The Industrial Pollution Control (Prescribed Processes and Substances) Regulations (Northern Ireland) 1998

Regulation 3(1) and (3)

SCHEDULE 3 Date from which authorisation is required under Article 6 of the order

1.  Unless otherwise provided, this Schedule applies to Part A, Part B, and Part C processes.

2.  The prescribed date is, except in the case of an existing process, 2nd March 1998.

3.—(1) In the case of an existing process, the prescribed date is—

(i) in the case of a Part A process falling within sub-paragraph (2), the date at which the change mentioned in that paragraph is made, unless later than the date which would otherwise apply in accordance with head (ii);

(ii) where head (i) does not apply and subject to paragraph 4, the day after that on which the period for applying for authorisation in accordance with the relevant Table in paragraphs 8, 9, or 10 (as applicable) expires.

(2) A case falls within this sub-paragraph if the person carrying on the process makes a substantial change in that process on or after 2nd March 1998 and that change—

(i) has not occasioned construction work which is in progress on that date; or

(ii) is not the subject of a contract for construction work entered into before that date.

4.  Where paragraph 3(1)(ii) applies and application is duly made in accordance with Article 6 of the Order within the relevant period specified in paragraphs 8, 9, or 10 (as applicable) for authorisation to carry on a process, the prescribed date as respects the carrying on by the applicant (or other person in his place) of the process to which the application relates is the determination date for that process.

5.  Subject to paragraph 6, references to an existing process are to a process—

(i) which was being carried on at some time in the 12 months immediately preceding 2nd March 1998;

(ii) which is to be carried on at a works, plant or factory or by means of mobile plant which was under construction or in course of manufacture or in the course of commission at that date, or the construction or supply of which was the subject of a contract entered into before that date; or

(iii) in respect of which the best practicable means which will be required to be used under Section 2 or 7 (as applicable) of the Alkali, &c. Works Regulation Act 1906(1), if that process is subsequently registered as a work under section 9 of that Act, have been notified in writing before the commencement date of these regulations by the chief inspector or an inspector to the person who intends to carry on that process.

In this paragraph—

• “chief inspector” and “inspector” have the meanings assigned by section 10 of the Alkali, &c. Works Regulation Act 1906.

6.  A process shall cease to be an existing process if at any time between 2nd March 1998 and the last day by which an application is otherwise required to be made for authorisation for the carrying on of that process, the process ceases to be carried on and is not carried on again at the same location (or with the same mobile plant) within the following 12 months.

7.  In this Schedule—

• “the determination date” for a prescribed process is—

  (a)

  in the case of a process for which an authorisation is granted, the date on which the enforcing authority grants it, whether in pursuance of the application or, on an appeal, of a direction to grant it;

  (b)

  in the case of a process for which an authorisation is refused, the date of the refusal or, on an appeal, of the affirmation of the refusal; and

• “substantial change” in relation to a prescribed process means a substantial change in the substances released from the process or in the amount or any other characteristic of any substance so released.

8.  Application for authorisation to carry on an existing Part A process shall be made in the relevant period specified in the following Table—

TABLE

Application to be made [Part A Processes]

Any process falling within a description set out in	Not earlier than	Not later than
Chapter 1	1st October 1998	31st December 1998
Section 3.1, and 6.3	1st October 1999	31st December 1999
Section 3.2, 3.3, 3.5, 6.7,6.9 and Chapter 4	1st October 2000	31st December 2000
Chapter 2, Chapter 5, Section 6.4 and 6.5	lst October 2001	31st December 2001
Section 6.1, 6.2 and 6.6	1st October 2002	31st December 2002

9.  Application for authorisation to carry on an existing Part B process shall be made in the relevant period specified in the following Table—

TABLE

Application to be made [Part B Processes]

Any process falling within a description set out in	Not earlier than	Not later than
Chapter 1	1st October 1998	31st December 1998
Section 3.1, 3.4 and 6.3	1st October 1999	31st December 1999
Section 3.2, 3.5, 3.6, 6.9, and Chapter 4	1st October 2000	31st December 2000
Chapter 2, Chapter 5, Section 6.5 and 6.8	1st October 2001	31st December 2001
Section 6.2 and 6.6	1st October 2002	31st December 2002

10.  Application for authorisation to carry on an existing Part C process shall be made in the relevant period specified in the following Table—

TABLE

Application to be made [Part C Processes]

Any process falling within a description set out in	Not earlier than	Not later than
Chapter 1, Section 3.4 and 6.9	1st October 1998	31st December 1998
Section 3.1	1st October 1999	31st December 1999
Section 3.6, and 6.7	1st October 2000	31st December 2000
Chapter 2, Chapter 5, Section 6.5 and 6.8	1st October 2001	31st December 2001
Section 6.6	1st October 2002	31st December 2002

(1)

1906 c. 14 as amended by S.R. 1991 No. 49, S.R. 1994 No. 104, S.R. 1994 No. 192, and S.R. 1994 No. 444