The Environmental Permitting (England and Wales) Regulations 2007 No. 3538

SCHEDULE 5 Environmental permits

PART 1 Grant, variation, transfer and surrender of environmental permits

Identity and competence of the operator

13.—(1) The regulator must refuse an application for the grant of an environmental permit or the transfer in whole or in part of an environmental permit if it considers that the requirements in sub-paragraph (2) will not be satisfied.

(2) The requirements are that the applicant, in the case of the grant of a permit, or the proposed transferee, in the case of the transfer of a permit in whole or in part, must—

(a) be the operator of the regulated facility; and

(b) operate the facility in accordance with the environmental permit.