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.