The Pollution Prevention and Control Regulations (Northern Ireland) 2003

Statutory Rules of Northern Ireland

2003 No. 46

ENVIRONMENTAL PROTECTION

The Pollution Prevention and Control Regulations (Northern Ireland) 2003

To be laid before Parliament under paragraph 7(3) of the Schedule to the Northern Ireland Act 2000(1).

Made

31 January 2003

Coming into operation

31 March 2003

The Department of the Environment, in exercise of the powers conferred upon it by Article 4 of the Environment (Northern Ireland) Order 2002(2) (“the 2002 Order”), and of all other powers enabling it in that behalf and having, in accordance with Article 4(4) of the 2002 Order, consulted district councils and such bodies or persons appearing to it to be representative of the interests of district councils as it considers appropriate, such bodies and persons appearing to it to be representative of the interests of industry, agriculture and business as it considers appropriate and such other bodies or persons as it considers appropriate, hereby makes the following Regulations(3):

PART 1 GENERAL

Citation and commencement

1.  These Regulations may be cited as the Pollution Prevention and Control Regulations (Northern Ireland) 2003 and shall come into operation on 31 March 2003.

Interpretation: general

2.—(1) The Interpretation Act (Northern Ireland)(4) 1954 shall apply to these Regulations as it applies to an Act of the Northern Ireland Assembly.

(2) In these Regulations, except in so far as the context otherwise requires—

“change in operation” means, in relation to an installation or mobile plant, a change in the nature or functioning or an extension of the installation or mobile plant which may have consequences for the environment; and “substantial change in operation” means, in relation to an installation or mobile plant, a change in operation which, in the opinion of the enforcing authority, may have significant negative effects on human beings or the environment;

“chief inspector” means the inspector constituted to be the chief inspector under regulation 8(3);

“the Department” means the Department of the Environment;

“the Directive” means Council Directive 96/61/EC concerning integrated pollution prevention and control(5);

“emission” means–

(i)

in relation to Part A installations, the direct or indirect release of substances, vibrations, heat or noise from individual or diffuse sources in an installation into the air, water or land;

(ii)

in relation to Part B installations, the direct release of substances or heat from individual or diffuse sources in an installation into the air;

(iii)

in relation to Part C installations, the direct release of substances or heat from individual or diffuse sources in an installation into the air;

(iv)

in relation to Part A mobile plant, the direct or indirect release of substances, vibrations, heat or noise from the mobile plant into the air, water or land;

(v)

in relation to Part B mobile plant, the direct release of substances or heat from the mobile plant into the air;

(vi)

in relation to Part C mobile plant, the direct release of substances or heat from the mobile plant into the air;

“emission limit value” means the mass, expressed in terms of specific parameters, concentration or level of an emission, which may not be exceeded during one or more periods of time;

“enforcement notice” has the meaning given by regulation 24(1);

“enforcing authority” means, in relation to the exercise of functions under these Regulations, the authority, either the chief inspector or district council, by whom, under regulation 7, the functions are exercisable;

“general binding rules” has the meaning given by regulation 14(1);

“inspector” means a person appointed under regulation 8(1) or (5);

“installation” means–

(i)

a stationary technical unit where one or more activities listed in Part 1 of Schedule 1 are carried out; and

(ii)

any other location on the same site where any other directly associated activities are carried out which have a technical connection with the activities carried out in the stationary technical unit and which could have an effect on pollution,

and, other than in Schedule 3, references to an installation include references to part of an installation;

“mobile plant” means plant which is designed to move or to be moved whether on roads or otherwise and which is used to carry out one or more activities listed in Part 1 of Schedule 1;

“off-site condition” has the meaning given by regulation 12(12);

“operator”, subject to paragraph (3), means, in relation to an installation or mobile plant, the person who has control over its operation;

“Part A installation”, “Part B installation” and “Part C installation” shall be interpreted in accordance with Part 3 of Schedule 1;

“Part A mobile plant”, “Part B mobile plant” and “Part C mobile plant” shall be interpreted in accordance with Part 3 of Schedule 1;

“permit” means a permit granted under regulation 10;

“Planning Appeals Commission” means the Planning Appeals Commission established under Article 110 of the Planning (Northern Ireland) Order 1991(6);

“pollution” means emissions as a result of human activity which may be harmful to human health or the quality of the environment, cause offence to any human senses, result in damage to material property, or impair or interfere with amenities and other legitimate uses of the environment; and “pollutant” means any substance, vibration, heat or noise released as a result of such an emission which may have such an effect;

“prescribed” means prescribed by regulations;

“revocation notice” has the meaning given by regulation 21(1);

“specified waste management activity” means any one of the following activities–

(i)

the disposal of waste in a landfill, whether or not the disposal falls within Section 5.2 of Part 1 of Schedule 1;

(ii)

the disposal of waste falling within Section 5.3 of that Part of that Schedule;

(iii)

the recovery of waste falling within paragraphs (i), (ii), (v) or (vii) of paragraph (c) of Part A of Section 5.4 of that Part of that Schedule;

“statutory provision” has the meaning given in section 1(f) of the Interpretation Act (Northern Ireland) 1954;

“substance” includes any chemical element and its compounds and any biological entity or micro-organism, with the exception of radioactive substances within the meaning of Council Directive 80/836/Euratom(7), genetically modified micro-organisms within the meaning of Council Directive 90/219/EEC(8) and genetically modified organisms within the meaning of Council Directive 90/220/EEC(9);

“suspension notice” has the meaning given by regulation 25(1);

“variation notice” has the meaning given by regulation 17(5).

(3) For the purposes of these Regulations–

(a) where an installation or mobile plant has not been put into operation, the person who will have control over the operation of the installation or mobile plant when it is put into operation shall be treated as the operator of the installation or mobile plant;

(b) where an installation or mobile plant has ceased to be in operation, the person who holds the permit which applies to the installation or mobile plant shall be treated as the operator of the installation or mobile plant.

(4) In these Regulations–

(a) a reference to a release into water includes a release into a sewer (within the meaning of Article 2(2) of the Water and Sewerage Services (Northern Ireland) Order 1973)(10);

(b) a reference to a Council Directive is a reference to that Directive together with any amendment made before the date on which these Regulations are made.

(5) Part 1 of Schedule 1 shall be interpreted in accordance with the provisions as to interpretation in Parts 1 and 2 of that Schedule.

Interpretation: “best available techniques”

3.—(1) For the purpose of these Regulations, “best available techniques” means the most effective and advanced stage in the development of activities and their methods of operation which indicates the practical suitability of particular techniques for providing in principle the basis for emission limit values designed to prevent and, where that is not practicable, generally to reduce emissions and the impact on the environment as a whole; and for the purpose of this definition–

(a) “available techniques” means those techniques which have been developed on a scale which allows implementation in the relevant industrial sector, under economically and technically viable conditions, taking into consideration the cost and advantages, whether or not the techniques are used or produced inside the United Kingdom, as long as they are reasonably accessible to the operator;

(b) “best” means, in relation to techniques, the most effective in achieving a high general level of protection of the environment as a whole;

(c) “techniques” includes both the technology used and the way in which the installation is designed, built, maintained, operated and decommissioned.

(2) Schedule 2 shall have effect in relation to the determination of best available techniques.

Fit and proper person

4.—(1) This regulation applies for the purpose of the discharge of any function under these Regulations which requires the chief inspector to determine whether a person is or is not a fit and proper person to carry out a specified waste management activity.

(2) Whether a person is or is not a fit and proper person to carry out a specified waste management activity shall be determined by reference to the fulfilment of the conditions of the permit which apply or will apply to the carrying out of that activity.

(3) Subject to paragraph (4), a person shall be treated as not being a fit and proper person if it appears to the chief inspector that–

(a) he or another relevant person has been convicted of a relevant offence;

(b) the management of the specified waste management activity which is or is to be carried out is not or will not be in the hands of a technically competent person; or

(c) the person who holds or is to hold the permit has not made and either has no intention of making or is in no position to make financial provision adequate to discharge the obligations arising from the permit in relation to the specified waste management activity.

(4) The chief inspector may, if he considers it proper to do so in any particular case, treat a person as a fit and proper person notwithstanding that paragraph (3)(a) applies in his case.

(5) For the purposes of paragraph (3), “relevant offence” means an offence under any of the following enactments–

(a) section 114 of the Public Health (Ireland) Act 1878(11);

(b) section 98(3) or (4) of the Local Government Act (Northern Ireland) 1972(12);

(c) Article 5, 7(4), 16(4), 18(2), 29, 38(4), 56, or 72(3) of the Pollution Control and Local Government (Northern Ireland) Order 1978(13);

(d) the Pollution Control (Special Waste) Regulations (Northern Ireland) 1981(14);

(e) section 9(1) of the Food and Environment Protection Act 1985(15);

(f) the Transfrontier Shipment of Hazardous Waste Regulations 1988(16);

(g) the Merchant Shipping (Prevention of Pollution by Garbage) Regulations 1988(17);

(h) the Transfrontier Shipment of Waste Regulations 1994(18);

(i) paragraph 15(1), (3), (4) or (5) of Schedule 5 to the Finance Act 1996(19);

(j) Article 4, 5(8), 22(6), 38(1), 42, 43(9), 44(2), or 74 of the Waste and Contaminated Land (Northern Ireland) Order 1997(20);

(k) Article 23(1) of the Industrial Pollution Control (Northern Ireland) Order 1997(21);

(l) The Special Waste Regulations (Northern Ireland) 1998(22);

(m) Article 7(1), 9(1), 28(3) or 29 of the Water (Northern Ireland) Order 1999(23);

(n) regulation 33(1) of these Regulations.

(6) In paragraph (3)(a), “another relevant person” means, in relation to the holder or proposed holder of a permit–

(a) any person who has been convicted of a relevant offence committed by him in the course of his employment by the holder or proposed holder of the permit or in the course of the carrying on of any business by a partnership one of the members of which was the holder or proposed holder of the permit;

(b) a body corporate which has been convicted of a relevant offence committed when the holder or proposed holder of the permit was a director, manager, secretary or other similar officer of that body corporate; or

(c) where the holder or proposed holder of the permit is a body corporate, a person who is a director, manager, secretary or other similar officer of that body corporate and who–

(i) has been convicted of a relevant offence; or

(ii) was a director, manager, secretary or other similar officer of another body corporate at a time when a relevant offence of which that other body corporate has been convicted was committed.

Application to the Crown

5.—(1) Subject to the provisions of this regulation, these Regulations bind the Crown to the full extent authorised or permitted by the constitutional laws of Northern Ireland.

(2) No contravention by the Crown of any provision of these Regulations shall make the Crown criminally liable under regulation 33 and no proceedings may be taken against the Crown under regulation 34 but the High Court may, on the application of the enforcing authority charged with enforcing that provision, declare unlawful any act or omission of the Crown which constitutes such a contravention.

(3) Notwithstanding anything in paragraph (2), the provisions of these Regulations shall apply to persons in the public service of the Crown as they apply to other persons.

(4) If the Secretary of State certifies that it appears to him, as respects any Crown premises and any specified powers of entry exercisable under regulation 27, that it is requisite or expedient that, in the interests of national security, the powers of entry should not be exercisable in relation to the premises, those powers shall not be exercisable in relation to those premises; and in this paragraph “specified” means specified in the certificate and “Crown premises” means premises held or used by or on behalf of the Crown.

(5) Any reference to the Crown in this regulation includes the Crown in right of Her Majesty’s Government in the United Kingdom.

Applications

6.—(1) An enforcing authority may require any application or type of application made to it under any provision of these Regulations to be made on a form made available by the enforcing authority.

(2) A form made available by an enforcing authority under paragraph (1) shall specify the information required by the enforcing authority to determine the application, which shall include any information required to be contained in the application by the provision of these Regulations under which the application is made.

(3) Where an enforcing authority makes available a form under paragraph (1) in relation to the making of applications to it under a provision of these Regulations any application made to it under that provision shall be made on that form.

(4) Any application made under these Regulations may, with the agreement of the enforcing authority, be sent to the enforcing authority electronically.

(5) Where an application which is required to be accompanied by a fee, map or plan is sent electronically, the fee, map or plan may be sent to the enforcing authority separately from the application but the application shall not be treated as having been received by the enforcing authority until the fee, map or plan has also been received.

(6) An application made under these Regulations may be withdrawn at any time before it is determined.

Discharge and scope of functions

7.—(1) This regulation determines the authority by whom the functions conferred or imposed by these Regulations on an enforcing authority are exercisable and the purposes for which they are exercisable.

(2) Those functions, in their application to a Part A installation or Part A mobile plant, shall be functions of the chief inspector and shall be exercisable for the purpose of achieving a high level of protection of the environment taken as a whole by, in particular, preventing or, where that is not practicable, reducing emissions into the air, water and land.

(3) Those functions, in their application to a Part B installation or Part B mobile plant, shall be functions of the chief inspector and shall be exercisable for the purpose of preventing or, where that is not practicable, reducing emissions into the air.

(4) Those functions, in their application to a Part C installation, shall be functions of the district council in whose district the installation is (or will be) situated and shall be exercisable for the purpose of preventing or, where that is not practicable, reducing emissions into the air.

(5) Those functions, in their application to a Part C mobile plant, shall be functions of–

(a) where the operator of the mobile plant has his principal place of business in Northern Ireland, the district council in whose district that place of business is;

(b) where the operator of the mobile plant has his principal place of business outside of Northern Ireland and the mobile plant is not covered by a permit, the district council in whose district the plant is first operated or, where the plant has not been operated in Northern Ireland, the district council in whose district it is intended by the operator that the plant should first be operated;

(c) where the operator has his principal place of business outside of Northern Ireland and the mobile plant is covered by a permit, the district council which granted the permit,

and shall be exercisable for the purpose of preventing or, where that is not practicable, reducing emissions into the air.

(6) The Department may, as respects functions under these Regulations exercisable by a district council specified in the direction, direct that those functions shall be exercised instead by the chief inspector while the direction remains in force or during a period specified in the direction.

(7) A transfer of functions under paragraph (6) to the chief inspector relating to Part C installations or Part C mobile plant does not make them exercisable by the chief inspector for any other purpose than that mentioned in paragraphs (4) and (5).

(8) The Department may, as respects functions under these Regulations exercisable by the chief inspector in respect of Part B installations specified in the direction, direct that those functions shall be exercised instead by a district council while the direction remains in force or during a period specified in the direction.

(9) A direction under paragraph (6) may transfer functions exercisable by a district council in relation to all or any description of installations or mobile plant (a “general direction”) or in relation to a specific installation or mobile plant specified in the direction (a “specific direction”) but a direction under paragraph (8) may only be a specific direction.

(10) A direction under paragraph (6) or (8) may include such saving and transitional provisions as the Department considers necessary or expedient.

(11) The Department, on giving or withdrawing a general direction under paragraph (6), shall–

(a) serve notice of it on the chief inspector and on the district councils affected by the direction; and

(b) cause notice of it to be published as soon as practicable in the Belfast Gazette and in at least two newspapers circulating in the district of each district council affected by the direction,

and any such notice shall specify the date on which the direction is to take (or took) effect and (where appropriate) its duration.

(12) The Department, on giving or withdrawing a specific direction under paragraph (6) or (8), shall–

(a) serve notice on the chief inspector, the district council and the operator or the person appearing to the Department to be the operator of the installation or mobile plant affected; and

(b) cause notice of it to be published in the Belfast Gazette and in at least two newspapers circulating in the district council’s district,

and any such notice shall specify the date on which the direction is to take (or took) effect and (where appropriate) its duration.

(13) The requirements of sub-paragraph (b) of paragraph (11), or, as the case may be, sub-paragraph (b) of paragraph (12) shall not apply in any case where, in the opinion of the Secretary of State, the publication of the notice in accordance with that sub-paragraph would be contrary to the interests of national security.

(14) It shall be the duty of enforcing authorities to follow developments in best available techniques.

Appointment of chief inspector and other inspectors

8.—(1) The Department may appoint as inspectors (under whatever title the Department may determine) such persons having suitable qualifications as the Department thinks necessary for carrying these Regulations into effect, and may terminate any appointment made under this paragraph.

(2) The Department may make to, or in respect of, any person so appointed such payments by way of remuneration, allowances or otherwise as the Department may determine.

(3) The Department shall constitute one of the inspectors appointed under paragraph (1) to be the chief inspector.

(4) The functions conferred or imposed by or under these Regulations on the chief inspector as the enforcing authority may, to any extent, be delegated by him to any other inspector appointed under paragraph (1).

(5) A district council may appoint as inspectors (under whatever title the council may determine) such persons having suitable qualifications as the council thinks necessary for carrying these Regulations into effect in the council’s district, and may terminate any appointment made under this paragraph.

(6) An inspector shall not be liable in any civil or criminal proceedings for anything done in the purported performance of his functions under Regulation 26 or 27 if the court is satisfied that the act was done in good faith and that there were reasonable grounds for doing it.

PART 2 PERMITS

Requirement for permit to operate installation and mobile plant

9.—(1) No person shall operate an installation or mobile plant after the prescribed date for that installation or mobile plant except under and to the extent authorised by a permit granted by the enforcing authority.

(2) In paragraph (1), the “prescribed date” means the appropriate date set out in or determined in accordance with Schedule 3.

Permits: general provisions

10.—(1) An application for a permit to operate an installation or mobile plant shall be made to the enforcing authority in accordance with paragraphs 1 to 3 of Part 1 of Schedule 4 and shall be accompanied by any fee prescribed in respect of the application under regulation 22.

(2) Subject to paragraphs (3) and (4), where an application is duly made to the enforcing authority the enforcing authority shall either grant the permit subject to the conditions required or authorised to be imposed by regulation 12 or refuse the permit.

(3) A permit shall not be granted if the enforcing authority considers that the applicant will not be the person who will have control over the operation of the installation or mobile plant concerned after the grant of the permit or will not ensure that the installation or mobile plant is operated so as to comply with the conditions which would be included in the permit.

(4) In the case of an application for a permit that will authorise the carrying out of a specified waste management activity at an installation or by means of mobile plant, the permit shall not be granted unless–

(a) the chief inspector is satisfied that the applicant is a fit and proper person to carry out that activity; and

(b) in the case of an installation where the use of the application site for the carrying out of that activity requires planning permission granted under the Planning (Northern Ireland) Order 1991, such planning permission is in force in relation to that use of the land.

(5) A permit may authorise the operation of–

(a) more than one Part A installation or Part A mobile plant on the same site operated by the same operator;

(b) more than one Part B installation on the same site operated by the same operator;

(c) more than one Part B mobile plant operated by the same operator;

(d) more than one Part C installation on the same site operated by the same operator; or

(e) more than one Part C mobile plant operated by the same operator,

but may not otherwise authorise the operation of more than one installation or mobile plant.

(6) A permit authorising the operation of a Part A mobile plant may only authorise the operation of that plant on a site specified in the permit and only one site may be specified in each such permit (accordingly, the operation of the plant on a different site shall require a distinct permit).

(7) A permit authorising the operation of an installation or Part A mobile plant shall include a map or plan showing the site of the installation or mobile plant covered by the permit and, in the case of an installation, the location of the installation on that site.

(8) A permit shall be transferred only in accordance with regulation 18 and shall cease to have effect only in accordance with regulation 19 or 20 (surrender) or regulation 21 (revocation) or paragraph (9) (consolidation).

(9) Where–

(a) the conditions of a permit have been varied under regulation 17 or affected by a partial transfer, surrender or revocation under regulations 18 to 21; or

(b) there is more than one permit applying to installations on the same site operated by the same operator or to mobile plant operated by the same operator,

the enforcing authority may replace the permit or permits, as the case may be, with a consolidated permit applying to the same installations or mobile plant and subject to the same conditions as the permit or permits being replaced.

(10) Paragraphs 4 to 8 of Part 1 of Schedule 4 shall have effect with respect to applications made under paragraph (1).

(11) Part 2 of Schedule 4 shall have effect in relation to the determination of applications for permits.

(12) Parts 1 and 2 of Schedule 4 shall have effect subject to Part 3 of that Schedule (national security and confidential information).

(13) This regulation is subject to paragraphs 5 and 9 of Schedule 3 (applications for a permit to operate existing installations or mobile plant, as defined in that Schedule).

Conditions of permits: general principles

11.—(1) When determining the conditions of a permit, the enforcing authority shall take account of the general principles set out in paragraph (2) and, in the case of a permit authorising the operation of a Part A installation or Part A mobile plant, the additional general principles set out in paragraph (3).

(2) The general principles referred to in paragraph (1) are that installations and mobile plant should be operated in such a way that–

(a) all the appropriate preventative measures are taken against pollution, in particular through application of the best available techniques; and

(b) no significant pollution is caused.

(3) The additional general principles referred to in paragraph (1) in relation to a permit authorising the operation of a Part A installation or a Part A mobile plant are that the installation or mobile plant should be operated in such a way that–

(a) waste production is avoided in accordance with Council Directive 75/442/EEC on waste(24); and where waste is produced, it is recovered or, where that is technically and economically impossible, it is disposed of while avoiding or reducing any impact on the environment;

(b) energy is used efficiently;

(c) the necessary measures are taken to prevent accidents and limit their consequences,

and that, upon the definitive cessation of activities, the necessary measures should be taken to avoid any pollution risk and to return the site of the installation or mobile plant to a satisfactory state.

Conditions of permits: specific requirements

12.—(1) Subject to paragraphs (15) and (16) and regulations 13 and 14, there shall be included in a permit–

(a) such conditions as the enforcing authority considers appropriate to comply with paragraphs (2) to (8); and

(b) in relation to any Part A installation or Part A mobile plant authorised by the permit–

(i) such other conditions applying in relation to the Part A installation or Part A mobile plant as the chief inspector considers appropriate to comply with paragraph (9); and

(ii) such other conditions (if any) applying in relation to the Part A installation or Part A mobile plant, in addition to those required by sub-paragraphs (a) and (b)(i), as appear to the chief inspector to be appropriate, when taken with the condition implied by paragraph (10), for the purpose of ensuring a high level of protection for the environment as a whole, taking into account, in particular, the general principles set out in regulation 11;

(c) in relation to any Part B or Part C installation or Part B or Part C mobile plant authorised by the permit, such other conditions (if any) applying in relation to the Part B or Part C installation or Part B or Part C mobile plant as appear to the enforcing authority to be appropriate, when taken with the condition implied by paragraph (10), for the purpose of preventing or, where that is not practicable, reducing emissions into the air, taking into account, in particular, the general principles set out in regulation 11(2).

(2) Subject to paragraph (8), a permit shall include emission limit values for pollutants, in particular those listed in Schedule 5, likely to be emitted from the installation or mobile plant in significant quantities, having regard to their nature and, in the case of emissions from a Part A installation or a Part A mobile plant, their potential to transfer pollution from one environmental medium to another.

(3) Where appropriate, the emission limit values required by paragraph (2) may apply to groups of pollutants rather than to individual pollutants.

(4) The emission limit values required by paragraph (2) shall normally apply at the point at which the emissions leave the installation or mobile plant, any dilution being disregarded when determining them.

(5) The effect of a waste water treatment plant may be taken into account when determining the emission limit values applying in relation to indirect releases into water from a Part A installation or Part A mobile plant provided that an equivalent level of protection of the environment as a whole is guaranteed and taking such treatment into account does not lead to higher levels of pollution.

(6) Subject to paragraph (7), the emission limit values required by paragraph (2) shall be based on the best available techniques for the description of installation or mobile plant concerned but shall take account of the technical characteristics of the particular installation or mobile plant being permitted, and, in the case of an installation or Part A mobile plant, its geographical location and the local environmental conditions.

(7) Where an environmental quality standard requires stricter emission limit values than those that would be imposed pursuant to paragraph (6), paragraph (2) shall require those stricter emission limit values; and for the purpose of this paragraph “environmental quality standard” means the set of requirements which must be fulfilled at a given time by a given environment or particular part thereof, as set out in Community legislation(25).

(8) Where appropriate, the emission limit values required by paragraph (2) may be supplemented or replaced by equivalent parameters or technical measures.

(9) A permit authorising the operation of a Part A installation or Part A mobile plant shall also include conditions–

(a) aimed at minimising long distance and transboundary pollution;

(b) ensuring, where necessary, appropriate protection of the soil and groundwater and appropriate management of waste generated by the installation or mobile plant;

(c) relating to the periods when the installation or mobile plant is not operating normally where there is a risk that the environment may be adversely affected during such periods, including, in particular, conditions relating to the start up of operations, leaks, malfunctions and momentary stoppages;

(d) setting out the steps to be taken prior to the operation of the installation or mobile plant and after the definitive cessation of operations;

(e) setting out suitable emission monitoring requirements, specifying the measurement methodology and frequency and the evaluation procedure, and ensuring that the operator supplies the chief inspector with the data required to check compliance with the permit;

(f) requiring the operator to supply the chief inspector regularly with the results of the monitoring of emissions and to inform the chief inspector, without delay, of any incident or accident which is causing or may cause significant pollution.

(10) Subject to paragraph (11), there is implied in every permit a condition that, in operating the installation or mobile plant, the operator shall use the best available techniques for preventing or, where that is not practicable, reducing emissions from the installation or mobile plant.

(11) The obligation implied by virtue of paragraph (10) shall not apply in relation to any aspect of the operation of the installation or mobile plant in question which is regulated by a condition imposed under any other paragraph of this regulation.

(12) A permit authorising the operation of an installation or Part A mobile plant may include a condition (an “off-site condition”) requiring an operator to carry out works or do other things in relation to land not forming part of the site of the installation or mobile plant notwithstanding that he is not entitled to carry out the works or do the things, and any person whose consent would be required shall grant, or join in granting, the operator such rights in relation to that land as will enable the operator to comply with any requirements imposed on him by the permit.

(13) Schedule 6 shall have effect in relation to compensation where rights are granted pursuant to paragraph (12).

(14) A permit may, without prejudice to the generality of the previous provisions of this regulation, include conditions–

(a) imposing limits on the amount or composition of any substance produced or utilised during the operation of the installation or mobile plant in any period;

(b) which are supplemental or incidental to other conditions contained in the permit.

(15) The Department may give directions to enforcing authorities–

(a) as to the specific conditions which are, or are not, to be included in all permits, in permits of a specified description or in any particular permit;

(b) as to the objectives which are to be achieved by conditions included in such permits,

and the enforcing authorities shall include in such permits such conditions as are specified or required to comply with such directions.

(16) Guidance issued by the Department under regulation 38 may sanction reliance by an enforcing authority on any arrangements referred to in the guidance to operate to secure a particular result as an alternative to including a condition in the permit pursuant to this regulation.

(17) Where a Part B mobile plant or Part C mobile plant authorised by a permit is used to carry out an activity on the site of an installation which is authorised by a separate permit, then if different requirements are imposed in the permits as respect the carrying out of the activity the requirements in the permit authorising the operation of the installation shall prevail in the event of any inconsistency.

Conditions of permits: Department’s notice in relation to emissions into water

13.—(1) In the case of a Part A installation or Part A mobile plant the Department may, at any time, give notice to the chief inspector specifying the emission limit values or conditions (not containing emission limit values) which it considers are appropriate in relation to preventing or reducing emissions into water.

(2) Where a notice under paragraph (1) specifies emission limit values, the emission limit values required by paragraph (2) of regulation 12 in relation to emissions into water from the installation or mobile plant concerned shall be those specified in that notice or such stricter emission limit values as may be determined by the chief inspector in accordance with paragraph (6) of that regulation or required by paragraph (7) of that regulation.

(3) Where a notice under paragraph (1) specifies conditions in relation to emissions into water from an installation or mobile plant, the permit authorising the operation of that installation or mobile plant shall include those conditions or any more onerous conditions dealing with the same matters as the chief inspector considers to be appropriate.

General binding rules

14.—(1) Subject to paragraph (2), the Department may make rules (“general binding rules”) containing requirements applying to certain types of installation or mobile plant.

(2) The Department shall only make general binding rules under this regulation applying to Part A installations or Part A mobile plant if it is satisfied that the operation of such installations or mobile plant under the rules will result in the same high level of environmental protection and integrated prevention and control of pollution as would result from the operation of the installations or mobile plant under the conditions that would be included in the permits for those installations or mobile plant pursuant to regulation 12 if the rules did not apply.

(3) Where the Department makes general binding rules an enforcing authority may, at the request of the operator, include in a permit authorising the operation of an installation or mobile plant covered by the rules a condition (a “general binding rules condition”) providing that the aspects of the operation of the installation or mobile plant covered by the requirements in the rules shall be subject to those requirements instead of to conditions included in the permit pursuant to regulation 12.

(4) Where a permit includes a general binding rules condition the requirements in the general binding rules shall be treated as if they were conditions of the permit for the purpose of regulations 23, 24 and 33(1)(b).

(5) The Department may vary general binding rules by means of a notice of variation specifying the variations and the date on which the variations are to take effect, which shall be not less than 3 months after the date on which notice of the variation is given in the Belfast Gazette pursuant to paragraph (9)(c).

(6) The Department may revoke general binding rules by means of a notice of revocation.

(7) Where aspects of the operation of an installation or mobile plant are covered by the requirements in general binding rules which are revoked, the enforcing authority shall vary the permit authorising the operation of the installation or mobile plant under regulation 17 to delete the general binding rules condition and to insert the conditions that will be required by regulations 11 and 12 when the requirements in the general binding rules no longer apply.

(8) Where the Department revokes general binding rules the requirements in the general binding rules shall continue to be treated under paragraph (4) as if they were conditions of a permit until the variations of the permit required by paragraph (7) take effect.

(9) Where the Department makes, varies or revokes general binding rules it shall–

(a) serve a copy of the rules, notice of variation or notice of revocation on the chief inspector and all district councils;

(b) publish the rules, notice of variation or notice of revocation in such manner as it considers appropriate for the purpose of bringing the rules or notice to the attention of operators likely to be affected by them;

(c) give notice of the making, variation or revocation of the rules in the Belfast Gazette.

Review of conditions of permits

15.—(1) Enforcing authorities shall periodically review the conditions of permits and may do so at any time.

(2) Without prejudice to paragraph (1), a review of a permit under this regulation shall be carried out where–

(a) the pollution caused by the installation or mobile plant covered by the permit is of such significance that the existing emission limit values of the permit need to be revised or new emission limit values need to be included in the permit;

(b) substantial changes in the best available techniques make it possible to reduce emissions from the installation or mobile plant significantly without imposing excessive costs; or

(c) the operational safety of the activities carried out in the installation or mobile plant requires other techniques to be used.

Proposed change in the operation of an installation

16.—(1) Subject to paragraph (4), where an operator of an installation which is permitted under these Regulations proposes to make a change in the operation of that installation he shall, at least 14 days before making the change, notify the enforcing authority.

(2) A notification under paragraph (1) shall be in writing and shall contain a description of the proposed change in the operation of the installation.

(3) An enforcing authority shall, by notice in writing served on the operator, acknowledge receipt of any notification received under paragraph (1).

(4) Paragraph (1) shall not apply where the operator applies under regulation 17(2) for the variation of the conditions of his permit before making the proposed change and the application contains a description of the change.

Variation of conditions of permits

17.—(1) The enforcing authority may at any time vary the conditions of a permit and shall do so if it appears to the enforcing authority at that time, whether as a result of a review under regulation 15, a notification under regulation 13 or 16 or otherwise, that regulations 11 and 12 require conditions to be included which are different from the subsisting conditions.

(2) An operator of an installation or mobile plant which is permitted under these Regulations may apply to the enforcing authority for the variation of the conditions of his permit.

(3) An application under paragraph (2) shall be made in accordance with paragraph 1 of Part 1 of Schedule 7 and shall be accompanied by any fee prescribed in respect of the application under regulation 22; and paragraphs 2 and 3 of Part 1 of Schedule 7 shall have effect with respect to such applications.

(4) Where an application is duly made to the enforcing authority under paragraph (2), the enforcing authority shall determine, in accordance with regulations 11 and 12, whether to vary the conditions of the permit.

(5) Where the enforcing authority decides to vary the conditions of the permit, whether on an application under paragraph (2) or otherwise, it shall serve a notice in writing on the operator (a “variation notice”) specifying the variations of the conditions of the permit and the date or dates on which the variations are to take effect and, unless the notice is withdrawn, the variations specified in the notice shall take effect on the date or dates so specified.

(6) A variation notice served under paragraph (5) shall, unless served for the purpose of determining an application under paragraph (2), require the operator to pay, within such period as may be specified in the notice, any fee prescribed in respect of the variation notice under regulation 22.

(7) Where the enforcing authority decides on an application under paragraph (2) not to vary the conditions of the permit, it shall give notice of its decision to the operator in writing.

(8) Part 2 of Schedule 7 shall have effect in relation to the determination of applications under paragraph (2) and the issuing of variation notices.

(9) Parts 1 and 2 of Schedule 7 shall have effect subject to Part 3 of that Schedule (national security and confidential information).

(10) This regulation and Schedule 7 apply to the variation of any provision other than a condition which is contained in a permit as they apply to the variation of a condition.

Transfer of permits

18.—(1) Where the operator of an installation or mobile plant wishes to transfer, in whole or in part, his permit to another person (“the proposed transferee”) the operator and the proposed transferee shall jointly make an application to the enforcing authority to effect the transfer.

(2) An application under paragraph (1) shall be accompanied by the permit and any fee prescribed in respect of the transfer under regulation 22 and shall contain–

(a) the operator’s and the proposed transferee’s telephone number and address and, if different, any address to which correspondence relating to the application should be sent;

(b) in the case of an application to effect the transfer of a permit or part of a permit that authorises the carrying out of a specified waste management activity, any information which the applicants wish the chief inspector to take into account when considering whether the transferee is a fit and proper person to carry out that activity.

(3) Where the operator wishes to retain part of his permit (a “partial transfer”), an application under paragraph (1) shall–

(a) identify the installation or mobile plant to which the transfer applies (the “transferred unit”); and

(b) where the transfer applies to the operation of an installation or Part A mobile plant, contain a map or plan identifying the part of the site used for the operation of that installation or mobile plant (the “identified part of the site”).

(4) Subject to paragraph (5), the enforcing authority shall effect the transfer unless the enforcing authority considers that the proposed transferee will not be the person who will have control over the operation of the installation or mobile plant covered by the transfer after the transfer is effected or will not ensure compliance with the conditions of the transferred permit.

(5) In the case of an application to effect the transfer of a permit or part of a permit which authorises the carrying out of a specified waste management activity, the chief inspector shall only effect the transfer if the chief inspector is satisfied that the proposed transferee is a fit and proper person to carry out that activity.

(6) The enforcing authority shall effect a transfer under this regulation by–

(a) in the case of a partial transfer–

(i) issuing a new permit to the proposed transferee which applies to the transferred unit and, where the transfer applies to the operation of an installation or Part A mobile plant, the identified part of the site covered by the transfer, and includes the conditions required by paragraph (7); and

(ii) returning the original permit to the operator, endorsed to record the transfer and varied to show the installation or mobile plant and, where the transfer applies to the operation of an installation or Part A mobile plant, the site covered by the permit after the transfer and the conditions applying after the transfer as required by paragraph (7);

(b) in the case of a transfer of the whole permit, causing the permit to be endorsed with the name and other particulars of the proposed transferee as the operator of the installation or mobile plant concerned,

and the transfer shall take effect from such date as may be agreed with the applicants and specified in the endorsement and, in the case of a partial transfer, the new permit.

(7) In the case of a partial transfer effected under this regulation, the conditions included in the new permit and original permit after the transfer shall be the same as the conditions included in the original permit immediately before the transfer in so far as they are relevant to any installation, site and mobile plant covered by the new permit or the original permit, as the case may be, but subject to such variations as, in the opinion of the enforcing authority, are necessary to take account of the transfer.

(8) If within the period of two months beginning with the date on which the enforcing authority receives an application under paragraph (1), or within such longer period as the enforcing authority and the applicants may agree in writing, the enforcing authority has neither effected the transfer nor given notice in writing to the applicants that it has rejected the application, the application shall, if the applicants notify the enforcing authority in writing that they treat the failure as such, be deemed to have been refused at the end of that period or that longer period, as the case may be.

(9) The enforcing authority may, by notice in writing, require the operator or the proposed transferee to furnish such further information specified in the notice, within the period so specified, as the enforcing authority may require for the purpose of determining an application under this regulation.

(10) Where a notice is served on an operator or proposed transferee under paragraph (9)–

(a) for the purpose of calculating the period of two months mentioned in paragraph (8), no account shall be taken of the period beginning with the date on which notice is served and ending on the date on which the information specified in the notice is furnished; and

(b) if the specified information is not furnished within the period specified, the application shall, if the enforcing authority gives notice in writing to the operator and proposed transferee that it treats the failure as such, be deemed to have been withdrawn at the end of that period.

Application to surrender a permit for a Part A installation or Part A mobile plant

19.—(1) This regulation applies where an operator of a Part A installation or Part A mobile plant ceases or intends to cease operating the installation (in whole or in part) or the mobile plant.

(2) Where this regulation applies, the operator may–

(a) if he has ceased or intends to cease operating all of the installations and mobile plant covered by the permit, apply to the chief inspector to surrender the whole permit;

(b) in any other case, apply to the chief inspector to surrender the permit in so far as it authorises the operation of the installation or mobile plant (“the surrender unit”) which he has ceased or intends to cease operating (a “partial surrender”).

(3) An application under paragraph (2) shall be accompanied by any fee prescribed in respect of the application under regulation 22, and shall contain the following information–

(a) the operator’s telephone number and address and, if different, any address to which correspondence relating to the application should be sent;

(b) in the case of a partial surrender, a description of the surrender unit and a map or plan identifying the part of the site used for the operation of the surrender unit (the “identified part of the site”);

(c) a site report describing the condition of the site, or the identified part of the site, as the case may be (“the report site”), identifying, in particular, any changes in the condition of the site as described in the site report contained in the application for the permit; and

(d) a description of any steps that have been taken to avoid any pollution risk on the report site resulting from the operation of the installation or mobile plant or to return it to a satisfactory state.

(4) If the chief inspector is satisfied, in relation to the report site, that such steps (if any) as are appropriate to avoid any pollution risk resulting from the operation of the Part A installation or Part A mobile plant and to return the site to a satisfactory state have been taken by the operator, he shall accept the surrender and give the operator notice in writing of his determination and the permit shall cease to have effect or, in the case of partial surrender, shall cease to have effect to the extent surrendered, on the date specified in the notice of determination.

(5) If, in the case of a partial surrender, the chief inspector is of the opinion that it is necessary to vary the conditions included in the permit to take account of the surrender, the chief inspector shall specify the necessary variations in the notice of determination given under paragraph (4) and the variations specified in the notice shall take effect on the date specified in the notice.

(6) If the chief inspector is not satisfied as mentioned in paragraph (4) he shall give to the operator notice in writing of his determination stating that the application has been refused.

(7) The chief inspector shall give notice in writing of his determination of an application under this regulation within the period of three months beginning with the date on which the chief inspector receives the application or within such longer period as the chief inspector and the operator may agree in writing.

(8) If the chief inspector fails to give notice in writing of his determination accepting the surrender or refusing the application within the period allowed by or under paragraph (7) the application shall, if the operator notifies the chief inspector in writing that he treats the failure as such, be deemed to have been refused at the end of that period.

(9) The chief inspector may, by notice in writing to the operator, require him to furnish such further information specified in the notice, within the period so specified, as the chief inspector may require for the purpose of determining an application under this regulation.

(10) Where a notice is served on an operator under paragraph (9)–

(a) for the purpose of calculating the period of three months mentioned in paragraph (7), no account shall be taken of the period beginning with the date on which notice is served and ending on the date on which the information specified in the notice is furnished; and

(b) if the specified information is not furnished within the period specified the application shall, if the chief inspector gives notice in writing to the operator that he treats the failure as such, be deemed to have been withdrawn at the end of that period.

(11) For the purpose of deciding whether a pollution risk results from the operation of a Part A installation or Part A mobile plant for the purpose of this regulation–

(a) where the operation of the installation or plant involved the carrying out of a specified waste management activity, only risks resulting from carrying out that activity after the relevant date for that activity shall be treated as resulting from the operation of the installation or mobile plant;

(b) where the operation of the installation or mobile plant involved the carrying out of other activities, only risks resulting from the carrying out of those other activities after the date on which the permit applying to the installation or mobile plant was granted shall be treated as resulting from the operation of the installation or mobile plant.

(12) The relevant date for a specified waste management activity for the purpose of paragraph (11)(a) is–

(a) where the activity was carried out on the site of the installation or mobile plant under a disposal licence which by virtue of Article 10(1) of the Pollution Control and Local Government (Northern Ireland) Order 1978, ceased to have effect in relation to the carrying out of that activity on that site on the granting of the permit applying to the installation or mobile plant, the date on which that disposal licence was granted;

(b) in any other case, the date on which the permit applying to the installation or mobile plant was granted.

(13) In paragraph (12)(a) “disposal licence” has the same meaning as in Article 5(1) of the Pollution Control and Local Government (Northern Ireland) Order 1978.

Notification of surrender of a permit for a Part B or Part C installation or Part B or Part C mobile plant

20.—(1) This regulation applies where an operator of a Part B or Part C installation or Part B or Part C mobile plant ceases or intends to cease operating the installation (in whole or in part) or the mobile plant.

(2) Where this regulation applies, the operator may–

(a) if he has ceased or intends to cease operating all of the installations and mobile plant covered by the permit, notify the enforcing authority of the surrender of the whole permit;

(b) in any other case, notify the enforcing authority of the surrender of the permit in so far as it authorises the operation of the installation or mobile plant (“the surrender unit”) which he has ceased or intends to cease operating (a “partial surrender”).

(3) A notification under paragraph (2) shall contain the following information–

(a) the operator’s telephone number and address and, if different, any address to which correspondence relating to the notification should be sent;

(b) in the case of a partial surrender of a permit applying to Part B or Part C installations, a description of the surrender unit and a map or plan identifying the part of the site used for the operation of the surrender unit (the “identified part of the site”);

(c) in the case of a partial surrender of a permit applying to Part B or Part C mobile plant, a list of the mobile plant to which it applies;

(d) the date on which the surrender is to take effect, which shall be at least 28 days after the date on which the notice is served on the enforcing authority.

(4) Subject to paragraph (5), where a surrender is notified under this regulation the permit shall cease to have effect on the date specified in the notification or, in the case of partial surrender, shall cease to have effect on that date to the extent surrendered.

(5) If, in the case of a partial surrender, the enforcing authority is of the opinion that it is necessary to vary the conditions of the permit to take account of the surrender, the enforcing authority shall–

(a) notify the operator of its opinion in writing; and

(b) serve a variation notice under regulation 17 on the operator specifying the variations of the conditions necessitated by the surrender,

and the permit shall cease to have effect to the extent surrendered on the date on which the variations specified in the variation notice take effect if that date is after the date specified in the notification of the surrender.

Revocation of permits

21.—(1) The enforcing authority may at any time revoke a permit, in whole or in part, by serving a notice in writing (“a revocation notice”) on the operator.

(2) Without prejudice to the generality of paragraph (1), the enforcing authority may serve a notice under this regulation in relation to a permit where–

(a) the permit authorises the carrying out of a specified waste management activity and it appears to the chief inspector that the operator of the installation or mobile plant concerned has ceased to be a fit and proper person to carry out that activity by reason of his having been convicted of a relevant offence within the meaning of regulation 4(5) or by reason of the management of that activity having ceased to be in the hands of a technically competent person;

(b) the holder of the permit has ceased to be the operator of the installation or mobile plant covered by the permit.

(3) A revocation notice may–

(a) revoke a permit entirely;

(b) revoke a permit only in so far as it authorises the operation of some of the installations or mobile plant to which it applies;

(c) revoke a permit only in so far as it authorises the carrying out of some of the activities which may be carried out in an installation or by means of mobile plant to which it applies.

(4) A revocation notice shall specify–

(a) in the case of a revocation mentioned in sub-paragraph (b) or (c) of paragraph (3) (a “partial revocation”), the extent to which the permit is being revoked;

(b) in all cases, the date on which the revocation shall take effect, which shall be at least 28 days after the date on which the notice is served.

(5) If, in the case of a revocation mentioned in sub-paragraph (a) or (b) of paragraph (3) applying to a Part A installation or Part A mobile plant, the chief inspector considers that it is appropriate to require the operator to take steps, once the installation or mobile plant is no longer in operation, to–

(a) avoid any pollution risk resulting from the operation of the installation or mobile plant on the site or, in the case of a partial revocation, that part of the site used for the operation of that installation or mobile plant; or

(b) return the site, or that part of the site, to a satisfactory state,

the revocation notice shall specify that this is the case and, in so far as those steps are not already required to be taken by the conditions of the permit, the steps to be taken.

(6) Subject to paragraph (7) and regulation 28(6), a permit shall cease to have effect, or, in the case of a partial revocation, shall cease to have effect to the extent specified in the revocation notice, from the date specified in the notice.

(7) Where paragraph (5) applies the permit shall cease to have effect to authorise the operation of the Part A installation or Part A mobile plant from the date specified in the revocation notice but shall continue to have effect in so far as the permit requires steps to be taken once it is no longer in operation until the chief inspector issues a certificate stating that he is satisfied that all such steps have been taken.

(8) Where a permit continues to have effect as mentioned in paragraph (7), any steps specified in a revocation notice pursuant to paragraph (5) shall be treated as if they were required to be taken by a condition of the permit and regulations 17, 23, 24 and 33(1)(b) shall apply in relation to the requirement to take such steps, and to any other conditions in the permit which require steps to be taken once the installation is no longer in operation, until the chief inspector issues a certificate as mentioned in paragraph (7).

(9) An enforcing authority which has served a revocation notice may, before the date on which the revocation takes effect, withdraw the notice.

(10) Regulation 19(11) shall apply for the purpose of deciding whether a pollution risk results from the operation of a Part A installation or Part A mobile plant for the purpose of this regulation as it applies for the purpose of regulation 19.

Fees and charges in relation to permits

22.—(1) There shall be charged by and paid to the enforcing authority such fees and charges as may be prescribed by a scheme under paragraph (2) (whether by being specified in or made calculable under the scheme).

(2) The Department may make and from time to time revise a scheme prescribing–

(a) fees payable in respect of applications for permits;

(b) fees payable in respect of, or of applications for, the variation, transfer and surrender of such permits;

(c) charges payable in respect of the subsistence of such permits; and

(d) fees and costs payable in connection with appeals under these Regulations.

(3) The Department shall, on making or revising a scheme under paragraph (2), lay a copy of the scheme or of the revisions made to the scheme or, if it considers it more appropriate, the scheme as revised, before the Assembly.

(4) The Department may make separate schemes for fees and charges payable to the chief inspector and fees and charges payable to district councils under these Regulations.

(5) A scheme under paragraph (2) may, in particular–

(a) allow for reduced fees or charges to be payable in respect of permits granted to the same person;

(b) provide for the times at which and the manner in which the payments required by the scheme are to be made (subject to the requirements in these Regulations as to the times at which payment is required); and

(c) make such incidental, supplementary and transitional provisions as appears to the Department to be appropriate.

(6) The Department, in framing a scheme under paragraph (2), shall, so far as practicable, secure that the fees and charges payable under the scheme are sufficient, taking one year with another, to cover the expenditure incurred by–

(a) the enforcing authorities in exercising their functions under these Regulations in relation to permits;

(b) the Department in exercising its functions under regulation 13(1) or in preparing guidance in relation to the authorisation of installations and plant covered by district council permits.

(7) A scheme under paragraph (2) may provide that to the extent that the sums paid to a district council under the scheme relate to the expenditure incurred by the Department in preparing guidance in relation to the authorisation of installations and plant covered by district council permits those sums shall be paid by the district council to the Department.

(8) If it appears to the enforcing authority that the holder of a permit has failed to pay a charge due in consideration of the subsistence of the permit, it may revoke the permit under regulation 21.

(9) Any fees and charges received by the chief inspector under this regulation shall be paid into the Consolidated Fund.

(10) In this regulation, “district council permit” means a permit applying to installations or mobile plant in relation to which a district council exercises functions under these Regulations.

PART 3 ENFORCEMENT

Duty of the enforcing authority to ensure compliance with conditions

23.  While a permit is in force it shall be the duty of the enforcing authority to take such action under these Regulations as may be necessary for the purpose of ensuring that the conditions of the permit are complied with.

Enforcement notices

24.—(1) If the enforcing authority is of the opinion that an operator has contravened, is contravening or is likely to contravene any condition of his permit, the enforcing authority may serve on him a notice (an “enforcement notice”).

(2) An enforcement notice shall–

(a) state that the enforcing authority is of that opinion;

(b) specify the matters constituting the contravention or the matters making it likely that the contravention will arise, as the case may be;

(c) specify the steps that must be taken to remedy the contravention or to remedy the matters making it likely that the contravention will arise, as the case may be; and

(d) specify the period within which those steps must be taken;

(e) be in writing.

(3) The steps that may be specified in an enforcement notice as steps that must be taken to remedy the contravention of any condition of a permit may include both steps that must be taken to make the operation of the installation or mobile plant comply with the conditions of the permit and steps that must be taken to remedy the effects of any pollution caused by the contravention.

(4) The enforcing authority may withdraw an enforcement notice at any time.

Suspension notices

25.—(1) If the enforcing authority is of the opinion, as respects an installation or mobile plant authorised under these Regulations, that the operation of the installation or mobile plant, or the operation of it in a particular manner, involves an imminent risk of serious pollution, it shall, unless it intends to arrange for steps to be taken under regulation 26(1) in relation to the risk, serve a notice under this regulation (a “suspension notice”) on the operator of the installation or mobile plant.

(2) Paragraph (1) applies whether or not the particular manner of operating the installation or mobile plant in question is regulated by or contravenes a condition of the permit.

(3) If the chief inspector is of the opinion, as respects the carrying out of specified waste management activities under a permit, that the operator carrying out the activities has ceased to be a fit and proper person in relation to those activities by reason of their management having ceased to be in the hands of a technically competent person, he may serve a suspension notice on that operator.

(4) A suspension notice shall–

(a) state the enforcing authority’s opinion, as mentioned in paragraph (1) or (3), as the case may be;

(b) in the case of a notice served under paragraph (1), specify–

(i) the imminent risk involved in the operation of the installation or mobile plant;

(ii) the steps that must be taken to remove it and the period within which they must be taken;

(c) state that the permit shall, until the notice is withdrawn, cease to have effect to authorise the operation of the installation or mobile plant or the carrying out of specified activities in the installation or by means of the mobile plant;

(d) where the permit is to continue to have effect to authorise the carrying out of activities, state any steps, in addition to those already required to be taken by the conditions of the permit, that are to be taken in carrying out those activities; and

(e) be in writing.

(5) Where a suspension notice is served under this regulation the permit shall, on the service of the notice, cease to have effect as stated in the notice.

(6) The enforcing authority may withdraw a suspension notice at any time and shall withdraw a notice when it is satisfied–

(a) in the case of a notice served under paragraph (1), that the steps required by the notice to remove the imminent risk of serious pollution have been taken;

(b) in the case of a notice served under paragraph (3), that the management of the specified waste management activities is in the hands of a technically competent person.

Power of the enforcing authority to prevent or remedy pollution

26.—(1) If the enforcing authority is of the opinion, as respects the operation of an installation or mobile plant authorised under these Regulations, that the operation of the installation or mobile plant, or the operation of it in a particular manner, involves an imminent risk of serious pollution, the enforcing authority may arrange for steps to be taken to remove that risk.

(2) Where the commission of an offence under regulation 33(1)(a), (b) or (d) causes any pollution the enforcing authority may arrange for steps to be taken towards remedying the effects of the pollution.

(3) An enforcing authority which intends to arrange for steps to be taken under paragraph (2) shall, at least seven days before the steps are taken, notify the operator in writing of the steps that are to be taken.

(4) Subject to paragraph (5), where an enforcing authority arranges for steps to be taken under this regulation it may recover the cost of taking those steps from the operator concerned.

(5) No costs shall be recoverable under paragraph (4) where the enforcing authority arranges for steps to be taken under paragraph (1) if the operator shows that there was no imminent risk of serious pollution requiring any such steps to be taken and no other costs shall be recoverable which the operator shows to have been unnecessarily incurred by the enforcing authority.

Powers of inspectors and others

27.—(1) An inspector may, on production (if so required) of his authority, exercise any of the powers in paragraph (3) for the purpose of–

(a) determining whether any provisions of the pollution control statutory provisions in the case of an enforcing authority are being, or have been, complied with;

(b) discharging one or more of the functions conferred or imposed on an enforcing authority by or under the pollution control statutory provisions; or

(c) determining whether and, if so, how such a function should be discharged.

(2) Those powers, so far as exercisable in relation to premises, are exercisable in relation–

(a) to premises on which activities listed in Part 1 of Schedule 1 are, or are believed (on reasonable grounds) to be carried out; and

(b) to premises on which activities listed in Part 1 of Schedule 1 have been carried out (whether or not the activities were so listed when they were carried out) the condition of which is believed (on reasonable grounds) to be such as to give rise to a risk of serious pollution.

(3) The powers of the inspector are–

(a) to enter at any reasonable time (or, in an emergency, at any time and, if need be, by force) any premises which he has reason to believe it is necessary for him to enter;

(b) on entering any premises by virtue of sub-paragraph (a) to take with him–

(i) any person duly authorised by the chief inspector or, as the case may be, the district council and, if the inspector has reasonable cause to apprehend any serious obstruction in the execution of his duty, a constable; and

(ii) any equipment or materials required for any purpose for which the power of entry is being exercised;

(c) to make such examination and investigation as may in any circumstances be necessary;

(d) as regards any premises which he has power to enter, to direct that those premises or any part of them or anything in them, shall be left undisturbed (whether generally or in particular respects) for so long as is reasonably necessary for the purpose of any examination or investigation under sub-paragraph (c);

(e) to take such measurements and photographs and make such recordings as he considers necessary for the purpose of any examination or investigation under sub-paragraph (c);

(f) to take samples of any articles or substances found in or on any premises which he has power to enter, and of the air, water or land in, on, or in the vicinity of, the premises;

(g) in the case of any article or substance found in or on any premises which he has power to enter, being an article or substance which appears to him to have caused or to be likely to cause pollution, to cause it to be dismantled or subjected to any process or test ( but not so as to damage or destroy it unless this is necessary);

(h) in the case of any such article or substance as is mentioned in sub-paragraph (g), to take possession of it and detain it for so long as is necessary for all or any of the following purposes, namely–

(i) to examine it and do to it anything which he has power to do under that sub- paragraph;

(ii) to ensure that it is not tampered with before his examination of it is completed;

(iii) to ensure that it is available for use as evidence in any proceedings for an offence under regulation 33 or any other proceedings relating to a permit;

(i) to require any person whom he has reasonable cause to believe to be able to give any information relevant to any examination or investigation under sub-paragraph (c) to answer (in the absence of persons other than a person nominated by that person to be present and any persons whom the inspector may allow to be present) such questions as the inspector thinks fit to ask and to sign a declaration of the truth of his answers;

(j) to require the production of, or where the information is recorded in computerised form, the furnishing of extracts from, any records which are required to be kept under the pollution control statutory provisions or which it is necessary for him to see for the purposes of an examination or investigation under sub-paragraph (c) and to inspect and take copies of, or of any entry in, the records;

(k) to require any person to afford him such facilities and assistance with respect to any matters or things within that person’s control or in relation to which that person has responsibilities as are necessary to enable the inspector to exercise any powers conferred on him by this regulation;

(l) any other power for the purpose mentioned in paragraph (1) which is conferred by regulations made by the Department.

(4) The powers which under paragraphs (1) and (3) are conferred in relation to any premises for the purpose of enabling an enforcing authority to determine whether any provision of the pollution control statutory provisions in the case of that enforcing authority is being, or has been, complied with shall include power, in order to obtain the information on which that determination may be made–

(a) to carry out experimental borings or other works on those premises; and

(b) to install, keep or maintain monitoring and other apparatus there.

(5) Except in an emergency, in any case where it is proposed to take heavy equipment on to any premises which are to be entered, any entry by virtue of this regulation shall only be effected–

(a) after the expiration of at least 7 days' notice in writing of the proposed entry given to a person who appears to the inspector to be in occupation of the premises in question, and

(b) either–

(i) with the consent of a person who is in occupation of those premises; or

(ii) under the authority of a warrant by virtue of Schedule 8.

(6) Except in an emergency, where an inspector proposes to enter any premises and–

(a) entry has been refused and he apprehends on reasonable grounds that the use of force may be necessary to effect entry; or

(b) he apprehends on reasonable grounds that entry is likely to be refused and that the use of force may be necessary to effect entry,

any entry on those premises by virtue of this regulation shall only be effected under the authority of a warrant by virtue of Schedule 8.

(7) The Department may by regulations make provisions as to the procedure to be followed in connection with the taking of, and the dealing with, samples under paragraph (3)(f).

(8) Where an inspector proposes to exercise the power conferred by paragraph (3)(g) in the case of an article or substance found on any premises, he shall, if so requested by a person who at the time is present on and has responsibilities in relation to those premises, cause anything which is to be done by virtue of that power to be done in the presence of that person.

(9) Before exercising the power conferred by paragraph (3)(g) in the case of any article or substance, an inspector shall consult–

(a) such persons having duties on the premises where the article or substance is to be dismantled or subjected to the process or test; and

(b) such other persons,

as appear to him appropriate for the purpose of ascertaining what dangers, if any, there may be in doing anything which he proposes to do under that power.

(10) No answer given by a person in pursuance of a requirement imposed under paragraph (3)(i) shall be admissible in evidence against that person in any proceedings.

(11) Nothing in this regulation shall be taken to compel the production by any person of a document of which he would on grounds of legal professional privilege be entitled to withhold production on an order for discovery in an action in the High Court.

(12) In this regulation and Schedule 8–

“emergency” means a case in which it appears to the inspector in question–

(a)

that there is an immediate risk of serious pollution; or

(b)

that circumstances exist which are likely to endanger life or health,

and that immediate entry to any premises is necessary to verify the existence of that risk or those circumstances or to ascertain the cause of that risk or those circumstances or to effect a remedy;

“pollution control statutory provisions” means–

(a)

the Environment (Northern Ireland) Order 2002 and regulations made thereunder;

(b)

the Control of Major Accident Hazards Regulations (Northern Ireland) 2000(26); and

(c)

regulations made under section 2(2) of the European Communities Act 1972(27)to the extent that the regulations relate to pollution;

“premises” includes any land, vehicle or vessel; and “vehicle” means any motor vehicle or trailer within the meaning of the Road Traffic (Northern Ireland) Order 1981(28).

(13) Schedule 8 shall have effect with respect to the powers of entry and related powers which are conferred by this regulation.

(14) This regulation and Schedule 8 apply (with appropriate modifications) in relation to mobile plant as they apply to premises.

(15) Nothing in section 98 of the Local Government Act (Northern Ireland) 1972 shall apply to functions conferred on a district council under these Regulations.

PART 4 APPEALS

Appeals from decisions with respect to permits

28.—(1) Subject to paragraph (3), the following persons, namely–

(a) a person who has been refused the grant of a permit under regulation 10;

(b) a person who has been refused the variation of the conditions of a permit on an application under regulation 17(2);

(c) a person who is aggrieved by the conditions attached to his permit following an application under regulation 10 or by a variation notice following an application under regulation 17(2);

(d) a person whose application under regulation 18(1) for an enforcing authority to effect the transfer of a permit has been refused or who is aggrieved by the conditions attached to his permit to take account of such a transfer;

(e) a person whose application under regulation 19(2) to surrender a permit has been refused, or who is aggrieved by the conditions attached to his permit to take account of the surrender;

(f) a person who is aggrieved by a determination by an enforcing authority that information is not commercially confidential under regulation 32(2) or (5),

may appeal against the decision of the enforcing authority to the Planning Appeals Commission.

(2) Subject to paragraph (3), a person on whom a variation notice is served, other than following an application under regulation 17(2) or on whom a revocation notice, an enforcement notice or a suspension notice is served may appeal against the notice to the Planning Appeals Commission.

(3) Paragraphs (1) and (2) shall not apply where the decision or notice, as the case may be, implements a direction of the Department given under regulations 12(15) or 37 or paragraph 14(13) of Schedule 4 or 6(13) of Schedule 7, or a determination of an appeal by the Planning Appeals Commission.

(4) Where an appeal is brought against the decision of an enforcing authority under paragraph (1), the Planning Appeals Commission may allow or dismiss the appeal or may reverse or vary any part of the decision, and any determination of the Planning Appeals Commission on the appeal shall have the like effect as a decision of the enforcing authority.

(5) On the determination of an appeal under paragraph (2) the Planning Appeals Commission may either quash or affirm the notice and, if it affirms it, may do so either in its original form or with such modifications as it may in the circumstances think fit.

(6) Where an appeal is brought under paragraph (2) against a revocation notice, the revocation shall not take effect pending the final determination or the withdrawal of the appeal.

(7) Where an appeal is brought under paragraph (1)(c), (d) or (e) in relation to the conditions attached to a permit, the bringing of the appeal shall not have the effect of suspending the operation of the conditions.

(8) Where an appeal is brought under paragraph (2) against a variation notice, an enforcement notice or a suspension notice, the bringing of the appeal shall not have the effect of suspending the operation of the notice.

(9) Regulations 11 and 12 shall apply where the Planning Appeals Commission, in exercising any of its powers under paragraphs (4) or (5), gives directions as to the conditions to be attached to a permit as they would apply to the enforcing authority when determining the conditions of the permit.

(10) Schedule 9 shall have effect in relation to the making and determination of appeals under this regulation.

PART 5 INFORMATION AND PUBLICITY

Information

29.—(1) For the purpose of the discharge of its functions under these Regulations, the Department may, by notice in writing served on an enforcing authority, require the enforcing authority to furnish such information about the discharge of its functions as an enforcing authority as it may require.

(2) For the purposes of the discharge of their functions under these Regulations, the Department or an enforcing authority may, by notice in writing served on any person, require that person to furnish such information as is specified in the notice, in such form and within such period following service of the notice or at such time as is so specified.

(3) For the purposes of this regulation, the discharge by the Department of an obligation of the United Kingdom under the Community Treaties or any international agreement relating to the environment shall be treated as a function of the Department under these Regulations and the compilation of an inventory of emissions (whether or not from installations or mobile plant) shall be treated as a function of the chief inspector under these Regulations.

(4) The information which a person may be required to furnish by a notice served under paragraph (2) includes information on emissions which, although it is not in the possession of that person or would not otherwise come into the possession of that person, is information which it is reasonable to require that person to compile for the purpose of complying with the notice.

Public registers of information

30.—(1) Subject to regulations 31 and 32 and to paragraphs 2 to 5 of Schedule 10 it shall be the duty of each enforcing authority, as respects installations or mobile plant for which it is the enforcing authority, to maintain a register containing the particulars described in paragraph 1 of that Schedule.

(2) Subject to paragraph (3), the register maintained by a district council shall also contain any particulars contained in any register maintained by the chief inspector relating to the operation of an installation or Part A mobile plant in the district of the district council in relation to which the chief inspector has functions under these Regulations.

(3) The chief inspector shall furnish each district council with the particulars which are necessary to enable it to discharge its duty under paragraph (2).

(4) Where information of any description is excluded from any register by virtue of regulation 32, a statement shall be entered in the register indicating the existence of information of that description.

(5) It shall be the duty of each enforcing authority–

(a) to secure that the registers maintained by them under this regulation are available, at all reasonable times, for inspection by the public free of charge; and

(b) to afford to members of the public facilities for obtaining copies of entries, on payment of reasonable charges.

(6) Registers under this regulation may be kept in any form.

Exclusion from registers of information affecting national security

31.—(1) No information shall be included in a register maintained under regulation 30 if and so long as, in the opinion of the Secretary of State, the inclusion in the register of that information, or information of that description, would be contrary to the interests of national security.

(2) The Secretary of State may, for the purpose of securing the exclusion from registers of information to which paragraph (1) applies, give to enforcing authorities directions–

(a) specifying information, or descriptions of information, to be excluded from their registers; or

(b) specifying descriptions of information to be referred to the Secretary of State for his determination,

and no information referred to the Secretary of State in pursuance of sub-paragraph (b) shall be included in any such register until the Secretary of State determines that it should be so included.

(3) The enforcing authority shall notify the Secretary of State of any information it excludes from the register in pursuance of directions under paragraph (2).

(4) A person may, as respects any information which appears to him to be information to which paragraph (1) may apply, give a notice to the Secretary of State specifying the information and indicating its apparent nature; and, if he does so–

(a) he shall notify the enforcing authority that he has done so; and

(b) no information so notified to the Secretary of State shall be included in any such register until the Secretary of State has determined that it should be so included.

Exclusion from registers of certain confidential information

32.—(1) No information relating to the affairs of any individual or business shall be included in a register maintained under regulation 30, without the consent of that individual or the person for the time being carrying on that business, if and so long as the information–

(a) is, in relation to him, commercially confidential; and

(b) is not required to be included in the register in pursuance of a direction under paragraph (7),

but information is not commercially confidential for the purposes of this regulation unless it is determined under this regulation to be so by the enforcing authority or, on appeal, by the Planning Appeals Commission.

(2) Where information is furnished to an enforcing authority for the purpose of these Regulations the person furnishing it may apply to the enforcing authority to have the information excluded from the register on the ground that it is commercially confidential (as regards himself or another person) and the enforcing authority shall determine whether the information is or is not commercially confidential.

(3) Notice of determination under paragraph (2) shall be given to the applicant in writing within the period of 28 days beginning with the date of the application or within such longer period as may be agreed with the applicant.

(4) If the enforcing authority fails to give notice of its determination of an application under paragraph (2) within the period allowed by or under paragraph (3), the enforcing authority shall, if the applicant notifies the enforcing authority in writing that he treats the failure as such, be deemed to have determined at the end of that period that the information is not commercially confidential.

(5) Where it appears to an enforcing authority that any information which has been obtained by the enforcing authority under or by virtue of any provision of these Regulations and which is required to be included in the register unless excluded under this regulation might be commercially confidential, the enforcing authority shall (unless the information is the subject of an application under paragraph (2))–

(a) give to the person to whom or to whose business it relates notice in writing that that information is required to be included in the register unless excluded under this regulation; and

(b) give that person a reasonable opportunity–

(i) of objecting to the inclusion of the information on the ground that it is commercially confidential; and

(ii) of making representations to the enforcing authority for the purpose of justifying any such objection,

and, if any representations are made, the enforcing authority shall, having taken the representations into account, give that person notice of its determination as to whether the information is or is not commercially confidential.

(6) Where, under paragraph (2) or (5), an enforcing authority determines that information is not commercially confidential–

(a) the information shall not be entered in the register until the end of the period of 21 days beginning with the date on which the determination is notified to the person concerned or the determination is deemed to have been made under paragraph (4), as the case may be;

(b) if that person before the end of that period appeals to the Planning Appeals Commission against the decision under regulation 28(1)(f), the information shall not be entered in the register until the end of the period of seven days following the day on which the appeal is finally determined or is withdrawn.

(7) The Department may give to the enforcing authority directions as to specified information, or descriptions of information, which the public interest requires to be included in registers maintained under regulation 30 notwithstanding that the information may be commercially confidential.

(8) Information excluded from a register shall be treated as ceasing to be commercially confidential for the purposes of this regulation at the expiry of the period of four years beginning with the date of the determination by virtue of which it was excluded or at the expiry of such shorter period as may be specified in the notice of that determination for the purpose of this paragraph; but the person who furnished it may apply to the enforcing authority for the information to remain excluded from the register on the ground that it is still commercially confidential and the enforcing authority shall determine whether or not that is the case.

(9) Paragraph (6) shall apply in relation to a determination under paragraph (8) as it applies in relation to a determination under paragraph (2) or (5).

(10) Information is, for the purposes of any determination under this regulation, commercially confidential, in relation to any individual or other person, if its being contained in the register would prejudice to an unreasonable degree the commercial interests of that individual or other person.

PART 6 PROVISION AS TO OFFENCES

Offences

33.—(1) It is an offence for a person–

(a) to contravene regulation 9(1);

(b) to fail to comply with or to contravene a condition of a permit;

(c) to fail to comply with regulation 16(1);

(d) to fail to comply with the requirements of an enforcement notice or a suspension notice;

(e) without reasonable excuse to fail to comply with any requirement imposed under regulation 27;

(f) without reasonable excuse–

(i) to fail or refuse to provide facilities or assistance or any information or to permit any inspection reasonably required by an inspector in the execution of his powers or duties under regulation 27; or

(ii) to prevent any other person from appearing before an inspector, or answering any questions to which an inspector may require an answer, pursuant to regulation 27(3);

(g) without reasonable excuse to fail to comply with any requirement imposed by a notice under regulation 29(2);

(h) to make a statement which he knows to be false or misleading in a material particular, or recklessly to make a statement which is false or misleading in a material particular, where the statement is made–

(i) in purported compliance with a requirement to furnish any information imposed by or under of these Regulations; or

(ii) for the purpose of obtaining the grant of a permit to himself or any other person, or the variation, transfer or surrender of a permit;

(i) intentionally to make a false entry in any record required to be kept under a condition of a permit;

(j) with intent to deceive, to forge or use a document issued or authorised to be issued under a condition of a permit or required for any purpose under a condition of a permit or to make or have in his possession a document so closely resembling any such document as to be likely to deceive;

(k) to fail to comply with an order made by a court under regulation 36;

(l) intentionally to obstruct an inspector in the exercise or performance of his powers or duties;

(m) falsely to pretend to be an inspector.

(2) A person guilty of an offence under sub-paragraph (a), (b), (d) or (k) of paragraph (1) shall be liable–

(a) on summary conviction, to a fine not exceeding £30,000 or to imprisonment for a term not exceeding six months or to both;

(b) on conviction on indictment, to a fine or to imprisonment for a term not exceeding five years or to both.

(3) A person guilty of an offence under sub-paragraph (c), (g), (h), (i) or (j) of paragraph (1) shall be liable–

(a) on summary conviction, to a fine not exceeding the statutory maximum;

(b) on conviction on indictment, to a fine or to imprisonment for a term not exceeding two years or to both.

(4) A person guilty of an offence under sub-paragraph (e), (f) or (m) of paragraph (1) shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.

(5) A person guilty of an offence under sub-paragraph (l) of paragraph (1) shall be liable–

(a) in the case of an offence of obstructing an inspector in the execution of his powers under regulation 26–

(i) on summary conviction, to a fine not exceeding the statutory maximum;

(ii) on conviction on indictment, to a fine or imprisonment for a term not exceeding two years, or to both;

(b) in any other case, on summary conviction, to a fine not exceeding level 5 on the standard scale.

(6) For the purposes of this regulation, section 20(2) of the Interpretation Act (Northern Ireland) 1954 applies with the omission of the words “the liability of whose members is limited”.

(7) Where the affairs of a body corporate are managed by its members, paragraph (6) shall apply in relation to the acts or defaults of a member in connection with his functions of management as if he were a director of the body corporate.

(8) Where the commission by any person of an offence under this regulation is due to the act or default of some other person, that other person may be charged with and convicted of the offence by virtue of this paragraph whether or not proceedings for the offence are taken against the first-mentioned person.

Enforcement by High Court

34.  If the enforcing authority is of the opinion that proceedings for an offence under regulation 33(1)(d) would afford an ineffectual remedy against a person who has failed to comply with the requirements of an enforcement notice or a suspension notice, the enforcing authority may take proceedings in the High Court for the purpose of securing compliance with the notice.

Admissibility of evidence

35.—(1) Information provided or obtained pursuant to or under a condition of a permit (including information so provided or obtained, or recorded, by means of any apparatus) shall be admissible in evidence in any proceedings, whether against the person subject to the condition or any other person.

(2) For the purposes of paragraph (1), apparatus shall be presumed in any proceedings to register or record accurately, unless the contrary is shown or the permit otherwise provides.

(3) Where–

(a) by virtue of a condition of a permit granted by an enforcing authority an entry is required to be made in any record as to the observance of any condition of the permit; and

(b) the entry has not been made,

that fact shall be admissible as evidence that that condition has not been observed.

(4) In this regulation–

“apparatus” includes any meter or other device for measuring, assessing, determining, recording or enabling to be recorded, the volume, temperature, radioactivity, rate, nature, origin, composition, or effect of any substance, flow, discharge, emission, deposit or abstraction;

“condition of a permit” includes any requirement to which a person is subject under or in consequence of a permit.

Power of court to order cause of offence to be remedied

36.—(1) Where a person is convicted of an offence under regulation 33(1)(a), (b) or (d) in respect of any matters which appear to the court to be matters which it is in his power to remedy, the court may, in addition to or instead of imposing any punishment, order him, within such time as may be fixed by the order, to take such steps as may be specified in the order for remedying those matters.

(2) The time fixed by an order under paragraph (1) may be extended or further extended by order of the court on an application made before the end of the time as originally fixed or extended under this paragraph, as the case may be.

(3) Where a person is ordered under paragraph (1) to remedy any matters, that person shall not be liable under regulation 33 in respect of those matters in so far as they continue during the time fixed by the order or any further time allowed under paragraph (2).

PART 7 THE DEPARTMENT'S POWERS

Directions to enforcing authorities

37.—(1) The Department may give directions to enforcing authorities of a general or specific character with respect to the carrying out of any of their functions under these Regulations.

(2) Without prejudice to the generality of the power conferred by paragraph (1), a direction under that paragraph may direct enforcing authorities–

(a) to exercise any of their powers under these Regulations or to do so in such circumstances as may be specified in the directions or in such manner as may be so specified; or

(b) not to exercise those powers, or not to do so in such circumstances or such manner as may be specified in the directions.

(3) Where the Department receives information pursuant to Article 17(1) of the Directive in relation to the operation of an installation outside of the United Kingdom which is likely to have a significant negative effect on the environment of Northern Ireland, it shall, for the purpose of complying with Article 17(2) of the Directive, direct the chief inspector to take such steps as it considers appropriate for the purpose of bringing the information to the attention of the persons in Northern Ireland likely to be affected by the operation of the installation and providing them with an opportunity to comment on that information.

(4) Any direction given under these Regulations shall be in writing and may be varied or revoked by a further direction.

(5) It shall be a duty of an enforcing authority to comply with any direction which is given to it under these Regulations.

Guidance to enforcing authorities

38.—(1) The Department may issue guidance to enforcing authorities with respect to the carrying out of any of their functions under these Regulations.

(2) An enforcing authority, in carrying out any of its functions under these Regulations, shall have regard to any guidance issued by the Department under this regulation.

Plans relating to emissions

39.—(1) The Department may make plans for–

(a) the setting of limits on the total amount, or the total amount in any period, of emissions from all or any description of source within Northern Ireland; or

(b) the allocation of quotas relating to such emissions.

(2) Where the Department allocates a quota in a plan made under paragraph (1) it may also make a scheme for the trading or other transfer of the quota so allocated.

(3) In this regulation, “emission” means the direct or indirect release of any substance from individual or diffuse sources into the air, water or land.

PART 8 MISCELLANEOUS AND SUPPLEMENTAL PROVISIONS

Disclosure of information

40.—(1) Notwithstanding any prohibition or restriction imposed by or under any statutory provision or rule of law, information of any description may be disclosed–

(a) by the Department to any enforcing authority; or

(b) by any enforcing authority to the Department or any other enforcing authority,

for the purpose of facilitating the carrying out by the Department or by any enforcing authority of any of their functions under these Regulations; and no person shall be subject to any civil or criminal liability in consequence of any disclosure made by virtue of this paragraph.

(2) Nothing in this regulation shall authorise the disclosure of information, disclosure of which would, in the opinion of the Secretary of State, be contrary to the interests of national security.

(3) No information disclosed to any person under this regulation shall be disclosed by that person to any other person otherwise than in accordance with the provisions of this regulation, or any other statutory provision which authorises or requires the disclosure, if that information is information–

(a) which relates to a trade secret of any person or which otherwise is or might be commercially confidential in relation to any person; or

(b) whose disclosure otherwise than under this regulation would, in the opinion of the Secretary of State, be contrary to the interests of national security.

(4) Any authorisation by or under this regulation of the disclosure of information by or to any person shall also be taken to authorise the disclosure of that information by or, as the case may be, to any officer of his who is authorised by him to make the disclosure or, as the case may be, to receive the information.

(5) Information is for the purposes of this regulation commercially confidential in relation to any person if its disclosure would prejudice to an unreasonable degree the commercial interests of that person.

Consequential amendments

41.  The statutory provisions mentioned in Schedule 11 shall have effect with the amendments there specified (being amendments consequential on provisions of these Regulations).

Sealed with the Official Seal of the Department of the Environment on 31st January 2003

L.S.

J Goldring

A Senior Officer of the

Department of the Environment

Regulation 2

SCHEDULE 1 ACTIVITIES, INSTALLATIONS AND MOBILE PLANT

PART 1 ACTIVITIES

CHAPTER 1 ENERGY INDUSTRIES

SECTION 1.1 COMBUSTION ACTIVITIES

Part A

(a) Burning any fuel in an appliance with a rated thermal input of 50 megawatts or more.

(b) Burning any of the following fuels in an appliance with a rated thermal input of 3 megawatts or more but less than 50 megawatts unless the activity is carried out as part of a Part B or Part C activity–

(i) waste oil;

(ii) recovered oil;

(iii) any fuel manufactured from, or comprising, any other waste.

Interpretation of Part A

For the purpose of paragraph (a), where two or more appliances with an aggregate rated thermal input of 50 megawatts or more are operated on the same site by the same operator those appliances shall be treated as a single appliance with a rated thermal input of 50 megawatts or more.

Part B

Nil.

Part C

Unless falling within paragraph (a) of Part A of this Section–

(a) Burning any fuel, other than a fuel mentioned in paragraph (b) of Part A of this Section, in a boiler or furnace or a gas turbine or compression ignition engine with, in the case of any of these appliances, a rated thermal input of 20 megawatts or more but less than 50 megawatts.

(b) Burning any of the following fuels in an appliance with a rated thermal input of less than 3 megawatts–

(i) waste oil;

(ii) recovered oil;

(iii) a solid fuel which has been manufactured from waste by an activity involving the application of heat.

(c) Burning fuel manufactured from or including waste, other than a fuel mentioned in paragraph (b) in any appliance–

(i) with a rated thermal input of less than 3 megawatts but at least 0.4 megawatts; or

(ii) which is used together with other appliances which each have a rated thermal input of less than 3 megawatts, where the aggregate rated thermal input of all the appliances is at least 0.4 megawatts.

Interpretation of Part C

1.  Nothing in this Part applies to any activity falling within Part A of Section 5.1.

2.  In paragraph (c), “fuel” does not include gas produced by biological degradation of waste.

Interpretation of Section 1.1

For the purpose of this Section–

“waste oil” means any mineral based lubricating or industrial oil which has become unfit for the use for which it was intended, such as used combustion engine oil, gearbox oil, mineral lubricating oil, oil for turbines and hydraulic oil;

“recovered oil” means waste oil which has been processed before being used.

SECTION 1.2 GASIFICATION, LIQUEFACTION AND REFINING ACTIVITIES

Part A

(a) Refining gas.

(b) Reforming natural gas.

(c) Operating coke ovens.

(d) Coal or lignite gasification.

(e) Producing gas from oil or other carbonaceous material or from mixtures thereof, other than from sewage, unless the production is carried out as part of an activity which is a combustion activity (whether or not that combustion activity is described in Section 1.1).

(f) Purifying or refining any product of any of the activities falling within paragraphs (a) to (e) or converting it into a different product.

(g) Refining mineral oils.

(h) The loading, unloading or other handling of, the storage of, or the physical, chemical or thermal treatment of–

(i) crude oil;

(ii) stabilised crude petroleum;

(iii) crude shale oil;

(iv) where related to another activity described in this paragraph, any associated gas or condensate;

(v) emulsified hydrocarbons intended for use as a fuel.

(i) The further refining, conversion or use (otherwise than as a fuel or solvent) of the product of any activity falling within paragraphs (g) or (h) in the manufacture of a chemical.

(j) Activities involving the pyrolysis, carbonisation, distillation, liquefaction, gasification, partial oxidation, or other heat treatment of coal (other than the drying of coal), lignite, oil, other carbonaceous material or mixtures thereof otherwise than with a view to making charcoal.

Interpretation of Part A

1.  Paragraph (j) does not include the use of any substance as a fuel or its incineration as a waste or any activity for the treatment of sewage.

2.  In paragraph (j), the heat treatment of oil, other than distillation, does not include the heat treatment of waste oil or waste emulsions containing oil in order to recover the oil from aqueous emulsions.

3.  In this Part, “carbonaceous material” includes such materials as charcoal, coke, peat, rubber and wood.

Part B

(a) Odorising natural gas or liquefied petroleum gas, except where that activity is related to a Part A activity.

(b) Blending odorant for use with natural gas or liquefied petroleum gas.

(c) The storage of petrol in stationary storage tanks at a terminal, or the loading or unloading of petrol into or from road tankers, rail tankers or inland waterway vessels at a terminal, where the total quantity of petrol loaded from the stationary storage tanks into road tankers, rail tankers or inland waterway vessels in any 12 month period is likely to be equal to or greater than 10,000 tonnes.

Part C

(a) The storage of petrol in stationary storage tanks at a terminal, or the loading or unloading of petrol into or from road tankers, rail tankers or inland waterway vessels at a terminal where the total quantity of petrol loaded from the stationary storage tanks into road tankers, rail tankers or inland waterway vessels in any 12 month period is likely to be less than 10,000 tonnes.

(b) The unloading of petrol into stationary storage tanks at a service station, if the total quantity of petrol unloaded into such tanks at the service station in any period of 12 months is likely to be 100m3 or more.

Interpretation of Part C

1.  In this Part–

“inland waterway vessel” means a vessel, other than a sea-going vessel, having a total dead weight of 15 tonnes or more;

“petrol” means any petroleum derivative (other than liquefied petroleum gas), with or without additives, having a Reid vapour pressure of 27.6 kilopascals or more which is intended for use as a fuel for motor vehicles;

“service station” means any premises where petrol is dispensed to motor vehicle fuel tanks from stationary storage tanks;

“terminal” means any premises which are used for the storage and loading of petrol into road tankers, rail tankers or inland waterway vessels.

2.  Any other expressions used in this Part which are also used in Directive 94/63/EC(29)on the control of volatile organic compound (VOC) emissions resulting from the storage of petrol and its distribution from terminals to service stations have the same meaning as in that Directive.

CHAPTER 2 PRODUCTION AND PROCESSING OF METALS

SECTION 2.1 FERROUS METALS

Part A

(a) Roasting or sintering metal ore, including sulphide ore, or any mixture of iron ore with or without other materials.

(b) Producing, melting or refining iron or steel or any ferrous alloy, including continuous casting, except where the only furnaces used are–

(i) electric arc furnaces with a designed holding capacity of less than 7 tonnes, or

(ii) cupola, crucible, reverbatory, rotary, induction or resistance furnaces.

(c) Processing ferrous metals and their alloys by using hot-rolling mills with a production capacity of more than 20 tonnes of crude steel per hour.

(d) Loading, unloading or otherwise handling or storing more than 500,000 tonnes in total in any period of 12 months of iron ore, except in the course of mining operations, or burnt pyrites.

(e) Producing pig iron or steel, including continuous casting, in a plant with a production capacity of more than 2.5 tonnes per hour unless falling within paragraph (b) of this Part of this Section.

(f) Operating hammers in a forge, the energy of which is more than 50 kilojoules per hammer, where the calorific power used is more than 20 megawatts.

(g) Applying protective fused metal coatings with an input of more than 2 tonnes of crude steel per hour.

(h) Casting ferrous metal at a foundry with a production capacity of more than 20 tonnes per day.

Part B

Casting iron, steel or any ferrous alloy from deliveries of 50 tonnes or more of molten metal, unless falling within Part A of this Section.

Part C

(a) Producing pig iron or steel, including continuous casting, in a plant with a production capacity of 2.5 tonnes or less per hour, unless falling within paragraph (b) of Part A of this Section.

(b) Producing, melting or refining iron or steel or any ferrous alloy (other than producing pig iron or steel, including continuous casting) using–

(i) one or more electric arc furnaces, none of which has a designed holding capacity of 7 tonnes or more; or

(ii) a cupola, crucible, reverberatory, rotary, induction or resistance furnace,

unless falling within paragraph (e) or (h) of Part A of this Section.

(c) Desulphurising iron, steel or any ferrous alloy.

(d) Heating iron, steel or any ferrous alloy (whether in a furnace or other appliance) to remove grease, oil or any other non-metallic contaminant (including such operations as the removal by heat of plastic or rubber covering from scrap cable) unless–

(i) it is carried out in one or more furnaces or other appliances the primary combustion chambers of which have in aggregate a rated thermal input of less than 0.2 megawatts;

(ii) it does not involve the removal by heat of plastic or rubber covering from scrap cable or of any asbestos contaminant; and

(iii) it is not related to any other activity falling within this Part of this Section.

Interpretation of Section 2.1

In this Section, “ferrous alloy” means an alloy of which iron is the largest constituent, or equal to the largest constituent, by weight, whether or not that alloy also has a non-ferrous metal content greater than any percentage specified in Section 2.2.

SECTION 2.2 NON-FERROUS METALS

Part A

(a) Producing non-ferrous metals from ore, concentrates or secondary raw materials by metallurgical, chemical or electrolytic activities.

(b) Melting, including making alloys, of non-ferrous metals, including recovered products (refining, foundry casting etc.) where the plant has a melting capacity of more than 4 tonnes per day for lead or cadmium or 20 tonnes per day for all other metals.

(c) Refining any non-ferrous metal or alloy, other than the electrolytic refining of copper, except where the activity is related to an activity described in paragraph (a) or (c) of Part B, or paragraph (c) of Part C of this Section.

(d) Producing, melting or recovering by chemicals means or by the use of heat, lead or any lead alloy, if–

(i) the activity may result in the release into the air of lead; and

(ii) in the case of lead alloy, the percentage by weight of lead in the alloy in molten form is more than 23 per cent if the alloy contains copper and 2 per cent in other cases.

(e) Recovering any of the following elements if the activity may result in their release into the air: gallium; indium; palladium; tellurium; thallium.

(f) Producing, melting or recovering (whether by chemical means or by electrolysis or by the use of heat) cadmium or mercury or any alloy containing more than 0.05 per cent by weight of either of those metals or, in aggregate, of both.

(g) Mining zinc or tin bearing ores where the activity may result in the release into water of cadmium or any compound of cadmium in a concentration which is greater than the background concentration.

(h) Manufacturing or repairing involving the use of beryllium or selenium or an alloy containing one or both of those metals if the activity may result in the release into the air of any of the substances listed in paragraph 12 of Part 2 to this Schedule; but an activity does not fall within this paragraph by reason of it involving an alloy that contains beryllium if that alloy in molten form contains less than 0.1 per cent by weight of beryllium and the activity falls within paragraph (a) or (c) of Part B of this Section.

(i) Pelletising, calcining, roasting or sintering any non-ferrous metal ore or any mixture of such ore and other materials.

Interpretation of Part A

In paragraph (g), “background concentration” means any concentration of cadmium or any compound of cadmium which would be present in the release irrespective of any effect the activity may have had on the composition of the release and, without prejudice to the generality of the foregoing, includes such concentration of those substances as is present in–

(i) water supplied to the site where the activity is carried out;

(ii) water abstracted for use in the activity; and

(iii) precipitation onto the site on which the activity is carried out.

Part B

(a) Melting, including making alloys, of non-ferrous metals (other than tin or any alloy which in molten form contains 50 per cent or more by weight of tin), including recovered products (refining, foundry casting, etc.) in plant with a melting capacity of 4 tonnes or less per day for lead or cadmium or 20 tonnes or less per day for all other metals and where the designed holding capacity of molten meal is 0.5 tonnes or more (together with any additional refining).

(b) Melting zinc or a zinc alloy in conjunction with a galvanising activity at a rate of 20 tonnes or less per day unless described in paragraph (g) of Part A of Section 2.1.

(c) Melting zinc, aluminium or magnesium or an alloy of one or more of these metals in conjunction with a die-casting activity at a rate of 20 tonnes or less per day.

Part C

(a) Melting, including making alloys, of non-ferrous metals (other than tin or any alloy which in molten form contains 50 per cent or more by weight of tin), including recovered products (refining, foundry casting, etc.) in plant with a melting capacity of 4 tonnes or less per day for lead or cadmium or 20 tonnes or less per day for all other metals and where the designed holding capacity of molten metal is less than 0.5 tonnes (together with any additional refining).

(b) The heating in a furnace or any other appliance of any non-ferrous metal or non-ferrous metal alloy for the purpose of removing grease, oil or any other non-metallic contaminant, including such operations as the removal by heat of plastic or rubber covering from scrap cable, if not related to another activity described in this Part of this Section; but an activity does not fall within this paragraph if–

(i) it involves the use of one or more furnaces or other appliances the primary combustion chambers of which have in aggregate a net rated thermal input of less than 0.2 megawatts; and

(ii) it does not involve the removal by heat of plastic or rubber covering from scrap cable or of any asbestos contaminant.

(c) Unless falling within Part A or B of this Section, the separation of copper, aluminium, magnesium or zinc from mixed scrap by differential melting.

Interpretation of Part C

In this Part “net rated thermal input” is the rate at which fuel can be burned at the maximum continuous rating of the appliance multiplied by the net calorific value of the fuel and expressed as megawatts thermal.

Interpretation of Section 2.2

1.  In this Section “non-ferrous metal alloy” means an alloy which is not a ferrous alloy, as defined in Section 2.1.

2.  Nothing in paragraphs (c) to (h) of Part A or in Part B or C of this Section shall be taken to refer to the activities of hand soldering, flow soldering or wave soldering.

SECTION 2.3 SURFACE TREATING METALS AND PLASTIC MATERIALS

Part A

(a) Surface treating metals and plastic materials using an electrolytic or chemical process where the aggregated volume of the treatment vats is more than 30m³.

Part B

(a) Any process for the surface treatment of metal which is likely to result in the release into air of any acid-forming oxide of nitrogen and which does not fall within Part A of this Section.

Part C

Nil

CHAPTER 3 MINERAL INDUSTRIES

SECTION 3.1 PRODUCTION OF CEMENT AND LIME

Part A

(a) Producing cement clinker or producing and grinding cement clinker.

(b) Producing lime–

(i) in kilns or other furnaces with a production capacity of more than 50 tonnes per day; or

(ii) where the activity is likely to involve in any period of 12 months of 5,000 tonnes or more of calcium carbonate or calcium magnesium carbonate or, in aggregate, of both.

(c) Grinding cement clinker not associated with production of cement clinker.

(d) Unless falling within Part A of Section 2.1 or 2.2, grinding metallurgical slag in plant with a grinding capacity of more than 250, 000 tonnes in any period of 12 months.

Part B

(a) Blending cement in bulk or using cement in bulk other than at a construction site, including the bagging of cement and cement mixtures, the batching of ready-mixed concrete and the manufacture of concrete blocks and other cement products where the activity is not related to an activity described in paragraph (a) of Part A of this Section and is carried on at the same location as an activity described in paragraph (a) of Part B of Section 3.5.

(b) Producing lime where the activity is not likely to involve the heating in any period of 12 months of 5,000 tonnes or more of calcium carbonate or calcium magnesium carbonate or, in aggregate, of both.

(c) Slaking lime for the purpose of making calcium hydroxide or calcium magnesium hydroxide when related to an activity described in paragraph (b) above.

Part C

(a) Storing, loading or unloading cement or cement clinker in bulk prior to further transportation in bulk.

(b) Blending cement in bulk or using cement in bulk other than at a construction site, including the bagging of cement and cement mixtures, the batching of ready-mixed concrete and the manufacture of concrete blocks and other cement products where the activity is not related to an activity described in paragraph (a) of Part A of this Section and is not described in paragraph (a) of Part B of this Section.

(c) Slaking lime for the purpose of making calcium hydroxide or calcium magnesium hydroxide unless related to an activity described in another Part of this Schedule.

SECTION 3.2 ACTIVITIES INVOLVING ASBESTOS

Part A

(a) Producing asbestos or manufacturing products based on or containing asbestos.

(b) Stripping asbestos from railway vehicles except–

(i) in the course of the repair or maintenance of the vehicle;

(ii) in the course of recovery operations following an accident; or

(iii) where the asbestos is permanently bonded in cement or in any other material (including plastic, rubber or resin).

(c) Destroying a railway vehicle by burning if asbestos has been incorporated in, or sprayed on to, its structure.

Part B

(a) The industrial finishing of any of the following products where not related to an activity falling within Part A of this Section–

• asbestos cement;

• asbestos cement products;

• asbestos fillers;

• asbestos filters;

• asbestos floor coverings;

• asbestos friction products;

• asbestos insulating board;

• asbestos jointing, packaging and reinforcement material;

• asbestos packing;

• asbestos paper or card;

• asbestos textiles.

Part C

Nil

Interpretation of Section 3.2

In this Section “asbestos” includes any of the following fibrous silicates: actinolite, amosite, anthophyllite, chrysotile, crocidolite and tremolite.

SECTION 3.3 MANUFACTURING GLASS AND GLASS FIBRE

Part A

(a) Manufacturing glass fibre.

(b) Manufacturing glass frit or enamel frit and its use in any activity where that activity is related to its manufacture and the aggregate quantity of such substances manufactured in any period of 12 months is likely to be 100 tonnes or more.

(c) Manufacturing glass, unless falling within the descriptions in paragraphs (a) or (b) above, where the melting capacity of the plant is more than 20 tonnes per day.

Part B

Unless falling within Part A of this Section–

(a) Manufacturing glass at any location where the person concerned has the capacity to make 5,000 tonnes or more of glass in any period of 12 months, and any activity involving the use of glass which is carried out at any such location in conjunction with its manufacture.

(b) Manufacturing glass where the use of lead or any lead compound is involved.

(c) Manufacturing any glass product where lead or any lead compound has been used in the manufacture of the glass except–

(i) making products from lead glass blanks; or

(ii) melting, or mixing with another substance, glass manufactured elsewhere to produce articles such as ornaments or road paint.

(d) Polishing or etching glass or glass products in the course of any manufacturing activity if–

(i) hydrofluoric acid is used; or

(ii) hydrogen fluoride may be released into the air.

(e) Manufacturing glass frit or enamel frit and its use in any activity where that activity is related to its manufacture.

Part C

Nil

SECTION 3.4 PRODUCTION OF OTHER MINERAL FIBRES

Part A

(a) Unless falling within Part A of Section 3.3, melting mineral substances in plant with a melting capacity of more than 20 tonnes per day.

(b) Unless falling within Part A of Section 3.3, producing any fibre from any mineral.

Part B

Nil.

Part C

Nil.

SECTION 3.5 OTHER MINERAL ACTIVITIES

Part A

(a) Manufacturing cellulose fibre reinforced calcium silicate board using unbleached pulp.

Part B

(a) Unless falling within Part A of any Section in this Schedule, the crushing, grinding or other size reduction, other than the cutting of stone, or the grading, screening or heating of any designated mineral or mineral product except where the operation of the activity is unlikely to result in the release into the air of particulate matter.

(b) Coating road stone with tar or bitumen.

(c) The fusion of calcined bauxite for the production of artificial corundum.

Part C

(a) Any of the following activities unless carried on at an exempt location–

(i) crushing, grinding or otherwise breaking up coal, coke or any other coal product;

(ii) screening, grading or mixing coal, coke or any other coal product;

(iii) loading or unloading petroleum coke, coal, coke or any other coal product except unloading on retail sale.

(b) The crushing, grinding or other size reduction, with machinery designed for that purpose, of bricks, tiles or concrete.

(c) Screening the product of any activity described in paragraph (b).

(d) Loading, unloading or storing pulverised fuel ash in bulk prior to further transportation in bulk.

Interpretation of Parts B and C

1.  In these Parts–

“coal” includes lignite;

“designated mineral or mineral product” means–

(i)

clay, sand and any other naturally occurring mineral other than coal or lignite;

(ii)

metallurgical slag;

(iii)

boiler or furnace ash produced from the burning of coal, coke or any other coal product;

(iv)

gypsum which is a by-product of any activity;

“exempt location” means–

(i)

any premises used for the sale of petroleum coke, coal, coke or any coal product where the throughput of such substances at those premises in any period of 12 months is in aggregate likely to be less than 10,000 tonnes; or

(ii)

any premises to which petroleum coke, coal, coke or any coal product is supplied only for use there;

“retail sale” means sale to the final customer.

2.  Nothing in this Part applies to any activity carried out underground.

SECTION 3.6 CERAMIC PRODUCTION

Part A

Manufacturing ceramic products (including roofing tiles, bricks, refractory bricks, tiles, stoneware or porcelain) by firing in kilns, where–

(i) the kiln production capacity is more than 75 tonnes per day; or

(ii) the kiln capacity is more than 4m³ and the setting density is more than 300 kg/m³.

Part B

(a) Unless falling within Part A of this Section, firing heavy clay goods or refractory materials (other than heavy clay goods) in a kiln where a reducing atmosphere is essential or with a production capacity exceeding 50 tonnes per day.

(b) Vapour glazing earthenware or clay with salts.

Part C

(a) Unless falling within Part A or Part B of this Section, firing heavy clay goods or refractory materials (other than heavy clay goods) in a kiln.

Interpretation of Parts B and C

In these Parts–

“clay” includes a blend of clay with ash, sand or other materials;

“refractory material” means material (such as fireclay, silica, magnesite, chrome-magnesite, sillimanite, sintered alumina, beryllia and boron nitride) which is able to withstand high temperatures and to function as a furnace lining or in other similar high temperature applications.

CHAPTER 4 THE CHEMICAL INDUSTRY

Interpretation of Chapter 4

In Part A of the Sections of this Chapter, “producing” means producing in a chemical plant by chemical processing for commercial purposes substances or groups of substances listed in the relevant sections.

SECTION 4.1 ORGANIC CHEMICALS

Part A

(a) Producing organic chemicals such as–

(i) hydrocarbons (linear or cyclic, saturated or unsaturated, aliphatic or aromatic);

(ii) organic compounds containing oxygen, such as alcohols, aldehydes, ketones, carboxylic acids, esters, ethers, peroxides, phenols, epoxy resins;

(iii) organic compounds containing sulphur, such as sulphides, mercaptans, sulphonic acids, sulphonates, sulphates and sulphones and sulphur heterocyclics;

(iv) organic compounds containing nitrogen, such as amines, amides, nitrous-, nitro- or azo-compounds, nitrates, nitriles, nitrogen heterocyclics, cyanates, isocyanates, di-isocyanates and di-isocyanate prepolymers;

(v) organic compounds containing phosphorus, such as substituted phosphines and phosphate esters;

(vi) organic compounds containing halogens, such as halocarbons, halogenated aromatic compounds and acid halides;

(vii) organometallic compounds, such as lead alkyls, Grignard reagents and lithium alkyls;

(viii) plastic materials, such as polymers, synthetic fibres and cellulose-based fibres;

(ix) synthetic rubbers;

(x) dyes and pigments;

(xi) surface-active agents

(b) Producing any other organic compounds not described in paragraph (a).

(c) Polymerising or co-polymerising any unsaturated hydrocarbon or vinyl chloride (other than a pre-formulated resin or pre-formulated gel coat which contains any unsaturated hydrocarbon) which is likely to involve, in any period of 12 months, the polymerisation or co-polymerisation of 50 tonnes or more of any of those materials or, in aggregate, of any combination of those materials.

(d) Any activity involving the use in any period of 12 months of one tonne or more of toluene di-isocyanate or other di-isocyanate of comparable volatility or, where partly polymerised, the use of partly polymerised di-isocyanates or prepolymers containing one tonne or more of those monomers, if the activity may result in a release into the air which contains such a di-isocyanate monomer.

(e) The flame bonding of polyurethane foams or polyurethane elastomers.

(f) Recovering–

(i) carbon disulphide;

(ii) pyridine or any substituted pyridine.

(g) Recovering or purifying acrylic acid, substituted acrylic acid or any ester of acrylic acid or of substituted acrylic acid.

Part B

(a) Unless falling within Part A of this Section, any activity involving in any period of 12 months–

(i) the use of less than 1 tonne of toluene di-isocyanate or other di-isocyanate of comparable volatility or, where partially polymerised, the use of partly polymerised di-isocyanates or prepolymers containing less than 1 tonne of those monomers; or

(ii) the use of 5 tonnes or more of diphenyl methane di-isocyanate or other di-isocyanate of much lower volatility than toluene di-isocyanate or, where partly polymerised, the use of partly polymerised di-isocyanates or prepolymers containing 5 tonnes or more of these less volatile monomers;

where the activity may result in a release into the air which contains such a di-isocyanate monomer.

(b) Cutting polyurethane foams or polyurethane elastomers with heated wires.

(c) Any activity for the polymerisation or co-polymerisation of any pre-formulated resin or pre-formulated gel coat which contains any unsaturated hydrocarbon, where the activity is likely to involve, in any period of 12 months, the polymerisation or co-polymerisation of 100 tonnes or more of unsaturated hydrocarbon.

Part C

Nil

Interpretation of Section 4.1

In this Section, “pre-formulated resin or pre-formulated gel coat” means any resin or gel coat which has been formulated before being introduced into polymerisation or co-polymerisation activity, whether or not the resin or gel coat contains a colour pigment, activator or catalyst.

SECTION 4.2 INORGANIC CHEMICALS

Part A

(a) Producing inorganic chemicals such as–

(i) gases, such as ammonia, hydrogen chloride, hydrogen fluoride, hydrogen cyanide, hydrogen sulphide, oxides of carbon, sulphur compounds, oxides of nitrogen, hydrogen, oxides of sulphur, phosgene;

(ii) acids, such as chromic acid, hydrofluoric acid, hydrochloric acid, hydrobromic acid, hydroiodic acid, phosphoric acid, nitric acid, sulphuric acid, oleum and chlorosulphonic acid;

(iii) bases, such as ammonium hydroxide, potassium hydroxide, sodium hydroxide;

(iv) salts, such as ammonium chloride, potassium chlorate, potassium carbonate, sodium carbonate, perborate, silver nitrate, cupric acetate, ammonium phosphomolybdate;

(v) non-metals, metal oxides, metal carbonyls or other inorganic compounds such as calcium carbide, silicon, silicon carbide, titanium dioxide;

(vi) halogens or interhalogen compound comprising two or more of halogens, or any compound comprising one or more of those halogens and oxygen.

(b) Unless falling within another Section of this Schedule, any manufacturing activity which uses, or which is likely to result in the release into the air or into water of, any halogens, hydrogen halides or any of the compounds mentioned in paragraph (a)(vi), other than the treatment of water by chlorine.

(c) Unless falling within another Section of this Schedule, any manufacturing activity involving the use of hydrogen cyanide or hydrogen sulphide.

(d) Unless falling within another Section of this Schedule, any manufacturing activity, other than the application of a glaze or vitreous enamel, involving the use of any of the following elements or compound of those elements or the recovery of any compound of the following elements–

• antimony;

• arsenic;

• beryllium;

• gallium;

• indium;

• lead;

• palladium;

• platinum;

• selenium;

• tellurium;

• thallium,

where the activity may result in the release into the air of any of those elements or compounds or the release into water of any substance listed in paragraph 13 of Part 2 of this Schedule.

(e) Recovering any compound of cadmium or mercury.

(f) Unless falling within another Section of this Schedule, any manufacturing activity involving the use of mercury or cadmium or any compound of either element or which may result in the release into air of either of those elements or their compounds.

(g) Unless carried out as part of any other activity falling within this Schedule–

(i) recovering, concentrating or distilling sulphuric acid or oleum;

(ii) recovering nitric acid;

(iii) purifying phosphoric acid.

(h) Any manufacturing activity (other than the manufacture of chemicals or glass or the coating, plating or surface treatment of metal) which–

(i) involves the use of hydrogen fluoride, hydrogen chloride, hydrogen bromide or hydrogen iodide or any of their acids; and

(ii) may result in the release of any of those compounds into the air.

(i) Unless carried out as part of any other activity falling within this Schedule, recovering ammonia.

(j) Extracting any magnesium compound from sea water.

Part B

Nil.

Part C

Nil.

SECTION 4.3 CHEMICAL FERTILISER PRODUCTION

Part A

(a) Producing (including any blending which is related to their production) phosphorus, nitrogen or potassium based fertilisers (simple or compound fertilisers).

(b) Converting chemical fertilisers into granules.

Part B

Nil.

Part C

Nil.

SECTION 4.4 PLANT HEALTH PRODUCTS AND BIOCIDES

Part A

(a) Producing plant health products or biocides.

(b) Formulating such products if this may result in the release into water of any substance listed in paragraph 13 of Part 2 of this Schedule in a quantity which, in any period of 12 months, is greater than the background quantity by more than the amount specified in that paragraph for that substance.

Part B

Nil.

Part C

Nil.

SECTION 4.5 PHARMACEUTICAL PRODUCTION

Part A

(a) Producing pharmaceutical products using a chemical or biological process.

(b) Formulating such products if this may result in the release into water of any substance listed in paragraph 13 of Part 2 of this Schedule in a quantity which, in any period of 12 months, is greater than the background quantity by more than the amount specified in that paragraph for that substance.

Part B

Nil.

Part C

Nil.

SECTION 4.6 EXPLOSIVES PRODUCTION

Part A

(a) Producing explosives.

Part B

Nil.

Part C

Nil.

SECTION 4.7 MANUFACTURING ACTIVITIES INVOLVING CARBON DISULPHIDE OR AMMONIA

Part A

(a) Any manufacturing activity which may result in the release of carbon disulphide into the air.

(b) Any activity for the manufacture of a chemical which involves the use of ammonia or may result in the release of ammonia into the air other than an activity in which ammonia is only used as a refrigerant.

Part B

Nil.

Part C

Nil.

SECTION 4.8 THE STORAGE OF CHEMICALS IN BULK

Part A

Nil.

Part B

(a) The storage in tanks, other than in tanks for the time being forming part of a powered vehicle, of any of the substances listed below except where the total storage capacity of the tanks installed at the location in question in which the relevant substance may be stored is less than the figure specified below in relation to that substance–

any one or more acrylates	20 tonnes (in aggregate)
acrylonitrile	20 tonnes
anhydrous ammonia	100 tonnes
anhydrous hydrogen fluoride	1 tonne
toluene di-isocyanate	20 tonnes
vinyl chloride monomer	20 tonnes
ethylene	8,000 tonnes.

Part C

Nil

CHAPTER 5 WASTE MANAGEMENT

SECTION 5.1 DISPOSAL OF WASTE BY INCINERATION

Part A

(a) The incineration of any waste chemical or waste plastic arising from the manufacture of a chemical or the manufacture of a plastic.

(b) The incineration, other than incidentally in the course of burning other waste, of any waste chemical being, or comprising in elemental or compound form, any of the following–

• bromine;

• cadmium;

• chlorine;

• fluorine;

• iodine;

• lead;

• mercury;

• nitrogen;

• phosphorus;

• sulphur;

• zinc.

(c) Unless falling within Part B or C of this Section, the incineration of (any other) hazardous waste in an incineration plant other than of specified hazardous waste in an exempt incineration plant.

(d) The incineration of municipal waste in an incineration plant with a capacity of more than 3 tonnes per hour.

(e) The incineration of animal remains, or waste products from rendering animal remains in an incineration plant with a capacity of 1 tonne or more per hour.

(f) The incineration of any waste, otherwise than as part of a Part B or Part C activity, in an incineration plant with a capacity of 1 tonne or more per hour.

(g) The cleaning for reuse of metal containers used for the transport or storage of a chemical by burning out their residual content.

Part B

(a) The incineration of waste, in an incineration plant which is authorised for incineration of radioactive waste under section 13 of the Radioactive Substances Act 1993(30).

(b) Unless falling within Part A of this Section, the incineration of clinical waste, municipal waste sewage sludge, sewage screenings, or any mixture thereof, in an incineration plant.

Part C

(a) The incineration of specified hazardous waste in an incineration plant with a capacity of 10 tonnes or less per day and less than 1 tonne per hour, unless described in Part A or Part B of this Section or the plant is an exempt incineration plant.

(b) Unless falling within Part B of this Section, the incineration of any non hazardous waste in an incineration plant, other than an exempt incineration plant, with a capacity of less than 1 tonne per hour.

(c) The cremation of human remains.

Interpretation of Section 5.1

In this Section–

“clinical waste”, means waste (other than waste consisting wholly of animal remains) which falls within the definition of such waste in regulation 2(1) of the Waste Collection and Disposal Regulations (Northern Ireland) 1992(31) or would fall within that paragraph but for regulation 2(3) of those regulations;

“exempt incineration plant” means any incineration plant on premises where there is plant designed to incinerate waste, including animal remains, at a rate of 50 kilogrammes or less per hour, not being an incineration plant employed to incinerate clinical waste, sewage sludge, sewage screenings or municipal waste; and for the purposes of this definition, the weight of waste shall be determined by reference to its weight as fed into the incineration plant;

“hazardous waste” means waste as defined in Article 1(4) of Council Directive 91/689/EEC on hazardous waste(32);

“incineration” includes pyrolysis;

“incineration of hazardous waste in an incineration plant” means the incineration by oxidation of hazardous wastes, with or without recovery of the combustion heat generated, including pre-treatment and thermal treatment processes, for example, plasma process, in so far as their products are subsequently incinerated, and includes the incineration of such wastes as regular or additional fuel for any industrial process;

“municipal waste” means municipal waste as defined in Council Directives 89/369/EEC(33) and 89/429/EEC(34);

“specified hazardous waste” means–

(a)

combustible liquid wastes, including waste oils as defined in Article 1 of Council Directive 75/439/EEC(35) on the disposal of waste oil, provided that they meet the following three criteria–

(i)

the mass content of polychlorinated aromatic hydrocarbons, for example, polychlorinated biphenyls or pentachlorinated phenol, amounts to concentrations not higher than those set out in the relevant Community legislation(36);

(ii)

these wastes are not rendered hazardous by virtue of containing other constituents listed in Annex II to Council Directive 91/689/EEC on hazardous waste in quantities or in concentrations which are inconsistent with the achievement of the objectives set out in Article 4 of Council Directive 75/442/EEC on waste(37); and

(iii)

the net calorific value amounts to 30 MJ or more per kilogramme;

(b)

combustible liquid wastes which cannot cause, in the flue gas directly resulting from their combustion, emissions other than those from gas oil, as defined in Article 1(1) of Council Directive 75/716/EEC(38) on the approximation of the laws of Member States relating to the sulphur content of certain liquid fuels or a higher concentration of emissions than those resulting from the combustion of gas oil as so defined;

(c)

sewage sludges from the treatment of municipal waste waters which are not rendered hazardous by virtue of containing constituents listed in Annex II to Council Directive 91/689/EEC on hazardous waste in quantities or in concentrations which are inconsistent with the achievement of the objectives set out in Article 4 of Council Directive 75/442/EEC on waste; and

(d)

infectious clinical waste, provided that such waste is not rendered hazardous as a result of the presence of constituents listed in Annex II to Council Directive 91/689/EEC on hazardous waste other than constituent C35 in that list (infectious substances).

SECTION 5.2 DISPOSAL OF WASTE BY LANDFILL

Part A

(a) The disposal of waste in a landfill receiving more than 10 tonnes of waste in any day or with a total capacity of more than 25,000 tonnes, excluding disposals in landfills taking only inert waste.

Part B

Nil

Part C

Nil

SECTION 5.3 DISPOSAL OF WASTE OTHER THAN BY INCINERATION OR LANDFILL

Part A

(a) The disposal of hazardous waste (other than by incineration or landfill) in a facility with a capacity of more than 10 tonnes per day.

(b) The disposal of waste oils (other than by incineration or landfill) in a facility with a capacity of more than 10 tonnes per day.

(c) Disposal of non-hazardous waste in a facility with a capacity of more than 50 tonnes per day by–

(i) biological treatment, not being treatment specified in any paragraph other than paragraph D8 of Annex IIA to Council Directive 75/442/EEC, which results in final compounds or mixtures which are discarded by means of any of the operations numbered D1 to D12 in that Annex (D8); or

(ii) physico-chemical treatment, not being treatment specified in any paragraph other than paragraph D9 in Annex IIA to Council Directive 75/442/EEC, which results in final compounds or mixtures which are discarded by means of any of the operations numbered D1 to D12 in that Annex (for example, evaporation, drying, calcination, etc.) (D9).

Interpretation of Part A

1.  In this Part–

“disposal” in paragraph (a) means any of the operations described in Annex IIA to Council Directive 75/442/EEC on waste;

“hazardous waste” means waste as defined in Article 1(4) of Council Directive 91/689/EEC.

2.  Paragraph (b) shall be interpreted in accordance with Article 1 of Council Directive 75/439/EEC.

3.  Nothing in this Part applies to the treatment of waste soil by means of mobile plant.

4.  The reference to a D paragraph number in brackets at the end of paragraphs (c)(i) and (ii) is to the number of the corresponding paragraph in Annex IIA to Council Directive 75/442/EEC on waste (disposal operations).

Part B

Nil.

Part C

Nil.

SECTION 5.4 RECOVERY OF WASTE

Part A

(a) Recovering by distillation of any oil or organic solvent.

(b) Cleaning or regenerating carbon, charcoal or ion exchange resins by removing matter which is, or includes, any substance listed in paragraphs 12 to 14 of Part 2 of this Schedule.

(c) Unless carried out as part of any other Part A activity, recovering hazardous waste in plant with a capacity of more than 10 tonnes per day by means of the following operations–

(i) the use principally as a fuel or other means to generate energy (R1);

(ii) solvent reclamation/regeneration (R2);

(iii) recycling/reclamation of inorganic materials other than metals and metal compounds (R5);

(iv) regeneration of acids or bases (R6);

(v) recovering components used for pollution abatement (R7);

(vi) recovery of components from catalysts (R8);

(vii) oil re-refining or other reuses of oil (R9).

Interpretation of Part A

1.  Nothing in paragraphs (a) and (b) of this Part applies to–

(a) distilling oil for the production or cleaning of vacuum pump oil; or

(b) an activity which is ancillary to and related to another activity, whether described in this Schedule or not, which involves the production or use of the substance which is recovered, cleaned or regenerated,

except where the activity involves distilling more than 100 tonnes per day.

2.  Nothing in this Part applies to the treatment of waste soil by means of mobile plant.

3.  The reference to a R paragraph number in brackets at the end of paragraphs (c)(i) to (vii) is to the number of the corresponding paragraph in Annex IIB of Council Directive 75/442/EEC on waste (recovery operations).

Part B

Nil.

Part C

Nil.

SECTION 5.5 THE PRODUCTION OF FUEL FROM WASTE

Part A

(a) Making solid fuel (other than charcoal) from waste by any process involving the use of heat.

Part B

Nil.

Part C

Nil.

CHAPTER 6 OTHER ACTIVITIES

SECTION 6.1 PAPER, PULP AND BOARD MANUFACTURING ACTIVITIES

Part A

(a) Producing in industrial plant pulp from timber or other fibrous materials.

(b) Producing in industrial plant paper and board where the plant has a production capacity of more than 20 tonnes per day.

(c) Any activity associated with making paper pulp or paper, including activities connected with the recycling of paper such as de-inking, if the activity may result in the release into water of any substance listed in paragraph 13 of Part 2 of this Schedule in a quantity which, in any period of 12 months, is greater than the background quantity by more than the amount specified in that paragraph in relation to that substance.

(d) Manufacturing wood particleboard, oriented strand board, wood fibreboard, plywood, cement-bonded particleboard or any other composite wood-based board.

Interpretation of Part A

In paragraph (c), “paper pulp” includes pulp made from wood, grass, straw and similar materials and references to the making of paper are to the making of any product using paper pulp.

Part B

Nil.

Part C

Nil.

SECTION 6.2 CARBON ACTIVITIES

Part A

(a) Producing carbon or hard-burnt coal or electro graphite by means of incineration or graphitisation.

Part B

Nil.

Part C

Nil.

SECTION 6.3 TAR AND BITUMEN ACTIVITIES

Part A

(a) The following activities–

(i) distilling tar or bitumen in connection with any process of manufacture; or

(ii) heating tar or bitumen for the manufacture of electrodes or carbon-based refractory materials,

where the carrying out of the activity by the person concerned at the location in question is likely to involve the use in any period of 12 months of 5 tonnes or more of tar or of bitumen or, in aggregate, of both.

Part B

(a) Any activity not falling within Part A of this Section or of Section 6.2 involving–

(i) heating, but not distilling, tar or bitumen in connection with any manufacturing activity; or

(ii) oxidising bitumen by blowing air through it, at plant where no other activities described in any Section in this Schedule are carried out,

where the carrying out of the activity is likely to involve the use in any period of 12 months of 5 tonnes or more of tar or of bitumen or, in aggregate, of both.

Interpretation of Part B

In this Part “tar” and “bitumen” include pitch.

Part C

Nil

SECTION 6.4 COATING ACTIVITIES, PRINTING AND TEXTILE TREATMENTS

Part A

(a) Applying or removing a coating material containing any tributyltin compound or triphenyltin compound, if carried out at a shipyard or boatyard where vessels of a length of 25 metres or more can be built, maintained or repaired.

(b) Pre-treating (by operations such as washing, bleaching or mercerization) or dyeing fibres or textiles in plant with a treatment capacity of more than 10 tonnes per day.

(c) Treating textiles if the activity may result in the release into water of any substance listed in paragraph 13 of Part 2 of this Schedule in a quantity which, in any period of 12 months, is greater than the background quantity by more than the amount specified in that paragraph in relation to that substance.

(d) Surface treating substances, objects or products using organic solvents, in particular for dressing, printing, coating, degreasing, waterproofing, sizing, painting, cleaning or impregnating, in plant with a consumption capacity of more than 150 kg per hour or more than 200 tonnes per year.

Part B

Unless falling within Part A of this Section or paragraph (g) of Part A of Section 2.1, any activity (other than for the repainting or re-spraying of or of parts of road vehicles), involving–

(a) The repainting or respraying of or of parts of aircraft or railway vehicles; or

(b) The application to a substrate of, or the drying or curing after such applications of, printing ink or paint or any other coating material as, or in the course of, a manufacturing activity;

where the carrying on of the activity may result in the release into the air of particulate matter or of any volatile organic compound and is likely to involve the use in any period of 12 months of–

(i) 400 tonnes or more of printing ink, paint or other coating material which is applied in solid form;

(ii) 400 tonnes or more of any metal coating which is sprayed on in molten form;

Part C

(a) Unless falling within Part A or Part B of this Section or paragraph (g) of Part A of Section 2.1, any process (other than for the repainting or re-spraying of or of parts of aircraft or road or railway vehicles) for applying to a substrate, or drying or curing after such application, printing ink or paint or any other coating material as, or in the course of, a manufacturing activity, where the process may result in the release into the air of particulate matter or of any volatile organic compound and is likely to involve the use in any period of 12 months of–

(i) 20 tonnes or more of printing ink, paint or other coating material which is applied in solid form;

(ii) 20 tonnes or more of any metal coating which is sprayed on in molten form;

(iii) 25 tonnes or more of organic solvents in respect of any cold set web offset printing activity or any sheet fed offset litho printing activity;

(iv) 5 tonnes or more of organic solvents in respect of any activity not mentioned in sub-paragraph (iii).

(b) Unless falling within Part A of this Section, repainting or re-spraying road vehicles or parts of them if the activity may result in the release into the air of particulate matter or of any volatile organic compound and the carrying on of the activity is likely to involve the use of 1 tonne or more of organic solvents in any period of 12 months.

(c) Repainting or re-spraying aircraft or railway vehicles or parts of them if the activity may result in the release into the air of particulate matter or of any volatile organic compound and the carrying out of the activity is likely to involve the use in any period of 12 months of–

(i) 20 tonnes or more of any paint or other coating material which is applied in solid form;

(ii) 20 tonnes or more of any metal coatings which are sprayed on in molten form; or

(iii) 5 tonnes or more of organic solvents.

Interpretation of Parts B and C

1.  In this Part–

“aircraft” includes gliders and missiles;

“coating material” means paint, printing ink, varnish, lacquer, dye, any metal oxide coating, any adhesive coating, any elastomer coating, any metal or plastic coating and any other coating material.

2.  The amount of organic solvents used in an activity shall be calculated as–

(a) the total input of organic solvents into the process, including both solvents contained in coating materials and solvents used for cleaning or other purposes; less

(b) any organic solvents that are removed from the process for re-use or for recovery for re-use.

SECTION 6.5 THE MANUFACTURE OF DYESTUFFS, PRINTING INK AND COATING MATERIALS

Part A

Nil.

Part B

(a) Unless falling within Part A of any Section in this Schedule–

(i) manufacturing or formulating printing ink or any other coating material containing, or involving the use of, an organic solvent, where the carrying out of the activity is likely to involve the use of 200 tonnes or more of organic solvents in any period of 12 months;

(ii) manufacturing any powder for use as a coating material where there is the capacity to produce 400 tonnes or more of such powder in any period of 12 months.

Part C

(a) Unless falling within Part A or Part B of any Section in this Schedule–

(i) manufacturing or formulating printing ink or any other coating material containing, or involving the use of, an organic solvent, where the carrying out of the activity is likely to involve the use of 100 tonnes or more, but less than 200 tonnes of organic solvents in any period of 12 months;

(ii) manufacturing any powder for use as a coating material where there is the capacity to produce 200 tonnes or more, but less than 400 tonnes of such powder in any period of 12 months.

Interpretation of Parts B and C

1.  In this Part, “coating material” has the same meaning as in Section 6.4.

2.  The amount of organic solvents used in an activity shall be calculated as–

(i) the total input of organic solvents into the process, including both solvents contained in coating materials and solvents for cleaning or other purposes; less

(ii) any organic solvents, not contained in coating materials, that are removed from the process for re-use or for recovery for re-use.

SECTION 6.6 TIMBER ACTIVITIES

Part A

(a) Curing, or chemically treating, as part of a manufacturing process, timber or products wholly or mainly made of wood if any substance listed in paragraph 13 of Part 2 of this Schedule is used.

Part B

Nil.

Part C

(a) Unless falling within Part A of Section 6.1, manufacturing products wholly or mainly of wood at any works if the activity involves the sawing, drilling, shaping, turning, planing, curing or chemical treatment of wood (“relevant activities”) and the throughput of the works in any period of 12 months is likely to be more than–

(i) 10,000 cubic metres, in the case of works at which wood is sawed but at which wood is not subjected to any other relevant activities or is subjected only to relevant activities which are exempt activities; or

(ii) 1,000 cubic metres in any other case.

Interpretation of Part C

In this Part–

“relevant activities” other than sawing are “exempt activities” where, if no sawing were carried out at the works, the activities carried out there would be unlikely to result in the release into the air of any substances listed in paragraph 12 of Part 2 of this Schedule in a quantity which is capable of causing significant harm;

“throughput” shall be calculated by reference to the amount of wood which is subjected to any of the relevant activities, but where, at the same works, wood is subject to two or more relevant activities, no account shall be taken of the second or any subsequent activity;

“wood” includes any product consisting wholly or mainly of wood; and

“works” includes a sawmill or any other premises on which relevant activities are carried out on wood.

SECTION 6.7 ACTIVITIES INVOLVING RUBBER

Part A

(a) Manufacturing new tyres (but not remoulds or retreads) if this involves the use in any period of 12 months of 50,000 tonnes or more of one or more of the following–

(i) natural rubber;

(ii) synthetic organic elastomers;

(iii) other substances mixed with them.

Part B

The curing of foam rubber products where hydrogen sulphide is released.

Part C

(a) Unless falling within Part A or B of any Section in this Schedule, the mixing, milling or blending of–

(i) natural rubber; or

(ii) synthetic organic elastomers,

if carbon black is used.

(b) Any activity which converts the product of an activity falling within paragraph (a) into a finished product if related to an activity falling within that paragraph.

SECTION 6.8 THE TREATMENT OF ANIMAL AND VEGETABLE MATTER AND FOOD INDUSTRIES

Part A

(a) Tanning hides and skins at plant with a treatment capacity of more than 12 tonnes of finished products per day.

(b) Slaughtering animals at plant with a carcass production capacity of more than 50 tonnes per day.

(c) Disposing of or recycling animal carcasses or animal waste at plant with a treatment capacity exceeding 10 tonnes per day of animal carcasses or animal waste or, in aggregate, of both.

(d) Treating and processing materials intended for the production of food products from–

(i) animal raw materials (other than milk) at plant with a finished product production capacity of more than 75 tonnes per day;

(ii) vegetable raw materials at plant with a finished product production capacity of more than 300 tonnes per day (average value on a quarterly basis).

(e) Treating and processing milk, the quantity of milk received being more than 200 tonnes per day (average value on an annual basis).

(f) Processing, storing or drying by the application of heat of the whole or part of any dead animal or any vegetable matter (other than the treatment of effluent so as to permit its discharge into waterways, underground strata or into a sewer unless the treatment involves the drying of any material with a view to its use as animal feedstuff) if–

(i) the processing, storing or drying does not fall within another Section of this Schedule or paragraph (c) of this Part of this Section and is not an exempt activity; and

(ii) it may result in the release into water of any substance listed in paragraph 13 of Part 2 of this Schedule in a quantity which, in any period of 12 months, is greater than the background quantity by more than the amount specified in relation to the substance in that paragraph.

Part B

Unless falling within Part A of this Section, treating feathers by hydrolysis where hydrogen sulphide or other sulphur containing compounds may be released into the air.

Part C

(a) Processing, storing or drying by the application of heat of the whole or part of any dead animal or any vegetable matter (other than the treatment of effluent so as to permit its discharge into waterways, underground strata or into a sewer unless the treatment involves the drying of any material with a view to its use as animal feedstuff) if–

(i) the processing, storing or drying does not fall within another Section of this Schedule or Part A or B of this Section and is not an exempt activity; and

(ii) the processing, storing or drying may result in the release into the air of a substance described in paragraph 12 of Part 2 of this Schedule or any offensive smell noticeable outside the premises on which the activity is carried out.

(b) Breeding maggots in any case where 5 kg or more of animal matter or of vegetable matter or, in aggregate, of both are introduced into the process in any week.

Interpretation of Section 6.8

In this Section–

“animal” includes a bird or a fish;

“exempt activity” means–

(i)

any activity carried out in a farm or agricultural holding other than the manufacture of goods for sale;

(ii)

the manufacture or preparation of food or drink for human consumption but excluding–

(aa)

the extraction, distillation or purification of animal or vegetable oil or fat otherwise than as a activity incidental to the cooking of food for human consumption;

(bb)

any activity involving the use of green offal or the boiling of blood except the cooking of food (other than tripe) for human consumption;

(cc)

the cooking of tripe for human consumption elsewhere than on premises on which it is to be consumed;

(iii)

the fleshing, cleaning and drying of pelts of fur-bearing mammals;

(iv)

any activity carried on in connection with the operation of a knacker’s yard, as defined in the Animal By-Products Order (Northern Ireland) 2002(39);

(v)

any activity for the manufacture of soap not falling within Part A of Section 4.1;

(vi)

the storage of vegetable matter not falling within any other Section of this Schedule;

(vii)

the cleaning of shellfish shells;

(viii)

the manufacture of starch;

(ix)

the processing of animal or vegetable matter at premises for feeding a recognised pack of hounds registered under the Animal By-Products Order (Northern Ireland) 2002;

(x)

the salting of hides or skins, unless related to any other activity listed in this Schedule;

(xi)

any activity for composting animal or vegetable matter or a combination of both, except where that activity is carried on for the purposes of cultivating mushrooms;

(xii)

any activity for cleaning, and any related activity for drying or dressing, seeds, bulbs, corms or tubers;

(xiii)

the drying of grain or pulses;

(xiv)

any activity for the production of cotton yarn from raw cotton or for the conversion of cotton yarn into cloth;

“food” includes–

(i)

drink;

(ii)

articles and substances of no nutritional value which are used for human consumption; and

(iii)

articles and substances used as ingredients in the preparation of food;

“green offal” means the stomach and intestines of any animal, other than poultry or fish, and their contents;

“underground strata” has the same meaning as in Article 2(2) of the Water (Northern Ireland) Order 1999(40);

“waterways” has the same meaning as in Article 2(2) of the Water (Northern Ireland) Order 1999.

SECTION 6.9 INTENSIVE FARMING

Part A

(a) Rearing poultry or pigs intensively in an installation with more than:

(i) 40,000 places for poultry;

(ii) 2,000 places for production pigs (over 30 kg); or

(iii) 750 places for sows.

Part B

Nil.

Part C

Nil.

PART 2 INTERPRETATION OF PART 1

1.  The following rules apply for the interpretation of Part 1 of this Schedule.

2.—(1) Subject to sub-paragraph (2), an activity shall not be taken to be a Part B or Part C activity if it cannot result in the release into the air of a substance listed in paragraph 12 or there is no likelihood that it will result in the release into the air of any such substance except in a quantity which is so trivial that it is incapable of causing pollution or its capacity to cause pollution is insignificant.

(2) Sub-paragraph (1) does not apply to an activity which may give rise to an offensive smell noticeable outside the site where the activity is carried out.

3.  An activity shall not be taken to be an activity falling within Part 1 if it is carried out in a working museum to demonstrate an industrial activity of historic interest or if it is carried out for educational purposes in a school as defined by Article 2(1) of the Education and Libraries (Northern Ireland) Order 1986(41).

4.  The running on or within an aircraft, hovercraft, mechanically propelled road vehicle, railway locomotive or ship or other vessel of an engine which propels or provides electricity for it shall not be taken to be an activity falling within Part 1.

5.  The running of an engine in order to test it before it is installed or in the course of its development shall not be taken to be an activity falling within Part 1.

6.—(1) The use of a fume cupboard shall not be taken to be an activity falling within Part 1 if it is used as a fume cupboard in a laboratory for research or testing and it is not–

(i) a fume cupboard which is an industrial and continuous production activity enclosure; or

(ii) a fume cupboard in which substances or materials are manufactured.

(2) In sub-paragraph (1) “fume cupboard” has the meaning given by the British Standard “Laboratory fume cupboards” published by the British Standards Institution numbered BS7258 : Part I : 1990.

7.  An activity shall not be taken to fall within Part 1 if it is carried out as a domestic activity in connection with a private dwelling.

8.  References in Part 1 to related activities are references to separate activities being carried out by the same person on the same site.

9.—(1) This paragraph applies for the purpose of determining whether an activity carried out in a stationary technical unit falls within a description in Part A which refers to capacity, other than design holding capacity.

(2) Where a person carries out several activities falling within the same description in Part A in different parts of the same stationary technical unit or in different stationary technical units on the same site, the capacities of each part or unit, as the case may be, shall be added together and the total capacity shall be attributed to each part or unit for the purpose of determining whether the activity carried out in each part or unit falls within a description in Part A.

(3) For the purpose of sub-paragraph (2), no account shall be taken of capacity when determining whether activities fall within the same description.

(4) Where an activity falls within a description in Part A by virtue of this paragraph it shall not be taken to be an activity falling within a description in Part B or Part C.

10.—(1) Where an activity falls within a description in Part A and a description in Part B that activity shall be regarded as falling only within the description in Part A.

(2) Where an activity falls within a description in Part A and a description in Part C that activity shall be regarded as falling only within the description in Part A.

(3) Where an activity falls within a description in Part B and a description in Part C, that activity shall be regarded as falling only within that description which fits it most aptly.

11.  In Part 1 of this Schedule–

“background quantity” means, in relation to the release of a substance resulting from an activity, such quantity of that substance as is present in–

(i)

water supplied to the site where the activity is carried out;

(ii)

water abstracted for use in the activity; and

(iii)

precipitation onto the site on which the activity is carried out;

“Part A activity” means an activity falling within Part A of any Section in Part 1 of this Schedule;

“Part B activity” means an activity falling within Part B of any Section in Part 1 of this Schedule;

“Part C activity” means an activity falling within Part C of any Section in Part 1 of this Schedule.

12.  References to, or to the release into the air of, a substance listed in this paragraph are to any of the following substances–

• oxides of sulphur and other sulphur compounds;

• oxides of nitrogen and other nitrogen compounds;

• oxides of carbon;

• organic compounds and partial oxidation products;

• metals, metalloids and their compounds;

• asbestos (suspended particulate matter and fibres), glass fibres and mineral fibres;

• halogens and their compounds;

• phosphorus and its compounds;

• particulate matter.

13.  References to, or to the release into water of, a substance listed in this paragraph or to its release in a quantity which, in any period of 12 months, is greater than the background quantity by an amount specified in this paragraph are to the following substances and amounts–

Substance	Amount greater than the background quantity (in grammes) in any period of 12 months
Mercury and its compounds	200 (expressed as metal)
Cadmium and its compounds	1,000 (expressed as metal)
All isomers of hexachlorocyclohexane	20
All isomers of DDT	5
Pentachlorophenol and its compounds	350 (expressed as PCP)
Hexachlorobenzene	5
Hexachlorobutadiene	20
Aldrin	2
Dieldrin	2
Endrin	1
Polychlorinated Biphenyls	1
Dichlorvos	0.2
1,2 – Dichloroethane	2,000
All isomers of trichlorobenzene	75
Atrazine	350*
Simazine	350*
Tributyltin compounds	4 (expressed as TBT)
Triphenyltin compounds	4 (expressed as TPT)
Trifluralin	20
Fenitrothion	2
Azinphos-methyl	2
Malathion	2
Endosulfan	0.5

*Where both Atrazine and Simazine are released, the figure for both substances in aggregate is 350 grammes.

14.—(1) References to a substance listed in this paragraph are to any of the following substances–

• alkali metals and their oxides and alkaline earth metals and their oxides;

• organic solvents;

• azides;

• halogens and their covalent compounds;

• metal carbonyls;

• organo-metallic compounds;

• oxidising agents;

• polychlorinated dibenzofuran and any congener thereof;

• polychlorinated dibenzo-p-dioxin and any congener thereof;

• polyhalogenated biphenyls, terphenyls and naphthalenes;

• phosphorus;

• pesticides.

(2) In sub-paragraph (1), “pesticide” means any chemical substance or preparation prepared or used for destroying any pest, including those used for protecting plants or wood or other plant products from harmful organisms, regulating the growth of plants, giving protection against harmful creatures, rendering such creatures harmless, controlling organisms with harmful or unwanted effects on water systems, buildings or other structures, or on manufactured products, or protecting animals against ectoparasites.

PART 3 INTERPRETATION OF “PART A INSTALLATION” ETC

15.  For the purpose of these Regulations, subject to paragraph 17–

“Part A installation” means an installation where a Part A activity is carried out (including such an installation where a Part B or Part C activity is also carried out);

“Part B installation” means an installation where a Part B activity is carried out, not being a Part A installation (including such an installation where a Part C activity is also carried out);

“Part C installation” means an installation where a Part C activity is carried out, not being a Part A installation or Part B installation.

16.  For the purpose of these Regulations–

“Part A mobile plant” means mobile plant used to carry out a Part A activity (including such plant which is also used to carry out a Part B or Part C activity);

“Part B mobile plant” means mobile plant used to carry out a Part B activity, not being Part A mobile plant;

“Part C mobile plant” means mobile plant used to carry out a Part C activity, not being Part A mobile plant or Part B mobile plant.

17.  A Part C installation where an activity within Part C of Section 1.1 is carried out does not include any location where the associated storage, handling or shredding of tyres which are to be burned as part of that activity is carried out.

18.  A Part B installation where an activity falling within paragraph (a) of Part B of Section 2.2, or a Part C installation where an activity falling within paragraph (c) of Part C of Section 2.2 is carried out does not include any location where the associated storage or handling of scrap which is to be heated as part of that activity is carried out, other than a location where scrap is loaded into a furnace.

19.  A Part B installation where an activity falling with paragraph (a) or (b) of Part B of Section 5.1 or a Part C installation where an activity falling with paragraph (a) or (b) of Part C of Section 5.1 is carried out does not include any location where the associated storage or handling of wastes and residues which are to be incinerated as part of that activity is carried out, other than a location where the associated storage or handling of animal remains intended for burning in an incinerator used wholly or mainly for the incineration of such remains or residues from the burning of such remains in such an incinerator is carried out.

20.  A Part B or Part C installation where an activity falling within Part B or Part C of Section 6.4 is carried out does not include any location where the associated cleaning of used storage drums prior to painting or their incidental handling in connection with such cleaning is carried out.

21.  Where an installation is a Part A installation, a Part B installation or a Part C installation by virtue of the carrying out of an activity which is only carried out during part of a year that installation shall not cease to be such an installation during the parts of the year when that activity is not being carried out.

22.  Where an installation is authorised by a permit granted under these Regulations to carry out Part A activities, Part B activities or Part C activities which are described in Part 1 by reference to a threshold (whether in terms of capacity or otherwise), the installation shall not cease to be a Part A installation, a Part B installation, or a Part C installation, as the case may be, by virtue of the installation being operated below the relevant threshold unless the permit ceases to have effect in accordance with these Regulations.

23.  In this Part, “Part A activity”, “Part B activity” and “Part C activity” have the meaning given by paragraph 11 in Part 2 of this Schedule.

Regulation 3

SCHEDULE 2 BEST AVAILABLE TECHNIQUES

1.  Subject to paragraph 2, in determining best available techniques special consideration shall be given to the following matters, bearing in mind the likely costs and benefits of a measure and the principles of precaution and prevention–

(1) the use of low-waste technology;

(2) the use of less hazardous substances;

(3) the furthering of recovery and recycling of substances generated and used in the process and of waste, where appropriate;

(4) comparable processes, facilities or methods of operation which have been tried with success on an industrial scale;

(5) technological advances and changes in scientific knowledge and understanding;

(6) the nature, effects and volume of the emissions concerned;

(7) the commissioning dates for new or existing installations or mobile plant;

(8) the length of time needed to introduce the best available technique;

(9) the consumption and nature of raw materials (including water) used in the process and the energy efficiency of the process;

(10) the need to prevent or reduce to a minimum the overall impact of the emissions on the environment and the risks to it;

(11) the need to prevent accidents and to minimise the consequences for the environment;

(12) the information published by the Commission pursuant to Article 16(2) of the Directive or by international organisations.

2.  Sub-paragraphs (1) to (3) and (9) to (12) shall not apply for the purposes of determining best available techniques in relation to Part B or Part C installations and Part B or Part C mobile plant.

Regulations 9 and 10(13)

SCHEDULE 3 PRESCRIBED DATE AND TRANSITIONAL ARRANGEMENTS

PART 1 PART A INSTALLATIONS AND MOBILE PLANT

1.  The prescribed date for a new Part A installation or new Part A mobile plant is–

(a) where an application for a permit to operate the installation or mobile plant is duly made before 1^st January 2004, the determination date for the installation or mobile plant;

(b) where no such application is made, 1^st January 2004.

2.—(1) Subject to paragraph 4, the prescribed date for an existing Part A installation or existing Part A mobile plant is–

(a) where an application for a permit to operate the installation or mobile plant is duly made within the relevant period (or before the beginning of the relevant period where allowed under paragraph 5), the determination date for the installation or mobile plant;

(b) where no such application is made, the day after the date on which the relevant period expires.

(2) For the purpose of sub-paragraph (1) the relevant period for an existing Part A installation or existing Part A mobile plant is the period specified for that description of installation or mobile plant in the following table–

Any installation where an activity falling within the following Section of Part 1 of Schedule 1 is carried out or any mobile plant used to carry out such an activity	Relevant Period
Section 1.1	1st – 30th April 2006
Section 1.2	1st – 31st July 2004
Section 2.1	1st – 31st July 2004
Section 2.2	1st – 31st July 2004
Section 2.3	1st – 30th April 2006
Section 3.1	1st – 31st July 2004
Section 3.2	1st – 30th April 2006
Section 3.3	1st – 31st July 2004
Section 3.4	1st – 31st July 2004
Section 3.5	1st – 31st July 2004
Section 3.6	1st – 31st July 2004
Section 4.1	1st – 30th April 2006
Section 4.2	1st – 30th April 2006
Section 4.3	1st – 30th September 2005
Section 4.4	1st – 30th April 2006
Section 4.5	1st – 30th April 2006
Section 4.6	1st – 30th April 2006
Section 4.7	1st – 30th September 2005
Section 5.1	1st – 30th September 2005
Section 5.2	1st January – 31st March 2007
Section 5.3	1st – 30th September 2005
Section 5.4	1st – 30th September 2005
Section 5.5	1st – 30th April 2006
Section 6.1 (a) – (c)	1st – 31st July 2004
Section 6.1 (d)	1st – 30th April 2006
Section 6.2	1st – 30th April 2006
Section 6.3	1st – 30th September 2005
Section 6.4	1st – 30thril 2006
Section 6.6	1st – 30th April 2006
Section 6.7	1st – 31st July 2004
Section 6.8 paragraphs (a), (b) and (c)	1st – 28th February 2005
Section 6.8 paragraphs (d), (e) and (f)	1st – 30th September 2005
Section 6.9	1st November 2006 to 31st January 2007

(3) For the purpose of sub-paragraph (2), where an activity falls within a description in Part A of more than one Section of Part 1 of Schedule 1 it shall be regarded as falling only within that description which fits it most aptly.

(4) Subject to sub-paragraph (5), where more than one activity falling within Part A of any Section in Part 1 of Schedule 1 is carried out in an existing Part A installation or using an existing Part A mobile plant, the relevant period for that installation or mobile plant shall be the period beginning with the earliest date listed against one of those activities in the table in sub-paragraph (2).

(5) Where more than one activity falling within Part A of any Section in Part 1 of Schedule 1 is carried out in an existing Part A installation, the operator of the installation may apply to the chief inspector to determine that the relevant period for the installation shall not be the period determined by sub-paragraph (4) but the later period listed in the table in sub-paragraph (2) against the primary activity of the installation.

(6) An application under sub-paragraph (5) shall be in writing and shall–

(a) identify the installation concerned;

(b) list the activities falling within Part A of any Section in Part 1 of Schedule 1 which are carried out in the installation;

(c) identify which of those activities the operator considers to be the primary activity,and shall be submitted at least 3 months before the beginning of the period which would be the relevant period for the installation concerned under sub-paragraph (4).

(7) Where the chief inspector receives a duly made application under sub-paragraph (5) he shall, if he agrees with the operator that the activity identified pursuant to sub-paragraph (6)(c) is the primary activity, serve notice of this determination on the operator, and the period listed against that activity in sub-paragraph (2) shall be the relevant period for the installation.

(8) Where the chief inspector does not agree with the operator as mentioned in sub-paragraph (7) he shall serve notice of this determination on the operator and the relevant period for the installation shall be the period determined by sub-paragraph (4).

(9) The chief inspector shall serve notice of his determination of any application made under sub-paragraph (5) within 2 months of receiving the application.

(10) Where there is more than one operator of an installation, an application under sub-paragraph (5) shall be made by the operators of the installation jointly and the references in sub-paragraphs (6) to (8) to the operator shall be construed as a reference to all of the operators.

(11) For the purpose of sub-paragraphs (5) to (9) the primary activity of an installation is the activity the carrying out of which constitutes the primary purpose for operating the installation.

3.  For the purpose of paragraphs 1 and 2, where separate applications are made to operate different parts of a Part A installation–

(a) the date by which applications have been made in relation to all parts of the installation shall be treated as the date on which an application for a permit to operate the installation is made;

(b) an application for a permit to operate the installation shall only be treated as having been duly made if each of the separate applications are duly made;

(c) the determination date for the installation shall be, in relation to each part of the installation which is covered by a separate application, the determination date for that part of the installation.

4.—(1) Where there is a substantial change in the operation of an existing Part A installation on or after 31 October 1999 and before 1^st January 2004 the prescribed date for that part of the installation affected by the change shall be–

(a) where an application for a permit authorising the operation of that part of the installation is duly made before 1^st January 2004, the determination date for that part of the installation;

(b) where no such application is made, 1^st January 2004.

(2) Where there is a substantial change in the operation of an existing Part A installation on or after 1^st January 2004, the prescribed date for that part of the installation affected by the change shall be the date on which the change is made if earlier than the date which would be the prescribed date for the installation under paragraph 2.

5.—(1) Subject to sub-paragraph (2), an application for a permit to operate an existing Part A installation or Part A mobile plant shall not be made before the beginning of the relevant period for that installation or mobile plant without the consent of the chief inspector.

(2) Where an operator of an existing Part A installation proposes to make a substantial change in the operation of the installation he may make an application before the beginning of the relevant period for a permit to operate that part of the installation that will be affected by the substantial change.

6.  In this Part of this Schedule –

“determination date” means–

(a)

for an installation, part of an installation or mobile plant in relation to which a permit is granted, the date on which it is granted, whether in pursuance of the application for the permit or following an appeal;

(b)

for an installation, part of an installation or mobile plant in relation to which a permit is refused and the applicant for the permit appeals against the refusal, the date of the determination of the appeal refusing the permit;

(c)

for an installation, part of an installation or mobile plant in relation to which a permit is refused and no appeal is made against the refusal, the date immediately following the last day, determined in accordance with paragraph 2 of Schedule 9, on which notice of appeal might have been given;

“existing” means, in relation to a Part A installation or a Part A mobile plant–

(a)

an installation or mobile plant which is put in to operation before 31^st October 1999;or

(b)

an installation or mobile plant which is put into operation on or after that date but before 31^st October 2000, provided that–

(i)

the operation of the installation or mobile plant was authorised by the relevant authorisation before 31^st October 1999; or

(ii)

an application for such authorisation was duly made before that date;

“new” means, in relation to a Part A installation or a Part A mobile plant, an installation or plant which is put into operation on or after 31^st October 1999 other than an existing Part A installation or Part A mobile plant;

“relevant authorisation” means, in relation to the operation of a Part A installation or Part A mobile plant–

(a)

where the operation of the installation or mobile plant immediately before 31^st October 1999 requires an authorisation under the Industrial Pollution Control (Northern Ireland) Order 1997(42), an authorisation under that Order;

(b)

where the operation of the installation or mobile plant immediately before 31^st October 1999 requires a disposal licence under the Pollution Control and Local Government (Northern Ireland)1978(43), a disposal licence under that Order;

(c)

in any other case, planning permission granted under the Planning (Northern Ireland) Order 1991(44);

“relevant period” shall be interpreted in accordance with paragraph 2.

PART 2 PART B AND PART C INSTALLATIONS AND MOBILE PLANT

7.  The prescribed date for a new Part B or Part C installation or a new Part B or Part C mobile plant is the relevant date for that installation or mobile plant.

8.  The prescribed date for an existing Part B or Part C installation or existing Part B or Part C mobile plant is the determination date for that installation or mobile plant.

9.—(1) Subject to the following provisions of this paragraph, no application for a permit to operate an existing Part B or Part C installation or existing Part B or Part C mobile plant shall be made to the enforcing authority.

(2) Where an operator of a Part B or Part C installation or a Part B or Part C mobile plant proposes to put the installation or mobile plant into operation during the period of six months ending on the relevant date for the installation or mobile plant, he may make an application for a permit to operate that installation or mobile plant.

(3) The operator of an existing Part B or Part C installation or existing Part B or Part C mobile plant shall, unless he has made an application to operate the installation or mobile plant under sub-paragraph (2), be deemed to have made an application for a permit to operate that installation or mobile plant on the relevant date for that installation or mobile plant.

(4) Where sub-paragraph (3) applies in relation to an existing Part B or Part C installation and different parts of the installation are operated by different operators, each operator shall be deemed to have made an application to operate that part of the installation which he operates.

(5) Schedule 4 shall not apply to a deemed application under sub-paragraph (3).

(6) The enforcing authority shall give notice of its determination of a deemed application under sub-paragraph (3) to the applicant within the period of 12 months beginning with the date on which the application is deemed to have been made and if the enforcing authority fails to give notice of its determination within that period the application shall, if the applicant notifies the authority in writing that he treats the failure as such, be deemed to have been refused at the end of that period.

(7) Where sub-paragraph (3) applies the enforcing authority shall, within 2 months of the date on which the application is deemed to have been made, notify the operator of the installation or mobile plant of the deemed application and of the requirements of sub-paragraph (6).

(8) Where separate applications are deemed to have been made under sub-paragraph (4) to operate different parts of a Part B or Part C installation the prescribed date for the installation shall be, in relation to each part of the installation covered by a separate application, the determination date for that part of the installation.

10.  For the purpose of this Part of this Schedule the relevant date for a Part B installation or a Part B mobile plant is 1^st April 2008.

11.—(1) For the purpose of this Part of this Schedule the relevant date for Part C installation or Part C mobile plant is the date specified for that description of installation or mobile plant in the following table–

Any installation where an activity falling within Part C of the following Sections of Part 1 of Schedule 1 is carried out or any mobile plant used to carry out such an activity	Relevant Date
Section 1.1	1st April 2004
Section 1.2	1st April 2005
Section 2.1	1st April 2006
Section 2.2	1st April 2006
Section 3.1	1st April 2004
Section 3.5	1st April 2004
Section 3.6	1st April 2005
Section 5.1	1st April 2006
Section 6.4	1st April 2006
Section 6.5	1st April 2007
Section 6.6	1st April 2005
Section 6.7	1st April 2006
Section 6.8	1st April 2006

(2) For the purpose of sub-paragraph (1), where an activity falls within a description in Part C of more than one Section of Part 1 of Schedule 1 it shall be regarded as falling only within that description which fits it most aptly.

(3) Where more than one activity falling within Part C of any Section in Part 1 of Schedule 1 is carried out in an existing Part C installation or using an existing Part C mobile plant, and the activities have different relevant dates, the relevant date for that installation or mobile plant shall be the earliest of those dates.

12.  In this Part of this Schedule–

“determination date” means–

(a)

for an installation, part of an installation or mobile plant in relation to which a permit is granted, the date on which it is granted, whether in pursuance of the application for the permit or following an appeal;

(b)

for an installation, part of an installation or mobile plant in relation to which a permit is refused and the applicant for the permit appeals against the refusal, the date of the determination of the appeal refusing the permit;

(c)

for an installation, part of an installation or mobile plant in relation to which a permit is refused and no appeal is made against the refusal, the date immediately following the last day, determined in accordance with paragraph 2 of Schedule 9, on which notice of appeal might have been given;

“existing” means, in relation to a Part B or Part C installation or Part B or Part C mobile plant, an installation or mobile plant which is put into operation before the relevant date for that installation or mobile plant;

“new” means, in relation to a Part B or Part C installation or Part B or Part C mobile plant, an installation or mobile plant which is put into operation on or after the relevant date for that installation or mobile plant;

“relevant date” shall be interpreted in accordance with paragraphs 10 and 11.

Regulation 10

SCHEDULE 4 GRANT OF PERMITS

PART 1 APPLICATIONS FOR PERMITS

1.—(1) An application to an enforcing authority for a permit under regulation 10 shall be in writing and, subject to paragraphs 2 and 3, shall contain the following information–

(a) the name of the applicant, his telephone number and address (including post code) and, if different, any address to which correspondence relating to the application should be sent and, if the applicant is a body corporate, its registered number, the address of its registered or principal office and, if that body corporate is a subsidiary of a holding company (within the meaning of Article 4 of the Companies (Northern Ireland) Order 1986)(45), the name of the ultimate holding company and the address of its registered or principal office;

(b) in the case of an application for a permit to operate an installation or Part A mobile plant, the address of the site of the installation or mobile plant and its Irish grid reference, a map or plan showing that site and, in the case of an installation, the location of the installation on that site, and the name of any district council in whose district the site is situated;

(c) in the case of an application for a permit to operate a Part B or Part C mobile plant, the name of the district council in whose district the applicant has his principal place of business and the address of that place of business or, where the operator of the mobile plant has his principal place of business outside of Northern Ireland, the name of the district council in whose district the plant was first operated or, where the plant has not been operated in Northern Ireland, the district council in whose district it is intended by the operator that the plant will first be operated;

(d) in the case of an application for a permit to operate a Part A installation or a Part A mobile plant, a site report containing the information required by sub-paragraph (2);

(e) a description of the installation or mobile plant, the activities listed in Part 1 of Schedule 1 to be carried out in the installation or by means of the mobile plant, and, in the case of an installation, any other directly associated activities to be carried out on the same site as the installation which will have a technical connection with those listed activities and which could have an effect on pollution;

(f) the raw and auxiliary materials and other substances and the energy to be used in or generated by the carrying out of the activities referred to in paragraph (e);

(g) the nature, quantities and sources of foreseeable emissions from the installation or mobile plant into each environmental medium, and a description of any foreseeable significant effects of the emissions on the environment;

(h) the proposed technology and other techniques for preventing or, where that is not practicable, reducing emissions from the installation or mobile plant;

(i) the proposed measures to be taken to monitor the emissions;

(j) a description of the measures to be taken for the prevention and recovery of waste generated by the operation of the installation or mobile plant;

(k) a description of any proposed additional measures to be taken to comply with the general principles set out in regulation 11;

(l) in the case of an application for a permit to operate a Part A installation, any relevant information obtained or conclusion arrived at in relation to the installation pursuant to articles 5, 6 and 7 of Council Directive 85/337/EEC on the assessment of the effects of certain public and private projects on the environment(46);

(m) in the case of an application for a permit to operate an installation or mobile plant covered by general binding rules, a statement as to whether the applicant wishes the aspects of the operation of the installation or mobile plant covered by the requirements in the rules to be subject to those requirements instead of conditions included in the permit pursuant to regulation 12;

(n) in the case of an application for a permit that will authorise the carrying out of a specified waste management activity at an installation or by means of mobile plant, any information which the applicant wishes the chief inspector to take into account when considering whether the applicant is a fit and proper person to carry out that activity;

(o) any additional information which the applicant wishes the enforcing authority to take into account in considering the application;

(p) a non-technical summary of the information referred to in the previous sub-paragraphs.

(2) The site report required by paragraph 1(1)(d) shall describe the condition of the site of the Part A installation or Part A mobile plant and shall, in particular, identify any substance in, on or under the land which may constitute a pollution risk.

2.  Paragraph 1(1)(f), (j) and (p) shall not apply in relation to an application for a permit to operate a Part B or Part C installation or a Part B or Part C mobile plant, and, in relation to such an application, the reference to emissions from the installation or mobile plant into each environmental medium in paragraph 1(1)(g) shall be read as a reference to emissions from the installation or mobile plant into the air.

3.—(1) Paragraph 1(1) shall apply in relation to an application for a permit to operate an installation involving the burning of waste oil in an appliance with a rated thermal input of less than 0.4 megawatts as if, in so far as the installation is concerned with the carrying out of that activity, the following sub-paragraphs were substituted for sub-paragraphs (e) to (h)–

“(e) the name and number, if any, of the appliance used for the burning of waste oil, and the name of its manufacturer, its rated thermal input and whether or not it is constructed or adapted so as to comply with the specification for fixed, flued fan-assisted heaters in Part 2 of the specification for oil-burning air heaters published by the British Standards Institution and numbered BS 4256 1972;

(f) details of the type of fuel to be used and its source;

(g) details of the height and location of any chimney through which waste gases produced by the appliance would be carried away and details of the efflux velocity of the waste gases leaving such a chimney produced by the appliance in normal operation;

(h) details of the location of the fuel storage tanks of the appliance;”.

(2) In this paragraph and in paragraphs 8 and 10 “waste oil” has the same meaning as in Section 1.1 of Part 1 of Schedule 1.

4.  The enforcing authority may, by notice in writing to the applicant, require him to furnish such further information specified in the notice, within the period so specified, as the enforcing authority may require for the purpose of determining the application and if the applicant fails to furnish the specified information within the period specified the application shall, if the enforcing authority gives notice in writing to the operator that it treats the failure as such, be deemed to have been withdrawn at the end of that period.

5.  Subject to paragraph 23, the applicant shall, within a period of 28 days beginning 14 days after the date on which his application is made, advertise the application–

(a) in the case of an application for a permit to operate an installation or Part A mobile plant, in at least two newspapers circulating in the locality in which the installation or mobile plant covered by the application will be operated;

(b) in the case of an application for a permit to operate a Part A installation or Part A mobile plant, in the Belfast Gazette.

6.  An advertisement required by paragraph 5 shall:

(a) state the name of the applicant;

(b) in the case of an application for a permit to operate an installation or Part A mobile plant, state the address of the site of the installation or mobile plant;

(c) describe briefly the activities in Part 1 of Schedule 1 to be carried out in the installation or mobile plant;

(d) state that the application contains a description of any foreseeable significant effects of emissions from the installation or mobile plant on the environment;

(e) state where any register which contains particulars of the application may be inspected and that it may be inspected free of charge;

(f) explain that any person may make representations in writing to the enforcing authority within the period of 42 days beginning with the date of the advertisement and give the enforcing authority’s address for receiving the representations;

(g) explain that any such representations made by any person will be entered in a public register unless that person requests in writing that they should not be so entered, and that where such a request is made there will be included in the register a statement indicating only that representations have been made which have been the subject of such a request.

7.  Where an application is for a permit to operate more than one installation or mobile plant the application and the advertisement required by paragraph 5 shall contain the information required by paragraphs 1 and 6 respectively in relation to each installation or mobile plant.

8.  Paragraph 5 shall not apply in relation to an application for a permit to operate an installation involving only the burning of waste oil in an appliance with a rated thermal input of less than 0.4 megawatts or the carrying out of an activity falling within paragraph (b) of Part C of Section 1.2 of Part 1 of Schedule 1 (unloading of petrol at service stations).

PART 2 DETERMINATION OF APPLICATIONS

9.—(1) Subject to paragraph 23, the enforcing authority shall, within 14 days of receiving an application for a permit, give notice of the application, enclosing a copy of it, to the following persons–

(a) in the case of an application for a permit to operate an installation or Part A mobile plant, the Health and Social Services Board in whose area the installation or mobile plant will be operated;

(b) in the case of an application for a permit to operate a Part A installation or Part A mobile plant–

(i) the Food Standards Agency(47);

(ii) where the operation of the installation or mobile plant may involve the release of any substance into a sewer vested in the Department for Regional Development, that Department;

(iii) where the operation of the installation or mobile plant may involve an emission which may affect an area of special scientific interest or a European site, the Department of the Environment;

(iv) where the operation of the installation or mobile plant may involve the release of any substance into a harbour managed by a harbour authority, that harbour authority;

(v) where the operation of the installation or mobile plant may involve the release of any substance directly into sea fisheries waters, the Department of Agriculture and Rural Development;

(vi) where the operation of the installation or mobile plant may involve the release of any substance directly into inland fisheries waters, the Department of Culture, Arts and Leisure;

(vii) where the operation of the installation or mobile plant may involve the release of any substance directly into waters under the control of The Loughs Agency or Waterways Ireland, The Loughs Agency or Waterways Ireland as the case may be;

(viii) where the application will be determined by the chief inspector, the district council in whose district the installation or mobile plant will be operated;

(ix) where the operation of the installation or mobile plant will involve the carrying out of a specified waste management activity, the Department of the Environment (Planning Service);

(c) in the case of an application for a permit to operate a Part B or Part C installation where the operation of the installation may involve an emission which may affect an area of special scientific interest or a European site, the Department of the Environment;

(d) in the case of an application for a permit to operate an installation or a Part A mobile plant on a site in respect of which a major accident prevention policy document is required under regulation 5 of the Control of Major Accident Hazards Regulations (Northern Ireland) 2000(48) or a safety report is required under regulation 7 of those Regulations, the Health and Safety Executive for Northern Ireland;

(e) in the case of an application for a permit to operate a Part C installation involving only the carrying out of an activity falling within paragraph (b) of Part C of Section 1.2 of Part 1 of Schedule 1 (unloading of petrol at service stations), the petroleum licensing authority for that installation;

(f) in the case of all applications, such other persons as the Department may direct.

(2) In sub-paragraph (1)–

“European site” has the same meaning as in regulation 9(1) of the Conservation (Natural Habitats, &c.) Regulations (Northern Ireland) 1995(49);

“harbour authority” has the same meaning as in section 38(1) of the Harbours Act (Northern Ireland) 1970(50);

“Health and Safety Executive for Northern Ireland” means the Health and Safety Executive established under Article 12 of the Health and Safety at Work (Northern Ireland) Order 1978(51);

“Health and Social Services Board” means a Health and Social Services Board established under Article 16 of the Health and Personal Social Services (Northern Ireland) Order 1972(52);

“The Loughs Agency” means an agency of the Foyle, Carlingford and Irish Lights Commission, the implementation body for aquaculture and marine matters established under Article 1 of the Agreement between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of Ireland establishing implementation bodies(53);

“petroleum licensing authority” means a district council empowered to grant petroleum spirit licences under the Petroleum (Consolidation) Act (Northern Ireland) 1929(54);

“Waterways Ireland” means the implementation body for inland waterways established under Article 1 of the Agreement between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of Ireland establishing implementation bodies.

10.  Paragraph 9 shall not apply in relation to an application for a permit to operate an installation involving only the burning of waste oil in an appliance with a rated thermal input of less than 0.4 megawatts.

11.—(1) If the enforcing authority proposes to grant a permit subject to an off-site condition, it shall, before granting the permit, give a notice which complies with sub-paragraph (2) to every person appearing to it to be a person falling within sub-paragraph (3).

(2) A notice served under sub-paragraph (1) shall–

(a) be in writing;

(b) set out the off-site condition in question;

(c) indicate the nature of the works or things which that condition might require the holder of the permit to carry out or do; and

(d) specify the period allowed for the purpose of paragraph 12 for making representations to the enforcing authority relating to the condition or its possible effects and the manner in which any such representations are to be made.

(3) A person falls within this sub-paragraph if–

(a) he is the owner, lessee or occupier of land; and

(b) that land is land in relation to which it is likely that, as a consequence of the permit being issued subject to the off-site condition in question, rights will have to be granted by virtue of regulation 12(12) to the holder of the permit.

(4) In sub-paragraph (3), “owner” means the person who–

(a) is for the time being receiving the rack-rent of the land, whether on his own account or as agent or trustee for another person; or

(b) would receive the rack-rent if the land were let at a rack-rent,

but does not include a mortgagee not in possession.

12.—(1) Any representations made by any persons within the period allowed shall be considered by the enforcing authority in determining the application.

(2) For the purpose of sub-paragraph (1), the period allowed for making representations is–

(a) in the case of any person to whom notice is given pursuant to paragraph 9, the period of 42 days beginning with the date on which notice is given;

(b) in the case of any person to whom notice is given pursuant to paragraph 11, the period specified in the notice;

(c) in the case of any other person, the period of 42 days beginning with the date on which the application is advertised pursuant to paragraph 5.

13.  In the case of an application for a permit to operate a Part A installation, any relevant information obtained or conclusion arrived at pursuant to Articles 5, 6 and 7 of Council Directive 85/337/EEC on the assessment of the effects of certain public and private projects on the environment in relation to the installation shall be taken into consideration by the chief inspector in determining the application.

14.—(1) The Department may give directions to the enforcing authority requiring that any particular application or any class of applications for a permit shall be referred to it for determination pending a further direction under sub-paragraph (13).

(2) The enforcing authority shall inform the applicant of the fact that his application is being referred to the Department and forward to the Department any representations which have been made to the enforcing authority within the period allowed.

(3) Where an application for a permit is referred to it under sub-paragraph (1), the Department may afford the applicant and the enforcing authority an opportunity of appearing before and being heard by a person appointed by the Department (the “appointed person”) and it shall do so in any case where a request is duly made by the applicant or the enforcing authority to be so heard.

(4) A request under sub-paragraph (3) shall be in writing and shall be made within the period of 21 days beginning with the day on which the applicant is informed that the application is being referred to the Department.

(5) A hearing held under sub-paragraph (3) may, if the appointed person so decides, be held wholly or to any extent, in private.

(6) Where the Department causes a hearing to be held under sub-paragraph (3) it shall give the applicant and the enforcing authority at least 28 days notice (or such shorter period of notice as they may agree) of the date, time and place fixed for the holding of the hearing.

(7) In the case of a hearing under sub-paragraph (3) which is to be held wholly or partly in public, the Department shall, at least 21 days before the date fixed for the holding of the hearing–

(a) where the application relates to the operation of an installation or Part A mobile plant, publish a copy of the notice mentioned in sub-paragraph (6) in at least two newspapers circulating in the locality in which the installation or mobile is operated;

(b) serve a copy of that notice on every person required to be notified under paragraph 9 of this Schedule and on any person who made representations to the enforcing authority with respect to the subject matter of the application.

(8) The Department may vary the date fixed for the holding of any hearing under sub-paragraph (3) and sub-paragraphs (6) and (7) shall apply to the variation of a date as they applied to the date originally fixed.

(9) The Department may also vary the time or place for the holding of a hearing under sub-paragraph (3) and shall give such notice of any variation as appears to it to be reasonable.

(10) The persons entitled to be heard at a hearing under sub-paragraph (3) are–

(a) the applicant;

(b) the enforcing authority; and

(c) any person required under paragraph 9 of this Schedule to be notified of the application.

(11) Nothing in sub-paragraph (10) shall prevent the appointed person from permitting any other persons to be heard at the hearing and such permission shall not be unreasonably withheld.

(12) After the conclusion of a hearing, the appointed person shall make a report in writing to the Department which shall include his conclusions and recommendations or his reasons for not making any recommendations.

(13) The Department shall, on determining any application transferred to it under this paragraph, give to the enforcing authority such a direction as it thinks fit as to whether it is to grant the application and, if so, as to the conditions that are to be attached to the permit.

15.—(1) Except in a case where an application has been referred to the Department under paragraph 14 and subject to paragraph 18, the enforcing authority shall give notice of its determination of an application for a permit–

(a) for new installations and mobile plant and for existing Part A installations and existing Part A mobile plant where there is a substantial change to the operation of the installation or mobile plant, within the period of six months beginning with the day on which it received the application;

(b) for existing Part A installations and existing Part A mobile plant other than those referred to in sub-paragraph (a), within the period of nine months beginning with the day on which it received the application;

(c) in any case, within such longer period as may be agreed with the applicant.

(2) For the purpose of calculating the periods mentioned in sub-paragraph (1) no account shall be taken of–

(a) any period beginning with the date on which notice is served on the applicant under paragraph 4 and ending on the date on which the applicant furnishes the information specified in the notice;

(b) any period allowed for making representations in relation to a notice given pursuant to paragraph 11 in so far as that period does not overlap with any other period allowed for making representations in accordance with paragraph 12;

(c) where a matter falls to be determined under regulation 31or 32, any period beginning with the date on which the period of 28 days referred to in paragraph 5 ends and ending on the date on which the application is advertised in accordance with paragraph 23(a).

16.  If the enforcing authority fails to give notice of its determination of an application for a permit within the period allowed by or under paragraph 15, the application shall, if the applicant notifies the authority in writing that he treats the failure as such, be deemed to have been refused at the end of that period.

17.  Where the Department is aware that the operation of an installation carrying out an activity listed in Annex I to the Directive in Northern Ireland is likely to have significant negative effects on the environment of another Member State, or where another Member State likely to be significantly affected so requests, the Department shall forward a copy of the application to operate that installation to the other Member State at the same time as the application is advertised pursuant to paragraph 5 (or as soon as it becomes so aware or receives such a request, if it becomes so aware or receives such a request after the application is advertised but before the application is determined) in order that the application may serve as the basis for any consultations necessary in the framework of the bilateral relations between the United Kingdom and the other Member State on a reciprocal and equivalent basis, as referred to in Article 17 of the Directive.

18.—(1) Where an application is forwarded to another Member State pursuant to paragraph 17 the Department shall notify the applicant and the chief inspector and, in a case where the application has not been referred to the Department under paragraph 14–

(a) the chief inspector shall not determine the application until the Department has notified him in writing that the bilateral consultations mentioned in paragraph 17 have been completed and has forwarded to him any representations duly made on the application by persons in the other Member State which have been forwarded to the Department; and

(b) the period within which to give notice of determination of the application set out in paragraph 15 shall begin on the date on which the chief inspector receives the Department’s notification that the bilateral consultations have been completed.

(2) In determining an application which is forwarded to another Member State pursuant to paragraph 17 the chief inspector, or the Department if the application has been referred to it, shall take into consideration any representations duly made in the other Member State which have been forwarded to the Department.

19.  In paragraphs 17 and 18, “Member State” shall be taken to include Norway, Iceland and Liechtenstein(55).

PART 3 NATIONAL SECURITY AND CONFIDENTIAL INFORMATION

20.  The requirements of paragraph 5 of this Schedule shall not apply in so far as they would require the advertisement of information mentioned in paragraph 6 which is not to be included in the register by virtue of regulation 31 or 32.

21.  Subject to paragraph 22, the requirements of paragraph 9(1)(b) (iv), (vii) and (viii) shall not apply in so far as they would require a person mentioned in any of those provisions to be given information which is not included in the register by virtue of regulation 31 or 32.

22.  Paragraph 21 does not apply in relation to information which is not included in the register by virtue of regulation 32 in so far as–

(a) in the case of a harbour authority, the information is about the release of any substance into a harbour managed by that person;

(b) in the case of The Loughs Agency or Waterways Ireland the information is about the release of any substance into waters under the control of The Loughs Agency or Waterways Ireland, as the case may be;

(c) in the case of a district council, the information is about the release of any substance into air, water or land.

23.  Where a matter falls to be determined under regulation 31 or 32–

(a) the period within which an advertisement is to be published under paragraph 5 shall be 28 days beginning 14 days after the day on which the matters to be determined under those regulations are finally disposed of;

(b) the period for notification under paragraph 9(1) of this Schedule shall be the period of 14 days beginning 14 days after the day on which the matters to be determined under those regulations are finally disposed of.

24.  For the purpose of paragraph 23, the matters to be determined under regulation 31 or 32 are finally disposed of–

(a) in a case where the Secretary of State determines under regulation 31 whether or not information is to be included in the register, on the date on which the Secretary of State so determines;

(b) in a case where the enforcing authority determines under regulation 32(2) or (5) that the information in question is commercially confidential, on the date of the enforcing authority’s determination;

(c) in a case where the enforcing authority determines under regulation 32(2) or (5) that the information in question is not commercially confidential, on the date on which the period for bringing an appeal expires without an appeal being brought or, if such an appeal is brought within that period, on the date of the final determination of the appeal by the Planning Appeals Commission or, as the case may be, the date on which the appeal is withdrawn.

Regulation 12(2)

SCHEDULE 5 POLLUTANTS

Indicative list of the main polluting substances to be taken into account if they are relevant for fixing emission limit values

AIR

1.  Sulphur dioxide and other sulphur compounds.

2.  Oxides of nitrogen and other nitrogen compounds.

3.  Carbon monoxide.

4.  Volatile organic compounds.

5.  Metals and their compounds.

6.  Dust.

7.  Asbestos (suspended particulates, fibres).

8.  Chlorine and its compounds.

9.  Fluorine and its compounds.

10.  Arsenic and its compounds.

11.  Cyanides.

12.  Substances and preparations which have been proved to possess carcinogenic or mutagenic properties or properties which may affect reproduction via the air.

13.  Polychlorinated dibenzodioxins and polychlorinated dibenzofurans.

WATER

1.  Organohalogen compounds and substances which may form such compounds in the aquatic environment.

2.  Organophosphorus compounds.

3.  Organotin compounds.

4.  Substances and preparations which have been proved to possess carcinogenic or mutagenic properties or properties which may affect reproduction in or via the aquatic environment.

5.  Persistent hydrocarbons and persistent and bioaccumulable organic toxic substances.

6.  Cyanides.

7.  Metals and their compounds.

8.  Arsenic and its compounds.

9.  Biocides and plant health products.

10.  Materials in suspension.

11.  Substances which contribute to eutrophication (in particular, nitrates and phosphates).

12.  Substances which have an unfavourable influence on the oxygen balance (and can be measured using parameters such as BOD, COD, etc.).

Regulation 12(13)

SCHEDULE 6 COMPENSATION IN RELATION TO OFF-SITE CONDITIONS

1.—(1) This Schedule applies in any case where–

(a) an operator is required by an off-site condition in his permit to carry out works or do other things in relation to land not forming part of the site of the installation or mobile plant notwithstanding that he is not entitled to carry out the works or do the things;

(b) a person whose consent is required has, pursuant to the requirements of regulation 12(12), granted, or joined in granting, to the operator any rights in relation to the land; and

(c) those rights, or those rights together with other rights, are such as will enable the operator to comply with any requirements imposed on him by the off-site condition.

(2) In this Schedule–

“grantor” means a person mentioned in sub-paragraph (1)(b);

“relevant interest” means an interest in land out of which rights have been granted pursuant to the requirements of regulation 12(12).

2.  In a case where this Schedule applies, any person who has granted, or joined in granting, the rights in question shall be entitled to be paid compensation under this Schedule by the operator.

3.  Subject to paragraph 6(3) and (5)(b), compensation shall be payable under this Schedule for loss and damage of the following descriptions–

(a) depreciation in the value of any relevant interest to which the grantor is entitled which results from the grant of the rights;

(b) depreciation in the value of any other interest in land to which the grantor is entitled which results from the exercise of the rights;

(c) loss or damage, in relation to any relevant interest to which the grantor is entitled, which–

(i) is attributable to the grant of the rights or the exercise of them;

(ii) does not consist of depreciation in the value of that interest; and

(iii) is loss or damage for which he would have been entitled to compensation by way of compensation for disturbance if that interest had been acquired compulsorily under the Local Government Act (Northern Ireland) 1972(56) in pursuance of a notice of intention to vest served on the date on which the rights were granted;

(d) damage to, or injurious affection of, any interest in land to which the grantor is entitled which is not a relevant interest, and which results from the grant of the rights or the exercise of them;

(e) loss in respect of work carried out by or on behalf of the grantor which is rendered abortive by the grant of the rights or the exercise of them.

4.—(1) Subject to sub-paragraph (2), an entitlement to compensation under this Schedule arises on the date of the grant of the rights.

(2) Where, after a grant of rights pursuant to regulation 12(12), the conditions of the permit which rendered the grant of rights necessary are upheld on the final determination of an appeal against those conditions, the entitlement to compensation arises on the date of the final determination of the appeal.

5.—(1) An application for compensation under this Schedule shall be made by the grantor–

(a) within 12 months from the date on which the entitlement to compensation arises in his case; or, as he may decide,

(b) within six months from the date on which the rights are first exercised.

(2) An application shall be made in writing to the operator to whom the rights were granted and delivered at or sent by pre-paid post to the last known address for correspondence of that person.

(3) The application shall contain, or be accompanied by–

(a) a copy of the grant of rights in respect of which the grantor’s entitlement arises, and of any plans attached to that grant,

(b) a description of the exact nature of any interest in land in respect of which compensation is applied for,

(c) a statement of the amount of compensation applied for, distinguishing the amounts applied for under each of sub-paragraphs (a) to (e) of paragraph 3, and showing how the amount applied for under each sub-paragraph has been calculated, and

(d) where the date on which the entitlement to compensation arises is ascertained in accordance with paragraph 4(2), a copy of the notice of the final determination of the appeal.

6.—(1) The amount to be paid by way of compensation under this Schedule shall be assessed in accordance with the following sub-paragraphs.

(2) The rules set out in Article 6 of the Land Compensation (Northern Ireland) Order 1982(57) (rules for assessing compensation) shall, so far as applicable and subject to any necessary modifications, have effect for the purposes of this paragraph as they have effect for the purpose of assessing compensation for the compulsory acquisition of an interest in land.

(3) No account shall be taken of any enhancement of the value of any interest in land, by reason of any building erected, work done or improvement or alteration made on any land in which the grantor is, or was at the time of erection, doing or making, directly or indirectly concerned, if the Lands Tribunal is satisfied that the erection of the building, the doing of the work, the making of the improvement or the alteration was not reasonably necessary and was undertaken with a view to obtaining compensation or increased compensation.

(4) In calculating the amount of any loss under paragraph 3(e) expenditure incurred in the preparation of plans or on other similar preparatory matters, shall be taken into account.

(5) Where the interest in respect of which compensation is to be assessed is subject to a mortgage–

(a) the compensation shall be assessed as if the interest were not subject to the mortgage, and

(b) no compensation shall be payable in respect of the interest of the mortgagee (as distinct from the interest which is subject to the mortgage).

(6) Compensation under this Schedule shall include an amount equal to the grantor’s reasonable valuation and legal expenses.

7.—(1) Compensation payable under this Schedule in respect of an interest which is subject to a mortgage shall be paid to the mortgagee or, if there is more than one mortgagee, to the first mortgagee and shall, in either case, be applied by him as if it were proceeds of sale.

(2) Amounts of compensation determined under this Schedule shall be payable–

(a) where the operator and the grantor or mortgagee agree that a single payment is to be made on a specified date, on that date;

(b) where the operator and the grantor or mortgagee agree that payment is to be made in instalments at different dates, on the date agreed as regards each instalment;

(c) in any other case, subject to any direction of the Lands Tribunal or the court, as soon as reasonably practicable after the amount of the compensation has been finally determined.

(3) Any question of the application of paragraph 6(3) or of disputed compensation shall be referred to and determined by the Lands Tribunal.

(4) In relation to the determination of any such question, Articles 4 and 5 of the Land Compensation (Northern Ireland) Order 1982 (procedure on reference to the Lands Tribunal and costs) shall apply as if–

(a) the reference in Article 4(1) of that Order to Article 3 of that Order were a reference to sub-paragraph (3) of this paragraph, and

(b) references in Article 5 of that Order to the acquiring authority were references to the operator.

8.—(1) Compensation payable under this Schedule shall carry interest at the rate determined for the time being under paragraph 18 of Schedule 6 to the Local Government Act (Northern Ireland) 1972 from the date specified in sub-paragraph (2) until payment.

(2) The date specified in this sub-paragraph is–

(a) in the case of compensation payable by virtue of paragraph 3(a) or (b), the date of depreciation;

(b) in the case of compensation payable by virtue of paragraph 3(c), (d) or (e), the date on which the loss is sustained or the damage done or, where injurious affection is sustained, the date of the injurious affection;

(c) in the case of compensation payable by virtue of paragraph 6(6), the date on which the expenses become payable.

(3) If it appears to any person that he may become liable to pay to another compensation under this Schedule or interest under this paragraph he may, if the other person requests him in writing to do so, make one or more payments on account of such compensation or interest.

(4) If, after a payment has been made by any person under sub-paragraph (3)–

(a) it is agreed or determined that he is not liable to pay compensation or interest; or

(b) by reason of any agreement or determination, any payment under that sub-paragraph is shown to be excessive,

the payment or, as the case may be, excess shall be recoverable by that person.

Regulation 17

SCHEDULE 7 VARIATION OF CONDITIONS

PART 1 APPLICATIONS FOR VARIATION OF CONDITIONS

1.  An application under regulation 17(2) for the variation of the conditions of a permit shall be in writing and shall contain the following information–

(a) the name of the operator, his telephone number and address (including post code) and, if different, the address to which correspondence relating to the application should be sent;

(b) in the case of a permit to operate an installation or Part A mobile plant, the address of the site of the installation or mobile plant to which the permit applies;

(c) if appropriate, a description of the proposed change in the operation of the installation or mobile plant requiring the variation and a statement of any changes as respects the matters dealt with in paragraph 1(1)(f) to (k) of Schedule 4 which would result if the proposed change were made;

(d) in the case of a variation required by a proposed substantial change in the operation of a Part A installation, any relevant information obtained or conclusion arrived at in relation to the proposed change pursuant to articles 5, 6 and 7 of Council Directive 85/337/EEC on the assessment of the effects of certain public and private projects on the environment;

(e) an indication of the variations to the conditions of the permit which the operator wishes the enforcing authority to make;

(f) any additional information which the operator wishes the enforcing authority to take into account in considering his application.

2.  If a proposed change in the operation of a Part A installation or Part A mobile plant will result in additional land being included within the site of the installation or mobile plant, the application shall also contain a site report for that additional land describing the condition of the land, in particular, identifying any substance in, on or under the land which may constitute a pollution risk.

3.  The enforcing authority may, by notice in writing to the operator, require him to furnish such further information specified in the notice, within the period so specified, as the enforcing authority may require for the purpose of determining the application and if the operator fails to furnish the specified information within the period specified the application shall, if the enforcing authority gives notice in writing to the operator that it treats the failure as such, be deemed to have been withdrawn at the end of that period.

PART 2 DETERMINATION OF APPLICATIONS FOR VARIATIONS AND VARIATION NOTICES

4.—(1) Subject to sub-paragraphs (3) and (4), this paragraph applies where–

(a) an application is made for the variation of the conditions of a permit under regulation 17(2) which will authorise a substantial change in the operation of an installation or mobile plant; or

(b) the enforcing authority proposes to serve a variation notice under regulation 17(5) otherwise than for the purposes of determining an application mentioned in paragraph (a) and the variation will authorise a substantial change in the operation of an installation or mobile plant.

(2) Subject to sub-paragraphs (3) and (4), this paragraph shall also apply where an application is made for the variation of the conditions of a permit under regulation 17(2) or the enforcing authority proposes to serve a variation notice under regulation 17(5) and the enforcing authority determines that in the particular circumstances the procedure set out in the following sub-paragraphs should be followed even though no substantial change is involved (so that paragraph (1) does not apply).

(3) This paragraph shall not apply where the enforcing authority proposes to serve a variation notice–

(a) which has been modified to take account of representations made in accordance with this paragraph in relation to the enforcing authority’s previous proposal to serve the notice without the modifications; or

(b) in order to comply with a direction given by the Department.

(4) This paragraph shall not apply in relation to an application for the variation of the conditions of a permit or a proposed variation notice relating to an installation involving only the burning of waste oil (as defined in Section 1.1 of Part 1 of Schedule 1) in an appliance with a rated thermal input of less than 0.4 megawatts.

(5) Where this paragraph applies the enforcing authority shall–

(a) notify the operator in writing that the paragraph applies by virtue of sub-paragraph (1) or a determination under sub-paragraph (2), as the case may be, and of any fee prescribed in respect of the variation on the application of this paragraph under regulation 22;

(b) in the case of a proposed variation notice, serve a copy of the proposed notice on the operator;

(c) give notice in writing of the application or proposed variation notice, enclosing a copy of it, to the persons to whom notice would have to be given in accordance with paragraph 9 of Schedule 4 in the case of an application for a permit to operate the installation or mobile plant.

(6) In the case of an application to which this paragraph applies–

(a) the enforcing authority shall, subject to paragraph 15(a), comply with sub-paragraph (5) within 14 days of receiving the application;

(b) if the applicant does not pay to the enforcing authority any fee notified under sub-paragraph (5)(a) within 28 days of the notification the application shall be deemed to have been withdrawn.

(7) For the purpose of calculating the period of 14 days mentioned in sub-paragraph (6)(a) no account shall be taken of any period beginning with the date on which notice is served on an operator under paragraph 3 and ending on the date on which the operator furnishes the information specified in the notice.

(8) Subject to paragraph 15(b), an operator notified under sub-paragraph (5)(a) shall, within 28 days beginning on the day on which the notification is made, advertise the application or proposed variation notice, as the case may be–

(a) in the case of a variation affecting the operation of an installation or Part A mobile plant, in at least two newspapers circulating in the locality in which the installation or mobile plant is operated;

(b) in the case of a Part A installation or Part A mobile plant, in the Belfast Gazette.

(9) An advertisement required by sub-paragraph (8) shall–

(a) state the name of the operator;

(b) in the case of a variation affecting the operation of an installation or Part A mobile plant, state the address of the site of the installation or mobile plant concerned;

(c) describe briefly the activities in Part 1 of Schedule 1 carried out in the installation or by means of the mobile plant and the change in the operation of the installation or mobile plant that will be authorised by the variation;

(d) state where any register which contains particulars of the application or proposed variation notice may be inspected and that it may be inspected free of charge;

(e) explain that any person may make representations in writing to the enforcing authority within the period of 42 days beginning with the date of the advertisement and give the enforcing authority’s address for receiving the representations;

(f) explain that any such representations made by any person will be entered in a public register unless that person requests in writing that they should not be so entered, and that where such a request is made there will be included in the register a statement indicating only that representations have been made which have been the subject of such a request.

(10) Sub-paragraph (8) shall not apply in relation to an application for the variation of the conditions of a permit or a proposed variation notice relating to an installation which is only used to carry out an activity falling within paragraph (b) of Part C of Section 1.2 of Part 1 of Schedule 1 (unloading of petrol at service stations).

(11) Any representations made by any person within the period allowed shall be considered by the enforcing authority in determining the application or before serving the variation notice.

(12) For the purpose of sub-paragraph (11), the period allowed for making representations is–

(a) in the case of persons notified pursuant to sub-paragraph (5)(c), the period of 42 days beginning with the date on which notice of the application or proposed variation notice is given under that sub-paragraph;

(b) in the case of other persons, the period of 42 days beginning with the date on which the application or proposed variation notice is advertised pursuant to sub-paragraph (8).

(13) Where this paragraph applies by virtue of sub-paragraph (1) to a variation affecting the operation of a Part A installation, any relevant information obtained or conclusion arrived at pursuant to Articles 5, 6 and 7 of Council Directive 85/337/EEC on the assessment of the effects of certain public and private projects on the environment in relation to the substantial change shall be taken into consideration by the chief inspector in determining the application or before serving the variation notice.

5.—(1) If the enforcing authority proposes to serve a variation notice which will result in the inclusion of an off-site condition in the permit concerned, it shall, before serving the variation notice, give a notice which complies with sub-paragraph (3) to every person appearing to it to be a person falling within sub-paragraph (2).

(2) A person falls within this sub-paragraph if–

(a) he is the owner, lessee or occupier of land; and

(b) that land is land in relation to which it is likely that, as a consequence of the off-site condition in question, rights will have to be granted by virtue of regulation 12(12) to the holder of the permit.

(3) A notice served under sub-paragraph (1) shall–

(a) be in writing;

(b) set out the off-site condition in question;

(c) indicate the nature of the works or things which that condition might require the holder of the permit to carry out or do; and

(d) specify a period, not being less than 28 days beginning on the date on which the notice is served, in which representations may be made to the enforcing authority relating to the condition or its possible effects and the manner in which any such representations are to be made.

(4) In sub-paragraph (2), “owner” means the person who–

(a) is for the time being receiving the rack-rent of the land, whether on his own account or as agent or trustee for another person; or

(b) would receive the rack-rent if the land were let at a rack-rent,

but does not include a mortgagee not in possession.

(5) Any representations made by a person notified under sub-paragraph (1) within the period specified under sub-paragraph 3(d) shall be considered by the enforcing authority before serving the variation notice.

6.—(1) The Department may give directions to the enforcing authority requiring that any particular application under regulation 17(2) or any class of such applications shall be referred to it for determination pending a further direction under sub-paragraph (13).

(2) The enforcing authority shall inform the operator of the fact that his application is being referred to the Department and forward to the Department any representations which have been made to the enforcing authority within the period allowed.

(3) Where an application for the variation of the conditions of a permit is referred to it under sub-paragraph (1) the Department may afford the operator and the enforcing authority an opportunity of appearing before and being heard by a person appointed by it (the “appointed person”) and it shall do so in any case where a request is duly made by the operator or the enforcing authority to be so heard.

(4) A request under sub-paragraph (3) shall be in writing and shall be made within the period of 21 days beginning with the day on which the operator is informed that his application is being transmitted to the Department.

(5) A hearing held under sub-paragraph (3) may, if the appointed person so decides, be held wholly or to any extent, in private.

(6) Where the Department causes a hearing to be held under sub-paragraph (3) it shall give the operator and the enforcing authority at least 28 days notice (or such shorter period of notice as they may agree) of the date, time and place fixed for the holding of the hearing.

(7) In the case of a hearing under sub-paragraph (3) which is to be held wholly or partly in public, the Department shall, at least 21 days before the date fixed for the holding of the hearing–

(a) where the application relates to the operation of an installation or Part A mobile plant, publish a copy of the notice mentioned in sub-paragraph (6) in at least two newspapers circulating in the locality in which the installation or mobile plant is operated;

(b) serve a copy of that notice on every person required to be notified under paragraph 4(5)(c) of this Schedule and on any person who made representations to the enforcing authority with respect to the subject matter of the application.

(8) The Department may vary the date fixed for the holding of any hearing under sub-paragraph (3) and sub-paragraphs (6) and (7) shall apply to the variation of a date as they applied to the date originally fixed.

(9) The Department may also vary the time or place for the holding of a hearing under sub-paragraph (3) and shall give such notice of any variation as appears to it to be reasonable.

(10) The persons entitled to be heard at a hearing under sub-paragraph (3) are–

(a) the operator;

(b) the enforcing authority; and

(c) any person required under paragraph 4(5)(c) of this Schedule to be notified of the application.

(11) Nothing in sub-paragraph (10) shall prevent the appointed person from permitting any other persons to be heard at the hearing and such permission shall not be unreasonably withheld.

(12) After the conclusion of a hearing, the appointed person shall make a report in writing to the Department which shall include his conclusions and recommendations or his reasons for not making any recommendations.

(13) The Department shall, on determining any application referred to it under this paragraph, give to the enforcing authority such a direction as it thinks fit as to whether it is to grant the application and, if so, as to the conditions that are to be attached to the permit by means of the variation notice.

7.—(1) Except in a case where an application has been referred to the Department under paragraph 6 and subject to paragraph 10, the enforcing authority shall give notice of its determination of an application under regulation 17(2)–

(a) where the consultation and advertising procedure set out in paragraph 4 applies, within the period of six months beginning with the day on which the enforcing authority received the application;

(b) where that procedure does not apply, within the period of three months beginning with the day on which the enforcing authority received the application,

or, in either case, within such longer period as may be agreed with the operator.

(2) For the purpose of calculating the periods mentioned in sub-paragraphs (1)(a) and (b) no account shall be taken of–

(a) any period beginning with the date on which notice is served on an operator under paragraph 3 and ending on the date on which the operator furnishes the information specified in the notice;

(b) any period allowed for making representations in relation to a notice given pursuant to paragraph 5 in so far as that period does not overlap with any other period allowed for making representations in accordance with paragraph 4(12);

(c) where a matter falls to be determined under regulation 31or 32 any period beginning with the date on which the period of 28 days referred to in paragraph 4(8) ends and ending on the date on which the application is advertised in accordance with paragraph 15(b).

8.  If the enforcing authority fails to give notice of its determination of an application for a variation of the conditions of a permit within the period allowed by or under paragraph 7, the application shall, if the operator notifies the authority in writing that he treats the failure as such, be deemed to have been refused at the end of that period.

9.  Where the Department is aware that an application or proposal to serve a variation notice mentioned in paragraph 4(1) relates to a substantial change in the operation of an installation carrying out activities listed in Annex I to the Directive in Northern Ireland which is likely to have significant negative effects on the environment of another Member State, or where another Member State likely to be significantly affected so requests, the Department shall forward a copy of the application or proposed variation notice to the other Member State at the same time as it is advertised pursuant to paragraph 4(8) (or as soon as it becomes so aware or receives such a request, if it becomes so aware or receives such a request after the application or proposed variation notice is published but before the application is determined or the variation notice is served) in order that the application or proposed variation notice may serve as the basis for any consultations necessary in the framework of the bilateral relations between the United Kingdom and the other Member State on a reciprocal and equivalent basis, as referred to in Article 17 of the Directive.

10.  Where an application or proposal to serve a variation notice is forwarded to another Member State pursuant to paragraph 9 the Department shall notify the operator of the installation concerned and the chief inspector and–

(a) the chief inspector shall not determine the application (where the application has not been referred to the Department under paragraph 6) or serve the variation notice until the Department has notified him in writing that the bilateral consultations required by paragraph 9 have been completed and has forwarded to him any representations duly made on the application or proposed variation by persons in the other Member State which have been forwarded to the Department; and,

(b) in the case of an application to be determined by the chief inspector, the period within which to determine the application set out in paragraph 7(1)(a) shall begin on the day on which the chief inspector receives the Department’s notification that the bilateral consultations have been completed.

11.  In determining an application or before serving a variation notice which has been forwarded to another Member State pursuant to paragraph 9, the chief inspector, or, in the case of an application, the Department if the application has been referred to it, shall take into consideration any representations duly made in the other Member State which have been forwarded to the Department.

12.  In paragraphs 9 to 11, “Member State” shall be taken to include Norway, Iceland and Liechtenstein.

PART 3 NATIONAL SECURITY AND CONFIDENTIAL INFORMATION

13.  The requirements of paragraph 4(8) of this Schedule shall not apply in so far as they would require the advertisement of information mentioned in paragraph 4(9) which is not to be included in the register by virtue of regulation 31or 32

14.  Paragraphs 21 and 22 of Schedule 4 shall apply in relation to the requirement to give notice under paragraph 4(5)(c) of this Schedule as they apply to the requirement to give notice under paragraph 9 of that Schedule.

15.  Where a matter falls to be determined under regulation 31or 32–

(a) the period for notification under paragraph 4(5)(c) of this Schedule shall be the period of 14 days beginning 14 days after the day on which the matters to be determined under those regulations are finally disposed of;

(b) the period within which an advertisement is to be published under paragraph 4(8) shall be 28 days beginning 14 days after the day on which the matters to be determined under those regulations are finally disposed of.

16.  Paragraph 24 of Schedule 4 shall apply for the purpose of paragraph 15 as it applies for the purpose of paragraph 23 of that Schedule.

Regulation 27

SCHEDULE 8 SUPPLEMENTAL PROVISIONS WITH RESPECT TO POWERS OF ENTRY

1.  In this Schedule–

“relevant power” means a power conferred by regulation 27, including a power exercisable by virtue of a warrant under this Schedule;

“responsible authority”–

(a)

in relation to an inspector appointed under regulation 8(1), means the Department; and

(b)

in relation to an inspector appointed under regulation 8(5), means the district council by which he is appointed.

2.—(1) If it is shown to the satisfaction of a justice of the peace on sworn information in writing–

(a) that there are reasonable grounds for the exercise in relation to any premises of a relevant power; and

(b) that one or more of the conditions specified in sub-paragraph (2) is fulfilled in relation to those premises,

the justice of the peace may by warrant authorise an inspector to exercise the power in relation to those premises, in accordance with the warrant and, if need be, by force.

(2) The conditions mentioned in sub-paragraph (1)(b) are–

(a) that the exercise of the power in relation to the premises has been refused;

(b) that such a refusal is reasonably apprehended;

(c) that the premises are unoccupied;

(d) that the occupier is temporarily absent from the premises and the case is one of urgency; or

(e) that an application for admission to the premises would defeat the object of the proposed entry.

(3) In a case where paragraph (5) of regulation 27 applies, a justice of the peace shall not issue a warrant under this Schedule by virtue only of being satisfied that the exercise of a power in relation to any premises has been refused, or that a refusal is reasonably apprehended, unless he is also satisfied that the notice required by that paragraph has been given and that the period of that notice has expired.

(4) Every warrant under this Schedule shall continue in force until the purposes for which the warrant was issued have been fulfilled.

3.—(1) Subject to paragraph (10) of regulation 27, information obtained in consequence of the exercise of a relevant power, with or without the consent of any person, shall be admissible in evidence against that or any other person.

(2) Without prejudice to the generality of sub-paragraph (1), information obtained by means of monitoring or other apparatus installed on any premises in the exercise of a relevant power, with or without the consent of any person in occupation of the premises, shall be admissible in evidence in any proceedings against that or any other person.

4.  An inspector who, in the exercise of a relevant power, enters on any premises which are unoccupied or whose occupier is temporarily absent shall leave the premises as effectually secured against trespassers as he found them.

5.—(1) Where an inspector exercises any power conferred by regulation 27(3)(a) or (b) or (4), it shall be the duty of the responsible authority to make full compensation to any person who has sustained loss or damage by reason of–

(a) the exercise by the inspector of that power; or

(b) the performance of, or failure of the inspector to perform, the duty imposed by paragraph 4.

(2) Compensation shall not be payable by virtue of sub-paragraph (1) in respect of any loss or damage if the loss or damage–

(a) is attributable to the default of the person who sustained it; or

(b) is loss or damage in respect of which compensation is payable under any other provision of the pollution control statutory provisions.

(3) Any dispute as to a person’s entitlement to compensation under this paragraph, or as to the amount of any such compensation, shall be referred to and determined by the Lands Tribunal; and Articles 4 and 5 of the Land Compensation (Northern Ireland) Order 1982 (procedure on reference to the Lands Tribunal and costs) shall apply to any such determination.

Regulation 28

SCHEDULE 9 APPEALS FROM DECISIONS WITH RESPECT TO PERMITS

1.—(1) A person who wishes to appeal to the Planning Appeals Commission (“the Commission”) under regulation 28 shall give to the Commission written notice of the appeal, together with a statement of the grounds of the appeal.

(2) An appellant may withdraw an appeal by notifying the Commission in writing.

2.  Notice of appeal in accordance with paragraph 1 is to be given–

(a) in the case of an appeal under regulation 28(1) (a) to (e), before the expiry of the period of six months beginning with the date of the decision or deemed decision which is the subject matter of the appeal;

(b) in the case of an appeal under regulation 28(1)(f) before the expiry of the period of 21 days beginning with the date on which the determination is notified to the person concerned or the determination is deemed to have been made under regulation 32(4) as the case may be;

(c) in the case of an appeal under regulation 28(2) against a revocation notice, before the date on which the revocation takes effect;

(d) in the case of an appeal under regulation 28(2) against a variation notice, an enforcement notice or a suspension notice, before the expiry of the period of two months beginning with the date of the notice which is the subject matter of the appeal.

3.  The enforcing authority shall, within 14 days of receipt of notification of an appeal from the Commission, provide the Commission with names and addresses of–

(a) any person who was required to be given notice of the subject matter of the appeal under paragraph 9 of Schedule 4 or paragraph 4 (5)(c) of Schedule 7;

(b) any person who made representations to the enforcing authority with respect to the subject matter of the appeal; and

(c) any person who appears to the enforcing authority to have a particular interest in the subject matter of the appeal.

4.—(1) The Commission shall determine the appeal and paragraphs (1), (3), (4) and (5) of Article 111 of the Planning (Northern Ireland) Order 1991 shall apply in relation to the determination of the appeal as they apply in relation to the determination of an appeal under that Order.

(2) If either party to the appeal so requests, the Commission shall afford to each of them an opportunity of appearing before and being heard by the Commission.

(3) A hearing held under sub-paragraph (2) may, if the Commission so decides, be held wholly or held to any extent, in private.

Regulation 30

SCHEDULE 10 REGISTERS

1.  A register maintained by an enforcing authority under regulation 30 shall contain–

(a) all particulars of any application made to the enforcing authority for a permit;

(b) all particulars of any notice to the applicant by the enforcing authority under paragraph 4 of Schedule 4 and paragraph 3 of Schedule 7 and of any information furnished in response to such a notice;

(c) all particulars of any advertisement published pursuant to paragraph 5 of Schedule 4 or paragraph 4(8) of Schedule 7 and of any representations made by any person in response to such an advertisement, other than representations which the person who made them requested should not be placed in the register;

(d) in a case where any such representations are omitted from the register at the request of the person who made them, a statement by the enforcing authority that representations have been made which have been the subject of such a request (but such statement shall not identify the person who made the representations in question);

(e) all particulars of any representations made by any person required to be given notice under paragraph 9 of Schedule 4 or paragraph 4(5)(c) of Schedule 7;

(f) all particulars of any permit granted by the enforcing authority;

(g) all particulars of any notification to the enforcing authority given under regulation 16(1);

(h) all particulars of any application made to the enforcing authority for the variation, transfer or surrender of a permit;

(i) all particulars of any variation, transfer and surrender of any permit granted by the enforcing authority;

(j) all particulars of any revocation of a permit granted by the enforcing authority;

(k) all particulars of any enforcement notice or suspension notice issued by the enforcing authority;

(l) all particulars of any notice issued by the enforcing authority withdrawing an enforcement notice or a suspension notice;

(m) all particulars of any notice of appeal under regulation 28 against a decision by the enforcing authority or a notice served by the enforcing authority, along with a statement of the grounds of appeal, a copy of any relevant correspondence between the appellant and the enforcing authority and a copy of any decision or notice which is the subject matter of the appeal;

(n) all particulars of any representations with respect to the subject matter of the appeal made by any person mentioned in paragraph 3 of Schedule 9, other than representations which the person who made them requested should not be placed in the register;

(o) in a case where any such representations are omitted from the register at the request of the person who made them, a statement by the enforcing authority that representations have been made which have been the subject of such a request (but such statement shall not identify the person who made the representations in question);

(p) all particulars of any written notification of the determination by the Planning Appeals Commission of such an appeal and any report accompanying any such written notification;

(q) details of any conviction of or formal caution given to any person for any offence under regulation 33(1) which relates to the operation of an installation or mobile plant under a permit granted by the enforcing authority, or without such a permit in circumstances where one is required by regulation 9, including the name of the person, the date of conviction or formal caution, and, in the case of a conviction, the penalty imposed and the name of the Court;

(r) all particulars of any monitoring information relating to the operation of an installation or mobile plant under a permit granted by the enforcing authority which has been obtained by the enforcing authority as a result of its own monitoring or furnished to the enforcing authority in writing by virtue of a condition of the permit or under regulation 29(2);

(s) in a case where any such monitoring information is omitted from the register by virtue of regulation 32, a statement by the enforcing authority, based on the monitoring information from time to time obtained by or furnished to them, indicating whether or not there has been compliance with any relevant condition of the permit;

(t) all particulars of any other information furnished to the authority in compliance with a condition of the permit, a variation notice, enforcement notice or suspension notice, or regulation 29(2);

(u) all particulars of any report published by an enforcing authority relating to an assessment of the environmental consequences of the operation of an installation in the locality of premises where the installation is operated under a permit granted by the enforcing authority; and

(v) all particulars of any direction given to the enforcing authority by the Department under any provision of these Regulations.

2.  Where an application is withdrawn by the applicant at any time before it is determined, all particulars relating to that application which are already in the register shall be removed from the register not less than two months and not more than three months after the date of withdrawal of the application, and no further particulars relating to that application shall be entered in the register.

3.  Where, following the amendment of Schedule 1, these Regulations cease to apply to a description of installation or mobile plant, all particulars relating to installations or mobile plant of that description shall be removed from the register not less than two months and not more than three months after the date on which the amendment comes into force.

4.  Nothing in paragraph 1 shall require an enforcing authority to keep in a register maintained by it–

(a) monitoring information relating to a particular installation or a mobile plant four years after that information was entered in the register; or

(b) information relating to a particular installation or mobile plant which has been superseded by later information relating to that installation or mobile plant four years after that later information was entered in the register,

but this paragraph shall not apply to any aggregated monitoring data relating to overall emissions of any substance or class of substance from installations or mobile plant generally or from any class of installations or mobile plant.

5.  Any details of a formal caution included in a register pursuant to paragraph 1(q) shall be removed from the register after five years have elapsed since the date on which the caution was given.

Regulation 41

SCHEDULE 11 CONSEQUENTIAL AMENDMENTS

Pollution Control and Local Government (Northern Ireland) Order 1978

1.  In Article 38(1) of the Pollution Control and Local Government (Northern Ireland) Order 1978(58), at the end add–

“but a district council shall not, without the consent of the Department of the Environment, serve any such notice in respect of noise if proceedings in respect thereof might be initiated under regulations under Article 4 of the Environment (Northern Ireland) Order 2002.”.

Clean Air (Northern Ireland) Order 1981

2.  Immediately before Article 25 of the Clean Air (Northern Ireland) Order 1981(59) insert–

“Relation to Environment (Northern Ireland) Order 2002

24B.— (1) Where an activity is subject to regulations under Article 4 of the Environment (Northern Ireland) Order 2002 (regulation of polluting activities), Articles 3 to 24A shall not apply in respect of that activity, as from the determination date for the activity in question.

(2) The determination date, for an activity, is–

(a) in the case of an activity for which a permit is granted, the date on which it is granted, whether in pursuance of an application or following an appeal;

(b) in the case of an activity for which a permit is refused, the date of refusal, whether in pursuance of an application or following an appeal.

(3) In paragraph (2) “permit” means a permit under regulations under Article 4 of the Environment (Northern Ireland) Order 2002 and the reference to an appeal is a reference to an appeal under those regulations.”

Income and Corporation Taxes Act 1988

3.  In section 91A(6) of the Income and Corporation Taxes Act 1988 (waste disposal: restoration payments)(60), in paragraph (ba) after “1999” insert–

“or a permit under regulations under Article 4 of the Environment (Northern Ireland) Order 2002,”.

The Radioactive Substances (Hospitals) Exemption Order (Northern Ireland) 1993

4.  In the definition of “site licence” in Article 2(1) of the Radioactive Substances (Hospitals) Exemption Order (Northern Ireland) 1993(61), after “1978” insert–

“or a permit under the Pollution Prevention and Control Regulations (Northern Ireland) 2003.”

The Conservation (Natural Habitats, &c.) Regulations (Northern Ireland) 1995

5.  After regulation 63 of the Conservation (Natural Habitats, &c,) Regulations (Northern Ireland) 1995(62)insert–

“Permits under the Pollution Prevention and Control Regulations (Northern Ireland) 2003

63A.— (1) Regulations 43 and 44 (requirement to consider effect on European site) apply in relation to the granting of a permit under the Pollution Prevention and Control Regulations (Northern Ireland) 2003.

(2) Where in such a case the competent authority considers that any adverse effects of the plan or project on the integrity of the European site would be avoided if the permit were subject to conditions, it may grant a permit, or cause a permit to be granted, subject to those conditions.

(3) Regulations 45 and 46 (requirement to review existing decisions and consents, etc.) apply to any such permit as is mentioned in paragraph (1).

(4) Where on the review of such a permit the competent authority considers that any adverse effects on the integrity of a European site of the carrying out or, as the case may be, the continuation of activities authorised by it would be avoided by a variation of the permit, it may vary it, or cause it to be varied, accordingly.

(5) Where any question arises as to agreeing to a plan or project, or affirming a permit on review, under regulation 44 (considerations of overriding public interest), the competent authority shall refer the matter to the Department who shall determine the matter in accordance with that regulation and give directions to the authority accordingly.”

The Landfill Tax Regulations 1996

6.  In Regulation 33(4) of the Landfill Tax Regulations 1996(63), after paragraph (j) insert–

“(k) an enforcement notice served under regulation 24 of the Pollution Prevention and Control Regulations (Northern Ireland) 2003;

(l) a suspension notice served under regulation 25 of those Regulations;

(m) an order under regulation 36 of those Regulations.”

The Specified Risk Material Regulations (Northern Ireland) 1997

7.  The Specified Risk Material Regulations (Northern Ireland) 1997(64) have effect subject to the following amendments.

8.  In regulation 24(9)(a)(i) and (b)(i), after “1978” insert–

“or permit granted under the Pollution Prevention and Control Regulations (Northern Ireland) 2003.”

9.  In regulation 24(10), after “approved incinerator” insert–

“or an incinerator authorised under the Pollution Prevention and Control Regulations (Northern Ireland) 2003”

10.  In the second column of the table in Schedule 2, after “1990” in the entry corresponding to regulation 24(9) in the first column of the table insert–

“or authorised under the Pollution Prevention and Control Regulations (Northern Ireland) 2003.”

The Industrial Pollution Control (Northern Ireland) Order 1997

11.  In Article 6 (authorisations: general provisions) of the Industrial Pollution Control (Northern Ireland) Order 1997(65)–

(a) at the beginning of paragraph (6) insert “Subject to paragraph (6A) below”;

(b) after paragraph (6) insert–

“(6A) Paragraph (6) above shall not require a review of the conditions of an authorisation to be carried out if–

(a) the prescribed process covered by the authorisation is carried on in a new Part A installation or by means of a new Part A mobile plant;

(b) the prescribed process covered by the authorisation is carried on in an existing Part A installation or by means of an existing Part A mobile plant and the review would be carried out within the period of two years ending at the beginning of the relevant period for that installation or mobile plant; or

(c) the prescribed process covered by the authorisation is carried on in an existing Part B or Part C installation or by means of an existing Part B or Part C mobile plant and the review would be carried out within the period of two years ending on the relevant date for that installation or mobile plant.

(6B) In paragraph (6A) above, “new Part A installation”, “existing Part A installation”, “new Part A mobile plant”, “existing Part A mobile plant”, “relevant period”, “existing Part B or Part C installation”, “existing Part B or Part C mobile plant” and “relevant date” have the meaning given in Schedule 3 to the Pollution Prevention and Control Regulations (Northern Ireland) 2003.”

The Waste and Contaminated Land (Northern Ireland) Order 1997

12.  In Article 5(1) (duty of care as respects waste) of the Waste and Contaminated Land (Northern Ireland) Order 1997(66)–

(a) after sub-paragraph (a) insert–

“(aa) to prevent any contravention by any other person of regulation 9 of the Pollution Prevention and Control Regulations (Northern Ireland) 2003 or of a condition of a permit granted under regulation 10 of those Regulations;;”

(b) in sub-paragraph (c)(ii), after “that Article” insert “or any condition of a permit granted under regulation 10 of those Regulations”.

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

13.  After regulation 3 of the Industrial Pollution Control (Prescribed Processes and Substances) Regulations (Northern Ireland) 1998(67) insert–

“Exclusion of prescribed processes under control of the Pollution Prevention and Control Regulations (Northern Ireland) 2003

3A.— (1) Where a process which is being carried on under an authorisation requires a permit under the Pollution Prevention and Control Regulations (Northern Ireland) 2003 authorising the carrying on of that process in an installation or by means of mobile plant and an application is made (or deemed to have been made) under those Regulations for the permit, that process shall, from the determination date for the installation or mobile plant, as the case may be, no longer be taken to fall within the description in Schedule 1.

(2) Where a process which is not being carried on under an authorisation requires a permit under those Regulations authorising the carrying on of that process in an installation or by means of mobile plant, that process shall not be taken to fall within the description in Schedule 1 from the date on which the permit is required.

(3) In this regulation, “installation” and “mobile plant” have the meaning given in regulation 2(2) of the Pollution Prevention and Control Regulations (Northern Ireland) 2003 and “determination date” has the meaning given in Schedule 3 to those Regulations.”

The Special Waste Regulations (Northern Ireland) 1998

14.  In regulation 16(2) (restrictions on mixing special waste) of the Special Waste Regulations (Northern Ireland) 1998(68), in paragraph (a) after “1997” insert–

“or under a permit granted under the Pollution Prevention and Control Regulations (Northern Ireland) 2003.”

The Groundwater Regulations (Northern Ireland) 1998

15.  The Groundwater Regulations (Northern Ireland) 1998(69) have effect subject to the following amendments.

16.  In the definition of “authorisation” in regulation 2(1), delete “and” at the end of paragraph (b) and after paragraph (c) insert–

“and (d) a permit under the Pollution Prevention and Control Regulations (Northern Ireland) 2003 in so far as it authorises the operation of a Part A installation or a Part A mobile plant within the meaning of those Regulations;”.

17.  After “1997” in regulation 4 insert –

“and the Pollution Prevention and Control Regulations (Northern Ireland) 2003.”

The Controlled Waste (Registration of Carriers and Seizure of Vehicles) Regulations (Northern Ireland) 1999

18.  At the end of Schedule 1 to the Controlled Waste (Registration of Carriers and Seizure of Vehicles) Regulations (Northern Ireland) 1999(70) insert “the Pollution Prevention and Control Regulations (Northern Ireland) 2003”.

The Controlled Waste (Duty of Care) Regulations (Northern Ireland) 2002

19.  In the Table in regulation 2 of the Controlled Waste (Duty of Care) Regulations (Northern Ireland) 2002(71), after the second entry in column 1 insert–

“A person who is the holder of a permit under the Pollution Prevention and Control Regulations (Northern Ireland) 2003 which authorises the carrying out of a specified waste management activity within the meaning of those Regulations.”

Explanatory Note

(This note is not part of the Order)

These Regulations are made under Article 4 of the Environment (Northern Ireland) Order 2002. They set out a pollution control regime for the purpose of implementing the Integrated Pollution Prevention and Control Directive (Council Directive 96/61/EC) and for regulating other environmentally polluting activities not covered by the Directive. The Regulations apply to Northern Ireland.

The list of controlled activities and the type of pollution control

The Regulations control the operation of any installations or mobile plant carrying out any of the activities listed in Part 1 of Schedule 1 to the Regulations. Installations or mobile plant used to carry out activities listed under the heading “Part A” in Part 1 of Schedule 1 (Part A installations and mobile plant) are subject to integrated pollution control by the Chief Inspector. Those used to carry out activities listed under the heading “Part B” (Part B installations and mobile plant) are subject to air pollution control by the Chief Inspector. Those used to carry out activities listed under the heading “Part C” (Part C installations and mobile plant) are subject to air pollution control by district councils. Part 2 of Schedule 1 sets out some rules for the interpretation of Part 1 of the Schedule. Part 3 of Schedule 1 sets out rules for the interpretation of “Part A installation” etc.

Procedural and substantive requirements

Part 1 of the Regulations (regulations 1 to 8) sets out general provisions. There are definitions in regulations 2 and 3. Regulation 7 determines which installations and mobile plant are regulated by the Chief Inspector and which by the district councils (see above). Regulation 8 deals with the appointment of the chief inspector and other inspectors.

Part 2 deals with the need for a permit to operate an installation or mobile plant covered by the Regulations (regulation 9), the procedure for granting permits and the contents of permits (regulations 10 to 14 and Schedules 4 and 5), and the treatment of permits once granted (regulations 15 to 21 and Schedule 7). The basic requirement for conditions of permits (regulation 12) is to impose emission limit values based on the best available techniques. (“Best available techniques” is defined in regulation 2 and Schedule 2 sets out considerations which have to be taken into account when determining the best available techniques). Schedule 6 sets out the compensation provisions applicable where a person is required under regulation 12 to allow an operator of an installation or Part A mobile plant to carry out work on that person’s land. Regulation 13 provides for the Department to notify the chief inspector of conditions which it considers appropriate in relation to preventing or reducing emissions to water from Part A installations and mobile plant regulated by the chief inspector. Regulation 14 enables the Department to make general binding rules containing requirements which may apply instead of conditions included in permits. Regulations 15 and 17 to 21 and Schedule 7 deal with the review, variation, transfer, surrender and revocation of permits. Regulation 16 requires the operator of a permitted installation to give the enforcing authority notice of any proposed change in the operation of that installation. Regulation 22 provides for the Department to make charging schemes setting fees and charges to be paid in respect of applications made under the Regulations and in respect of variations, transfers, surrenders, appeals and the subsistence of permits.

Part 3 (regulations 23 to 27) contains the enforcement powers under the Regulations. Part 4 (regulation 28) and Schedule 9 provide for appeals to the Planning Appeals Commission. Part 5 (regulations 29 to 32) and Schedule 10 set out information gathering powers and publicity requirements. Part 6 (regulations 33 to 36) sets out offences for contraventions of the Regulations and provides for enforcement by the High Court and the admissibility of evidence. Part 7 (regulations 37 to 39) enables the Department to give directions and guidance to enforcing authorities and to make plans relating to emissions. Part 8 and Schedule 11 deal with the disclosure of information and the consequential amendments required by the introduction of the pollution control regimes in the Regulations.

Transitional provisions

Schedule 3 sets out the transitional provisions for bringing installations and mobile plant under the control of the Regulations. Installations and mobile plant will be phased into the Regulations over a five year period. These Regulations will supersede the controls in the Industrial Pollution Control (Northern Ireland) Order 1997 and, consequently, that Order will in due course be repealed.

A regulatory impact assessment has been prepared and copies can be obtained from Environmental Policy Division, Department of the Environment, 20-24 Donegall Street, Belfast BT1 2GP. A copy has been placed in the Assembly library.

Copies of the British Standards publications referred to in these Regulations may be obtained from any of the sales outlets operated by the British Standards Institution or by post from the British Standards Institution at Standards House, 389 Chiswick High Road, London W4 4AL.

(1)

2000 c. 1 (NI)

(2)

S.I. 2002/3153 (NI 7)

(3)

Article 4(7) of the 2002 Order requires that a draft of the Regulations be laid before, and be approved by a resolution of, the Assembly. Paragraph 7 of the Schedule to the Northern Ireland Act 2000 provides that those conditions do not apply while section 1 of that Act is in force.

(4)

1954 c. 33 (NI)

(5)

OJ No. L 257, 10.10.96, p.26

(6)

S.I. 1991/1220 (NI 11)

(7)

OJ No. L 246,17.9.80, p.1, as amended by Council Directive 84/467/Euratom (OJ No. L 265, 5.10.84, p.4)

(8)

OJ No. L 117, 8.5.90, p.1

(9)

OJ No. L 117, 8.5.90, p.15

(10)

S.I. 1973/70 (NI 2)

(11)

1878 c. 52

(12)

1972 c. 9

(13)

S.I. 1978/1049 (NI 19)

(14)

S.R. 1981 No. 252

(15)

1985 c. 48

(16)

S.I. 1988/1562

(17)

S.I. 1988/2292

(18)

S.I. 1994/1137

(19)

1996 c. 8

(20)

S.I. 1997/2778 (NI 19)

(21)

S.I. 1997/2777 (NI 18)

(22)

S.R. 1998 No. 289

(23)

S.I. 1999/662 (NI 6)

(24)

OJ No. L 194, 25.7.75, p.39, as amended by Council Directives 91/156/EEC (OJ No. L 78, 26.3.91, p.32) and 91/692/EEC (OJ No. L 377, 31.12.91, p.48) and Commission Decision 96/350/EC (OJ No. L 135, 6.6.96, p.32)

(25)

See, for example, in relation to air quality standards, Council Directives 80/779/EEC (sulphur dioxide and suspended particulates) (OJ No. L 229, 30.8.80, p.30), 82/884/EEC (lead) (OJ No. L 378, 31.12.82, p.15), 85/293/EEC (nitrogen dioxide) (OJ No. L 87, 27.3.85, p.1) and 92/72/EEC (ozone) (OJ No. L 297, 13.10.92, p.1). In relation to water quality standards, see, for example, Council Directives 75/440 (quality required of surface freshwater intended for the abstraction of drinking water) (OJ No. L 194, 25.7.75, p.48), 78/659/EEC (quality required of freshwaters in order to support fish life) (OJ No. L 222, 14.8.78, p.1) and 79/923/EEC (quality required of shellfish waters) (OJ No. L 281,10.11.79, p.47)

(26)

SR 2000 No. 93

(27)

1972 c. 68

(28)

S.I. 1981/154 (NI 1)

(29)

OJ No. L 365, 31.12.94, p.24

(30)

1993 c. 12

(31)

SR 1992 No. 254

(32)

OJ No. L 377, 31.12.91, p.20

(33)

OJ No. L 163, 14.6.89, p.32

(34)

OJ No. L 203, 15.7.89, p.50

(35)

OJ No. L 194, 25.7.75, p.23

(36)

See, in particular Council Directive 96/59/EC (OJ No. L 243, 24.9.96, p.31)

(37)

OJ No. L 194, 25.7.75, p.39; amended by Council Directives 91/56/EEC (OJ No. L 78, 26.3.91, p.32) and 91/692/EEC (OJ No. L 377, 31.12.91, p.48) and Commission Decision 96/350/EC (OJ No. L 135, 6.6.96, p.32)

(38)

OJ No. L 307, 27.11.75, p.22

(39)

SR 2002 No. 209

(40)

S.I. 1999/662 (NI 6)

(41)

S.I. 1986/594 (NI 3)

(42)

S.I. 1997/2777 (NI 18)

(43)

S.I. 1978/1049 (NI 19)

(44)

S.I. 1991/1220 (NI 11)

(45)

S.I. 1986/1032 (NI 6)

(46)

OJ No. L 175, 5.7.85, p.40 (as amended by Council Directive 97/11/EC (OJ No. L 73, 14.3.97, p.5))

(47)

See section 1 of the Food Standards Act 1999 (c. 28)

(48)

SR 2000 No. 93

(49)

SR 1995 No. 380

(50)

1970 c. 1 (NI)

(51)

S.I. 1978/1039 (NI 9)

(52)

S.I. 1972/1265 (NI 14)

(53)

See Schedule 1 to the North/South Co-operation (Implementation Bodies) (Northern Ireland) Order 1999 (S.I. 1999/859)

(54)

1929 c. 13 (NI)

(55)

The Directive is extended to the European Economic Area by the decision of the EEA Joint Committee No. 27/97 of 30.4.97 (OJ No. L 242, 4.9.97, p. 76)

(56)

1972 c. 9

(57)

S.I. 1982/712 (NI 9)

(58)

S.I. 1978/1049 (NI 19)

(59)

S.I. 1981/158 (NI 4)

(60)

1988 c. 1; section 91A was inserted by section 78 of the Finance Act 1990 (c. 29) and amended by section 110 of the Finance Act 1993 (c. 34).

(61)

SR 1993 No. 54

(62)

SR 1995 No. 380

(63)

S.I. 1996/1527

(64)

SR 1997 No. 552

(65)

S.I. 1997/2777 (NI 18)

(66)

S.I. 1997/2778 (NI 19)

(67)

SR 1998 No. 28

(68)

SR 1998 No. 289

(69)

SR 1998 No. 401

(70)

SR 1999 No. 362

(71)

SR 2002 No. 271