A Manual of Environmental Protection Law: The Pollution Control Functions of the Environment Agency and SEPA

By Michael Fry | Go to book overview

Existing processes which become Part A prescribed processes
3. (1) Where, by virtue of regulation 2 above, an existing process which immediately before 8th January 1996 is not a prescribed process or is a Part B Process becomes a Part A process on that date, then, with effect from that date--
a. regulation 3(3) of the principal Regulations (the prescribed date) shall not apply in respect of that process;
b. for the purposes of regulation 3(1) of the principal Regulations, the prescribed date in respect of that process shall, subject to paragraph 5 below, be whichever is the later of the following--
i. 7th May 1996; or
ii. where application is duly made to the central enforcing authority in accordance with section 6 of the Act before 8th May 1996 for authorisation to carry on the process, the determination date for that process.

Existing processes which become Part B prescribed processes
4. (1) Where, by virtue of regulation 2 above, an existing process which immediately before 8th January 1996 is not a prescribed process or is a Part A process becomes a Part B process on that date, then, with effect from that date--
a. regulation 3(3) of the principal Regulations (the prescribed date) shall not apply in respect of that process;
b. for the purposes of regulation 3(1) of the principal Regulations, the prescribed date in respect of that process shall, subject to paragraph 5 below, be whichever is the later of the following--
i. 7th January 1997; or
ii. where application is duly made to the local enforcing authority in accordance with section 6 of the Act after 7th July 1996 and before 8th January 1997 for authorisation to carry on the process, the determination date for that process.
(2) The requirements of paragraphs 1(2) and 2 of Schedule 1 to the Act (advertisement and consultation) shall not apply in relation to an application made as described in sub-paragraph (1)(b)(ii) above if, in respect of the process to which that application relates--
a. an authorisation under section 6 of the Act granted by the central enforcing authority is in force on 7th January 1996; or
b. an application for an authorisation under section 6 of the Act has been made to the central enforcing authority and the requirements of those paragraphs have been fulfilled in relation to that application after 8th July 1994.

Substantial changes
5. (1) This paragraph applies where the person carrying on an existing process described in paragraph 3 or 4 above makes a substantial change in the process on or after 8th January 1996 and that change--
i. has not occasioned construction work which is in progress on that date; and
ii. is not the subject of a contract for construction work entered into before that date.

(2) Where this paragraph applies, the prescribed date in respect of that process shall be the date at which the change mentioned in sub-paragraph (1) above is made unless later than the date applicable in accordance with paragraphs 3 and 4 above.

(3) In this paragraph "substantial change" has the same meaning as in section 10 of the Act.1


Explanatory Note
(This note is not part of the Regulations)

Part I of the Environmental Protection Act 1990 makes provision for integrated pollution control. It also makes provision for the control of air pollution by local authorities.

Under Part I prescribed processes require authorisation. In granting authorisation the enforcing authority must seek to ensure that the best available techniques not entailing excessive cost are employed to prevent or minimise the release of any substance prescribed for any environmental medium.

____________________
1
P.99 above.

-603-

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