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The Industrial Pollution Control (Northern Ireland) Order 1997


This is the original version (as it was originally made).

3.—(1) The Department may give directions to the enforcing authority requiring that any particular application or any class of applications for an authorisation shall be transmitted to the Department for determination pending a further direction under sub-paragraph (4).

(2) The enforcing authority shall inform the applicant of the fact that his application is being transmitted to the Department.

(3) Where an application for an authorisation is referred to it under sub-paragraph (1) the Department may—

(a)cause a public local inquiry to be held in relation to the application either by the Planning Appeals Commission or by a person appointed by the Department for the purpose; or

(b)afford the applicant and the enforcing authority concerned an opportunity of appearing before and being heard by the Planning Appeals Commission;

and the Department shall exercise one of the powers under this sub-paragraph in any case where, in the manner prescribed by regulations made by the Department, a request is made to be heard with respect to the application by the applicant or the enforcing authority concerned.

(4) The Department shall—

(a)in determining any application referred to it under this paragraph, take into account the report of any public local inquiry or hearing held under sub-paragraph (3); and

(b)on determining any such application, give to the enforcing authority such a direction as the Department thinks fit as to whether the enforcing authority is to grant the application and, if so, as to the conditions that are to be attached to the authorisation.

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