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The Offshore Chemicals Regulations 2002

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Reconsideration of permits and permit conditions

12.—(1) The Secretary of State may at such intervals as she shall think fit review any permit granted in accordance with these Regulations, together with the conditions attached to the permit.

(2) The Secretary of State shall review the conditions of a permit where in her opinion the pollution or risk of pollution caused by the use or discharge of an offshore chemical is of such significance that any existing restrictions on the quantity, frequency or location of the use or discharge of such offshore chemical contained in a permit should be revised or new restrictions on the quantity, frequency or location should be included in the permit.

(3) Where the Secretary of State considers that the conditions of a permit should be revised she shall give notice to the operator concerned of her intention to revise the permit and such notice shall—

(a)give details of the conditions of the revised permit; and

(b)specify a day (not less than 14 days after the day on which such notice is given) on which the revised permit will have effect.

(4) The operator may make representations in writing as to whether the permit should be revised and as to the conditions of the revised permit.

(5) Where no representations are received prior to the day specified under paragraph (3)(b), the permit shall be revised with effect from that day.

(6) Where representations are received prior to the day specified under paragraph (3)(b), the Secretary of State shall consider them in determining whether or not the permit should be revised as originally notified under paragraph (3) and may determine—

(a)that the permit shall be revised with effect from a later day than the day specified under paragraph (3)(b); and

(b)that the permit shall be revised otherwise than as originally notified.

(7) In exercising her powers under this regulation, the Secretary of State may take into account any relevant representations made by the consultation parties.

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