The Environmental Protection (Authorisation of Processes) (Determination Periods) Order 1991

Explanatory Note

(This note is not part of the Order)

This Order varies the period available to enforcing authorities to consider applications under Part I of the Environmental Protection Act 1990 for authorisation to carry on prescribed processes.

Where the exclusion from public registers of information affecting national security or certain confidential information is to be considered, article 2 of the Order provides for the period laid down in the Act (4 months beginning with the day the enforcing authority receives the application) to begin when that consideration is completed.

Article 3 of the Order makes provision in relation to processes for which local authority authorisation is required in accordance with the Environmental Protection (Prescribed Processes and Substances) Regulations 1991.

Article 3 generally extends the period laid down in the Act (4 months) to 12 months in England and Wales and 9 months in Scotland for processes which are existing processes when those Regulations come into force: but

(i) a period of 14 days is specified for new small heating installations using waste or recovered oil generated on the same premises such as heaters in commercial garages using oil drained from vehicles there;

(ii) a period of 18 months or, in Scotland, 15 months is specified for other existing small heating installations using waste or recovered oil.