Review, modification and revocation of storage permits
11.—(1) Subject to paragraph (2), where a notification is given under the provisions in a storage permit included by virtue of regulation 9(1)(i) and paragraph 4(1) of Schedule 2, the authority—
(a)may make such modifications to a storage permit as the authority considers appropriate; and
(b)shall notify the operator of—
(i)the modifications to be made;
(ii)the date on which the modifications are to come into effect; and
(iii)the date on which the change in question may be implemented.
(2) Where it appears to the authority that the matters so notified would amount to a substantial change, the authority shall—
(a)make such modifications to a storage permit as the authority considers appropriate (and give a notification in accordance with paragraph (1)(b)); or
(b)notify the operator that the change may not be implemented.
(3) The authority shall give a notification under paragraph (1)(b) or (2) on or before—
(a)the date (“the target date”) on which the operator proposes to implement the change notified to the authority under the provisions in a storage permit included by virtue of regulation 9(1)(i) and paragraph 4(1) of Schedule 2; or
(b)if the authority considers more time is required to allow it to give the notification, the later date notified by the authority under paragraph (4).
(4) The authority shall notify the operator of the later date—
(a)no less than one week before the target date; or
(b)if one or more later dates have already been notified by the authority, no less than one week before the date last notified.
(5) This paragraph applies where the authority becomes aware of—
(a)any (or any risk of) leakages or significant irregularities;
(b)any breach of the terms or conditions of the storage permit; or
(c)any scientific finding or technological development which appears to have a bearing on the conduct of operations at the storage site.
(6) The authority shall consider whether to modify or revoke a storage permit—
(a)where paragraph (5) applies; and
(b)in any event, on the date (“the review date”) falling on the fifth anniversary of the grant of a storage permit, and subsequently on every tenth anniversary of the review date.
(7) Following that consideration, the authority may—
(a)make such modifications to a storage permit as the authority considers appropriate; or
(b)if it decides that modifications to a storage permit would be insufficient in the light of the matters referred to in paragraph (5), revoke the permit.
(8) Before making any modification to a storage permit or revoking a storage permit under this regulation, the authority shall consult the operator and any other licence holder.