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

By Michael Fry | Go to book overview
(6) In the case of an application to which paragraph (2), (4), (5) or (5A)1 above applies and to which article 2(2) above also applies, the period mentioned in paragraph (1), (3), (5) and (5A)2 above shall begin with the day on which the matters to be determined under section 21 or 22 of the 1990" Act3 are finally disposed of.(7) In this article, "existing process" has the same meaning as in the Environmental Protection (Prescribed Processes and Substances) Regulations 1991.4
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 35 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.
____________________
1
Words "paragraph (2), (4), (5) or (5A)" substituted by S.I. 1994/2847, art.2(4)(a).
2
Words "paragraph (1), (3), (5) and (5A)" substituted by S.I. 1994/2847, art.2(4)(b).
3
P.106 above.
4
S.I. 1991/472; for "existing process" in the case of a Part B process carried on in England or Wales see sch.3, para. 14, p.596 above; in the case of a Part B process carried on in Scotland see sch.3, para.27, p.598 above.
5
Note the amendment made to art.3 by S.I. 1994/2847.

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