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The Waste Incineration (Scotland) Regulations 2003

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Applications in relation to existing waste incineration installations or mobile plants

3.—(1) Subject to paragraph (4) below, where an existing waste incineration installation or mobile plant is on 31st December 2004 subject to a permit, the operator shall during the period beginning with 1st January 2005 and ending with 31st March 2005 make an application under regulation 13 of the 2000 Regulations for a variation of the conditions of that permit.

(2) Subject to paragraph (4) below, where an existing waste incineration installation or mobile plant (other than one mentioned in Section 5.1 of Part 1 of Schedule 1 to the 2000 Regulations), is on 31st December 2004 subject to an authorisation, the operator shall during the period beginning with 1st January 2005 and ending with 31st March 2005 make an application in one of the following forms:–

(a)an application for a variation of the conditions of an authorisation under section 11 of the 1990 Act; or

(b)an application for a permit under regulation 7 of the 2000 Regulations.

(3) An application made under paragraphs (1) or (2) shall contain (in addition to any other information which may be required), the information specified in paragraph 1B of Part 1 of Schedule 4 to the 2000 Regulations.

(4) With the consent of the Scottish Environment Protection Agency, an application under paragraph (1) or (2) may be made before the beginning of the periods specified in those paragraphs.

(5) Where a waste incineration installation or mobile plant would have fallen within paragraph (a)(ii), (b)(ii) or (b)(iii) of the definition of existing waste incineration installation or mobile plant in regulation 2(1) had it been put into operation before the date specified in the applicable paragraph, it shall not be put into operation after that date unless–

(a)in the case of an installation or mobile plant which is already subject to a permit, the permit is varied pursuant to an application under regulation 13 of the 2000 Regulations; or

(b)in any other case, a permit is granted in relation to the installation.

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