Powers and duties of the authority

Review, modification and revocation of storage permit10

1

Subject to paragraph (2), where a notification is made in accordance with provisions in the storage permit included by virtue of regulation 8(d) and paragraph 4 of Schedule 2, the authority—

a

may make such modifications to the storage permit as the authority considers appropriate; and

b

must notify the operator of—

i

the date on which any such modifications are to come into effect; and

ii

the date on which the change may be implemented.

2

Where it appears to the authority that the matters so notified would amount to a substantial change, the authority must—

a

make such modifications to the storage permit as the authority considers appropriate (and make a notification in accordance with paragraph (1)(b)); or

b

notify the operator that the change must not be implemented.

3

The authority must make a notification under paragraph (1)(b) or (2) on or before—

a

the date (“the target date”) on which the operator proposes to implement a change notified under provisions in the storage permit included by virtue of regulation 8(d) and paragraph 4(1) of Schedule 2; or

b

a later date if the authority considers more time is required to allow it to make a notification.

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 most recently 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 must consider whether to modify or revoke the storage permit—

a

where paragraph (5) applies; and

b

on the date (“the review date”) falling on the fifth anniversary of the grant of the storage permit, and on every tenth anniversary of the review date.

7

Following that consideration, the authority may—

a

make such modifications to the storage permit as the authority considers appropriate; or

b

if it decides that modification of the permit would be insufficient in the light of the matters referred to in paragraph (5), revoke the permit.

8

Before making any revocation or modification under this regulation, the authority must consult the operator and any other licence holder.