6.—(1) Subject to paragraph (5), this regulation applies where an application for a storage permit in respect of a relevant storage site is considered by the Department.
(2) Subject to paragraph (4), where the Department grants the storage permit, it may grant it subject to a condition (a “variation condition”) in accordance with paragraph (3) if the Department is satisfied that—
(a)there is evidence of demand existing or likely to arise for the grant of storage permits for the construction of further relevant storage sites to be designed for the storage of carbon dioxide;
(b)compliance with the variation condition will not prejudice the safety or environmental integrity of the relevant storage site concerned; and
(c)compliance with the variation condition will not prejudice the efficient operation of the relevant storage site concerned.
(3) A variation condition may require—
(a)the capacity of the relevant storage site to which it relates or of any part of that relevant storage site to be greater than that proposed in the application for the storage permit; or
(b)the design of the relevant storage site to which it relates to be modified, including by the addition of a junction through which a carbon dioxide pipe-line may be connected to the relevant storage site.
(4) Before exercising the powers conferred by paragraph (2) and regulation 8(1), the Department shall give an opportunity to be heard to—
(a)the applicant for the storage permit;
(b)any other person who made representations to the Department as to the matters set out in paragraph (2) or (3);
(c)any person with a right to have carbon dioxide stored in the proposed relevant storage site;
(d)the Health and Safety Executive for Northern Ireland;
(e)the planning authority or, in the case of an offshore relevant storage site, the Crown Estate Commissioners.