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

By Michael Fry | Go to book overview

The Environmental Protection (Authorisation of Processes) (Determination Periods) Order 1991 S.L 1991 No. 513
The Secretary of State for the Environment, as respects England, the Secretary of State for Wales, as respects Wales, and the Secretary of State for Scotland, as respects Scotland, in exercise of the powers conferred upon them by paragraph 5(3) of Schedule 1 to the Environmental Protection Act 19901 and of all other powers enabling them in that behalf, hereby make the following Order:
Citation, commencement and interpretation
1.(1) This Order may be cited as the Environmental Protection (Authorisation of Processes) (Determination Periods) Order 1991 and shall come into force in England and Wales on 1st April 1991 and in Scotland on 1st April 1992.(2) In this Order "the 1990 Act" means the Environmental Protection Act.2. (1) Subject to article 3(6) below, in the case of an application to which paragraph (2) below applies, for the period mentioned in paragraph 5(1) of Schedule 1 to the 1990 Act2 there shall be substituted the period mentioned in paragraph (3) below.(2) This paragraph applies to an application for an authorisation to carry on a process in relation to which--
a. a matter falls to be determined by the Secretary of State under section 21(2) or (4) of the 1990 Act;3
b. an application is made to an enforcing authority under section 22(2) of that Act;4 or
c. an objection is made to such an authority under section 22(4) of that Act.
(3) The period to be substituted in paragraph 5(1) of Schedule 1 to the 1990 Act is the period of four months beginning with the day on which the matters to be determined under section 21 or 22 of that Act are finally disposed of or such longer period as the enforcing authority may agree with the applicant.(4) For the purposes of paragraph (3) above and article 3(6) below, the matters to be determined under section 21 or 22 of the 1990 Act are finally disposed of--
a. on the date on which the Secretary of State determines under section 21 whether or not the information in question is to be included in the register;
b. on the date on which the enforcing authority is treated under section 22(3) as having made a determination;
c. in a case where the enforcing authority determines under section 22(2) that the information in question is commercially confidential, on the date of the authority's determination;
d. in a case where the enforcing authority determines under section 22(2) or (4) that the information in question is not commercially confidential, on the date on which the period for bringing an appeal expires without an appeal being brought or, if such an appeal is brought
____________________
1
P.212 above.
2
P.212 above.
3
P.106 above.
4
P.107 above.

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