The Industrial Pollution Control (Prescribed Processes and Substances) (Amendment) Regulations (Northern Ireland) 1999

Amendment of the principal Regulations

4.  Schedule 3 to the principal Regulations (date from which authorisation is required under Article 6 of the Order) shall be amended as follows–

(a) at the beginning of paragraph 2 there shall be inserted, “Subject to paragraphs 2A and 2B,”;

(b) the following paragraphs shall be inserted after that paragraph–

“2A.   The prescribed date, in respect of an existing hazardous waste incineration plant, is–

(a) where an application for authorisation as a Part A process is made on or before 31st December 1999, the determination date for that process; or

(b) where no such application is made, 31st December 1999.

2B.   The prescribed date, in respect of a new hazardous waste incineration plant, is 22nd February 1999.”; and

(c) the following definitions shall be inserted immediately after the definition of “the determination date” in paragraph 7–

• “existing hazardous waste incineration plant” means a process described in paragraph (bb) of Part A of Section 5.1 of Schedule 1 which, immediately before 22nd February 1999–

  (i)

  was a work registered under section 2 or 7, as applicable, of the Alkali &c. Works Regulation Act 1906(1); or

  (ii)

  was not a prescribed process, but was operated in accordance with planning permission;

  and which, in either case, was first so registered or operated, as the case may be, before 31st December 1996;

• “new hazardous waste incineration plant” means a process described in paragraph (bb) of Part A of Section 5.1 of Schedule 1 which, immediately before 22nd February 1999–

  (i)

  was a work registered under section 2 or 7, as applicable, of the Alkali &c. Works Regulation Act 1906; or

  (ii)

  was not a prescribed process, but was operated in accordance with planning permission;

  and which, in either case, was first so registered or operated, as the case may be, on or after 31st December 1996; and

• “planning permission” means planning permission granted under the Planning (Northern Ireland) Order 1991(2).

(1)

1906 c. 14

(2)

S.I. 1991/1220 (N.I. 11)