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Statutory Instruments of the Scottish Parliament
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The Scottish Ministers, in exercise of the powers conferred upon them by section 2 of and Schedule 1 to the Pollution Prevention and Control Act 1999[1] and of all other powers enabling them in that behalf, having carried out consultation, as required by section 2(4) of that Act, hereby make the following Regulations, being the first to be made thereunder which apply in relation to Scotland, a draft of which has, in accordance with section 2(8) and (9)(c) of that Act, been laid before, and approved by resolution of the Scottish Parliament: Citation, commencement and extent 1. - (1) These Regulations may be cited as the Pollution Prevention and Control (Scotland) Regulations 2000 and shall come into force on the fourteenth day after the date on which they are made. (2) These Regulations extend to Scotland only. Interpretation : general 2. - (1) In these Regulations-
(b) in relation to Part B installations, the direct release of substances or heat from individual or diffuse sources in an installation into the air; (c) in relation to Part A mobile plant, the direct or indirect release of substances, vibrations, heat or noise from the mobile plant into the air, water or land; (d) in relation to Part B mobile plant, the direct release of substances or heat from the mobile plant into the air,
and references to emissions in the definitions of "emission limit value", "pollution" and "pollutant" shall be construed accordingly for the purpose of the application of those definitions in relation to Part A and Part B installations and Part A and B mobile plant;
(b) any other location on the same site where any other directly associated activities are carried out which have a technical connection with the activities carried out in the stationary technical unit and which could have an effect on pollution,
and, other than in Schedule 3, references to an installation include references to part of an installation;
(b) the disposal of waste falling within Section 5.3 of that Part of that Schedule; (c) the recovery of waste falling within paragraphs (c)(i), (v), (vi) or (vii) of Part A of Section 5.4 of that Part of that Schedule;
(2) For the purposes of these Regulations-
(b) where an installation or mobile plant has ceased to be in operation, the person who holds the permit which applies to the installation or mobile plant shall be treated as the operator of the installation or mobile plant.
(3) In these Regulations, a reference to a release into water includes a release into a sewer and a reference to a Council Directive is a reference to that Directive as amended on the date on which these Regulations are made.
(b) "best" means, in relation to techniques, the most effective in achieving a high general level of protection of the environment as a whole; (c) "techniques" includes both the technology used and the way in which the installation is designed, built, maintained, operated and decommissioned.
(2) Schedule 2 shall have effect in relation to the determination of best available techniques.
(b) the management of the specified waste management activity which is or is to be carried on is not or will not be in the hands of a technically competent person; or (c) the person who holds or is to hold the permit has not made and either has no intention of making or is in no position to make financial provision adequate to discharge the obligations arising from the permit in relation to the specified waste management activity.
(4) SEPA may, if it considers it proper to do so in any particular case, treat a person as a fit and proper person, notwithstanding that paragraph (3)(a) applies in his case.
(b) the qualifications and experience required of a person for the purposes of section 74(3)(b) of that Act which are prescribed under section 74(6) of that Act shall be treated as the qualifications and experience required of a person for the purposes of paragraph (3)(b).
(6) In paragraph (3)(a), "another relevant person" means, in relation to the holder or proposed holder of a permit-
(b) a body corporate which has been convicted of a relevant offence committed when the holder or proposed holder of the permit was a director, manager, secretary or other similar officer of that body corporate (including, where the affairs of the body corporate are managed by its members, one of those members); or (c) where the holder or proposed holder of the permit is a body corporate, a person who is a director, manager, secretary or other similar officer of that body corporate (including, where the affairs of the body corporate are managed by its members, one of those members) and who-
(ii) was a person holding such an office at a time when a relevant offence for which that body corporate has been convicted was committed.
Applications and duties of SEPA in relation to best available techniques Requirement for permit to operate installation and mobile plant 6. - (1) No person shall operate an installation or mobile plant after the prescribed date for that installation or mobile plant, except under and to the extent authorised by a permit granted by SEPA. (2) In paragraph (1), the "prescribed date" means the appropriate date set out in or determined in accordance with Schedule 3. Permits : general provisions 7. - (1) An application for a permit to operate an installation shall be made to SEPA in accordance with paragraphs 1 to 3 of Part I of Schedule 4 and shall be accompanied by any fee prescribed in respect of the application under section 41 of the Environment Act 1995[7] and paragraphs 4 to 8 of Part 1 of Schedule 4 shall apply with respect to such applications. (2) Subject to paragraphs (3) and (4), where an application is duly made to SEPA, it shall either grant the permit subject to the conditions required or authorised to be imposed by regulation 9 or refuse the permit. (3) A permit shall not be granted if SEPA considers that the applicant will not be the person who will have control over the operation of the installation or mobile plant concerned after the grant of the permit or will not ensure that the installation or mobile plant is operated so as to comply with the conditions which would be included in the permit. (4) In the case of an application for a permit that will authorise the carrying out of a specified waste management activity at an installation, or by means of mobile plant, the permit shall not be granted unless-
(b) in the case of an installation where the use of the application site for the carrying out of that activity requires planning permission granted under the Town and Country Planning (Scotland) Act 1997[8], such planning permission is in force in relation to that use of the land.
(5) For the purpose of paragraph (4)(b), a certificate under section 150 of the Town and Country Planning (Scotland) Act 1997 (certificate of lawfulness of existing use or development) in relation to the use of the application site for the carrying out of the specified waste management activity, shall be treated as if it were a grant of planning permission for that use.
(b) more than one Part B installation on the same site operated by the same operator; or (c) more than one Part B mobile plant operated by the same operator.
(7) A permit authorising the operation of Part A mobile plant may only authorise the operation of that plant on a site specified in the permit and only one site may be specified in each such permit (and accordingly, the operation of the plant on a different site shall require a separate permit).
(b) there is more than one permit applying to installations on the same site operated by the same operator or to mobile plant operated by the same operator,
SEPA may replace the permit or permits, as the case may be, with a consolidated permit applying to the same installations or mobile plant and subject to the same conditions as the permit or permits being replaced.
(b) no significant pollution is caused.
(3) The additional general principles referred to in paragraph (1) in relation to permits for the operation of Part A installations or a Part A mobile plant are that these installations should be operated in such a way that-
(b) energy is used efficiently; (c) the necessary measures are taken to prevent accidents and limit their consequences,
and that, upon final cessation of activities, the necessary measures should be taken to avoid any pollution risk and to return the siteof the installation or mobile plant to a satisfactory state.
(b) in relation to any Part A installations or Part A mobile plant authorised by the permit-
(ii) such other conditions (if any) applying in relation to those Part A, installations or Part A mobile plant, in addition to those required by sub-paragraphs (a) and (b)(i), as appear to SEPA to be appropriate, when taken with the condition implied by paragraph (11), for the purpose of ensuring a high level of protection for the environment as a whole, taking into account, in particular, the general principles set out in regulation 8(2); and
(c) in relation to any Part B installation or Part B mobile plant authorised by the permit, such other conditions (if any) applying in relation to the Part B installation or Part A mobile plant as appear to SEPA to be appropriate, when taken with the condition implied by paragraph (11), for the purpose of preventing or, where that is not practicable, reducing emissions into the air, taking into account, in particular, the general principles set out in regulation 8(2).
(2) The Scottish Ministers may give directions to SEPA-
(b) as to the objectives which are to be achieved by conditions included in such permits,
and SEPA shall include in such permits such conditions as are specified or required to comply with such directions.
(b) ensuring, where necessary, appropriate protection of the soil and groundwater and appropriate management of waste generated by the installation or mobile plant; (c) relating to the periods when the installation or mobile plant is not operating normally where there is a risk that the environment may be adversely affected during such periods, including, in particular, conditions relating to the start up of operations, leaks, malfunctions and momentary stoppages; (d) setting out the steps to be taken prior to the operation of the installation or mobile plant and after the final cessation of operations; (e) setting out suitable emission monitoring requirements, specifying the measurement methodology and frequency and the evaluation procedure, and ensuring that the operator supplies SEPA with the data required to check compliance with the permit; (f) requiring the operator to supply SEPA regularly with the results of the monitoring of emissions and to inform SEPA, without delay, of any incident or accident significantly affecting the environment.
(11) Subject to paragraph (12), there is implied in every permit a condition that, in operating the installation or mobile plant, the operator shall use the best available techniques for preventing or, where that is not practicable, reducing emissions from the installation or mobile plant.
(b) which are supplemental or incidental to other conditions contained in the permit.
(15) Guidance issued by the Scottish Ministers under regulation 24 may sanction reliance by SEPA on any arrangements referred to in the guidance to operate to secure a particular result as an alternative to including a condition in the permit pursuant to this regulation.
(b) publish the rules, notice of variation or notice of revocation in such manner as they consider appropriate for the purpose of bringing the rules or notice to the attention of operators likely to be affected by them; (c) give notice of the making, variation or revocation of the rules in the Edinburgh Gazette.
Review of conditions of permits
(b) substantial changes in the best available techniques make it possible to reduce emissions from the installation or mobile plant significantly without imposing excessive costs; or (c) the operational safety of the activities carried out in the installation or mobile plant requires other techniques to be used.
Proposed change in the operation of an installation
(b) that application contains a description of the change.
Variation of permits
(b) in the case of an application to effect the transfer of a permit or part of a permit that authorises the carrying out of a specified waste management activity, any information which the applicants wish SEPA to take into account when considering whether the transferee is a fit and proper person to carry out that activity.
(3) Where the operator wishes to retain part of his permit (a "partial transfer"), an application under paragraph (1) shall-
(b) where the transfer applies to the operation of an installation or Part A mobile plant, contain a map or plan identifying the part of the site used for the operation of that installation or mobile plant (the "identified part of the site").
(4) Subject to paragraph (5), SEPA shall effect the transfer unless it considers that the proposed transferee will not be the person who will have control over the operation of the installation or mobile plant covered by the transfer after the transfer or will not ensure compliance with the conditions of the transferred permit.
(ii) returning the original permit to the operator endorsed to record the transfer and varied to show the installation or installations or mobile plant and, where the transfer applies to the operation of an installation or Part A mobile plant, the site covered by the permit after the transfer and the conditions applying after the transfer required by paragraph (7); and
(b) in case of a transfer of the whole permit, causing the permit to be endorsed with the name and other particulars of the proposed transferee as the operator of the installation or mobile plant concerned,
and the transfer shall take effect from such date as may be agreed with the applicants and specified in the endorsement and, in the case of a partial transfer, the new permit.
(b) in any other case, apply to SEPA to surrender the permit in so far as it authorises the operation of the installation or mobile plant ("the surrender unit") which that operator has ceased or intends to cease operating (a "partial surrender").
(3) An application under paragraph (2) shall be accompanied by the permit and any fee prescribed in respect of the application under section 41 of the Environment Act 1995, and shall contain the following information:-
(b) in the case of a partial surrender, a description of the surrender unit and a map or plan identifying the part of the site used for the operation of the surrender unit (the "identified part of the site"); (c) a site report describing the condition of the site or the identified part of the site, as the case may be ("the report site"), identifying, in particular, any changes in the condition of the site as described in the site report contained in the application for the permit; and (d) a description of any steps that have been taken to avoid any pollution risk on the report site resulting from the operation of the Part A installation or Part A mobile plant or to return it to a satisfactory state.
(4) If SEPA is satisfied, in relation to the report site, that such steps (if any) as are appropriate to avoid any pollution risk resulting from the operation of the Part A installation or Part A mobile plant and to return the site to a satisfactory state have been taken, it shall accept the surrender and give the operator notice of its determination and the permit shall cease to have effect or, in the case of partial surrender, shall cease to have effect to the extent surrendered, on the date specified in the notice of determination.
(b) where the specified information is not furnished within the period specified, the application shall, if SEPA gives notice to the operator that it treats the failure as such, be deemed to have been withdrawn at the end of that period.
(11) For the purpose of deciding whether a pollution risk results from the operation of a Part A installation or Part A mobile plant for the purpose of this regulation-
(b) where the operation of the installation or mobile plant involved the carrying out of other activities, only risks resulting from the carrying out of those other activities after the date on which the permit applying to the installation or mobile plant was granted shall be treated as resulting from the operation of the installation or mobile plant.
(12) The relevant date for a specified waste management activity for the purpose of paragraph (11)(a) is-
(b) in any other case, the date on which the permit applying to the installation or mobile plant was granted.
(13) In paragraph (12), "waste management licence" has the same meaning as in section 35(12) of the Environmental Protection Act 1990 (and includes a disposal licence which is treated as a site licence by virtue of section 77(2) of that Act).
(b) in any other case, notify SEPA of the surrender of the permit in so far as it authorises the operation of the installation or mobile plant ("the surrender unit") which that operator has ceased or intends to cease operating (a "partial surrender").
(3) A notification under paragraph (2) shall contain the following information:-
(b) in the case of a partial surrender of a permit applying to Part B installations, a description of the surrender unit and a map or plan identifying the part of the site used for the operation of the surrender unit (the "identified part of the site"); (c) in the case of a partial surrender of a permit applying to Part B mobile plant, a list of the mobile plant to which it applies; and (d) the date on which the surrender is to take effect, which shall be at least 28 days after the date on which the notice is served on SEPA.
(4) Subject to paragraph (5), where a surrender is notified under this regulation, the permit shall cease to have effect on the date specified in the notification or, in the case of partial surrender, shall cease to have effect on that date to the extent surrendered.
(b) serve a variation notice under regulation 13 on the operator specifying the variations of the conditions necessitated by the surrender,
and the permit shall cease to have effect to the extent surrendered on the date on which the variations specified in the variation notice take effect if that date is after the date specified in the notification of the surrender.
(b) the holder of the permit has ceased to be the operator of the installation or plant covered by the permit.
(3) A revocation notice may-
(b) revoke a permit only in so far as it authorises the operation of some of the installations or mobile plant to which it applies; (c) revoke a permit only in so far as it authorises the carrying out of some of the activities which may be carried out in an installation or by means of mobile plant to which it applies.
(4) A revocation notice shall specify-
(b) in all cases, the date on which the revocation shall take effect, which shall be at least 28 days after the date on which the notice is served.
(5) If, in the case of a revocation mentioned in sub-paragraphs (a) or (b) of paragraph (3) applying to a Part A installation or Part A mobile plant, SEPA considers that it is appropriate to require the operator to take steps, once that installation or mobile plant is no longer in operation, to-
(b) return the site, or part of the site, to a satisfactory state,
the revocation notice shall also specify that this is the case and, in so far as those steps are not already required to be taken by the conditions of the permit, the steps to be taken. Duty of SEPA to ensure compliance with conditions 18. While a permit is in force it shall be the duty of SEPA to take such action under these Regulations as may be necessary for the purpose of ensuring that the conditions of the permit are complied with. Enforcement notices 19. - (1) If SEPA is of the opinion that the operator of an installation has contravened, is contravening or is likely to contravene any condition of a permit, it may serve on that operator a notice (an "enforcement notice"). (2) An enforcement notice served under this regulation shall-
(b) specify the matters constituting the contravention or the matters making it likely that the contravention will arise, as the case may be; (c) specify the steps that must be taken to remedy the contravention or to remedy the matters making it likely that the contravention will arise, as the case may be; and (d) specify the period within which those steps must be taken.
(3) The steps that may be specified in an enforcement notice as steps that must be taken to remedy the contravention of any condition of a permit may include both steps that must be taken to make the operation of the installation or mobile plant comply with the conditions of the permit and steps that must be taken to remedy the effects of any pollution caused by the contravention.
(b) in the case of a notice served under paragraph (1), specify-
(ii) the steps that must be taken to remove it and the period within which they must be taken;
(c) state that the permit shall, until the notice is withdrawn, cease to have effect to authorise the operation of the installation or mobile plant or the carrying out of specified activities in the installation or by means of the mobile plant; and
(5) Where a suspension notice is served under this regulation, the permit shall, on the service of the notice, cease to have effect as stated in the notice.
(b) in the case of a notice served under paragraph (3), the management of the specified waste management activities is in the hands of a technically competent person.
Power of SEPA to prevent or remedy pollution Appeals to the Scottish Ministers and to the sheriff 22. - (1) Subject to paragraph (3), the following persons, namely:-
(b) a person who has been refused the variation of the conditions of a permit on an application under regulation 13; (c) a person who is aggrieved by the conditions attached to that person's permit following an application under regulation 7 or by a variation notice following an application under regulation 13; (d) a person whose application under regulation 14 for SEPA to effect the transfer of a permit has been refused or who is aggrieved by the conditions attached to that person's permit to take account of such transfer; (e) a person whose application under regulation 15 to surrender a permit has been refused or who is aggrieved by the conditions attached to that person's permit to take account of the surrender,
may appeal against the decision of SEPA to the Scottish Ministers.
(b) where the decision was a refusal to grant a permit or to vary the conditions of a permit, direct SEPA to grant the permit or to vary the conditions of the permit, as the case may be; (c) where the decision was as to the conditions attached to a permit, quash all or any of the conditions of the permit; (d) where the decision was a refusal to effect the transfer or accept the surrender of a permit, direct SEPA to effect the transfer or accept the surrender, as the case may be,
and where they exercise any of the powers in subparagraph (b) or (c) above, the Scottish Ministers may give directions as to the conditions to be attached to the permit.
(b) an appeal is brought pursuant to paragraph (2) against a variation notice, an enforcement notice or a suspension notice, the bringing of the appeal shall not have the effect of suspending the operation of the notice.
(12) Regulations 8 and 9 (other than paragraph (2)) shall apply where the Scottish Ministers, in exercising any of the powers in sub-paragraph (b) or (c) of paragraph (4), give directions as to the conditions to be attached to a permit as they would apply to SEPA when determining the conditions of the permit. Directions to SEPA 23. - (1) The Scottish Ministers may give a direction to SEPA of a general or specific character with respect to the carrying out of any of their functions under these Regulations. (2) Without prejudice to the generality of the power conferred by paragraph (1), a direction under that paragraph may direct SEPA-
(b) not to exercise those powers, or not to do so in such circumstances nor such manner as may be specified in the direction.
(3) Where the Scottish Ministers receive information pursuant to Article 17(1) of the Directive in relation to the operation of an installation outside of the United Kingdom which is likely to have a significant negative effect on the environment of Scotland, they shall, for the purpose of complying with Article 17(2) of the Directive, direct SEPA to take such steps as they consider appropriate for the purpose of bringing the information to the attention of the persons in Scotland likely to be affected by the operation of the installation and providing them with an opportunity to comment on that information.
(b) the allocation of quotas relating to such emissions.
(2) Where the Scottish Ministers allocate a quota in a plan made under paragraph (1), they may also make a scheme for the trading or other transfer of the quota so allocated. Information 26. - (1) For the purpose of the discharge of their functions under these Regulations, the Scottish Ministers may require SEPA, by notice served on it, to furnish such information about the discharge of its functions under these Regulations as they may require. (2) For the purposes of the discharge of their functions under these Regulations, the Scottish Ministers or SEPA may, by notice served on any person, require that person to furnish such information as is specified in the notice, in such form and within such period following service of the notice or at such time as is so specified. (3) For the purposes of this regulation, the discharge by the Scottish Ministers of an obligation of the United Kingdom under the Community Treaties or any international agreement relating to the environment shall be treated as a function of theirs under these Regulations and the compilation of an inventory of emissions (whether or not from installations or mobile plant) shall be treated as a function of the SEPA under these Regulations. (4) The information which a person may be required to furnish under paragraph (2) shall include information on emissions which, although it is not in the possession of that person or would not otherwise come into the possession of that person, is information which it is reasonable to require that person to compile for the purpose of complying with the notice. Public register of information 27. - (1) Subject to regulations 28 and 29 and to paragraphs 2 to 4 of Schedule 9, it shall be the duty of SEPA, to maintain a register containing the particulars described in paragraph 1 of that Schedule. (2) Where, by virtue of regulation 29, information of any description is excluded from the register maintained by SEPA under this regulation, a statement shall be entered in the register indicating the existence of information of that description. (3) It shall be the duty of SEPA-
(b) to afford to members of the public facilities for obtaining copies of entries, on payment of reasonable charges.
(4) The register maintained by SEPA under this regulation may be kept in any form.
(b) is not required to be included in the register in pursuance of a direction under paragraph (9),
but information is not commercially confidential for the purposes of this regulation unless it is determined under this regulation to be so by SEPA or, as the case may be, on appeal.
(b) give that person a reasonable opportunity-
(ii) of making representations to SEPA for the purpose of justifying any such objection,
and, if any representations are made, SEPA shall, having taken the representations into account, give that person notice of its determination as to whether the information is or is not commercially confidential.
(6) Where, under paragraph (2) or (5), SEPA determines that information is not commercially confidential-
(b) that person may, before the end of that period, appeal to the Scottish Ministers against the decision,
and, where an appeal is brought under this regulation in respect of any information, the information shall not be entered in the register until the end of the period of 21 days following the day on which the appeal is finally determined or is withdrawn. Offences 30. - (1) It is an offence for a person-
(b) to fail to comply with or to contravene a condition of a permit; (c) to fail to comply with regulation 12(1); (d) to fail to comply with the requirements of an enforcement notice or a suspension notice; (e) to fail, without reasonable excuse, to comply with any requirement imposed by a notice under regulation 26(2); (f) to make a statement which that person knows to be false or misleading in a material particular, or recklessly to make a statement which is false or misleading in a material particular, where the statement is made-
(ii) for the purpose of obtaining the grant of a permit issued under these Regulations to that or any other person, or the variation, transfer or surrender of a permit;
(g) intentionally to make a false entry in any record required to be kept under the condition of a permit;
(2) A person guilty of an offence under sub-paragraph (a), (b), (d) or (i) of paragraph (1) shall be liable-
(b) on conviction on indictment, to a fine or to imprisonment for a term not exceeding five years, or to both.
(3) A person guilty of an offence under sub-paragraph (c) and (e) to (h) of paragraph (1) shall be liable-
(b) on conviction on indictment, to a fine or to imprisonment for a term not exceeding two years, or to both.
(4) Where an offence under this regulation committed by a body corporate or a partnership is proved to have been committed with the consent or connivance of, or to have been attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate, or a person who was purporting to act in any such capacity (or, in the case of a partnership, a partner or a person who was purporting to act as such), that person as well as the body corporate or the partnership, as the case may be, shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
(b) the entry has not been made,
that fact shall be admissible as evidence that that condition has not been observed. Application to the Crown 34. - (1) Subject to the provisions of this regulation, these Regulations bind the Crown. (2) No contravention by the Crown of any provision of these Regulations shall make the Crown criminally liable under regulation 30 and no proceedings may be taken against the Crown under regulation 31 but the Court of Session may, on an application by SEPA, declare unlawful any act or omission of the Crown which constitutes such a contravention. (3) Notwithstanding anything in paragraph (2), the provisions of these Regulations shall apply to persons in the public service of the Crown as they apply to other persons. (4) If a certification has been or is issued by the Secretary of State to the effect that it appears to the Secretary of State, as respects any premises held or used by or on behalf of the Crown and any powers of entry exercisable under section 108 of the Environment Act 1995 (as are or may be specified in that certification) in relation to functions conferred or imposed by these Regulations, that it is requisite or expedient that, in the interests of national security, those powers of entry should not be exercisable in relation to such premises, those powers shall not be exercisable in relation to those premises. (5) The following persons shall be treated as if they were the operator of the installation or mobile plant concerned for the purpose of any notice served or given or any proceedings instituted in relation to an installation or mobile plant operated or controlled by any person acting on behalf of the Royal Household, the Duchy of Lancaster or the Duke of Cornwall or other possessor of the Duchy of Cornwall-
(b) in relation to an installation or mobile plant operated or controlled by a person acting on behalf of the Duchy of Lancaster, such person as the Chancellor of the Duchy appoints in relation to that installation or mobile plant; (c) in relation to an installation or mobile plant operated or controlled by a person acting on behalf of the Duchy of Cornwall, such person as the Duke of Cornwall, or the possessor for the time being of the Duchy of Cornwall, appoints in relation to that installation or mobile plant.
Notices
(b) in the case of a partnership, be served on or given to a partner or person having the control or management of the partnership business.
(4) For the purpose of this regulation and of section 7 of the Interpretation Act 1978[14] (service of documents by post) in its application to this regulation, the proper address of any person on or to whom any such notice is to be served or given shall be the last known address of that person, except that-
(b) in the case of a partnership or person having the control or management of the partnership business, it shall be the principal office of the partnership,
and for the purposes of this paragraph the principal office of a company registered outside of the United Kingdom or of a partnership carrying on business outside the United Kingdom shall be their principal office within the United Kingdom. PART A
(b) Burning any of the following fuels in an appliance with a net rated thermal input of three megawatts or more otherwise than as an activity which is related to a Part B activity:-
(ii) recovered oil; (iii) any fuel manufactured from any other waste.
Interpretation of Part A
(b) Burning any fuel in a gas turbine or compression ignition engine with a net rated thermal input of 20 megawatts or more but less than 50 megawatts. (c) Burning waste oil or recovered oil as a fuel in an appliance with a net rated thermal input of less than 3 megawatts. (d) Burning solid fuel which has been manufactured from waste by a process involving the application of heat in an appliance with a net rated thermal input of less than 3 megawatts. (e) Burning fuel manufactured from waste, other than waste oil or recovered oil or such fuel as is mentioned in paragraph (d) in any appliance with a net rated thermal input of less than 3 megawatts but more than 0.4 megawatts or which is used together with other appliances, which each have a net rated thermal input of less than 3 megawatts, where the aggregate net rated thermal input of all the appliances is at least 0.4 megawatts.
Interpretation of Part B
PART A
(b) Reforming natural gas. (c) Operating a coke oven. (d) Producing gas from coal, lignite, oil or other carbonaceous material or from mixtures thereof, other than from sewage, unless carried on as part of an activity which is a combustion activity, whether or not that activity falls within Section 1.1. (e) Purifying or refining any product of any of the activities described in paragraphs (a), (b), (c) or (d) of this Section or converting it into a different product. (f) The refining of mineral oils, or the loading, unloading or other handling of, the storage of, or other physical, chemical or thermal treatment of-
(ii) stabilised petroleum; (iii) crude shale oil; (iv) where related to another activity described in this paragraph, any associated gas or condensate; (v) emulsified hydrocarbons intended for use as a fuel.
(g) The further refining, conversion or use, in the manufacture of a chemical of the product of any activity listed in paragraph (f) above, otherwise than as a fuel or solvent.
Interpretation of Part A
(b) Blending odorant for use with natural gas or liquefied petroleum gas. (c) The following activities:-
(ii) the unloading of petrol into stationary storage tanks at a service station, other than an exempt service station, if the total quantity of petrol unloaded into such tanks at the service station in any 12 month period is likely to be equal to or greater than 100m3.
Interpretation of Part B
2.
Any other expressions which are also used in European Parliament and Council Directive 94/63/EC on the control of volatile organic compound (VOC) emissions resulting from the storage of petrol and its distribution from terminals to service stations[16] have the same meaning as in that Directive. PART A
(b) Producing, melting or refining iron or steel or any ferrous alloy, including continuous casting, except where the only furnaces involved are-
(ii) cupola, crucible, reverbatory, rotary, induction or resistance furnaces.
(c) Processing ferrous metals and their alloys by using hot-rolling mills with a production capacity of more than 20 tonnes of crude steel per hour. PART B
(b) Producing, melting or refining iron or steel or any ferrous alloy (other than producing pig iron or steel, and including continuous casting) using-
(ii) a cupola, crucible furnace, reverberatory furnace, rotary furnace, induction furnace or resistance furnace,
unless falling within paragraph (e) or (h) of Part A of this Section.
(ii) it does not involve the removal by heat of plastic or rubber covering from scrap cable or of any asbestos contaminant; and (iii) it is not related to any other activity falling within this Part of this Section.
(e) Casting iron, steel or any ferrous alloy from deliveries of 50 tonnes or more of molten metal falling within Part A of this Section.
Interpretation of Section 2.1 PART A
(b) Melting, including making alloys, of non-ferrous metals, including recovered products, refining, foundry casting, etc. in an installation with a melting capacity exceeding-
(ii) 20 tonnes per day for all other metals in aggregate.
(c) Refining any non-ferrous metal or its alloy, other than the electrolytic refining of copper.
(ii) in the case of lead alloy, the percentage by weight of lead in the alloy in molten form exceeds 23 per cent if the alloy contains copper and 2 per cent in other cases.
(e) Recovering any of the elements listed below if the activity may result in their release into the atmosphere-
indium; palladium; tellurium; thallium.
(f) Producing, melting or recovering (whether by chemical means or by electrolysis or by the use of heat) cadmium or mercury or any alloy containing more than 0.05 per cent by weight of either of those metals or of both of those metals in aggregate. PART B
(b) The separation of copper, aluminium, magnesium or zinc from mixed scrap by differential heating. (c) The heating in a furnace or any other application of any non-ferrous metal or non-ferrous metal alloy for the purpose of removing grease oil or any other non-metallic contaminant, including such operations as the removal by heat of plastic or rubber covering from scrap cable if not related to another activity described in this Part; but an activity does not fall within this paragraph if-
(ii) it does not involve the removal by heat of plastic or rubber covering from scrap cable or of any asbestos contaminant.
(d) Melting zinc or a zinc alloy in conjunction with a galvanising activity at a rate not exceeding 20 tonnes per day.
Interpretation of Part B PART A Surface treating metals and plastic materials using an electrolytic or chemical activity where the aggregated volume of the treatment vats exceeds 30m3. PART B Any process for the surface treatment of metal is likely to result in the release into air of any acid-forming oxide of nitrogen and which does not fall within a description in Part A of this Section. PART A
(b) Producing lime in kilns or other furnaces with a production capacity exceeding 50 tonnes per day or where the activity is likely to involve the heating in any 12 month period of 5,000 tonnes of calcium carbonate or calcium magnesium carbonate or, in aggregate, both. PART B
(ii) Blending cement in bulk or using cement in bulk other than at a construction site, including the bagging of cement and cement mixture, the batching of ready-mixed concrete and the manufacture of concrete blocks and other cement products.
(b) Slaking lime for the purpose of making calcium hydroxide or calcium magnesium hydroxide. PART A (a) Producing asbestos or manufacturing products based on or containing asbestos. (b) Stripping asbestos from railway vehicles except-
(ii) in the course of recovery operations following an accident; or (iii) where the asbestos is permanently bonded in cement or in any other material (including plastic, rubber or resin). (c) Destroying a railway vehicle by burning if asbestos has been incorporated in, or sprayed on to, its structure. PART B
The industrial finishing, including shaping, drilling, or fitting manufactured asbestos products, of any of the following products where not carried out in conjunction with manufacture-
Interpretation of Section 3.2
PART A
(b) Manufacturing glass frit or enamel fit where the aggregate quantity of such stances manufactured in any period of 12 months is likely to be 100 tonnes or more. (c) Manufacturing glass, unless falling within a description in paragraph (a) or (b) above where the melting capacity exceeds 20 tonnes per day. PART B
Unless falling within a description in Part A of this Section-
(b) Manufacturing glass where the use of lead or any lead compound is involved. (c) Making any glass product where lead or any lead compound has been used in the manufacture of the glass except-
(ii) melting, or mixing with another substance, glass manufactured elsewhere to produce articles such as ornaments or road paint.
(d) Polishing or etching glass or glass products in the course of any manufacturing activity if-
(ii) hydrogen fluoride may be released into the air. (e) The manufacture of glass frit or enamel frit and its use in any activity where that activity is related to its manufacture. PART A
(b) Manufacturing any fibre from any mineral. PART B
NIL PART A NIL PART B
(b) Any of the following activities, unless carried on at an exempt location:-
(ii) screening, grading or mixing coal, or coke or any other coal product; (iii) loading or unloading petroleum coke, coal, coke or any other coal product, except unloading on retail sale.
(c) The crushing, grinding or other size reduction, with machinery designed for that purpose, of bricks, tiles or concrete.
Interpretation of Part B
(ii) metallurgical slag; (iii) boiler or furnace ash produced from the burning of coal, coke or any other coal product; (iv) gypsum which is a by-product of any activity;
(ii) any premises to which petroleum coke, coal, coke or any coal product is supplied only for use there;
Nothing in this Section applies to any activity carried on underground. PART A Manufacturing ceramic products including roofing tiles, bricks, refractory bricks, tiles, stoneware or porcelain, by firing in kilns with a production capacity exceeding 75 tonnes per day, or where the kiln capacity exceeds 4m3 and where the setting density of the kiln exceeds 300 kg/m3. PART B
(b) Vapour glazing earthenware or clay with salts.
Interpretation of Part B
Production within the meaning of the categories of activities contained in Part A of the Sections in this Chapter means the production by chemical processing for commercial purposes or on an industrial scale of substances or groups of substances listed in Sections 4.1 to 4.6. PART A
(ii) organic compounds containing oxygen, including alcohols, aldehydes, ketones, carboxylic acids, esters, ethers, peroxides, phenols, epoxy resins; (iii) organic compounds containing sulphur, including sulphides, mercaptans, sulphonic acids, sulphonates, sulphates and sulphones and sulphur heterocyclics; (iv) organic compounds containing nitrogen including amines, amides, nitrous-, nitro-or azo-compounds, nitrate, nitriles, nitrogen heterocyclics, cyanates, isocyanates, di-isocyanates and di-isocyanate prepolymers; (v) organic compounds containing phosphorus including substituted phosphines and phosphate esters; (vi) organic compounds containing halogens, such as halocarbons, halogenated aromatic compounds and acid halides; (vii) organometallic compounds, such as lead alkyls, Grignard reagents and lithium alkyls; (viii) plastic materials such as polymers, synthetic fibres and cellulose-based fibres; (ix) synthetic rubbers; (x) dyes and pigments; (xi) surface-active agents; (xii) any other organic compounds not described in paragraphs (i) to (xi) above which have the potential to pollute the environment.
(b) Polymerising or co-polymerising any unsaturated hydrocarbons or a product of an activity mentioned in paragraph (a), (other than a pre-formulated resin or pre-formulated gel coat which contains any unsaturated hydrocarbons), which is likely to involve, in any 12 month period, the polymerisation or co-polymerisation of 50 tonnes or more of any of those materials or, in aggregate, of any combination of those materials.
(ii) pyridine, or any substituted pyridines.
(f) Recovering or purifying any designated acrylate.
In Part A, "designated acrylate" means any of the following, namely, acrylic acid, substituted acrylic acids, the esters of acrylic acid and the esters of substituted acrylic acids.
(ii) the use of 5 tonnes or more of methyl di-isocyanate or partly polymerised di-isocyanate or other di-isocyanate compounds which have comparable volatility in any 12 month period,
where the activity may result in a release into the air which contains such a di-isocyanate monomer.
Interpretation of Section 4.1 PART A
(ii) acids, such as chromic acid, hydrofluoric acid, hydrochloric acid, hydrobromic acid, hydroiodic acid, phosphoric acid, nitric acid, hydrochloric acid, sulphuric acid, oleum and chlorosulphonic acid; (iii) bases, such as ammonium hydroxide, potassium hydroxide, sodium hydroxide and calcium hydroxide; (iv) salts, such as ammonium chloride, potassium chlorate, potassium carbonate, sodium carbonate, perborate, silver nitrate, cupric acetate, ammonium phosphomolybdate; (v) non-metals, metal oxides, metal carbonyls or other inorganic compounds such as calcium carbide, silicon, silicon carbide; (vi) halogens or any compound comprising only-
(B) any one or more of those halogens and oxygen.
(b) Any manufacturing activity which uses, or which is likely to result in the release into the air or into water of, any halogens, hydrogen halides or any of the compounds mentioned in paragraph (a)(vi), other than the treatment of water by chlorine.
(ii) arsenic; (iii) beryllium; (iv) gallium; (v) indium; (vi) lead; (vii) palladium; (viii) platinum; (ix) selenium; (x) tellurium; (xi) thallium; (xii) hromium; (xiii) manganese; (xiv) nickel; (xv) zinc; (xvi) admium; or (xvii) mercury,
where the activity may result in the release into the air of any of those elements or compounds or the release into water of any substance listed in Schedule 5.
(ii) recovering nitric acid; (iii) purifying phosphoric acid; (iv) any activity of manufacture (other than the manufacture of chemicals) involving the use of any hydrogen fluoride, hydrogen chloride, hydrogen bromide or hydrogen iodide or any of their acids which may result in the release of any of those compounds into the air, other than the coating, plating or surface treatment of metal; (v) recovering ammonia; (vi) extracting any magnesium compound from sea water. PART B
NIL PART A
(b) Converting chemical fertilisers into granules. PART B
NIL PART A
(b) Formulating such products if doing so may result in the release into water of any substance listed in the Table in paragraph 13 of Part 2 to this Schedule in a quantity which, in any 12 month period, exceeds the background quantity by more than the amount specified in relation to the description of the substance set out in column 1 of that Table in the corresponding entry in column 2 of that Table. PART B
NIL PART A
(b) Formulating such products if doing so may result in the release into water of any substance listed in the Table in paragraph 13 of Part 2 to the Schedule in a quantity which, in any period of 12 month, exceeds the background quantity by more than the amount specified in relation to the description of the substance set out in column 1 of that Table in the corresponding entry in column 2 of that Table. PART B
NIL PART A Producing explosives, unless described elsewhere in any Section of this Chapter. PART B NIL PART A
(b) Any activity for the manufacture of a chemical which involves the use of ammonia or may result in the release of ammonia into the air other than an activity in which ammonia is only used as a refrigerant. PART B
NIL PART A NIL PART B The storage, other than as part of any Part A activity or in a tank for the time being forming part of a powered vehicle, of any of the substances listed below except where the total capacity of the tanks installed at the location in question in which the relevant substance may be stored is less than the figure specified below in relation to that substance-
In this Section, "acrylate" has the same meaning as "designated acrylate" in Part A of Section 4.1. PART A
(b) The incineration of waste, including animal remains, in an incineration plant not covered by paragraph (a) above, on premises where there is plant used or designed to incinerate waste at a rate of 1 tonne or more per hour. (c) Cleaning for reuse metal containers used for the transport or storage of a chemical by burning out their residual content. PART B
The following activities if operated at installations not falling under Part A of this Section:-
(b) The cremation of human remains.
Interpretation of Section 5.1
(b) these wastes are not rendered hazardous by virtue of containing other constituents listed in Annex II to Council Directive 91/689/EEC in quantities or in concentrations which are inconsistent with the achievement of the objectives set out in Article 4 of Directive 75/442/EEC on waste[19]; and (c) the net calorific value amounts to at least 30 MJ per kilogramme;
(ii) any combustible liquid wastes which cannot cause, in the flue gas directly resulting from their combustion, emissions other than those from gas oil, as defined in Article 1.1 of Directive 75/716/EEC on the approximation of the laws of Member States relating to the sulphur content of certain liquid fuels[20] or a higher concentration of emissions than those resulting from the combustion of gas oil as so defined;
(ii) an incineration plant for infectious clinical waste, provided that such waste is not rendered hazardous as a result of the presence of constituents listed in Annex II to Council Directive 91/689/EEC on hazardous waste other than constituent C35 in that list (infectious substances); or (iii) a municipal waste incineration plant also burning infectious clinical waste which is not mixed with other wastes which are rendered hazardous as a result of one of the properties listed in Annex III to Council Directive 91/689/EEC other than property H9 in that list (infectious);
PART A Landfill activities receiving more than 10 tonnes in any day or with a total capacity exceeding 25,000 tonnes, excluding landfills of inert waste. PART B NIL Interpretation of Section 5.2 In this Section-
(b) a permanent site, operating for more than one year, which is used for temporary storage of waste,
and includes the following operations:-
(ii) land treatment, for example by biodegradation of liquid or sludge discards in soils; (iii) deep injection of waste, for example, injection of pumpable discarded materials into wells, salt domes or naturally occurring repositories; (iv) surface impoundment, for example placing liquid or sludge wastes into pits, ponds or lagoons; (v) specially engineered landfill, for example, placing waste into lined discrete cells which are capped and isolated from one another and the environment; (vi) permanent storage, for example, by placing containers in a mine;
PART A
(b) The disposal of waste oils (other than by incineration or landfill) in plant with a capacity exceeding 10 tonnes per day. (c) Disposal of non-hazardous waste in plant with a capacity exceeding 50 tonnes per day by-
(ii) physico-chemical treatment specified in paragraph D9 of Annex IIA to Council Directive 75/441.
Interpretation of Part A PART A
(b) Cleaning or regenerating carbon, charcoal or ion exchange resins by removing matter which is, or includes, any substance listed in paragraphs 12 to 14 of Part 2 of this Schedule. (c) Unless part of a Part A activity described in another Chapter of this Schedule, recovery activities (within the meaning of Council Directive 91/689/EEC) involving hazardous waste in excess of 10 tonnes per day and falling within the following descriptions:-
(ii) recycling/reclamation of inorganic materials other than metals and metal compounds; (iii) regeneration of acids or bases; (iv) recovery of components from catalysts; (v) oil refining or other reuses of oil; (vi) solvent reclamation/regeneration; (vii) recovering components used for pollution abatement.
Interpretation of Part A
(ii) an activity which is ancillary and related to another activity, whether described in this Schedule or not, which involves the production or use of the substance which is recovered, cleaned or regenerated. PART B
NIL PART A Making solid fuel from waste by any process involving the use of heat other than making charcoal. PART B NIL PART A
(ii) paper and board with a production capacity exceeding 20 tonnes per day.
(b) Any activity associated with making paper pulp or paper, including activities connected with the recycling of paper such as de-inking, if the activity may result in the release into water of any substance listed in paragraph 12 of Part 2 to this Schedule in a quantity which, in any 12 month period, exceeds the background quantity by more than the amount specified in relation to the description of substance in column 2 of that Schedule.
Interpretation of Part A PART A Producing carbon or hard-burnt coal or electro graphite by means of incineration or graphitization. PART B NIL PART A The following activities if operated at installations not falling within any other description contained in any other Part A activity in this Schedule involving:-
(ii) heating tar or bitumen for the manufacture of electrodes or carbon-based refractory materials, where the carrying on of the activity by the person concerned at the location in question is likely to involve the use in any 12 month period of 5 tonnes or more of tar or of bitumen or, in aggregate, both. PART B
Any activity not falling within Part A of this Section or within any other description in this Schedule involving-
(ii) oxidising bitumen by blowing air through it, at installations where there are no other activities prescribed in this Schedule,
where the carrying on of the activities by the person concerned at the location in question is likely to involve the use in any 12 month period of 5 tonnes or more of tar or of bitumen or, in aggregate, of both.
Interpretation of Part B PART A
(b) Surface treating substances, objects or products using organic solvents, in particular for dressing, printing, coating, degreasing, waterproofing, sizing, painting, cleaning or impregnating, with a consumption capacity of more than 150 kilogrammes per hour or more than 200 tonnes per year. (c) Applying or removing a coating material containing one or more tributyltin compounds or triphenyltin compounds, if carried out at a shipyard or boatyard where vessels of a length of 25 metres or more can be built or maintained or repaired. (d) Treating textiles if the activity may result in the release into water of any substance listed in the Table in paragraph 13 of Part 2 of this Schedule in a quantity which, in any 12 month period, exceeds the background quantity by more than the amount specified in relation to the description of the substance set out in column 1 of that Table in the corresponding entry in column 2 of that Table. PART B
(ii) the carrying on of the activity by the person concerned at the location in question is likely to involve the use in any period 12 months of-
(B) 20 tonnes or more of any metal coatings which are sprayed on in molten form; or (C) 25 tonnes or more of organic solvents in respect of any cold set web offset printing activity or any sheet fed offset litho printing activity or, in respect of any other activity, 5 tonnes or more of organic solvents.
(b) Repainting or respraying road vehicles or parts of them if the activity does not fall within Part A and may result in the release into the air of particulate matter or of any volatile organic compound and the carrying on of the activity by the person concerned at the location in question is likely to involve the use of 1 tonne or more or organic solvents in any period of 12 months.
(ii) 20 tonnes or more of any metal coatings which are sprayed on in molten form; or (iii) 5 tonnes or more of organic solvents.
Interpretation of Part B
(ii) any organic solvents that are removed from the process for re-use or for recovery for re-use. PART A
Any manufacture of dyestuffs if the activity involves the use of hexachlorobenzene and is operated at an installation not falling within any other description in any Part A of this Schedule.
(b) Manufacture any powder for use as a coating material where there is the capacity to produce 200 tonnes or more of such powder in any 12 month period.
Interpretation of Part B
(b) any organic solvents, not contained in coating materials, that are removed from the process for re-use or for recovery for re-use. PART A
Curing or chemically treating as part of a manufacturing process timber or products made wholly or mainly of wood if any substance listed in column 1 of the Table in paragraph 13 of Part 2 of this Schedule is used.
(ii) 1,000 cubic metres in any other case.
Interpretation of Part B
PART A NIL PART B
(ii) synthetic organic elastomers,
if carbon black is used. PART A
(b) Disposing of or recycling animal carcasses and animal waste except by incineration at installations with a capacity exceeding 10 tonnes per day. (c) Slaughtering animals with a carcass production capacity greater than 50 tonnes per day. (d) Treating and processing materials intended for the production of food products from-
(ii) vegetable raw materials with a finished product production capacity greater than 300 tonnes per day (average value on a quarterly basis).
(e) Treating and processing milk, the quantity of milk received being greater than 200 tonnes per day (average value on an annual basis). PART B
(i) may release into the air a substance referred to in paragraph 12 of Part 2 of this Schedule or any offensive smell noticeable outside the premises in which the activity is carried on.
(b) Breeding maggots in any case where 5 kilogrammes or more of animal or of vegetable matter or, in aggregate, of both are introduced into the process in any week.
(ii) in excess of 10m3and less than 50m3of ensiled liquor; or (iii) in excess of 50m3of ensiled liquor.
Interpretation of Section 6.8
(ii) the manufacture or preparation of food or drink for human consumption but excluding-
(B) any activity involving the use of green offal or the boiling of blood, except the cooking of food (other than tripe) for human consumption; (C) the cooking of tripe for human consumption elsewhere than on premises on which it is to be consumed;
(iii) the fleshing, cleaning and drying of pelts of fur-bearing mammals;
PART A
(ii) 2,000 places for production pigs (over 30 kilogrammes); or (iii) 750 places for sows. PART B
NIL 1. The following applies for the interpretation of Part 1 of this Schedule. 2. - (1) Subject to sub-paragraph (2), an activity shall not be taken to be a Part B activity if it cannot result in the release into the air of a substance listed in paragraph 12 or there is no likelihood that it will result in the release into the air of any such substance except in a quantity which is so trivial that it is incapable of causing harm or its capacity to cause harm is insignificant. (2) Sub-paragraph (1) does not apply to an activity which may give rise to an offensive smell noticeable outside the site where the activity is carried out. 3. An activity shall not be taken to be an activity falling within Part 1 if it is carried out in a working museum to demonstrate an industrial activity of historic interest or if it is carried out for educational purposes in a school within the meaning of section 135(1) of the Education (Scotland) Act 1980[25]. 4. The running on or within an aircraft, hovercraft, mechanically propelled road vehicle, railway locomotive or ship or other vessel of an engine which propels or provides electricity for it shall not be taken to be an activity falling within Part 1. 5. The running of an engine in order to test it before it is installed or in the course of its development shall not be taken to be an activity falling within Part 1. 6. - (1) The use of a fume cupboard shall not be taken to be an activity falling within Part 1 if it is used as a fume cupboard in a laboratory for research or testing and it is not-
(ii) a fume cupboard in which substances or materials are manufactured.
(2) In sub-paragraph (1) "fume cupboard" has the meaning given by the British Standard 'Laboratory fume cupboards' published by the British Standards Institution numbered BS7258 : Part I : 1990.
(ii) water abstracted for use in the activity; and (iii) precipitation onto the site on which the activity is carried out;
(2) For the purposes of the interpretation of Part 1 of this Schedule, and unless the context otherwise requires, a reference to a Section is a reference to the Section so numbered in Part 1 of this Schedule.
13.
- (1) References to, or to the release into water of, a substance listed in this paragraph or to its release in a quantity which exceeds, in any 12 month period, the background quantity by an amount specified in this paragraph are, in respect of the substances set out in column 1 of the following Table, the amounts specified in the corresponding entry in column 2 of that Table.
(2) In the Table in sub-paragraph (1), where both Altrazine and Simazine are released, the figure for both substances in aggregate shall be 350 grammes. 14. - (1) References to a substance listed in this paragraph are to any of the following substances:-
(b) organic solvents; (c) azides; (d) halogens and their covalent compounds; (e) metal carbonyls; (f) organo-metallic compounds; (g) oxidising agents; (h) polychlorinated dibenzofuran and any congener thereof; (i) polychlorinated dibenzo-p-dioxin and any congener thereof; (j) polyhalogenated biphenyls, terphenyls and naphthalenes; (k) phosphorus; (l) pesticides.
(2) In this sub-paragraph, "pesticide" means any chemical substance or preparation prepared or used for destroying any pest, including those used for protecting plants or wood or other plant products from harmful organisms, regulating the growth of plants, giving protection against harmful creatures, rendering such creatures harmless, controlling organisms with harmful or unwanted effects on water systems, buildings or other structures, or on manufactured products, or protecting animals against ectoparasites. 15. For the purpose of these Regulations, subject to paragraph 2-
16.
A Part B installation shall not be taken to include any activity which requires a waste management licence under Part II of the Environmental Protection Act 1990[26].
18.
In the case of Part B installations-
(b) an installation where an activity falling within paragraph (e) of Part B of Section 2.2 is carried out does not include any associated storage or handling of scrap which is to be heated as part of that activity other than its loading into a furnace; (c) an installation where an activity falling with paragraph (a) of Part B of Section 5.1 is carried out does not include any associated storage or handling of wastes and residues which are to be incinerated as part of that process other than the associated storage or handling of animal remains intended for burning in an incinerator used wholly or mainly for the incineration of such remains or residues from the burning of such remains in such an incinerator; (d) an installation where an activity falling within Part B of Section 6.4 is carried out does not include any associated cleaning of used storage drums prior to painting or their incidental handling in connection with such cleaning.
19.
Where an installation is a Part A installation or a Part B installation by virtue of the carrying out of an activity which is only carried out during part of a year that installation shall not cease to be such an installation during the parts of the year when that activity is not being carried out. 1. Subject to paragraph 2, in determining best available techniques, special consideration shall be given to the following matters, bearing in mind the likely costs and benefits of a measure and the principles of precaution and prevention:-
(b) the use of less hazardous substances; (c) the furthering of recovery and recycling of substances generated and used in the process and of waste, where appropriate; (d) comparable processes, facilities or methods of operation which have been tried with success on an industrial scale; (e) technological advances and changes in scientific knowledge and understanding; (f) the nature, effects and volume of the emissions concerned; (g) the commissioning dates for new or existing installations or mobile plant; (h) the length of time needed to introduce the best available technique; (i) the consumption and nature of raw materials (including water) used in the process and the energy efficiency of the process; (j) the need to prevent or reduce to a minimum the overall impact of the emissions on the environment and the risks to it; (k) the need to prevent accidents and to minimise the consequences for the environment; (l) the information published by the Commission pursuant to Article 16(2) of the Directive or by international organisations.
2.
Sub-paragraphs (a) to (c) and (i) to (l) shall not apply for the purposes of determining best available techniques in relation to Part B installations and Part B mobile plant. 1. The prescribed date for a new Part A installation or new Part A mobile plant-
(b) where no such application is made, is the transitional date.
2.
- (1) Subject to paragraph 4, the prescribed date for an existing Part A installation or existing Part A mobile plant-
(b) where no such application is made, is the day after the date on which the relevant period expires.
(2) For the purpose of sub-paragraph (1), the relevant period for an existing Part A installation or existing Part A mobile plant is the period specified for that description of installation or mobile plant in the following table:-
(3) For the purpose of sub-paragraph (2), where an activity falls within a description in Part A of more than one Section of Part 1 of Schedule 1, it shall be regarded as falling only within that description which fits it most aptly. (4) Subject to sub-paragraph (5), where more than one activity falling within Part A of any Section in Part 1 of Schedule 1 is carried out in an existing Part A installation or using an existing Part A mobile plant, the relevant period for that installation or mobile plant shall be the period beginning with the earliest date listed against one of those activities in the table in sub-paragraph (2). (5) Where more than one activity falling within Part A of any Section in Part 1 of Schedule 1 is carried out in an existing Part A installation, the operator of the installation may apply to SEPA to determine that the relevant period for the installation shall not be the period determined by sub-paragraph (4) but the later period listed in the table in sub-paragraph (2) against the primary activity of the installation. (6) An application under sub-paragraph (5) shall be in writing (or in electronic form acceptable to SEPA) and shall -
(b) list the activities falling within Part A of any Section in Part 1 of Schedule 1 which are carried on in the installation; and (c) identify which of those activities the operator considers to be the primary activity,
and shall be submitted at least 3 months before the beginning of the period which would be the relevant period for the installation concerned under sub-paragraph (4).
(b) an application for a permit to operate the installation shall only be treated as having been duly made if each of the separate applications are duly made; (c) the determination date for the installation shall be, in relation to each part of the installation which is covered by a separate application, the determination date for that part of the installation.
4.
- (1) Where there is a substantial change in the operation of an existing Part A installation on or after 31st October 1999 and before the transitional date, the prescribed date for that part of the installation affected by the change shall be-
(b) where no such application is made, the transitional date.
(2) Where there is a substantial change in the operation of an existing Part A installation on or after the transitional date, the prescribed date for that part of the installation affected by the change shall be the date on which the change is made if earlier than the date which would be the prescribed date for the installation under paragraph 2.
(b) for an installation, part of an installation or mobile plant in relation to which a permit is refused and the applicant for the permit appeals against the refusal, the date of the affirmation of the refusal; (c) for an installation, part of an installation or mobile plant in relation to which a permit is refused and-
(ii) following determination of an appeal to the Scottish Ministers, no appeal is then made to the sheriff, the twenty second day after that determination; or (iii) where any further appeal is taken, the day after the expiry of the period allowed for appeal therefrom (or, if there is no such date, the date of final detemination of such appeal);
(b) an installation or mobile plant which is put into operation on or after that date but before 31st October 2000, provided that-
(ii) an application for such authorisation was duly made before that date;
(b) where the operation of the installation or mobile plant immediately before 31st October 1999 requires a waste management licence under Part II of the Environmental Protection Act 1990, a waste management licence under that Part of that Act; (c) in any other case, planning permission granted under the Town and Country Planning (Scotland) Act 1997;
7. The prescribed date for a new Part B installation or new Part B mobile plant is the relevant date for that installation or mobile plant. 8. The prescribed date for an existing Part B installation or existing Part B mobile plant is the determination date for that installation or mobile plant. 9. - (1) Subject to the following provisions of this paragraph, no application for a permit to operate an existing Part B installation or existing Part B mobile plant shall be made to SEPA. (2) Where an operator of a Part B installation or a Part B mobile plant proposes to put the installation or mobile plant into operation during the 4 month period ending on the relevant date for the installation or mobile plant, that person may make an application for a permit to operate that installation or mobile plant. (3) The operator of an existing Part B installation or existing Part B mobile plant shall, unless that person has made an application to operate the installation or mobile plant under sub-paragraph (2), be deemed to have made an application for a permit to operate that installation or mobile plant six months before the first review date for the existing Part B authorisation (calculated in accordance with section 6(6) of the Environmental Protection Act 1990[27]) falling after the relevant date for that installation or mobile plant. (4) Where sub-paragraph (3) applies in relation to an existing Part B installation and different parts of the installation are operated by different operators, each operator shall be deemed to have been made an application to operate that part of the installation which they operate. (5) Schedule 4 shall not apply to a deemed application under sub-paragraph (3). (6) SEPA shall give notice of its determination of a deemed application under sub-paragraph (3) to the applicant within the period of 12 months beginning with the date on which the application is deemed to have been made and if SEPA fails to give notice of its determination within that period the application shall, if the applicant notifies SEPA in writing (or in electronic form acceptable to it) that the applicant treats the failure as such, be deemed to have been refused at the end of that period. (7) Where sub-paragraph (3) applies SEPA shall, within 2 months of the date on which the application is deemed to have been made, notify the operator of the installation or mobile plant of the deemed application and of the requirementsof sub-paragraph (6). (8) Where separate applications are deemed to have been made under sub-paragraph (4) to operate different parts of a Part B installation the prescribed date for the installation shall be, in relation to each part of the installation covered by a separate application, the determination date for that part of the installation. 10. For the purpose of this Part of this Schedule the relevant date for a Part B installation or a Part B mobile plant shall be 31st December 2002. 11. In this Part of this Schedule-
1. - (1) An application to SEPA for a permit under regulation 7 shall be in writing (or in electronic form acceptable to it) and, subject to paragraphs 2 and 3, shall contain the following information:-
(b) in the case of an application for a permit to operate an installation or Part A mobile plant, the address of the site of the installation or mobile plant and its national grid reference, a map or plan showing that site and, in the case of an installation, the location of the installation on that site, and the name of any local authority in whose area the site is situated; (c) in the case of an application for a permit to operate a Part B mobile plant, the name of the local authority in whose area the applicant has his principal place of business and the address of that place of business or, where the operator of the mobile plant has his principal place of business outside of Scotland, the name of the local authority in whose area the plant was first operated or, where the plant has not been operated in Scotland, the local authority in whose area it is intended by the operator that the plant will first be operated; (d) in the case of an application for a permit to operate a Part A installation or a Part A mobile plant, a site report containing the information required by sub-paragraph (2); (e) a description of the installation or mobile plant, the activities listed in Part 1 of Schedule 1 to be carried out in the installation or by means of the mobile plant, and, in the case of an installation, any other directly associated activities to be carried out on the same site as the installation which will have a technical connection with those listed activities and which could have an effect on pollution; (f) the raw and auxiliary materials and other substances and the energy to be used in or generated by the carrying out of the activities referred to in paragraph (e); (g) the nature, quantities and sources of foreseeable emissions from the installation or mobile plant into each environmental medium, and a description of any foreseeable significant effects of the emissions on the environment; (h) the proposed technology and other techniques for preventing or, where that is not practicable, reducing and rendering harmless emissions from the installation or mobile plant; (i) the proposed measures to be taken to monitor the emissions; (j) a description of the measures to be taken for the prevention and recovery of waste generated by the operation of the installation or mobile plant; (k) a description of any proposed additional measures to be taken to comply with the general principles set out in regulation 8(2); (l) in the case of an application for a permit to operate a Part A installation, any relevant information obtained or conclusion arrived at in relation to the installation pursuant to articles 5, 6 and 7 of Council Directive 85/337/EEC on the assessment of the effects of certain public and private projects on the environment[29]; (m) in the case of an application for a permit to operate an installation or mobile plant covered by general binding rules, a statement as to whether the applicant wishes the aspects of the operation of the installation or mobile plant covered by the requirements in the rules to be subject to those requirements instead of conditions included in the permit pursuant to regulation 9; (n) in the case of an application for a permit that will authorise the carrying out of a specified waste management activity at an installation or by means of mobile plant, any information which the applicant wishes SEPA to take into account when considering whether the applicant is a fit and proper person to carry out that activity; (o) any additional information which the applicant wishes SEPA to take into account in considering the application; (p) a non-technical summary of the information referred to in the previous sub-paragraphs.
(2) The site report required by paragraph 1(d) shall describe the condition of the site of the installation or Part A mobile plant and shall, in particular, identify any substance in, on or under the land which may constitute a pollution risk.
(f) details of the type of fuel to be used and its source; (g) details of the height and location of any chimney through which waste gases produced by the appliance would be carried away and details of the efflux velocity of the waste gases leaving such a chimney produced by the appliance in normal operation; (h) details of the location of the fuel storage tanks of the appliance;".
(2) In this paragraph and in paragraphs 8 and 10 "waste oil" has the same meaning as in Section1.1 of Part 1 of Schedule 1.
(b) in the case of an application for a permit to operate a Part A installation or Part A mobile plant, in the Edinburgh Gazette.
6.
An advertisement required by paragraph 5 shall-
(b) in the case of an application for a permit to operate an installation or Part A mobile plant, state the address of the site of the installation or mobile plant; (c) describe briefly the activities in Part 1 of Schedule 1 to be carried out in the installation or mobile plant; (d) state that the application contains a description of any foreseeable significant effects of emissions from the installation or mobile plant on the environment; (e) state where any register which contains particulars of the application may be inspected and that it may be inspected free of charge; (f) explain that any person may make representations to SEPA in writing (or in electronic form acceptable to it) within the period of 28 days beginning with the date of the advertisement and give SEPA's address (including its e-mail address) for receiving the representations; (g) explain that any such representations made by any person will be entered in a public register unless that person requests in writing (or in electronic form acceptable to SEPA) that they should not be so entered, and that where such a request is made there will be included in the register a statement indicating only that representations have been made which have been the subject of such a request.
7.
Where an application is for a permit to operate more than one installation or mobile plant the application and the advertisement required by paragraph 5 shall contain the information required by paragraphs 1 and 6 respectively in relation to each installation or mobile plant. 9. Subject to paragraph 23, SEPA 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:-
(b) in the case of an application for a permit to operate a Part A installation or Part A mobile plant -
(ii) where the operation of the installation or mobile plant may involve the release of any substance into a sewer vested in a water and sewerage authority (established under the Local Government etc. (Scotland) Act 1994[31]), that authority; (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 (within the meaning of regulation 10(1) of the Conservation (Natural Habitats, &c.) Regulations 1994[32]), Scottish Natural Heritage (and where such operation may involve an emission which may affect such a site in England, the Nature Conservancy Council for England); (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 (within the meaning of section 57 (1) of the Harbours Act 1964[33]), that harbour authority;
(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 (within the meaning of regulation 10(1) of the Conservation (Natural Habitats, &c.) Regulations 1994), Scottish Natural Heritage (and where such operation may involve an emission which may affect such a site in England, the Nature Conservancy Council for England);
10.
Paragraph 9 shall not apply in relation to an application for a permit to operate an installation involving only the burning of waste oil in an appliance with a rated thermal input of less than 0.4 megawatts.
(b) indicate the nature of the works or things which that condition might require the holder of the permit to carry out or do; and (c) specify the period allowed for the purpose of paragraph 12 for making representations to SEPA relating to the condition or its possible effects and the manner in which any such representations are to be made.
(3) A person falls within this sub-paragraph if-
(b) that land is land in relation to which it is likely that, as a consequence of the permit being issued subject to the off-site condition in question, rights will have to be granted by virtue of regulation 9(13) to the holder of the permit.
(4) In sub-paragraph (3), "owner" means the person (other than a creditor in a heritable security not in possession of the security subjects) for the time being entitled to receive or who, if the land were let, would be entitled to receive, the rents of the land in connection with which the land is used and includes a trustee, factor, guardian or curator and in the case of public or municipal land includes the persons to whom management of the land is entrusted.
(b) in the case of other persons, the period of 28 days beginning with the date on which the application is advertised pursuant to paragraph 5.
13.
In the case of an application for a permit to operate a Part A installation, any relevant information obtained or conclusion arrived at pursuant to Articles 5, 6 and 7 of Council Directive 85/337/EEC on the assessment of the effects of certain public and private projects on the environment in relation to the installation shall be taken into consideration by SEPA in determining the application.
(b) with the substitution in sub-paragraph (4)-
(ii) for the reference to every person mentioned in paragraph 3(1)(a) of Schedule 8 and every person mentioned in paragraph 3(1)(b) and (c) of that Schedule who has made representations to the Scottish Ministers of a reference to every person who was required to be given notice under paragraph 9 of this Schedule and to any person who made representations to SEPA with respect to the subject matter of the application;
(c) with the substitution in sub-paragraph (7)-
(ii) for the reference in sub-paragraph (7)(c) to any person required under paragraph 3(1)(a) of Schedule 8 to be notified of the appeal of a reference to any person required under paragraph 9 of this Schedule to be notified of the application.
(6) In relation to SEPA and the applicant, regulation 22(5) and (6) shall apply to any determination by the Scottish Ministers of any application referred to them under sub-paragraph (1) as it applies to decisions made by the Scottish Ministers under regulation 22(1) or (2).
(b) any period allowed for making representations in relation to a notice given pursuant to paragraph 11 in so far as that period does not overlap with any other period allowed for making representations in accordance with paragraph 12; (c) where a matter falls to be determined for the purposes of regulation 28 or under regulation 29, any period beginning with the date on which the period of 28 days referred to in paragraph 5 ends and ending on the date on which the application is advertised in accordance with paragraph 23(a).
16.
If SEPA fails to give notice of its determination of an application for a permit within the period allowed by or under paragraph 15, the application shall, if the applicant notifies SEPA in writing (or in electronic form acceptable to SEPA) that the applicant treats the failure as such, be deemed to have been refused at the end of that period.
(b) the 4 month period within which to give notice of determination of the application set out in paragraph 15 shall begin on the date on which SEPA receives notification from the Scottish Ministers that the bilateral consultations have been completed.
(2) In determining an application which is forwarded to another Member State pursuant to paragraph 17, SEPA, or the Scottish Ministers if the application has been referred to them, shall take into consideration any representations duly made in the other Member State which have been forwarded to the Scottish Ministers. 20. The requirements of paragraph 5 of this Schedule shall not apply in so far as they would require the advertisement of information mentioned in paragraph 6 which is not to be included in the register by virtue of regulation 28 or 29. 21. Subject to paragraph 22, the requirements of paragraph 9 of this Schedule shall not apply in so far as they would require a person mentioned in that paragraph to be given information which is not included in the register by virtue of regulation 28 or 29. 22. Paragraph 21 does not apply in so far as-
(b) in the case of Scottish National Heritage, the information is about the release of any substance which may affect a site of special scientific interest or a European site (within the meaning of regulation 10(1) of the Conservation (Natural Habitats, Etc.) Regulations 1994); (c) in the case of an authority mentioned in paragraph 9(b)(iv), the information is about the release of any substance into a harbour managed by that authority.
23.
Where a matter falls to be determined for the purposes of regulation 28 or under regulation 29-
(b) the period for notification under paragraph 9 of this Schedule shall be the period of 14 days beginning 14 days after the day on which the matters to be determined for the purposes of regulation 28 or under regulation 29, as the case may be, are finally disposed of.
24.
For the purposes of paragraph 23 and paragraph 13 of Schedule 7, the matters to be determined under regulation 29 are finally disposed of-
(b) in a case where SEPA determines under regulation 29(2) or (4) that the information in question is not commercially confidential, on the date on which any period for bringing an appeal expires without an appeal being brought or, if such an appeal is brought, on the date of the final determination of the appeal or, as the case may be, the date on which the appeal is withdrawn.
Indicative list of the main polluting substances to be taken into account if they are relevant for fixing emission limit values- AIR 1. Sulphur dioxide and other sulphur compounds 2. Oxides of nitrogen and other nitrogen compounds 3. Carbon monoxide 4. Volatile organic compounds 5. Metals and their compounds 6. Dust 7. Asbestos (suspended particulates, fibres) 8. Chlorine and its compounds 9. Fluorine and its compounds 10. Arsenic and its compounds 11. Cyanides 12. Substances and preparations which have been proved to possess carcinogenic or mutagenic properties or properties which may affect reproduction via the air. 13. Polychlorinated dibenzodioxins and polychlorinated dibenzofurans WATER 1. Organohalogen compounds and substances which may form such compounds in the aquatic environment 2. Organophosphorus compounds 3. Organotin compounds 4. Substances and preparations which have been proved to possess carcinogenic or mutagenicproperties or properties which may affect reproduction in or via the aquatic environment 5. Persistent hydrocarbons and persistent and bioaccumulable organic toxic substances 6. Cyanides 7. Metals and their compounds 8. Arsenic and its compounds 9. Biocides and plant health products 10. Materials in suspension 11. Substances which contribute to eutrophication (in particular, nitrates and phosphates) 12. Substances which have an unfavourable influence on the oxygen balance (and can be measured using parameters such as BOD, COD, etc.). 1. - (1) This Schedule applies in any case where-
(b) a person whose consent is required has, pursuant to the requirements of regulation 9(13), granted, or joined in granting, to the operator any rights in relation to the land; and (c) those rights, or those rights together with other rights, are such as will enable the operator to comply with any requirements imposed on the operator by the off-site condition.
(2) In this Schedule -
2.
In a case where this Schedule applies, any person who has granted, or joined in granting, the rights in question shall be entitled to be paid compensation under this Schedule by the operator.
(b) depreciation in the value of any other interest in land to which the grantor is entitled which results from the exercise of the rights; (c) loss or damage, in relation to any relevant interest to which the grantor is entitled, which-
(ii) does not consist of depreciation in the value of that interest; and (iii) is loss or damage for which he would have been entitled to compensation by way of compensation for disturbance if that interest had been acquired compulsorily under the Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947[38] in pursuance of a notice to treat served on the date on which the rights were granted;
(d) damage to, or injurious affection of, any interest in land to which the grantor is entitled which is not a relevant interest, and which results from the grant of the rights or the exercise of them;
4.
- (1) Subject to sub-paragraph (2), an entitlement to compensation under this Schedule arises on the date of the grant of the rights.
(b) within six months from the date on which the rights are first exercised.
(2) An application shall be made in writing (or in electronic form) to the operator to whom the rights were granted and delivered at or sent by pre-paid post to the last known address for correspondence of that person.
(b) a description of the exact nature of any interest in land in respect of which compensation is applied for; (c) a statement of the amount of compensation applied for, distinguishing the amounts applied for under each of sub-paragraphs (a) to (f) of paragraph 3, and showing how the amount applied for under each sub-paragraph has been calculated; and (d) where the date on which the entitlement to compensation arises is ascertained in accordance with paragraph 4(2), a copy of the notice of the final determination of the appeal.
6.
- (1) The amount to be paid by way of compensation under this Schedule shall be assessed in accordance with the following sub-paragraphs.
(b) no compensation shall be payable in respect of the interest of the creditor (as distinct from the interest which is subject to the security); and (c) any compensation which is payable in respect of the interest which is subject to the security shall be paid (subject to the maximum due thereunder) to the creditor in that security or, if there is more than one creditor, to the first ranking of such creditors and shall, in either case, be applied by such creditor as if it were proceeds of sale.
7.
- (1) Compensation payable under this shall carry interest at the rate for the time being prescribed under section 40 of the Land Compensation (Scotland) Act 1963 from the date specified in sub-paragraph (2) until payment.
(b) in the case of compensation payable by virtue of paragraph 3(c), (d) or (e), the date on which the loss is sustained or the damage done or, where injurious affection is sustained, the date of the injurious affection; (c) in the case of compensation payable by virtue of paragraph 3(f), the date on which the expenses become payable.
(3) If it appears to any person ("the first person") that the first person may become liable to pay to another person ("the second person") compensation under this Schedule or interest under this paragraph the first person may, if the second person requests in writing for the first person to do so, make one or more payments on account of such compensation or interest.
(b) by reason of any agreement or determination, any payment under that sub-paragraph is shown to be excessive,
the payment or, as the case may be, excess shall be recoverable by that person.
(b) where the operator and the grantor or such a creditor agree that payment is to be made in instalments at different dates, on the date agreed as regards each instalment; (c) in any other case, subject to any direction of the Lands Tribunal for Scotland, as soon as reasonably practicable after the amount of the compensation has been finally determined.
(2) Any question of the application of paragraph 6(3) or of disputed compensation shall be referred to and determined by the Lands Tribunal for Scotland.
(b) references in section 11 of that Act to the acquiring authority were references to the operator.
1. An application under regulation 13(2) for the variation of the conditions of a permit shall be in writing (or in electronic form) and shall contain the following information:-
(b) in the case of a permit to operate an installation or Part A mobile plant, the address of the site of the installation or mobile plant to which the permit applies; (c) if appropriate, a description of the proposed change in the operation of the installation or mobile plant requiring the variation and a statement of any changes as respects the matters dealt with in paragraph 1(1)(f) to (k) of Schedule 4 which would result if the proposed change were made; (d) in the case of a variation required by a proposed substantial change in the operation of a Part A installation, any relevant information obtained or conclusion arrived at in relation to the proposed change pursuant to articles 5, 6 and 7 of Council Directive 85/337/EEC on the assessment of the effects of certain public and private projects on the environment[42]; (e) an indication of the variations to the conditions of the permit which the operator wishes SEPA to make; (f) any additional information which the operator wishes SEPA to take into account in considering the application.
2.
If a proposed change in the operation of a Part A installation or Part A mobile plant will result in additional land being included within the site of the installation or mobile plant, the application shall also contain a site report for that additional land describing the condition of the land, in particular, identifying any substance in, on or under the land which may constitute a pollution risk. 4. - (1) Subject to paragraphs (3) and (4), this paragraph applies where-
(b) SEPA proposes to serve a variation notice under regulation 13(5) otherwise than for the purposes of determining an application mentioned in paragraph (a) and the variation will authorise a substantial change in the operation of an installation or mobile plant.
(2) Subject to sub-paragraphs (3) and (4), this paragraph shall also apply where an application is made for the variation of the conditions of a permit under regulation 13(2) or SEPA proposes to serve a variation notice under regulation 13(5) and SEPA determine that in the particular circumstances the procedure set out in the following sub-paragraphs should be followed even though no substantial change is involved (so that paragraph (1) does not apply).
(b) in order to comply with a direction given by the Scottish Ministers.
(4) This paragraph shall not apply in relation to an application for the variation of the conditions of a permit or a proposed variation notice relating to an installation involving only the burning of waste oil (as defined in Section 1.1 of Part 1 of Schedule 1) in an appliance with a rated thermal input of less than 0.4 megawatts.
(b) in the case of a proposed variation notice, serve a copy of the proposed notice on the operator; (c) give notice of the application or proposed variation notice, enclosing a copy of it, to the persons to whom notice would have to be given in accordance with paragraph 9 of Schedule 4 in the case of an application for a permit to operate the installation or mobile plant.
(6) In the case of an application to which this paragraph applies-
(b) if the applicant does not pay to SEPA any fee notified under sub-paragraph (5)(a) within 28 days of the notification, the application shall be deemed to have been withdrawn.
(7) For the purpose of calculating the 14 day period mentioned in sub-paragraph (6)(a), no account shall be taken of any period beginning with the date on which notice is served on an operator under paragraph 3 and end ing on the date on which the operator furnishes the information specified in the notice.
(b) in the case of a Part A installation or Part A mobile plant, in the Edinburgh Gazette.
(9) An advertisement required by sub-paragraph (8) shall-
(b) in the case of a variation affecting the operation of an installation or Part A mobile plant, state the address of the site of the installation or mobile plant concerned; (c) describe briefly the activities in Part 1 of Schedule 1 carried out in the installation or by means of the mobile plant and the change in the operation of the installation or mobile plant that will be authorised by the variation; (d) state where any register containing particulars of the application or proposed variation notice may be inspected and that it may be inspected free of charge; (e) explain that any person may make representations to SEPA in writing (or in electronic form acceptable to it) within the period of 28 days beginning with the date of the advertisement and give the address of SEPA for receiving the representations; (f) explain that any such representations made by any person will be entered in a public register unless that person requests in writing (or in electronic form) that they should not be so entered, and that where such a request is made there will be included in the register a statement indicating only that representations have been made which have been the subject of such a request.
(10) Sub-paragraph (8) shall not apply in relation to an application for the variation of the conditions of a permit or a proposed variation notice relating to an installation which is only used to carry out an activity falling within paragraph (c)(ii) of Part B of Section 1.2 of Part 1 of Schedule 1 (unloading of petrol at service stations).
(b) in the case of other persons, the period of 28 days beginning with the date on which the application or proposed variation notice was advertised pursuant to sub-paragraph (8).
(13) Where this paragraph applies by virtue of sub-paragraph (1) to a variation affecting the operation of a Part A installation, any relevant information obtained or conclusion arrived at pursuant to Articles 5, 6 and 7 of Council Directive 85/337/EEC on the assessment of the effects of certain public and private projects on the environment in relation to the substantial change shall be taken into consideration by SEPA in determining the application or before serving the variation notice.
(b) that land is land in relation to which it is likely that, as a consequence of the off-site condition in question, rights will have to be granted by virtue of regulation 9(13) to the holder of the permit.
(3) A notice served under sub-paragraph (1) shall-
(b) indicate the nature of the works or things which that condition might require the holder of the permit to carry out or do; and (c) specify a period, not being less than 28 days beginning on the date on which the notice is served, in which representations may be made to SEPA relating to the condition or its possible effects and the manner in which any such representations are to be made.
(4) In sub-paragraph (2), "owner" has the same meaning as in paragraph 11(4) of Schedule 4.
(b) with the substitution in sub-paragraph (4)-
(ii) for the reference to every person mentioned in paragraph 3(1)(a) of Schedule 8 and every person mentioned in paragraph 3(1)(b) and (c) of that Schedule who has made representations to the Scottish Ministers in writing of a reference to every person who was required to be notified under paragraph 3(4)(b) of this Schedule and to any person who made representations to SEPA with respect to the subject matter of the application;
(c) with the substitution in sub-paragraph (7)-
(ii) for the reference in sub-paragraph (7)(c) to any person required under paragraph 3(1)(a) of Schedule 8 to be notified of the appeal of a reference to any person required under paragraph 3(4)(b) of this Schedule to be notified of the application.
(6) In relation to SEPA and the applicant, regulation 22(5) and (6) shall apply to any determination by the Scottish Ministers of any application referred to them under sub-paragraph (1) as it applies to decisions made by the Scottish Ministers under regulation 22(1) or (2).
(b) where that procedure does not apply, within the period of 3 months beginning with the day on which it received the application,
or, in either case, within such longer period as may be agreed with the applicant.
(b) any period allowed for making representations in relation to a notice given pursuant to paragraph 5 in so far as that period does not overlap with any other period allowed for making representations in accordance with paragraph 4(12); (c) where a matter falls to be determined for the purposes of regulation 28 or under regulation 29, any period beginning with the date on which the period of 28 days referred to in paragraph 4(8) ends and ending on the date on which the application is advertised in accordance with paragraph 15(b).
8.
If SEPA fails to give notice of its determination of an application for a permit within the period allowed by or under paragraph 7, the application shall, if the applicant notifies SEPA in writing (or in electronic form acceptable to it) that the applicant treats the failure as such, be deemed to have been refused at the end of that period.
(b) in the case of an application to be determined by SEPA, the time period within which to determine the application set out in paragraph 7 shall begin on the day on which it receives that notification by the Scottish Ministers that the bilateral consultations have been completed.
11.
In determining an application or before serving a variation notice which has been forwarded to another Member State pursuant to paragraph 7, SEPA, or, in the case of an application, the Scottish Ministers if the application has been referred to them, shall take into consideration any representations duly made in the other Member State which have been forwarded to the Scottish Ministers. 13. The requirements of paragraph 4(8) of this Schedule shall not apply in so far as they would require the advertisement of information mentioned in paragraph 4(9) which is not to be included in the register by virtue of regulation 28 or 29. 14. Paragraphs 21 and 22 of Schedule 4 shall apply in relation to the requirement to give notice under paragraph 4(5)(b) of this Schedule as they apply to the requirement to give notice under paragraph 9 of that Schedule. 15. Where a matter falls to be determined for the purposes of regulation 28 or under regulation 29-
(b) the period within which an advertisement is to be published under paragraph 4(8) shall be 28 days beginning 14 days after the day on which the matters to be determined for the purposes of regulation 28 or under regulation 29, as the case may be, are finally disposed of.
1. - (1) A person who wishes to appeal to the Scottish Ministers under regulation 22 shall give to the Scottish Ministers written notice of the appeal together with the documents specified in sub-paragraph (2) and shall at the same time send to SEPA a copy of that notice together with copies of the documents specified in sub-paragraph (2)(a) and (f). (2) The documents mentioned in sub-paragraph (1) are-
(b) a copy of any relevant application; (c) a copy of any relevant permit; (d) a copy of any relevant correspondence between the appellant and SEPA; (e) a copy of any decision or notice which is the subject matter of the appeal; (f) a statement indicating whether the appellant wishes the appeal to be in the form of a hearing or to be disposed of on the basis of written representations.
(3) An appellant may withdraw an appeal by notifying the Scottish Ministers in writing (or in electronic form) and shall send a copy of that notification to SEPA.
(b) in the case of an appeal under regulation 22(2) against a revocation notice, before the date on which the revocation takes effect; (c) in the case of an appeal under regulation 22(2) against a variation notice, an enforcement notice or a suspension notice, before the expiry of the period of two months beginning with the date of the notice which is the subject matter of the appeal.
(2) The Scottish Ministers may in a particular case allow notice of appeal to be given after the expiry of the periods mentioned in sub-paragraph (1)(a) or (c).
(b) any person who made representations to SEPA with respect to the subject matter of the appeal; and (c) any person who appears to SEPA to have a particular interest in the subject matter of the appeal.
(2) A notice under sub-paragraph (1) shall-
(b) state the name of the appellant and, where the appeal concerns an installation or Part A mobile plant, the address of the site of the installation or mobile plant; (c) describe the application or permit to which the appeal relates; (d) state that representations with respect to the appeal may be made to the Scottish Ministers in writing (or in electronic form) by any recipient of the notice within a period of 21 days beginning with the date of the notice and that copies of any representations so made will be furnished to the appellant and to SEPA; (e) explain that any such representations made by any person will be entered in a public register unless that person requests in writing (or in electronic form) that they should not be so entered, and that where such a request is made there will be included in the register a statement indicating only that representations have been made which have been the subject of such a request; (f) state that if a hearing is to be held wholly or partly in public, a person mentioned in sub-paragraph (1)(b) or (c) who makes representations with respect to the appeal and any person mentioned in sub-paragraph (1)(a) will be notified of the date of the hearing.
(3) SEPA shall, within 14 days of sending a notice under sub-paragraph (1), notify the Scottish Ministers of the persons to whom and the date on which the notice was sent.
(b) serve a copy of that notice on every person mentioned in paragraph 3(1)(a) and on every person mentioned in paragraphs 3(1)(b) and (c) who has made representations to the Scottish Ministers.
(5) The Scottish Ministers may vary the date fixed for the holding of any hearing and sub-paragraphs (3) and (4) shall apply to the variation of a date as they applied to the date originally fixed.
(b) SEPA; and (c) any person required under paragraph 3(1)(a) to be notified of the appeal.
(8) Nothing in sub-paragraph (7) shall prevent the appointed person from permitting any other persons to be heard at the hearing and such permission shall not be unreasonably withheld.
(b) with the substitution in subsection (4) (evidence) for the reference to the person appointed to hold the inquiry and, in paragraph (b), the reference to the person holding the inquiry of references to the appointed person; (c) with the substitution in subsection (6) (expenses of witnesses etc.) for the references to the Minister causing the inquiry to be held of a reference to the appointed person or the Scottish Ministers; (d) with the substitution in subsection (7) (expenses) for the references to the Minister of references to the appointed person or the Scottish Ministers; (e) with the substitution in subsection (7A) (recovery of entire administrative expense)-
(ii) in paragraph (a), for the reference to the Minister of a reference to the Scottish Ministers; and (iii) in paragraph (b), for the reference to the Minister holding the inquiry of a reference to the Scottish Ministers;
(f) with the substitution in subsection (7B) (power to prescribe daily amount)-
(ii) in paragraphs (a) and (c), for the references to the person appointed to hold the inquiry of references to the appointed person; and (iii) in paragraph (d), for the reference to the Minister of a reference to the appointed person or the Scottish Ministers; and
(g) with the substitution in subsection (8) (certification of expenses) for the reference to the Minister, the reference to him and the reference to the Crown of references to the appointed person or the Scottish Ministers.
5.
- (1) Where the appeal is to be disposed of on the basis of written representations, SEPA shall submit any written representations to the Scottish Ministers not later than 28 days after receiving a copy of the documents mentioned in paragraph 1(2)(a) and (f) .
(b) require exchanges of representations between the parties in addition to those mentioned in paragraphs (1) and (2).
6.
- (1) The Scottish Ministers shall give notice to the appellant of their determination of the appeal and shall provide the appellant with a copy of any report mentioned in paragraph 4(9).
(b) a copy of their determination of the appeal to any person mentioned in paragraph 3(1)(b) and (c) who made representations to the Scottish Ministers and, if a hearing was held, to any other person who made representations in relation to the appeal at the hearing.
7.
Where a determination of the Scottish Ministers is quashed on appeal, the Scottish Ministers-
(b) shall afford to those persons the opportunity of making, within 28 days of the date of the statement, written representations in respect of those matters; and (c) may, as they think fit, cause a hearing to be held or reopened and, if they do so, paragraphs 4(2) to (10) shall apply to the hearing or the reopened hearing as they apply to a hearing held under paragraph 4(1),
and paragraph 6 shall apply to the redetermination of the appeal as it applies to the determination of an appeal. 1. Subject to regulations 28 or 29, the register maintained by SEPA under regulation 27 shall contain-
(b) all particulars of any notice to the applicant by SEPA under paragraph 4 of Schedule 4 and paragraph 3 of Schedule 7 and of any information furnished in response to such a notice; (c) all particulars of any advertisement published pursuant to paragraph 5 of Schedule 4 or paragraph 4(8) of Schedule 7 and of any representations made by any person in response to such an advertisement, other than representations which the person who made them requested should not be placed in the register; (d) in a case where any such representations are omitted from the register at the request of the person who made them, a statement by SEPA that representations have been made which have been the subject of such a request (but such statement shall not identify the person who made the representations in question); (e) all particulars of any representations made by any person required to be given notice under paragraph 9 of Schedule 4 or paragraph 4(5)(c) of Schedule 7; (f) all particulars of any permit granted by SEPA; (g) all particulars of any notification of SEPA given under regulation 12(1); (h) all particulars of any application made to SEPA for the variation, transfer or surrender of a permit; (i) all particulars of any variation, transfer and surrender of any permit granted by SEPA; (j) all particulars of any revocation of a permit granted by SEPA; (k) all particulars of any enforcement notice or suspension notice issued by SEPA; (l) all particulars of any notice issued by SEPA withdrawing an enforcement notice or a suspension notice; (m) all particulars of any notice of appeal under regulation 22 against a decision by SEPA or a notice served by it and of the documents relating to the appeal mentioned in paragraph 1(2)(a), (d) and (e) of Schedule 8; (n) all particulars of any representations made by any person in response to a notice given under paragraph 3(1) of Schedule 8, other than representations which the person who made them requested should not be placed in the register; (o) in a case where any such representations are omitted from the register at the request of the person who made them, a statement by SEPA that representations have been made which have been the subject of such a request (but such statement shall not identify the person who made the representations in question); (p) all particulars of any written notification of the determination by the Scottish Ministers (or, as the case may be, the sheriff) of an appeal and any report accompanying any written notification; (q) details of any conviction of any person for any offence under regulation 30(1) which relates to the operation of an installation or mobile plant under a permit granted by SEPA, or without such a permit in circumstances where one is required by regulation 6, including the name of the person, the date of conviction and, in the case of a conviction, the penalty imposed and the name of the Court; (r) all particulars of any monitoring information relating to the operation of an installation or mobile plant under a permit granted by SEPA which has been obtained by it as a result of its own monitoring or furnished to it in writing (or in electronic form acceptable to it) by virtue of a condition of the permit or under regulation 26(2); (s) in a case where any such monitoring information is omitted from the register by virtue of regulation 29, a statement by SEPA, based on the monitoring information from time to time obtained by or furnished to it, indicating whether or not there has been compliance with any relevant condition of the permit; (t) all particulars of any other information furnished in compliance with a condition of the permit, a variation notice, enforcement notice or suspension notice, or regulation 26(2); (u) where a permit granted by SEPA authorises the carrying out a specified waste management activity, all particulars of any waste management licence (within the meaning of regulation 15(13)) which ceased to have effect on the granting of the permit in so far as they may be relevant for the purpose of determining under regulation 15 whether any pollution risk results from the carrying out of such an activity on the site covered by the permit; (v) all particulars of any report published by SEPA relating to an assessment of the environmental consequences of the operation of an installation in the locality of premises where the installation is operated under a permit granted by it; and (w) all particulars of any direction (other than a direction given for the purposes of section 20 of the Environmental Protection Act 1990 and applied in respect of the register maintained under regulation 27 by virtue of regulation 28) given to SEPA under any provision of these Regulations.
2.
Where an application is withdrawn by the applicant at any time before it is determined, all particulars relating to that application which are already in the register shall be removed from that register not less than two months and not more than three months after the date of withdrawal of the application, and no further particulars relating to that application shall be entered in the register.
(b) information relating to a particular installation or mobile plant which has been superseded by later information relating to that installation or mobile plant four years after that later information was entered in the register,
but this paragraph shall not apply to any aggregated monitoring data relating to overall emissions of any substance or class of substance from installations or mobile plant generally or from any class of installations or mobile plant. 1. After section 30I(1) of the Control of Pollution Act 1974(interpretation)[44], insert after paragraph (b)-
2.
In section 91A(6) of the Income and Corporation Taxes Act 1988 (waste disposal : restoration payments)[45], after paragraph (b) insert-
3.
- (1) The Environmental Protection Act 1990[46] has effect subject to the following amendments.
(b) after that subsection insert-
(b) the prescribed process covered by the authorisation is carried on in an existing Part A installation or by means of an existing Part A mobile plant and the review would be carried out within the period of two years ending at the beginning of the relevant period for that installation or mobile plant; (c) the prescribed process covered by the authorisation is carried on in an existing Part B installation or by means of an existing Part B mobile plant and the review would be carried out within the two year period ending on the relevant date for that installation or mobile plant.
(6B) In subsection (6A) above, "new Part A installation", "existing Part A installation", "new Part A mobile plant", "existing Part A mobile plant", "relevant period", "existing Part B installation", "existing Part B mobile plant" and "relevant date" have the meanings given in Schedule 3 to the Pollution Prevention and Control (Scotland) Regulations 2000.".
(3) In section 34(1)(duty of care as respects waste)-
(b) in paragraph (c)(ii), after the words "that section", insert "or any condition of a permit granted under regulation 7 of those Regulations;".
(4) In section 35 (waste management licences : general)-
(b) after subsection (11) insert-
(5) In section 78YB (interaction of contaminated land provisions with other enactments)[47], after subsection (2) insert-
(b) enforcement action may be taken in relation to that activity.
(2B) A remediation notice shall not be served in respect of contaminated land if and to the extent that-
(b) enforcement action may be taken in relation to that activity.
(2C) In subsections (2A) and (2B) above-
(6) In section 79(10) (restrictions on taking proceedings for statutory nuisance)[48], for the words "or (e)" substitute ",(e) or (g)" and for "paragraph (g) or (ga)" substitute "paragraph (ga)". 4. - (1) The Clean Air Act 1993[49] has effect subject to the following amendments. (2) In section 31(4) (regulations about sulphur content of oil fuel for furnaces or engines)-
(b) in paragraph (b), for "such furnaces" substitute "furnaces within sub-paragraph (i) of paragraph (a) above and of the Scottish Environment Protection Agency to enforce those provisions in relation to furnaces within sub-paragraph (ii) of that paragraph".
(3) In section 36 (notices requiring information about air pollution), after subsection (2) insert-
(4) After section 41 (relation to the Environmental Protection Act 1990) insert-
41A. - (1) Where an activity is subject to regulations under section 2 of the Pollution Prevention and Control Act 1999 (regulation of polluting activities) Parts I to III of this Act shall not apply as from the determination date for the activity in question. (2) The "determination date", for an activity, is-
(b) in the case of an activity for which a permit is refused, the date of refusal or, on appeal, of the affirmation of the refusal.
(3) In subsection (2) "permit" means a permit under regulations under section 2 of the Pollution Prevention and Control Act 1999 and the reference to an appeal is a reference to an appeal under those regulations.".
5. - (1) The Environment Act 1995[50] has effect subject to the following amendments. (2) In section 56(1) (interpretation of Part I of the 1995 Act), after paragraph (a) of the definition of "environmental licence" in relation to SEPA insert-
(3) In section 108(15) (powers of entry -interpretation) after paragraph (m) of the definition of "pollution control functions" insert-
(4) In section 114(2)(a) (power to delegate functions relating to appeals), after sub-paragraph (vii) insert-
(5) In Schedule 20, in paragraph 4(3) (holding of inquiries and other hearings by appointed persons) -
(b) insert after paragraph (c)-
(d) regulation 22 of the Pollution Prevention and Control (Scotland) Regulations 2000,".
6.
- (1) The Finance Act 1996[51] has effect subject to the following amendments.
(b) insert after paragraph (g)-
(j) a suspension notice served under regulation 20 of those Regulations; or (k) an order under regulation 33 of those Regulations.".
(3) After section 67(b) (operators of landfill sites) insert-
7. In the definition of "site licence" in article 2(1) of the Radioactive Substances (Hospitals) Exemption Order 1990[53], after "1990" insert "or a permit under the Pollution Prevention and Control (Scotland) Regulations 2000". 8. After regulation 3 of the Environmental Protection (Prescribed Processes and Substances) Regulations 1991[54] insert-
3A. - (1) Where a process which is being carried on under an authorisation requires a permit under the Pollution Prevention and Control (Scotland) Regulations 2000 authorising the carrying on of that process in an installation or by means of mobile plant and an application is made (or deemed to have been made) under those Regulations for the permit, that process shall, from the determination date for the installation or mobile plant, as the case may be, no longer be taken to fall within a description in Schedule 1. (2) Where a process which is not being carried on under an authorisation requires a permit under those Regulations authorising the carrying on of that process in an installation or by means of mobile plant, that process shall not be taken to fall within a description in Schedule 1 from the date on which the permit is required. (3) In this regulation, "installation" and "mobile plant" have the meanings given in regulation 2(1) of the Pollution Prevention and Control (Scotland) Regulations 2000 and "determination date" has the meaning given in Schedule 3 to those Regulations.".
9. At the end of Schedule 1 to the Controlled Waste (Registration of Carriers and Seizure of Vehicles) Regulations 1991[55] insert "The Pollution Prevention and Control (Scotland) Regulations 2000.". 10. In the Table in regulation 2 of the Environmental Protection (Duty of Care) Regulations 1991[56], after the second entry in column 1 insert-
11. - (1) The Waste Management Licensing Regulations 1994[57] have effect subject to the following amendments. (2) In regulation 1(3) after the definition of "the 1991 Regulations" insert-
(3) In regulation 3 (relevant offences) after paragraph (n) insert-
(4) In regulation 10 (public registers)-
(ii) variation notices under regulation 13 of the 2000 Regulations varying such permits; (iii) revocation notices under regulation 17 of those Regulations and suspension notices under regulation 20 of those Regulations issued in relation to such permits; (iv) notices of determination issued under regulation 16 of those Regulations in relation to applications made to surrender such permits.";
(b) in paragraph (4), after "waste management licence" where those words first occur insert "and permits granted under the 2000 Regulations";
(5) In regulation 11 (information to be excluded or removed from register), after paragraph (2) insert-
(6) In regulation 16 (exclusion from waste management licensing)-
(bb) the disposal of waste under a permit granted under the 2000 Regulations where the activity is or forms part of an activity within paragraph (a) or (b) of Part A of Section 5.1 (incineration) of Part 1 of Schedule 1 to those Regulations; (bc) the disposal of waste under a permit granted under the 2000 Regulations where the activity is or forms part of an activity within paragraph (a) or (b) of Part B of Section 5.1 (incineration) of Part 1 of Schedule 1 to those Regulations in so far as the activity results in the release of substances into the air;";
(b) for "and (b)" in paragraph (2) substitute ", (b) and (bc)";
(7) In paragraph (10) of regulation 18 (registration in connection with exempt activities)-
(b) after sub-paragraph (a) insert-
(ii) paragraph 4 of Schedule 3 if it involves the coating or spraying of metal containers as or as part of an activity within Part B of Section 6.4 (coating activities and printing) of Part 1 of Schedule 1 to the 2000 Regulations and the activity is for the time being the subject of a permit granted under those Regulations, or if it involves storage related to that activity; or (iii) paragraph 12 of Schedule 3 if it involves the composting of biodegradable waste as or as part of an activity within paragraph (a) of Part B of Section 6.8 (treatment of animal and vegetable matter) of Part 1 of Schedule 1 to the 2000 Regulations, the compost is to be used for the purpose of cultivating mushrooms and the activity is for the time being the subject of a permit granted under those Regulations, or if it involves storage related to that activity,
the Scottish Environment Protection Agency granting the permit under the 2000 Regulations authorising the exempt activity;".
(8) In regulation 20(2)(a), after "1990 Act" insert "a permit under the 2000 Regulations,".
(2) The storage, at the place where the activity is carried out, of any such waste which is intended to be so used.";
(2) The loading or unloading of such a furnace in connection with its operation in a manner covered by the exemption conferred by sub-paragraph (1). (3) The storage, at the place where such a furnace is located (but not in cases where that place is used for carrying on business as a scrap metal dealer) of scrap metal intended to be submitted to an operation covered by the exemption conferred by sub-paragraph (1).";
(d) in paragraph 3(d), after "1990 Act" insert "or a permit under the 2000 Regulations" and after "1991 Regulations" insert "or an activity within Part B of Section 1.1 of Part 1 of Schedule 1 to the 2000 Regulations"; (e) in paragraph 24(1), after "1991 Regulations" insert "or under a permit under the 2000 Regulations, to the extent that it is or forms part of an activity within paragraph (a) of Part B of Section 3.5 (other mineral activities) of Part 1 of Schedule 1 to the 2000 Regulations"; (f) in paragraph 29(1), after "1991 Regulations" insert "or an exempt incineration plant for the purposes of Section 5.1 of Part 1 of Schedule 1 to the 2000 Regulations"; (g) in paragraph 44(3), after "1991 Regulations" insert-
(h) in paragraph 44(4), after "1991 Regulations" insert-
(10) In Schedule 4-
(b) after paragraph 2(4) insert-
(b) Part II of the 1990 Act for the purpose of preventing or reducing emissions into the air.
(6) In sub-paragraph (5), "Part B installation" has the meaning given by regulation 2(1) of the 2000 Regulations.";
12.
After regulation 84 of the Conservation (Natural Habitats, &c.) Regulations 1994[58] insert-
84A. - (1) Regulations 48 and 49 (requirement to consider effect on European site) apply in relation to the granting of a permit under the Pollution Prevention and Control (Scotland) Regulations 2000. (2) Where in such a case the competent authority consider that any adverse effects of the plan or project on the integrity of a European site would be avoided if the permit were subject to conditions, they may grant a permit, or cause a permit to be granted, subject to those conditions. (3) Regulations 50 and 51 (requirement to review existing decisions and consents, &c.) apply to any such permit as is mentioned in paragraph (1). (4) Where on the review of such a permit the competent authority consider that any adverse effects on the integrity of a European site of the carrying out or, as the case may be, the continuation of activities authorised by it would be avoided by a variation of the permit, they may vary it, or cause it to be varied, accordingly. (5) Where any question arises as to agreeing to a plan or project, of affirming a permit on review, under regulation 49 (considerations of overriding public interest), the competent authority shall refer the matter to the Scottish Ministers who shall determine the matter in accordance with that regulation and give directions to the authority accordingly.".
13. - (1) In regulation 15 of the Special Waste Regulations 1996[59] (registers)-
(2) In regulation 17(2) (restrictions on mixing special waste) of those Regulations, in paragraph (a), after "1990 Act" insert "or under a permit granted under the Pollution Prevention and Control (Scotland) Regulations 2000". 14. In regulation 33(4) of the Landfill Tax Regulations 1996[60], after paragraph (g) insert-
(i) a suspension notice served under regulation 20 of those Regulations; (j) an order under regulation 33 of those Regulations.".
15.
- (1) The Specified Risk Material Regulations 1997[61] have effect subject to the following amendments. 16. - (1) The Groundwater Regulations 1998[62] have effect subject to the following amendments. (2) In the definition of "authorisation" in regulation 1(3), omit "and" at the end of paragraph (c) and after paragraph (d) insert-
(e) a permit under the Pollution Prevention and Control (Scotland) Regulations 2000 in so far as it authorises the operation of a Part A installation or Part A mobile plant within the meaning of those Regulations;".
(3) After "(integrated pollution control)" in regulation 3 insert "and the Pollution Prevention and Control (Scotland) Regulations 2000". 17. - (1) The Contaminated Land (Scotland) Regulations 2000[63] have effect subject to the following amendments. (2) In regulation 2-
(b) after paragraph (3) insert-
(3) In paragraph 13 of Schedule 4-
(b) in sub-paragraph (c), after "section 27" insert "or by means of enforcement action (within the meaning of section 78YB(2C)".
EXPLANATORY NOTE
[2] O.J. No. L 257, 10.10.96, p.26.back [3] O.J. No. L 246, 17.9.80, p.1, as amended by Council Directive 84/467/Euratom (O.J. L265, 5.10.84, p.4).back [4] O.J. No. L 117, 8.5.90, p.1.back [5] O.J. No. L 117, 8.5.90, p.15.back [6] 1990 c.43; see regulation 3 of S.I. 1994/1056 (amended by S.I. 1994/1137).back [7] 1995 c.25; the definition of "environmental licences" in section 56(1) of the 1995 Act, which defines that expression for the purposes of section 41 of that Act, is amended by paragraph 5(2) of Schedule 10 to these Regulations.back [9] O.J. No. L 194, 25.7.75, p.39, as amended by Council Directives 91/156/EEC (O.J. No. L 78, 26.3.91, p.32) and 91/692/EEC (O.J. No. L 377, 31.12.91, p.48 and Commission Decision 96/350/EC (O.J. No. L 135, 6.6.96, p.32).back [10] 1990 c.43; section 35(11A) is inserted by paragraph 3(4)(b) of Schedule 10 to these Regulations.back [13] See S.I. 1999/1750, Schedule 2.back [15] S.I. 1991/507; that definition was added by S.I. 1996/2678.back [16] O.J. No. L 365, 31.12.94, p.24.back [17] O.J. No. L 377, 31.12.91, p.20.back [18] O.J. No. L 194, 25.7.75, p.23.back [19] O.J. No. L 194, 25.7.75 p.39; amended by Council Directives 91/156/EEC (O.J. No. L 78, 26.3.91 p.32) and 91/692/EEC (O.J. No. L 377, 31.12.91, p.48) and Commission Decision 96/350/EC (O.J. No. L 135, 6.6.96 p.32).back [20] O.J. No. L 307, 27.11.75, p.22.back [21] O.J. No. L 163, 14.6.89, p.32.back [22] O.J. No. L 203, 15.7.89, p.50.back [27] Section 6(6) is amended and section 6(6A) is inserted by paragraph 3(2) of Schedule 10 to these Regulations.back [28] 1985 c.6; section 736 was substituted by section 144(1) of the Companies Act 1989 (c.40).back [29] O.J. No. L 175, 5.7.85, p. 40 (as amended by Council Directive 97/11/EC (O.J. No. L 73, 14.3.97, p.5)).back [30] See section 1 of the Food Standards Act 1999 (c.28).back [34] 1965 c.57; section 1 was amended by S.I. 1974/2056 and S.I. 1990/1918.back [36] See section 10 of the Health and Safety at Work etc. Act 1974 (c.37).back [37] The Directive is extended to the European Economic Area by the decision of the EEA Joint Committee No. 27/97 of 30th April 1997 (O.J. L 242, 4.9.97, p.76).back [39] 1963 c.51. Section 12 was repealed in part by the Planning and Compensation Act 1991 (c.34), Schedules 17 and 19.back [40] 1970 c.35. Section 9 was amended by the Abolition of Feudal Tenure etc. (Scotland) Act 2000 (2000 asp 5), section 31, Schedule 10, paragraph 32(6) and Schedule 11.back [41] Section 9 was amended by the Local Government, Planning and Land Act 1980 (c.65), Schedule 33, paragraph 7(2).back [42] O.J. No. L 175, 5.7.85, p.40 (as amended by Council Directive 97/11/EC (O.J. No. L 73, 14.3.97 p.5)).back [43] 1973 c.65; section 210 was amended by the Housing and Planning Act 1986 (c.63), Schedule 11, paragraph 39.back [44] 1974 c. 40. Section 30I was inserted by the Environment Act 1995, Schedule 16, paragraph 2.back [45] Section 91A was inserted by the Finance Act 1990 (c.29), section 78.back [47] Section 78YB was inserted by section 57 of the Environment Act 1995 (c.25).back [48] Section 79(10) was amended by paragraph 2(d) of Schedule 17 to the Environment Act 1995.back [52] Section 43A was inserted by the Landfill Tax (Contaminated Land) Order 1996 (S.I. 1996/1529).back [54] S.I. 1991/472; to which there are amendments not relevant to these Regulations.back [55] S.I. 1991/1624; Schedule 1 was amended by S.I. 1994/1137 and S.I. 1996/972.back [56] S.I. 1991/2839; to which there are amendments not relevant to these Regulations.back [57] S.I. 1994/1056; relevantly amended by S.I. 1995/288 and 1996/972.back [58] S.I. 1994/2716; to which there are amendments not relevant to these Regulations.back [59] S.I. 1996/972; to which there are amendments not relevant to these Regulations.back [61] S.I. 1997/2965; to which there are amendments not relevant to these Regulations.back
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