SCHEDULES

SCHEDULE 3PRESCRIBED DATE AND TRANSITIONAL ARRANGEMENTS

Regulation 9

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—

    1. 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

    2. b

      in any other case, planning permission granted under the Planning (Northern Ireland) Order 199138.

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.