The Environmental Protection (Applications, Appeals and Registers) Regulations 1991

Consultation

4.—(1) Subject to regulations 6 and 7(2) below, the persons to be consulted under paragraph 2, 6 or 7 of Schedule 1 to the 1990 Act are—

(a)the Health and Safety Executive, in all cases;

(b)the Minister of Agriculture, Fisheries and Food, in the case of all prescribed processes designated for central control which will be carried on in England;

(c)the Secretary of State for Wales, in the case of all prescribed processes designated for central control which will be carried on in Wales;

(d)the Secretary of State for Scotland, in the case of all prescribed processes designated for central control which will be carried on in Scotland;

(e)the National Rivers Authority, in the case of all prescribed processes designated for central control which will be carried on in England and Wales and which may result in the release of any substance into waters which are controlled waters for the purposes of Chapter I of Part III of the Water Act 1989(1);

(f)the sewerage undertaker or, in relation to Scotland, the regional or islands council, in the case of all prescribed processes designated for central control which may involve the release of any substance into a sewer vested in the undertaker or the council;

(g)the Nature Conservancy Council for England, the Nature Conservancy Council for Scotland or the Countryside Council for Wales—

(i)in the case of all prescribed processes designated for central control which may involve a release of any substance;

(ii)in the case of all prescribed processes designated for local control which may involve a release of any substance into the air,

which may affect a site of special scientific interest within the Council’s area;

(h)the harbour authority, in the case of all prescribed processes designated for central control which may involve a release of any substance into a harbour managed by the harbour authority.

(2) Subject to regulation 7(5)(a) below, the period for notification under paragraph 2(1), 6(2) or 7(2) of Schedule 1 to the 1990 Act shall be the period of 14 days beginning with—

(a)in the case of a notification under paragraph 2(1), the day on which the enforcing authority receives the application for an authorisation;

(b)in the case of a notification under paragraph 6(2), the day on which the authority notifies the holder of an authorisation in accordance with section 10(5) of that Act; and

(c)in the case of a notification under paragraph 7(2), the day on which the authority receives the application for a variation of an authorisation.

(3) In paragraph (1)(h) above and regulation 7(3)(c) below, “harbour authority” has the same meaning as in section 57(1) of the Harbours Act 1964(2).