The Pollution Prevention and Control (England and Wales) Regulations 2000

9.—(1) Subject to paragraph 23, the regulator shall, within 14 days of receiving an application for a permit, give notice of the application, enclosing a copy of it, to the following persons—

(a) in the case of an application for a permit to operate an installation or Part A mobile plant, the Health Authority in whose area the installation or mobile plant will be operated;

(b) in the case of an application for a permit to operate a Part A installation or Part A mobile plant—

(i) the Food Standards Agency(1);

(ii) where the operation of the installation or mobile plant may involve the release of any substance into a sewer vested in a sewerage undertaker, that undertaker;

(iii) where the operation of the installation or mobile plant may involve an emission which may affect a site of special scientific interest or a European site, the Nature Conservancy Council for England, where the site is in England, the Countryside Council for Wales, where the site is in Wales, and Scottish National Heritage, where the site is in Scotland(2);

(iv) where the operation of the installation or mobile plant may involve the release of any substance into a harbour managed by a harbour authority, that harbour authority;

(v) where the operation of the installation or mobile plant may involve the release of any substance directly into relevant territorial waters or coastal waters within the sea fisheries district of a local fisheries committee, that committee;

(vi) where the application will be determined by the Environment Agency, the local authority regulator in whose area the installation or mobile plant will be operated;

(vii) where the application will be determined by a local authority regulator, the Environment Agency;

(viii) where the operation of the installation or mobile plant will involve the carrying out of a specified waste management activity, the relevant planning authority;

(ix) where the installation or the mobile plant will be operated in Wales, the Secretary of State for Wales;

(c) in the case of an application for a permit to operate a Part B installation where the operation of the installation may involve an emission which may affect a site of special scientific interest or a European site, the Nature Conservancy Council for England, where the site is in England, the Countryside Council for Wales, where the site is in Wales, and Scottish National Heritage, where the site is in Scotland;

(d) in the case of an application for a permit to operate a Part A installation or a Part B installation on a site in respect of which a nuclear site licence is required under section 1 of the Nuclear Installations Act 1965(3), a major accident prevention policy document is required under regulation 5 of the Control of Major Accident Hazards Regulations 1999(4) or a safety report is required under regulation 7 of those Regulations, the Health and Safety Executive(5);

(e) in the case of an application for a permit to operate a Part B installation involving only the carrying out of an activity falling within paragraph (d) of Part B of Section 1.2 of Part 1 of Schedule 1 (unloading of petrol at service stations), the petroleum licensing authority for that installation;

(f) in the case of all applications, such other persons as the Secretary of State may direct.

(2) In sub-paragraph (1)—

• “European site” has the same meaning as in regulation 10(1) of the Conservation (Natural Habitats, &c.) Regulations 1994(6);

• “harbour authority” has the same meaning as in section 57(1) of the Harbours Act 1964(7);

• “health authority” means an authority established under section 8 of the National Health Service Act 1977(8);

• “local fisheries committee” means a committee constituted under section 1(1)(c) of the Sea Fisheries Regulation Act 1966(9) and the reference to the sea fisheries district of such a committee refers to the district of that committee created under section 1(1)(a) of that Act;

• “petroleum licensing authority” means a local authority empowered to grant petroleum spirit licences under the Petroleum (Consolidation) Act 1928(10);

• “relevant planning authority” means, in relation to an application for a permit to operate an installation which will involve the carrying out of a specified waste management activity, the authority to whom it would fall to determine an application for planning permission authorising the use of the application site for the carrying out of that activity under the Town and Country Planning Act 1990 (assuming that there was no direction under section 77 of that Act(11) (reference of applications to the Secretary of State)).

(1)

See section 1 of the Food Standards Act 1999 (c. 28).

(2)

See section 128 of the Environmental Protection Act 1990 (c. 43) and section 1 of the Natural Heritage (Scotland) Act 1991 (c. 28).

(3)

1965 c. 57: section 1 was amended by S.I. 1974/2056 and S.I. 1990/1918.

(4)

S.I. 1999/743.

(5)

See section 10 of the Health and Safety at Work etc Act 1974 (c. 37).

(6)

S.I. 1994/2716; regulation 10(1) was amended by S.I. 2000/192.

(7)

1964 c. 40.

(8)

1977 c. 49; section 8 was substituted by section 1(1) of the Health Authorities Act 1995 (c. 17).

(9)

1966 c. 38; section 1 was amended by the Local Government Act 1972 (c. 70), Schedule 30 and the Local Government Act 1985 (c. 51), Schedule 8.

(10)

1928 c. 32 (18 & 19 Geo.V).

(11)

Section 77 was amended by the Planning and Compensation Act 1991 (c. 34), Schedule 7, paragraph 18.