SCHEDULES
SCHEDULE 3PRESCRIBED DATE AND TRANSITIONAL ARRANGEMENTS
PART 1PART A INSTALLATIONS AND MOBILE PLANT
1
Save as set out in paragraph 2(b), for a Part A installation or Part A mobile plant which comes into operation after 6th January 2013, the prescribed date is 7th January 2013.
2
For a Part A installation or Part A mobile plant—
a
which has a permit under the Pollution Prevention and Control Regulations (Northern Ireland) 200336 valid until 6th January 2014; or
b
for which a duly made permit application was submitted before 7th January 2013 and which will come into operation before 7th January 2014,
the prescribed date is 7th January 2014.
3
For a Part A installation or Part A mobile plant where the activity carried out in the installation or mobile plant is not listed in Schedule 1 to the Pollution Prevention and Control Regulations (Northern Ireland) 2003 and which came into operation before 7th January 2013 and until 6th July 2015 had a relevant authorisation, the prescribed date is 7th July 2015.
4
For any Part A installation or Part A mobile plant, other than those specified in paragraphs 1 to 3 of this Part, the prescribed date is 7th January 2013.
Interpretation of Part 1
“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 before 7th January 2013 required a waste management licence under the Waste Management Licensing Regulations (Northern Ireland) 200337, a licence under those Regulations; or
- b
in any other case, planning permission granted under the Planning (Northern Ireland) Order 199138.
- a
PART 2PART B AND PART C INSTALLATIONS AND MOBILE PLANT
5
The prescribed date for a Part B or Part C installation or a new Part B or Part C mobile plant is 7th January 2013.
PART 3TRANSITIONAL ARRANGEMENTS
6
1
The enforcing authority may accept a permit issued under the Pollution Prevention and Control Regulations (Northern Ireland) 2003 as a permit for the purposes of these Regulations after the prescribed date.
2
A permit issued under the Pollution Prevention and Control Regulations (Northern Ireland) 2003, which is accepted as a permit for the purposes of these Regulations, and which authorises an activity listed in Schedule 1 of these Regulations shall be deemed to contain the appropriate activity description from Schedule 1 of these Regulations.
3
A Part A permit, or a permit for an activity listed in section 7 of Schedule 1, which is accepted as a permit for the purposes of these Regulations, is deemed to contain the following conditions, unless such conditions are included in the permit—
a
in the event that the operation of an installation or mobile plant gives rise to an incident or accident which significantly affects the environment, the operator must immediately—
i
inform the regulator;
ii
take the measures necessary to limit the environmental consequences of such an incident or accident; and
iii
take the measures necessary to prevent further possible incidents or accidents;
b
in the event of a breach of any permit condition the operator of an installation or mobile plant must immediately—
i
inform the regulator; and
ii
take the measures necessary to ensure that compliance is restored within the shortest possible time;
c
in the event of a breach of any permit condition which poses an immediate danger to human health or threatens to cause an immediate significant adverse effect on the environment, the operator of a regulated facility must immediately suspend the operation of the installation or mobile plant or the relevant part of it until compliance with the permit conditions has been restored.
7
The enforcing authority must ensure that the permit is fully compliant with these Regulations after the prescribed date.
PART 4APPLICATION OF THE POLLUTION PREVENTION AND CONTROL REGULATIONS (NORTHERN IRELAND) 2003
8
The Pollution Prevention and Control Regulations (Northern Ireland) 2003 shall not apply to any installation or mobile plant permitted under these Regulations.