The Pollution Prevention and Control (Industrial Emissions) Regulations (Northern Ireland) 2013

Contents

Part 1 1Citation and commencement#

These Regulations may be cited as the Pollution Prevention and Control (Industrial Emissions) Regulations (Northern Ireland) 2013 and shall, subject to Schedules 3 and 17, come into operation on 20th June 2013.

2Interpretation: general#

(1)In these Regulations—• “the 2003 Landfill Regulations” means the Landfill Regulations (Northern Ireland) 2003;• “baseline report” means, in relation to any particular site, all relevant information on the state of soil and groundwater contamination by relevant hazardous substances and shall include in particular all relevant—(a) information on the existing use of the site;(b) information on past uses of the site; and(c) soil and groundwater measurements based on—(a) previously existing information; and(b) new information,if using that information provides an accurate description of the state of the site at the time of the report;• “change in operation” means, in relation to an installation or mobile plant, a change in the nature or functioning or an extension of the installation or mobile plant which may have consequences for the environment;• “chief inspector” means the inspector constituted to be the chief inspector under regulation 8(3);• “coating” means any preparation, including all the organic solvents or preparations containing organic solvents necessary for its proper application, which is used to provide a film with decorative, protective or other functional effect on a surface;• “cogeneration” means the simultaneous generation in one process of thermal energy and electrical or mechanical energy;• “combustion plant” means any technical apparatus in which fuels are oxidised in order to use the heat thus generated;• ^note...• “controlled waste” has the same meaning as in the Waste and Contaminated Land (Northern Ireland) Order 1997;• “cost-benefit analysis” means a cost-benefit analysis carried out in accordance with Part 2 of Annex IX of the Energy Efficiency Directive;• “the Department” means the Department of the Environment;• “the Directive” means Directive 2008/98/EC of the European Parliament and of the Council on waste as last amended by Directive (EU) 2018/851;• “directly associated activity” means—(a) in relation to an activity carried out in a stationary technical unit and falling within any description in sections 1.1 to 6.11 of Part 1 of Schedule 1, any directly associated activity which has a technical connection with the activity carried out in the stationary technical unit and which could have an effect on pollution; and(b) in relation to a SED activity, any directly associated activity which has a technical connection with the SED activity carried out on the same site and which could have an effect on any discharge of volatile organic compounds into the environment;• “draft determination” means the proposed decision made by the enforcing authority in relation to an application for, a permit or a permit variation, for a Part A installation or Part A mobile plant. The proposed decision must be advertised and interested parties may make representations which are then considered by the enforcing authority before it makes its final determination, in line with public participation principles.• “emission” means—(a) in relation to Part A installations, the direct or indirect release of substances, vibrations, heat or noise from individual or diffuse sources in the installation into the air, water or land;(b) in relation to Part B installations, the direct release of substances or heat from individual or diffuse sources in the installation into the air;(c) in relation to Part C installations, the direct release of substances or heat from individual or diffuse sources in the installation into the air;(d) 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;(e) in relation to Part B mobile plant, the direct release of substances or heat from the mobile plant into the air;(f) in relation to Part C mobile plant, the direct release of substances or heat from the mobile plant into the air;• “emission limit value” means the mass, expressed in terms of specific parameters, concentration or level of an emission, which may not be exceeded during one or more periods of time;• “Energy Efficiency Directive” means Directive 2012/27/EU of the European Parliament and of the Council on energy efficiency amending Directives 2009/125/EC and 2010/30/EU and repealing Directives 2004/8/EC and 2006/32/EC;• “enforcement notice” has the meaning given by regulation 27(1);• “enforcing authority” means, in relation to the exercise of functions under these Regulations, the authority, being either the chief inspector or district council, by whom, under regulation 7, those functions are exercisable;• “environmental inspection” means all actions, including site visits, monitoring of emissions and checks of internal reports and follow-up documents, verification of self-monitoring, checking of the techniques used and adequacy of the environmental management of the installation or mobile plant, undertaken by or on behalf of the competent authority to check and promote compliance of operations with their permit conditions and, where necessary, to monitor their environmental impact;• “environmental quality standard” means the set of requirements which must be fulfilled at a given time by a given environment or particular part thereof, as set out in EU law;• “existing medium combustion plant” means a combustion plant put into operation before 20th December 2018 or for which a permit was granted before 19th December 2017 provided that the plant is put into operation no later than 20th December 2018;• “fibre-based composite material” means packaging material which is made of paperboard or paper fibres, with a layer of plastic, and which may also have layers of other materials, to form a single unit that cannot be separated by hand;• “food waste” means controlled waste that was at any time food intended for human consumption (even if of no nutritional value), and includes biodegradable waste produced as a consequence of the processing or preparation of food, but does not include drink;• “fuel” means any solid, liquid or gaseous combustible material;• “gas turbine” means any rotating machine which converts thermal energy into mechanical work, consisting mainly of a compressor, a thermal device in which fuel is oxidised in order to heat the working fluid, and a turbine;• “groundwater” means groundwater as defined in point 2 of Article 2 of Directive 2000/60/EC of the European Parliament and of the Council establishing a framework for community action in the field of water policy;• “hazardous substances” means substances or mixtures as defined in Article 3 of Regulation (EC) No 1272/2008 of the European Parliament and of the Council on classification, labelling and packaging of substances and mixtures;• “hazardous waste” means hazardous waste as defined in point 2 of Article 3 of the Directive ;• “high-efficiency cogeneration” means cogeneration meeting the criteria laid down in Annex II of the Energy Efficiency Directive;• “IED” means Directive 2010/75/EU of the European Parliament and of the Council of 24 November 2010 on industrial emissions (integrated pollution prevention and control) (Recast);• “inspector” means a person appointed under regulation 8(1) or (5);• “installation” means a stationary technical unit within which one or more activities listed in Part 1 of Schedule 1 are carried out, and any other directly associated activities on the same site which have a technical connection with the activities listed in that Part and which could have an effect on emissions and pollution;• “landfill” means a landfill to which the 2003 Landfill Regulations apply;• “materials facility” means––(a) a facility or part of a facility where waste material is received in order to-–(a) separate it into specified output material; or(b) consolidate it into bulk quantities (whether as a first point of consolidation for such waste or following the first consolidation of bulk quantities transferred from other suppliers);for the purpose of selling it, or transferring it to other facilities or persons to enable that material to be prepared for re-use or recycling;(b) any reference to a “materials facility” excludes a facility or part of a facility––(a) at which all the waste material received during a reporting period is attributable exclusively to a single supplier, unless the waste material so received is separated into specified output material at that facility;(b) that is provided pursuant to arrangements made under section 25(1)(b) of the Waste and Contaminated Land (Northern Ireland) Order 1997;(c) that undertakes the processing or sorting of waste electrical and electronic equipment, waste batteries or accumulators; • “Materials Facilities Code” means the Code of Practice on Sampling and Reporting at Materials Facilities issued by the Department on 31st January 2025;• “MCPD” means the “Medium Combustion Plant Directive” which is Directive 2015/2193/EU of the European Parliament and of the Council of the 25 November 2015 on the limitation of emissions of certain pollutants into the air from medium combustion plants;• “medium combustion plant” means a combustion plant with a rated thermal input equal to or greater than 1 megawatt and less than 50 megawatts irrespective of the type of fuel they use and includes any combination of combustion plants referred to in article 2(2) or article 4 of the MCPD, provided that—(a) it does not fall within Article 2(3) or (4) of the MCPD;(b) it is not installed on an offshore platform situated on, above or below those parts of the territorial sea adjacent to Northern Ireland;• “mixture” means a mixture or solution composed of two or more substances;• “mobile medium combustion plant” means a medium combustion plant which is designed to move or be moved whether on roads or other land;• “mobile plant” means plant which is designed to move or to be moved whether on roads or otherwise and which is used to carry out one or more activities listed in sections 1.1 to 6.11 of Part 1 of Schedule 1;• “net rated thermal input” means the rate at which fuel can be burned at the maximum continuous rating of the appliance multiplied by the net calorific value of the fuel and expressed as megawatts;• “new medium combustion plant” means a medium combustion plant which is not an existing medium combustion plant;• “off-site condition” has the meaning given by regulation 13(7);• “organic compound” means any compound containing at least the element carbon and one or more of hydrogen, halogens, oxygen, sulphur, phosphorus, silicon or nitrogen, with the exception of carbon oxides, inorganic carbonates and bicarbonates;• “organic solvent” means any volatile organic compound which is used for any of the following—(a) alone or in combination with other agents, and without undergoing a chemical change, to dissolve raw materials, products or waste materials;(b) as a cleaning agent to dissolve contaminants;(c) as a dissolver;(d) as a dispersion medium;(e) as a viscosity adjuster;(f) as a surface tension adjuster;(g) as a plasticiser; or(h) as a preservative;• “operator”, subject to paragraph (2), means any natural or legal person who operates or controls in whole or in part the installation or mobile plant;• “Part A installation”, “Part B installation” and “Part C installation” shall be interpreted in accordance with Part 3 of Schedule 1;• “Part A mobile plant”, “Part B mobile plant” and “Part C mobile plant” shall be interpreted in accordance with Part 3 of Schedule 1;• “permit” means a written authorisation granted under regulation 10 to operate all or part of an installation or mobile plant;• “Planning Appeals Commission” means the Planning Appeals Commission established under Article 110 of the Planning (Northern Ireland) Order 1991;• “pollution” means the direct or indirect introduction, as a result of human activity, of substances, vibrations, heat or noise into air, water or land which may be harmful to human health or the quality of the environment, result in damage to material property or impair or interfere with amenities and other legitimate uses of the environment;• “poultry” means poultry as defined in point 1 of Article 2 of Council Directive 2009/158/EC of 30 November 2009 on animal health conditions governing intra-Community trade in, and imports from third countries of, poultry and hatching eggs as last amended by Commission Implementing Decision 2011/879/EU;• “the public” means one or more natural or legal persons and, in accordance with national law or practice, their associations, organisations or groups;• “the public concerned” means the public affected or likely to be affected by, or having an interest in, the taking of a decision on the granting or the updating of a permit or of permit conditions; for the purposes of this definition, non-governmental organisations promoting environmental protection and meeting any requirements under national law shall be deemed to have an interest;• “rated thermal input” means the rate at which fuel can be burned at the maximum continuous rating of the appliance multiplied by the gross calorific value of the fuel and expressed as megawatts;• “recovery” means any operation the principal result of which is the waste serving a useful purpose by replacing other materials which would otherwise have been used to fulfil a particular function, or waste being prepared to fulfil that function, in the plant or in the wider economy. Annex II to the Directive , sets out a non-exhaustive list of recovery operations;• “reduction scheme” means a reduction scheme which complies with Part 5 of Annex VII of the IED;• “revocation notice” has the meaning given by regulation 24(1);• “SED activity” means any activity falling within section 7 of Part 1 of Schedule 1 and any other activity listed in Schedule 1 to which Chapter V of the IED applies;• “SED installation” means—(a) a stationary technical unit where one or more SED activities are carried out; and(b) any other location on the same site where any other directly associated activities are carried out;• “separately collected food waste” means food waste which is presented for collection, and collected in a manner that ensures that food waste is kept separate from other waste;• “site report” means a report describing the condition of the site of the installation or mobile plant containing the information specified in Schedule 4.• “small SED installation” means a SED installation which falls within the lower threshold band of items 1, 3, 4, 5, 8, 10, 13, 16 or 17 of Part 2 of Annex VII of the IED or, for the other activities of Part 2 of Annex VII, which have a solvent consumption of less than 10 tonnes/year;• “soil” means the top layer of the Earth’s crust, composed of mineral particles, organic matter, water, air and living organisms, situated between the bedrock and the surface;• “specified generator” has the meaning given in paragraph 2 of Schedule 9B.• “specified waste management activity” means any one of the following activities—(a) the disposal of waste in a landfill, whether or not the disposal falls within section 5.2 of Part 1 of Schedule 1;(b) the disposal or recovery of hazardous waste falling within section 5.3 of that Part of that Schedule;(c) the disposal or recovery of non-hazardous waste falling within section 5.4 of that Part of that Schedule;(d) the temporary storage of waste falling within section 5.5 of that Part of that Schedule;(e) the underground storage of waste falling within section 5.5 of that Part of that Schedule;• “specified output material” means a batch of material (whether or not waste) that is—(a) produced from a separating process for waste material; and(b) made up of one or more of the following kinds of material—(a) glass;(b) metal;(c) paper;(d) card;(e) plastic;(f) fibre-based composite material;• “stack” means a structure containing one or more flues providing a passage for waste gases in order to discharge them into the air;• “substance” means any chemical element and its compounds, with the exception of the following substances—(a) radioactive substances as defined in Article 1 of Council Directive 96/29/Euratom of 13 May 1996 laying down basic safety standards for the protection of the health of workers and the general public against the dangers arising from ionising radiation;(b) genetically modified micro-organisms as defined in Article 2(b) of Directive 2009/41/EC of the European Parliament and of the Council of 6 May 2009 on the contained use of genetically modified micro-organisms;(c) genetically modified organisms as defined in Article 2(2) of Directive 2001/18/EC of the European Parliament and of the Council of 12 March 2001 on the deliberate release into the environment of genetically modified organisms;• “substantial change” means a change in the nature or functioning, or an extension, of an installation or mobile plant which, in the opinion of the enforcing authority, may have negative effects on human health or the environment and shall include—(a) in relation to a small SED installation which does not fall wholly within the scope of Annex I of the IED, a change of the nominal capacity leading to an increase of emissions of volatile organic compounds of more than 25 per cent;(b) in relation to all other SED installations which do not fall within the scope of Annex I of the IED, a change of the nominal capacity leading to an increase of emissions of volatile organic compounds of more than 10 per cent;(c) any change in operation of an installation or mobile plant which in itself meets any of the thresholds specified for a Part A activity under Part 1 of Schedule 1.• “suspension notice” has the meaning given by regulation 28(1);• “variation notice” has the meaning given by regulation 19(5);• “volatile organic compound” or “VOC” means any organic compound as well as the fraction of creosote, having at 293.15 K a vapour pressure of 0.01 kPa or more, or having a corresponding volatility under the particular conditions of use;• “waste” means waste as defined in Article 3(1) of the Directive ;• “waste incineration plant” means any stationary or mobile technical unit and equipment dedicated to the thermal treatment of waste, with or without recovery of the combustion heat generated, through the incineration by oxidation of waste as well as other thermal treatment processes, such as pyrolysis, gasification or plasma process, if the substances resulting from the treatment are subsequently incinerated;• “waste co-incineration plant” means any stationary or mobile technical unit whose main purpose is the generation of energy or production of material products and which uses waste as a regular or additional fuel or in which waste is thermally treated for the purpose of disposal through the incineration by oxidation of waste as well as other thermal treatment processes, such as pyrolysis, gasification or plasma process, if the substances resulting from the treatment are subsequently incinerated;• “waste incineration installation” means an installation or mobile plant (or part thereof) to which Chapter IV of the IED applies;• “waste material” means waste that—(a) is household waste, or originates from a source other than household waste but is similar to household waste in terms of its nature or composition;(b) has been separately collected (whether as a single kind of material or two or more kinds of material mixed together) for the primary purpose of preparing it for re-use or recycling; and(c) consists (whether wholly or in part) of any of the following kinds of material—(a) glass;(b) metal;(c) paper;(d) card;(e) plastic;(f) fibre-based composite material.

(2)For the purposes of these Regulations—

(a)where an installation or mobile plant has not been put into operation, the person who will have control over the operation of the installation or mobile plant when it is put into operation shall be treated as the operator of the installation or mobile plant;

(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)a reference to a release into water includes a release into a sewer (within the meaning of Article 2(2) of the Water and Sewerage Services (Northern Ireland) Order 2006);

(b)a reference to a Council Directive is a reference to that Directive together with any amendment made before the date on which these Regulations are made.

(4)Schedule 1 shall have effect and Part 1 of Schedule 1 shall be interpreted in accordance with the provisions as to interpretation in Parts 1 and 2 of that Schedule.

3Interpretation: “best available techniques” or “BAT”#

(1)For the purpose of these Regulations, “best available techniques” or “BAT” means the most effective and advanced stage in the development of activities and their methods of operation which indicates the practical suitability of particular techniques for providing in principle the basis for emission limit values designed to prevent and, where that is not practicable, generally to reduce emissions and the impact on the environment as a whole, and for the purpose of this definition—

(a)“available techniques” means those techniques which have been developed on a scale which allows implementation in the relevant industrial sector, under economically and technically viable conditions, taking into consideration the cost and advantages, whether or not the techniques are used or produced inside the United Kingdom, as long as they are reasonably accessible to the operator;

(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 or mobile plant is designed, built, maintained, operated and decommissioned.

(2)“BAT reference document” means a document, resulting from the exchange of information organised pursuant to Article 13 of the IED, drawn up for defined activities and describing, in particular, applied techniques, present emissions and consumption levels, techniques considered for the determination of BAT as well as BAT conclusions and any emerging techniques, giving special consideration to the criteria listed in Schedule 2.

(3)“BAT conclusions” means a document containing the parts of a BAT reference document laying down the conclusions on BAT, their description, information to assess their applicability, the emission levels associated with BAT, associated monitoring, associated consumption levels and, where appropriate, relevant site remediation measures.

(4)“emission levels associated with BAT” means the range of emission levels obtained under normal operating conditions using a best available technique or a combination of BAT, as described in BAT conclusions, expressed as an average over a given period of time, under specified reference conditions.

(5)“emerging technique” means a novel technique for an industrial activity that, if commercially developed, could provide either a higher general level of protection of the environment or at least the same level of protection of the environment and higher cost savings than existing BAT.

(6)Schedule 2 shall have effect in relation to the determination of BAT.

4Fit and proper person#

(1)This regulation applies for the purpose of the discharge of any function under these Regulations which requires the chief inspector to determine whether a person is or is not a fit and proper person to carry out a specified waste management activity.

(2)Whether a person is or is not a fit and proper person to carry out a specified waste management activity shall be determined by reference to the fulfilment of the conditions of the permit which apply or will apply to the carrying out of that activity.

(3)Subject to paragraph (4), a person shall be treated as not being a fit and proper person if it appears to the chief inspector that—

(a)that person or another relevant person has been convicted of a relevant offence;

(b)that person has not made, or will not before commencement of the specified waste management activity make, adequate financial provision (either by way of financial security or its equivalent) to ensure that—

(i)the obligations (including after-care provisions) arising from the permit in relation to that activity are discharged; and

(ii)any closure procedures required by the permit in relation to that activity are followed;

(c)that person and all staff engaged in carrying out that activity will not be provided with adequate professional technical development and training; or

(d)the management of that activity will not be in the hands of a technically competent person.

(4)The chief inspector may, if he 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 that person’s case.

(5)For the purposes of this regulation—

(a)“relevant offence” means an offence prescribed for the purpose of Article 3(3)(a) of the Waste and Contaminated Land (Northern Ireland) Order 1997; and

(b)the qualifications and experience required of a person for the purposes of Article 3(3)(b) of the Waste and Contaminated Land (Northern Ireland) Order 1997 which are prescribed under Article 3(5) of that Order shall be treated as the qualifications and experience required of a person for the purposes of paragraph (3)(d).

(6)In paragraph 3(a), “another relevant person” means, in relation to the holder or proposed holder of a permit—

(a)any person who has been convicted of a relevant offence committed—

(i)by him in the course of his employment by the holder or proposed holder of the permit; or

(ii)in the course of the carrying on of any business by a partnership one of the members of which was the holder or proposed holder of the 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; 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 and who—

(i)has been convicted of a relevant offence; or

(ii)was a director, manager, secretary or other similar officer of another body corporate at a time when a relevant offence of which that other body corporate has been convicted, was committed.

5Application to the Crown#

(1)Subject to the provisions of this regulation, these Regulations and the 2003 Landfill Regulations bind the Crown to the full extent authorised or permitted by the constitutional laws of Northern Ireland.

(2)No contravention by the Crown of any provision of these Regulations or the 2003 Landfill Regulations shall make the Crown criminally liable under regulation 36 of these Regulations or under regulation 17 of the 2003 Landfill Regulations and no proceedings may be taken against the Crown under regulation 37 of these Regulations but the High Court may, on the application of the enforcing authority charged with enforcing that provision, 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 and the 2003 Landfill Regulations shall apply to persons in the public service of the Crown as they apply to other persons.

(4)If the Secretary of State certifies that it appears to him, as respects any Crown premises and any specified powers of entry exercisable under regulation 30, that it is requisite or expedient that, in the interests of national security, the powers of entry should not be exercisable in relation to the premises, those powers shall not be exercisable in relation to those premises; and in this paragraph “specified” means specified in the certificate and “Crown premises” means premises held or used by or on behalf of the Crown.

(5)Any reference to the Crown in this regulation includes the Crown in right of Her Majesty’s Government in the United Kingdom.

6Applications#

(1)An enforcing authority may require any application or type of application made to it under any provision of these Regulations to be made on a form made available by the enforcing authority.

(2)A form made available by an enforcing authority under paragraph (1) shall specify the information required by the enforcing authority to determine the application, which shall include any information required to be contained in the application by the provision of these Regulations under which the application is made.

(3)Any application made under these Regulations may, with the agreement of the enforcing authority, be sent to the enforcing authority electronically.

(4)Where an application which is required to be accompanied by a fee, map or plan is sent electronically, the fee, map or plan may be sent to the enforcing authority separately from the application but the application shall not be treated as having been received by the enforcing authority until the fee, map or plan has also been received.

(5)An application made under these Regulations may be withdrawn at any time before it is determined.

7Discharge and scope of functions#

(1)This regulation determines the authority by whom the functions conferred or imposed by these Regulations on an enforcing authority are exercisable and the purposes for which they are exercisable.

(2)Those functions, in their application to a Part A installation or Part A mobile plant, shall be functions of the chief inspector and shall be exercisable for the purpose of—

(a)achieving a high level of protection of the environment taken as a whole by, in particular, preventing or, where that is not practicable, reducing emissions into the air, water and land; and

(b)where appropriate, ensuring that cost-benefit analyses are carried out in accordance with Article 14(5) of the Energy Efficiency Directive and Schedule 13A.

(3)Those functions, in their application to a Part B installation or Part B mobile plant, shall be functions of the chief inspector and, subject to paragraph (5), shall be exercisable for the purpose of—

(a)preventing or, where that is not practicable, reducing emissions into the air; and

(b)where appropriate, ensuring that cost-benefit analyses are carried out in accordance with Article 14(5) of the Energy Efficiency Directive and Schedule 13A.

(4)Those functions, in their application to a Part C installation, shall be functions of the district council in whose district the installation is (or will be) situated and, subject to paragraph (5), shall be exercisable for the purpose of—

(a)preventing or, where that is not practicable, reducing emissions into the air; and

(b)where appropriate, ensuring that cost-benefit analyses are carried out in accordance with Article 14(5) of the Energy Efficiency Directive and Schedule 13A.

(5)The functions conferred or imposed by these Regulations in relation to a SED installation shall be exercisable for the purpose of preventing or reducing emissions of volatile organic compounds into air, soil and water as well as preventing the inclusion or reducing the amount of solvents contained in any product and, where appropriate, ensuring that cost-benefit analyses are carried out in accordance with Article 14(5) of the Energy Efficiency Directive and Schedule 13A.

(6)Those functions, in their application to a Part C mobile plant, shall be functions of—

(a)where the operator of the mobile plant has their principal place of business in Northern Ireland, the district council in whose district that place of business is;

(b)where the operator of the mobile plant has their principal place of business outside of Northern Ireland and the mobile plant is not covered by a permit, the district council in whose district the plant is first operated or, where the plant has not been operated in Northern Ireland, the district council in whose district it is intended by the operator that the plant should first be operated;

(c)where the operator has their principal place of business outside of Northern Ireland and the mobile plant is covered by a permit, the district council which granted the permit,

and shall be exercisable for the purpose of preventing or, where that is not practicable, reducing emissions into the air and, where appropriate, ensuring that cost-benefit analyses are carried out in accordance with Article 14(5) of the Energy Efficiency Directive and Schedule 13A.

(7)The Department may, as respects functions under these Regulations exercisable by a district council specified in a direction, direct that those functions shall be exercised instead by the chief inspector while the direction remains in force or during such period as may be specified in the direction.

(8)A transfer of functions under paragraph (7) to the chief inspector relating to Part C installations or Part C mobile plant does not make them exercisable by the chief inspector for any other purpose than that mentioned in paragraphs (4), (5) and (6).

(9)The Department may, as respects functions under these Regulations exercisable by the chief inspector in respect of Part B installations specified in a direction, direct that those functions shall be exercised instead by a district council while the direction remains in force or during such period as may be specified in the direction.

(10)A direction under paragraph (7) may transfer functions exercisable by a district council in relation to all or certain types of installations or mobile plant (a “general direction”) or in relation to a specific installation or mobile plant specified in the direction (a “specific direction”) but a direction under paragraph (9) may only be a specific direction.

(11)A direction under paragraph (7) or (9) may include such saving and transitional provisions as the Department considers necessary or expedient.

(12)The Department, on giving or withdrawing a general direction under paragraph (7), shall—

(a)serve notice of it on the chief inspector and on the district councils affected by the direction; and

(b)cause notice of it to be published as soon as practicable in the Belfast Gazette and in at least two newspapers circulating in the district of each district council affected by the direction,

and any such notice shall specify the date on which the direction is to take (or took) effect and (where appropriate) its duration.

(13)The Department, on giving or withdrawing a specific direction under paragraph (7) or (9), shall—

(a)serve notice on the chief inspector, the district council and the operator or the person appearing to the Department to be the operator of the installation or mobile plant affected; and

(b)cause notice of it to be published in the Belfast Gazette and in at least two newspapers circulating in the district council’s district,

and any such notice shall specify the date on which the direction is to take (or took) effect and (where appropriate) its duration.

(14)The requirements of paragraph (12)(b) or paragraph (13)(b) shall not apply in any case where, in the opinion of the Secretary of State, the publication of the notice in accordance with that sub-paragraph would be contrary to the interests of national security.

(15)It shall be the duty of the chief inspector to follow developments in BAT, and the publication of any new or updated BAT conclusions and he shall make that information available to the public concerned.

(16)The chief inspector shall have regard to any guidance ^note... which assists in encouraging the development and application of emerging techniques.

(17)Schedules 8 to 13A shall have effect.

8Appointment of chief inspector and other inspectors#

(1)The Department may appoint as inspectors (under whatever title the Department may determine) such persons having such suitable qualifications as the Department thinks necessary for carrying these Regulations into effect, and may terminate any appointment made under this paragraph.

(2)The Department may make to, or in respect of, any person so appointed such payments by way of remuneration, allowances or otherwise as the Department may determine.

(3)The Department shall constitute one of the inspectors appointed under paragraph (1) to be the chief inspector.

(4)The functions conferred or imposed by or under these Regulations on the chief inspector as the enforcing authority may, to any extent, be delegated by him to any other inspector appointed under paragraph (1).

(5)A district council may appoint as inspectors (under whatever title the council may determine) such persons having suitable qualifications as the council thinks necessary for carrying these Regulations into effect in the council’s district, and may terminate any appointment made under this paragraph.

(6)An inspector shall not be liable in any civil or criminal proceedings for anything done in the performance of their functions under Part 3 if the court is satisfied that the act was done in good faith and that there were reasonable grounds for doing it.

Part 2 · Permits

9Permits: requirement for a permit#

(1)No person shall operate an installation or mobile plant after the prescribed date except under and to the extent authorised by a permit granted by the enforcing authority.

(2)In paragraph (1), the “prescribed date” means the appropriate date set out in or determined in accordance with Schedule 3.

10Permits: general provisions#

(1)An application for a permit to operate an installation or mobile plant shall be made to the enforcing authority in accordance with Part 1 of Schedule 4 and, where appropriate, Schedule 13A and shall be accompanied by any fee prescribed in respect of the application under regulation 25.

(2)Subject to paragraphs (3) to (4A) , where an application is duly made to the enforcing authority, the enforcing authority shall either grant the permit, subject to any conditions which may be imposed pursuant to regulations 11, 12, 13, 14 ,14A or 15 of , or Schedule 13A to, these Regulations, and regulation 8 of the 2003 Landfill Regulations, or refuse the permit.

(3)A permit shall not be granted if the enforcing authority 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 any 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—

(a)the chief inspector is satisfied that the applicant is a fit and proper person to carry out that activity; and

(b)in the case of an installation where the use of the application site for the carrying out of the activity requires planning permission granted under the Planning (Northern Ireland) Order 1991—

(i)such planning permission is in force in relation to the use of the land; or

(ii)a certificate under Article 83A of that Order has been issued in respect of that use of the land.

(4A)In the case of an application for a permit to operate an installation or mobile plant carrying out only an activity falling within head (b) of Part C of section 1.1 of Schedule 1—

(a)any permit granted pursuant to the application shall only contain conditions required for complying with paragraphs 13 to 18 of Schedule 13A; and

(b)regulations 11, 12, 14 and 16 shall not apply.

(5)A permit may authorise the operation of—

(a)more than one Part A installation or Part A mobile plant on the same site operated by the same operator;

(b)more than one Part B installation on the same site operated by the same operator;

(c)more than one Part B mobile plant operated by the same operator;

(d)more than one Part C installation on the same site operated by the same operator; or

(e)more than one Part C mobile plant operated by the same operator,

but may not otherwise authorise the operation of more than one installation or mobile plant.

(6)A permit authorising the operation of a 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 (accordingly, the operation of the plant on a different site shall require a distinct permit).

(7)A permit authorising the operation of an installation or Part A mobile plant shall include a map or plan showing the site of the installation or mobile plant covered by the permit and, in the case of an installation, the location of the installation on that site.

(8)A permit shall be transferred only in accordance with regulation 20 or 21 and shall cease to have effect only in accordance with regulation 21, 22, 23, 24 or paragraph (9).

(9)Where—

(a)the conditions of a permit have been varied under regulation 19 or affected by a partial transfer, surrender or revocation under regulations 20 to 24; or

(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,

the enforcing authority may replace the permit or permits 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.

(10)Parts 1 and 2 of Schedule 4 shall have effect subject to Part 3 of that Schedule.

11Conditions of permits: general principles#

(1)When determining the conditions of a permit, the enforcing authority shall take account of the general principles set out in paragraph (2) and, in the case of a permit authorising the operation of a Part A installation or Part A mobile plant, the additional general principles set out in paragraph (3).

(2)The general principles referred to in paragraph (1) are that installations and mobile plant must be operated in such a way that—

(a)all the appropriate preventative measures are taken against pollution, in particular through the application of BAT; and

(b)no significant pollution is caused.

(3)The additional general principles referred to in paragraph (1) in relation to a permit authorising the operation of a Part A installation or a Part A mobile plant are that the installation or mobile plant must be operated in such a way that—

(a)BAT conclusions shall be the reference for setting permit conditions;

(b)waste production is avoided in accordance with the Directive; and, where waste is produced, it is in order of priority and in accordance with the Directive, prepared for re-use, recycled, recovered, or where that is technically and economically impossible, it is disposed of while avoiding or reducing any adverse impact on the environment;

(c)energy is used efficiently;

(d)the necessary measures are taken to prevent accidents and limit their consequences; and

(e)upon the definitive cessation of activities, the necessary assessments and measures are taken to avoid any pollution risk and to return the site of the installation or mobile plant to a satisfactory state.

(4)The Department may establish rules under which the chief inspector may set stricter permit conditions than those achievable by the use of BAT as described in the BAT conclusions (in addition to the circumstances described in regulation 12(4)).

(5)Where the chief inspector sets permit conditions on the basis of a BAT, not described in any of the relevant BAT conclusions, the chief inspector shall ensure that—

(a)that technique is determined by giving special consideration to the criteria listed in Schedule 2; and

(b)the requirements of regulations 12(3) and 13(2) to (4) are complied with.

(6)Where the relevant BAT conclusions do not contain emission levels associated with the BAT, the chief inspector shall ensure that the technique referred to in paragraph (5) ensures a level of environmental protection equivalent to the BAT described in the BAT conclusions.

(7)Where an activity or a type of production process carried out within an installation is not covered by any BAT conclusions, or where those conclusions do not address all the potential environmental effects of the activity or process, the chief inspector shall, after prior consultations with the operator, set the permit conditions on the basis of the BAT that he has determined for the activities or processes concerned, by giving special consideration to the criteria listed in Schedule 2.

(8)The monitoring requirements referred to in regulation 13(6)(e) and (f) shall, where applicable, be based on the conclusions on monitoring as described in the BAT conclusions.

12Conditions of permits: specific conditions for all installations and mobile plant#

(1)Subject to paragraphs (11) and (12) and regulations 14A, 15 and 16, there shall be included in all permits such conditions as the enforcing authority considers appropriate to ensure compliance with paragraphs (2) to (7).

(2)Subject to paragraph (6), a permit shall include emission limit values for pollutants, in particular those listed in Schedule 5, likely to be emitted from the installation or mobile plant in significant quantities, having regard to their nature and, in the case of emissions from a Part A installation or a Part A mobile plant, their potential to transfer pollution from one environmental medium to another.

(3)The emission limit values required by paragraph (2)—

(a)may, where appropriate, apply to groups of pollutants rather than to individual pollutants; and

(b)shall normally apply at the point at which the emissions leave the installation or mobile plant, any dilution being disregarded when determining those values.

(4)Where an environmental quality standard requires stricter emission limit values than those that would be required from the application of BAT, the enforcing authority shall require that those stricter emission limit values are imposed.

(5)The emission limit values required by paragraph (2) may, where appropriate, be supplemented or replaced by equivalent parameters or technical measures ensuring an equivalent level of environmental protection.

(6)Where emissions of a pollutant from an installation are the subject of conditions imposed pursuant to regulation 10(2) and (3) of the Greenhouse Gas Emissions Trading Scheme Regulations 2005, the permit shall not include an emission limit value, equivalent parameter or technical measure for those emissions unless the enforcing authority considers that the value, parameter or measure is necessary to ensure that no significant local pollution is caused.

(7)For activities listed in Annex I to Directive 2003/87/ECas last amended by Directive (EU) 2018/410 of the European Parliament and of the Council , the competent authority may choose not to impose requirements relating to energy efficiency in respect of combustion units or other units emitting carbon dioxide on the site.

(8)Paragraphs (6) and (7) shall not apply where the relevant installation is an excluded installation for the purposes of regulation 11 of the Greenhouse Gas Emissions Trading Scheme Regulations 2005.

(9)Subject to paragraph (10), there is implied in every permit a condition that, in operating the installation or mobile plant, the operator shall use BAT for preventing or, where that is not practicable, reducing emissions from the installation or mobile plant.

(10)The obligation implied by virtue of paragraph (9) shall not apply in relation to any aspect of the operation of the installation or mobile plant in question which is regulated by a condition imposed under any other paragraph of this regulation.

(11)A permit may, without prejudice to the generality of the previous provisions of this regulation, include conditions—

(a)imposing limits on the amount or composition of any substance produced or utilised during the operation of the installation or mobile plant in any period;

(b)which are supplemental or incidental to other conditions contained in the permit.

(12)The Department may give directions to enforcing authorities—

(a)as to the specific conditions which are, or are not, to be included in all permits, in permits of a specified description or in any particular permit;

(b)as to the objectives which are to be achieved by conditions included in such permits,

and the enforcing authorities shall include in such permits such conditions as are specified or required to comply with such directions.

(13)The enforcing authority may rely on arrangements referred to in, and sanctioned by, guidance issued by the Department under regulation 41 to secure a particular result, as an alternative to including a condition in the permit pursuant to this regulation or regulation 8 (conditions to be included in landfill permits) of the 2003 Landfill Regulations.

13Conditions of permits: specific conditions for Part A installations and Part A mobile plant#

(1)The chief inspector shall include in all permits authorising any Part A installation or Part A mobile plant such other conditions as appear to the chief inspector to be appropriate, when taken together with the condition implied by regulation 12(8), 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 11.

(2)Without prejudice to regulation 12(4), the emission limit values referred to in regulation 12(2) and the equivalent parameters and technical measures referred to in regulation 12(5) shall be based on BAT, without prescribing the use of any technique or specific technology. When setting the emission limit values the chief inspector—

(a)shall ensure that, under normal operating conditions, emissions do not exceed the emission levels associated with BAT as laid down in the BAT conclusions through either—

(i)setting emission limit values that do not exceed the emission levels associated with BAT. Those emission limit values shall be expressed for the same or shorter periods of time and under the same reference conditions as those emission levels associated with BAT; or

(ii)setting different emission limit values than those referred to under sub-paragraph (a) in terms of values, periods of time and reference conditions, and at least annually, assessing the results of emission monitoring in order to ensure that emissions under normal operating conditions have not exceeded the emission levels associated with BAT; and

(b)may take into account the effect of a waste water treatment plant when determining the emission limit values applying in relation to indirect releases into water from a Part A installation or Part A mobile plant provided that an equivalent level of protection of the environment as a whole is maintained and that taking such treatment into account does not lead to higher levels of pollution.

(3)By way of derogation from paragraph (2), but without prejudice to regulation 12(4), the chief inspector may, in specific cases, set less strict emission limit values. In such cases—

(a)an assessment must show that the achievement of emission levels associated with BAT as described in BAT conclusions would lead to disproportionately higher costs compared to the environmental benefits due to—

(i)the geographical location or the local environmental conditions of the installation concerned; or

(ii)the technical characteristics of the installation concerned;

(b)the chief inspector shall document in an annex to the permit conditions the reasons for the application of sub-paragraph (a) including the result of the assessment and the justification for the conditions imposed;

(c)the emission limit values set in accordance with sub-paragraph (a) shall, however, not exceed the emission limit values set out in Annexes V and VI to the IED, where applicable; and

(d)the chief inspector shall re-assess the application of sub-paragraph (a) as part of each review of the permit conditions pursuant to regulation 17.

(4)The chief inspector may grant temporary derogations from the requirements of regulation 11(2)(a) and paragraph (2) of this regulation for the testing and use of emerging techniques for a total period of time not exceeding nine months, provided that after the period specified, either the technique is stopped or the activity achieves at least the emission levels associated with BAT.

(5)The chief inspector shall include conditions—

(a)requiring the operator to inform the enforcing authority, immediately, of any incident or accident which causes or may cause significant pollution and to immediately take all appropriate measures to limit the environmental consequences and to prevent further possible incidents or accidents; and

(b)in the event of a breach of any permit condition, requiring the operator to—

(i)inform the regulator;

(ii)take the measures necessary to ensure that compliance is restored within the shortest possible time; and

(c)in the event of a breach of a permit condition which poses an immediate danger to human health or threatens to cause an immediate significant adverse effect on the environment, immediately suspend the operation of the installation or mobile plant or the relevant part of it until compliance with the permit conditions has been restored.

(6)The chief inspector shall also include conditions—

(a)aimed at minimising long distance and transboundary pollution;

(b)ensuring appropriate protection of the soil and groundwater and appropriate management of waste generated by the installation or mobile plant, including appropriate requirements for the regular maintenance and surveillance of measures taken to prevent emissions to soil and groundwater and appropriate requirements concerning the periodic monitoring of soil and groundwater in relation to relevant hazardous substances likely to be found at the site and having regard to the possibility of soil and groundwater contamination at the site of the installation. Periodic monitoring shall be carried out at least once every five years for groundwater and ten years for soil, unless such monitoring is based on a systematic appraisal of the risk of contamination;

(c)relating to the periods when the installation or mobile plant is not operating normally and 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 definitive cessation of operations;

(e)setting out suitable emission monitoring requirements, specifying the measurement methodology, frequency and the evaluation procedure, ensuring that the operator supplies the chief inspector with the data required to check compliance with the permit and where emission limit values are set in accordance with paragraph (2)(a)(ii), requiring that the results of emission monitoring are available for the same periods of time and reference conditions as for the emission levels associated with BAT; and

(f)requiring the operator to supply the chief inspector regularly and at least annually with the results of the monitoring of emissions, the basis of those results and other specified data that enables the chief inspector to verify compliance with the permit conditions and, where emission limit values are set in accordance with paragraph (2)(a)(ii), requiring that a written summary of the results is supplied which allows a comparison with the emission levels associated with BAT.

(7)A permit authorising the operation of a Part A installation or Part A mobile plant may include a condition (an “off-site condition”) requiring the operator to carry out works or do other things in relation to land not forming part of the site of the installation or mobile plant notwithstanding that he is not entitled to carry out the works or do the things, and any person whose consent would be required shall grant, or join in granting, the operator such rights in relation to that land as will enable the operator to comply with any requirements imposed on him by the permit.

(8)Schedule 6 shall have effect in relation to compensation where rights are granted pursuant to paragraph (7).

(9)A permit which authorises any activity relating to waste oils shall contain conditions ensuring that, so far as technically feasible and economically viable—

(a)waste oils having different characteristics are not mixed; and

(b)waste oils are not mixed with other kinds of waste or substances, if such mixing would impede their treatment.

(10)In paragraph (9), “waste oils” and “treatment” have the same meanings as in the Directive .

(11)A permit granted or varied on or after 1st April 2015 for an activity described in Chapter 5 of Part 1 of Schedule 1, or in Section 6.8 of Chapter 6 of that Part, shall contain any conditions as appear to the chief inspector to be appropriate to ensure that no separately collected food waste is mixed with any other waste or any material, to the extent that mixing would hamper future recycling.

(12)A permit granted or varied before 1st April 2015 for an activity described in Chapter 5 of Part 1 of Schedule 1, or in Section 6.8 of Chapter 6 of that Part, and which continues in existence after that date, shall be deemed to contain the condition that no separately collected food waste is mixed with any other waste or any material, to the extent that mixing would hamper future recycling.

14Conditions of permits: specific conditions for Part B and C installations and mobile plant#

(1)The enforcing authority shall include in all permits authorising any Part B or Part C installation or Part B or Part C mobile plant, such other conditions as appear to the enforcing authority to be appropriate, when taken together with the condition implied by regulation 12(8), 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 11(2).

(2)Subject to regulation 12(4), in the case of Part B or Part C installations and Part B or Part C mobile plant, the emission limit values required by regulation 12(2) shall be based on BAT for the description of installation or mobile plant concerned but shall take account of the technical characteristics of the particular installation or mobile plant being permitted and, in the case of an installation, its geographical location and the local environmental conditions.

(3)Where a Part B or Part C mobile plant authorised by a permit is used to carry out an activity on the site of an installation which is authorised by a separate permit then, if different requirements are imposed in the permits in respect of the carrying out of the activity, the requirements in the permit authorising the operation of the installation shall prevail in the event of any inconsistency.

14AConditions of permits: Materials facilities#

The enforcing authority shall ensure that a permit granted or varied on or after 1st April 2025 authorising the operation of a materials facility contains a condition requiring the holder of the permit to comply with the Materials Facilities Code.

15Conditions of permits: Department’s notice in relation to emissions into water#

(1)In the case of a Part A installation or Part A mobile plant the Department may, at any time, give notice to the chief inspector specifying the emission limit values or conditions (not containing emission limit values) which it considers are appropriate in relation to preventing or reducing emissions into water.

(2)Where a notice under paragraph (1) specifies emission limit values, the emission limit values required by regulation 12(2), in relation to emissions into water from the installation or mobile plant concerned, shall be those specified in that notice or such stricter emission limit values as may be determined by the chief inspector in accordance with the application of BAT or required by regulation 12(4).

(3)Where a notice under paragraph (1) specifies conditions in relation to emissions into water from an installation or mobile plant, the permit authorising the operation of that installation or mobile plant shall include those conditions or any more onerous conditions dealing with the same matters as the chief inspector considers are appropriate.

16General binding rules#

(1)The Department may make rules (“general binding rules”) containing requirements applying to certain types of installation or mobile plant.

(2)The Department shall only make general binding rules under this regulation applying to Part A installations or Part A mobile plant, if it is satisfied that the operation of such installations or mobile plant under the rules will result in the same high level of environmental protection and integrated prevention and control of pollution, as would result from the operation of the installations or mobile plant under the conditions that would be included in the permits for those installations or mobile plant, pursuant to regulations 12 and 13 if the rules did not apply.

(3)In the case of a Part A installation or Part A mobile plant, general binding rules shall be based on BAT, without prescribing the use of any technique or specific technology, in order to ensure compliance with Articles 14 and 15 of the IED.

(4)The Department shall ensure that general binding rules applying to Part A installations or Part A mobile plant are updated to take into account any developments in BAT and in order to ensure compliance with Article 21 of the IED.

(5)Where the Department makes general binding rules an enforcing authority may, at the request of the operator, include, in a permit authorising the operation of an installation or mobile plant covered by the rules, a condition (a “general binding rules condition”) providing that the aspects of the operation of the installation or mobile plant covered by the requirements in the rules shall be subject to those requirements instead of to conditions included in the permit pursuant to regulations 12 to 14.

(6)Where a permit includes a general binding rules condition the requirements in the general binding rules shall be treated as if they were conditions of the permit for the purpose of regulations 26, 27 and 36(1)(b).

(7)The Department may vary general binding rules by means of a notice of variation specifying the variations and the date on which the variations are to take effect, which shall not be less than 3 months after the date on which notice of the variation is given in the Belfast Gazette pursuant to paragraph (11)(c).

(8)The Department may revoke general binding rules by means of a notice of revocation.

(9)Where aspects of the operation of an installation or mobile plant are covered by the requirements in general binding rules which are revoked, the enforcing authority shall vary the permit authorising the operation of the installation or mobile plant under regulation 19, to delete the general binding rules condition and to insert the conditions that will be required by regulations 11 to 14 when the requirements in the general binding rules no longer apply.

(10)Where the Department revokes general binding rules, the requirements in the general binding rules shall continue to be treated under paragraph (6) as if they were conditions of a permit until the variations of the permit required by paragraph (9) take effect.

(11)Where the Department makes, varies or revokes general binding rules it shall—

(a)serve a copy of the rules, notice of variation or notice of revocation on the chief inspector and all district councils;

(b)publish the rules, notice of variation or notice of revocation in such manner as it considers appropriate for the purpose of bringing the rules or notice to the attention of operators likely to be affected by them and, in the case of Part A installations or Part A mobile plant, the rules shall contain a reference to the IED; and

(c)give notice of the making, variation or revocation of the rules in the Belfast Gazette.

17Review of conditions of permits#

(1)Enforcing authorities shall periodically review the conditions of permits and may do so at any time.

(2)Without prejudice to paragraph (1), a review of a permit under this regulation shall be carried out where—

(a)the pollution caused by the installation or mobile plant covered by the permit is of such significance that the existing emission limit values of the permit need to be revised or new emission limit values need to be included in the permit;

(b)substantial changes in BAT make it possible to reduce emissions from the installation or mobile plant significantly without imposing excessive costs;

(c)the operational safety of the activities carried out in the installation or mobile plant requires other techniques to be used; or

(d)it is necessary to comply with a new or revised environmental quality standard.

(3)In relation to Part A installations and Part A mobile plant, at the request of the chief inspector, the operator shall submit all the information necessary for the purpose of reconsidering the permit conditions, including, in particular, results of emission monitoring and other data, that enables a comparison of the operation of the installation or mobile plant with the BAT described in the applicable BAT conclusions and with the emission levels associated with BAT.

(4)When reconsidering permit conditions for Part A installations or Part A mobile plant, the chief inspector shall—

(a)use any information resulting from monitoring or inspections;

(b)within four years of publication of decisions on BAT conclusions relating to the main activity of an installation or mobile plant, ensure that all the permit conditions for the installation or mobile plant concerned are considered and, if necessary, updated to ensure compliance with the IED; and

(c)take into account all the new or updated BAT conclusions, applicable to the installation or mobile plant, since the permit was granted or last reconsidered.

18Proposed change in the operation of an installation or mobile plant#

(1)Subject to paragraph (4), where an operator of an installation or mobile plant which is permitted under these Regulations proposes to make a change in the operation of that installation or mobile plant the operator shall, at least 14 days before making the change, notify the enforcing authority.

(2)A notification under paragraph (1) shall be in writing and shall contain a description of the proposed change in the operation of the installation or mobile plant.

(3)An enforcing authority shall, by notice in writing served on the operator, acknowledge receipt of any notification received under paragraph (1).

(4)Paragraph (1) shall not apply where the operator applies under regulation 19(2) for the variation of the conditions of his permit before making the proposed change and the application contains a description of the change.

19Variation of conditions of permits#

(1)The enforcing authority may at any time vary the conditions of a permit and shall do so if it appears to the enforcing authority at that time, whether as a result of a review under regulation 17, a notification under regulation 15 or regulation 18 or otherwise, that regulations 11, 12, 13 , 14 and 14A of these Regulations or regulation 8 of the 2003 Landfill Regulations require conditions to be included which are different from the subsisting conditions.

(2)An operator of an installation or mobile plant which is permitted under these Regulations may apply to the enforcing authority for the variation of the conditions of his permit.

(3)An application under paragraph (2) shall be made in accordance with Part 1 of Schedule 7 and, where appropriate, Schedule 13A and shall be accompanied by any fee prescribed in respect of the application in accordance with regulation 25; and Schedule 7 shall have effect with respect to such applications.

(4)Where an application is duly made to the enforcing authority under paragraph (2), the enforcing authority shall determine, in accordance with regulations 11, 12, 13, 14 ,14A and 17 of , or Schedule 13A to, these Regulations or regulation 8 of the 2003 Landfill Regulations, whether to vary the conditions of the permit.

(5)Where the enforcing authority decides to vary the conditions of the permit, whether on an application under paragraph (2) or otherwise, it shall serve a notice in writing on the operator (a “variation notice”) specifying the variations of the conditions of the permit and the date or dates on which the variations are to take effect and, unless the notice is withdrawn, the variations specified in the notice shall take effect on the date or dates so specified.

(5A)Where the enforcing authority decides to vary the conditions of a permit for an installation or mobile plant carrying out only an activity falling within head (b) of Part C of section 1.1 of Part 1 of Schedule 1—

(a)the variation notice shall only contain conditions required for complying with paragraphs 13 to 18 of Schedule 13A; and

(b)regulations 11, 12, 14 and 16 shall not apply.

(6)A variation notice served under paragraph (5) shall, unless served for the purpose of determining an application under paragraph (2), require the operator to pay, within such period as may be specified in the notice, any fee prescribed in respect of the variation notice in accordance with regulation 25.

(7)Where the enforcing authority decides on an application under paragraph (2) not to vary the conditions of the permit, it shall give notice of its decision to the operator in writing.

(8)Parts 1, 2 and 3 of Schedule 7 shall have effect subject to Part 4 of that Schedule.

(9)This regulation and Schedule 7 apply to the variation of any provision other than a condition which is contained in a permit as they apply to the variation of a condition.

20Transfer of permits#

(1)Where the operator of an installation or mobile plant wishes to transfer their permit, in whole or in part, to another person (“the proposed transferee”) the operator and the proposed transferee shall jointly make an application to the enforcing authority to effect the transfer.

(2)An application under paragraph (1) shall be accompanied by the permit and any fee prescribed in respect of the transfer under regulation 25 and shall contain—

(a)the operator’s and the proposed transferee’s telephone number and address and, if different, any address to which correspondence relating to the application should be sent; and

(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 the chief inspector 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 their permit (a “partial transfer”), an application under paragraph (1) shall—

(a)identify the installation or mobile plant to which the transfer applies (the “transferred unit”); and

(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), the enforcing authority 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 is effected or will not ensure compliance with the conditions of the transferred permit.

(5)In the case of an application to effect the transfer of a permit or part of a permit which authorises the carrying out of a specified waste management activity, the chief inspector shall only effect the transfer if the chief inspector is satisfied that the proposed transferee is a fit and proper person to carry out that activity.

(6)The enforcing authority shall effect a transfer under this regulation by—

(a)in the case of a partial transfer—

(i)issuing a new permit, to the proposed transferee for that part of the installation or mobile plant to which the transfer relates; and

(ii)returning the original permit to the operator, endorsed to record the transfer in respect of the transfer and any variation of the permit conditions; or

(b)in the 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.

(7)In the case of a partial transfer effected under this regulation, the conditions included in the new permit and original permit after the transfer shall be the same as the conditions included in the original permit immediately before the transfer in so far as they are relevant to any installation, site and mobile plant covered by the new permit or the original permit, but subject to such variations as, in the opinion of the enforcing authority, are necessary to take account of the transfer.

(8)If within the period of two months beginning with the date on which the enforcing authority receives an application under paragraph (1), or within such longer period as the enforcing authority and the applicants may agree in writing, the enforcing authority has neither effected the transfer nor given notice in writing to the applicants that it has rejected the application, the application shall, if the applicants notify the enforcing authority in writing that they treat the failure as such, be deemed to have been refused at the end of that period or that longer period.

(9)The enforcing authority may, by notice in writing, require the operator or the proposed transferee to furnish such further information specified in the notice, within the period so specified, as the enforcing authority may require for the purpose of determining an application under this regulation.

(10)Where a notice is served on an operator or proposed transferee under paragraph (9)—

(a)for the purpose of calculating the period of two months specified in paragraph (8), no account shall be taken of the period beginning with the date on which notice is served and ending on the date on which the information specified in the notice is furnished; and

(b)if the specified information is not furnished within the period specified, the application shall, if the enforcing authority gives notice in writing to the operator and proposed transferee that it treats the failure as such, be deemed to have been withdrawn at the end of that period.

21Death of a permit holder#

(1)This regulation applies if—

(a)a permit is held by an individual (A); and

(b)A dies.

(2)On the death of A, the permit—

(a)shall be property forming part of A’s personal estate; and

(b)shall continue to have effect subject to—

(i)the same conditions that applied at the time of A’s death; and

(ii)the condition mentioned in paragraph (3).

(3)The permit shall be read as if it contained the following condition—• “As soon as is practicable after administration of the estate of A, the personal representative shall notify the regulator that the permit has vested in them.”

(4)The permit shall cease to have effect 6 months after the date on which A dies, unless it is transferred in accordance with regulation 20, by the personal representative, before the end of that period.

22Surrender of a permit for a Part A installation or Part A mobile plant#

(1)Subject to paragraph (2), this regulation applies where an operator of a Part A installation or Part A mobile plant ceases or intends to cease operating the installation (in whole or in part) or the mobile plant.

(2)This regulation does not apply in relation to that part of any installation or mobile plant where an activity falling within paragraphs (b), (d), (g) or (h) of Part A of section 5.1 of Part 1 of Schedule 1 is carried out.

(3)Where this regulation applies, an operator may—

(a)if they have ceased or intend to cease operating all of the installations and mobile plant covered by the permit, apply to the chief inspector to surrender the whole permit; or

(b)in any other case, apply to the chief inspector to surrender the permit in so far as it authorises the operation of the installation or mobile plant (“the surrender unit”) which they have ceased or intend to cease operating (a “partial surrender”).

(4)An application under paragraph (3) shall be accompanied by any fee prescribed in respect of the application under regulation 25, and shall contain the following information—

(a)the operator’s telephone number and address and, if different, any address to which correspondence relating to the application should be sent;

(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;

(c)a site report describing the condition of the site, or the identified part of the site, identifying, in particular, any changes in the condition of the site as described in the site report, and where applicable, the baseline report, and including an assessment of any contamination caused to the soil or groundwater by relevant hazardous substances; and

(d)a description of the steps that have been taken to avoid pollution risks from the site, including any steps that have been taken to—

(i)return the site to a satisfactory state, and

(ii)remove, control, contain or reduce any relevant hazardous substance in soil and groundwater.

(5)If the chief inspector is satisfied, in relation to the site, or in the case of a partial surrender, the part of the site used for the operation of the surrender unit, that all appropriate measures to—

(a)avoid any pollution risk resulting from the operation of the Part A installation or Part A mobile plant;

(b)return the site to a satisfactory state, taking into account the technical feasibility of the measures; and

(c)remove, control, contain or reduce any relevant hazardous substance in soil or groundwater so that the site, taking into account its current or approved future use, ceases to pose a significant risk to human health or the environment,

have been taken by the operator, the chief inspector shall accept the surrender and give the operator notice in writing of the 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.

(6)If, in the case of a partial surrender, the chief inspector is of the opinion that it is necessary to vary the conditions included in the permit to take account of the surrender, the chief inspector shall specify the necessary variations in the notice of determination given under paragraph (4) and the variations specified in the notice shall take effect on the date specified in the notice.

(7)If the chief inspector is not satisfied as specified in paragraph (5) he shall give to the operator notice in writing of his determination stating that the application has been refused.

(8)The chief inspector shall give notice in writing of his determination of an application under this regulation within the period of three months beginning with the date on which the chief inspector receives the application or within such longer period as the chief inspector and the operator may agree in writing.

(9)If the chief inspector fails to give notice in writing of his determination accepting the surrender or refusing the application within the period allowed by or under paragraph (8) the application shall, if the operator notifies the chief inspector in writing that he treats the failure as such, be deemed to have been refused at the end of that period.

(10)The chief inspector may, by notice in writing to the operator, require the operator to furnish such further information specified in the notice, within the period so specified, as the chief inspector may require for the purpose of determining an application under this regulation.

(11)Where a notice is served on an operator under paragraph (10)—

(a)for the purpose of calculating the period of three months specified in paragraph (8), no account shall be taken of the period beginning with the date on which notice is served and ending on the date on which the information specified in the notice is furnished; and

(b)if the specified information is not furnished within the period specified, the application shall, if the chief inspector gives notice in writing to the operator that the failure is treated as such, be deemed to have been withdrawn at the end of that period.

(12)For the purpose of deciding whether a pollution risk results from the operation of a Part A installation or Part A mobile plant—

(a)where the operation of the installation or plant involved the carrying out of a specified waste management activity, only risks resulting from the carrying out of that activity 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; and

(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.

(13)The relevant date for a specified waste management activity for the purpose of paragraph (12)(a) is—

(a)where the activity was carried out on the site of the installation or mobile plant under a disposal licence which, by virtue of Article 10(1) of the Pollution Control and Local Government (Northern Ireland) Order 1978, ceased to have effect in relation to the carrying out of that activity on that site on the granting of the permit applying to the installation or mobile plant, the date on which that disposal licence was granted; and

(b)in any other case, the date on which the permit applying to the installation or mobile plant was granted.

(14)In paragraph (13)(a) “disposal licence” has the same meaning as in Article 5(1) of the Pollution Control and Local Government (Northern Ireland) Order 1978.

(15)In paragraphs (4)(c) and (12) “permit” means a permit granted under these Regulations or under the Pollution Prevention and Control (Northern Ireland) Regulations 2003.

23Surrender of a permit for a Part B or Part C installation or Part B or Part C mobile plant#

(1)This regulation applies—

(a)where an operator of a Part B or Part C installation or Part B or Part C mobile plant ceases or intends to cease operating the installation (in whole or in part) or the mobile plant; and

(b)in relation to that part of any installation or mobile plant where an activity falling within paragraphs (b), (d), (g) and (h) of Part A of section 5.1 of Part 1 of Schedule 1 is carried out.

(2)Where this regulation applies, the operator may—

(a)if they have ceased or intend to cease operating all of the installations and mobile plant covered by the permit, notify the enforcing authority of the surrender of the whole permit; or

(b)in any other case, notify the enforcing authority of the surrender of the permit in so far as it authorises the operation of the installation or mobile plant (“the surrender unit”) which the operator has ceased or intends to cease operating (a “partial surrender”).

(3)A notification under paragraph (2) shall contain the following information—

(a)the operator’s telephone number and address and, if different, any address to which correspondence relating to the notification should be sent;

(b)in the case of a partial surrender of a permit, 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;

(c)in the case of a partial surrender of a permit applying to 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 the enforcing authority.

(4)The enforcing authority may, by notice in writing, require the operator to supply such further information specified in the notice within the period so specified.

(5)Subject to paragraphs (6) and (7), 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.

(6)If, in the case of a partial surrender, the enforcing authority is of the opinion that it is necessary to vary the conditions of the permit to take account of the surrender, the enforcing authority shall—

(a)notify the operator of its opinion in writing; and

(b)serve a variation notice under regulation 19 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.

(7)If the enforcing authority has required the operator to supply further information by notice in writing, the enforcing authority shall serve notice on the operator acknowledging receipt of the requested information, and stating the date on which the permit will cease to have effect, which shall not be more than 28 days after the date on which the information was received.

24Revocation of permits#

(1)The enforcing authority may at any time revoke a permit, in whole or in part, by serving a notice in writing (“a revocation notice”) on the operator.

(2)Without prejudice to the generality of paragraph (1), the enforcing authority may serve a notice under this regulation in relation to a permit where—

(a)the permit authorises the carrying out of a specified waste management activity and it appears to the chief inspector that the operator of the installation or mobile plant concerned has ceased to be a fit and proper person to carry out that activity by reason of their having been convicted of a relevant offence within the meaning of regulation 4(5) or by reason of the management of that activity having ceased to be in the hands of a technically competent person; or

(b)the holder of the permit has ceased to be the operator of the installation or mobile plant covered by the permit.

(3)A revocation notice may—

(a)revoke a permit entirely;

(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; or

(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—

(a)in the case of a revocation specified in paragraph (3)(b) or (c) (a “partial revocation”), the extent to which the permit is being revoked; and

(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 specified in paragraph (3)(b) or (c) applying to a Part A installation or Part A mobile plant, the chief inspector considers that it is appropriate to require the operator to take steps, once the installation or mobile plant is no longer in operation, to—

(a)avoid any pollution risk resulting from the operation of the installation or mobile plant on the site or, in the case of a partial revocation, that part of the site used for the operation of that installation or mobile plant;

(b)return the site, or that part of the site, to a satisfactory state; or

the revocation notice shall 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.

(6)Subject to paragraph (7) and regulation 31(6), a permit shall cease to have effect, or, in the case of a partial revocation, shall cease to have effect to the extent specified in the revocation notice, from the date specified in the notice.

(7)Where paragraph (5) applies, the permit shall cease to have effect to authorise the operation of the Part A installation or Part A mobile plant from the date specified in the revocation notice but shall continue to have effect in so far as the permit requires steps to be taken once it is no longer in operation until the chief inspector issues a certificate of satisfaction stating that all such steps have been taken.

(8)Where a permit continues to have effect as specified in paragraph (7), any steps specified in a revocation notice pursuant to paragraph (5) shall be treated as if they were required to be taken by a condition of the permit and regulations 19, 26, 27 and 36(1)(b) shall apply in relation to the requirement to take such steps, and to any other conditions in the permit which require steps to be taken once the installation is no longer in operation, until the chief inspector issues a certificate as specified in paragraph (7).

(9)An enforcing authority which has served a revocation notice may, before the date on which the revocation takes effect, withdraw the notice.

(10)Regulation 22(12) shall apply 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 as it applies for the purpose of regulation 22.

25Fees and charges in relation to permits#

(1)There shall be charged by and paid to the enforcing authority such fees and charges as may be prescribed by a scheme under paragraph (2) (whether by being specified in or made calculable under the scheme).

(2)The Department may make, and from time to time revise, a scheme prescribing—

(a)fees payable in respect of applications for permits;

(b)fees payable in respect of, or of applications for, the variation, transfer and surrender of such permits;

(c)charges payable in respect of the subsistence of such permits; and

(d)fees and costs payable in connection with appeals under these Regulations.

(3)The Department shall, on making or revising a scheme under paragraph (2), lay a copy of the scheme or of the revisions made to the scheme or, if it considers it more appropriate, the scheme as revised, before the Assembly.

(4)The Department may make separate schemes for fees and charges payable to the chief inspector and fees and charges payable to district councils under these Regulations.

(5)A scheme under paragraph (2) may, in particular—

(a)allow for reduced fees or charges to be payable in respect of permits granted to the same person;

(b)provide for the times at which and the manner in which the payments required by the scheme are to be made (subject to the requirements in these Regulations as to the times at which payment is required); and

(c)make such incidental, supplementary and transitional provisions as appears to the Department to be appropriate.

(6)The Department, in framing a scheme under paragraph (2), shall, so far as practicable, secure that the fees and charges payable under the scheme are sufficient, taking one year with another, to cover the expenditure incurred by—

(a)the enforcing authorities in exercising their functions under these Regulations in relation to permits;

(b)the Department in exercising its functions under regulation 15(1) or in preparing guidance in relation to the authorisation of installations and mobile plant covered by district council permits.

(7)A scheme under paragraph (2) may provide that, to the extent that the sums paid to a district council under the scheme relate to expenditure incurred by the Department as specified in paragraph (6)(b), those sums shall be paid by the district council to the Department.

(8)If it appears to the enforcing authority that the holder of a permit has failed to pay a charge due in consideration of the subsistence of the permit, it may revoke the permit under regulation 24.

(9)Any fees and charges received by the chief inspector under this regulation shall be paid into the Consolidated Fund.

(10)In this regulation, “district council permit” means a permit applying to installations or mobile plant in relation to which a district council exercises functions under these Regulations.

Part 3 26Duty of the enforcing authority to undertake inspections and to ensure compliance with conditions#

(1)While a permit is in force it shall be the duty of the enforcing authority 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.

(2)In the case of a Part A installation or Part A mobile plant the chief inspector shall set up a system of environmental inspections of installations and mobile plant addressing the examination of the full range of relevant environmental effects from the installations and mobile plant concerned.

(3)The chief inspector shall ensure that all Part A installations and Part A mobile plant are covered by an environmental inspection plan and shall ensure that this plan is regularly reviewed and, where appropriate, updated.

(4)Each environmental inspection plan shall include the following—

(a)a general assessment of relevant significant environmental issues;

(b)the geographical area covered by the inspection plan;

(c)a register of the installations and mobile plant covered by the plan;

(d)procedures for drawing up programmes for routine environmental inspections pursuant to paragraph (5); and

(e)procedures for non-routine environmental inspections pursuant to paragraph (7).

(5)Based on the inspection plans, the chief inspector shall regularly draw up programmes for routine environmental inspections, including the frequency of site visits for different types of installations and mobile plant so that—

(a)the period between two site visits is based on a systematic appraisal of the environmental risks of the installations and mobile plant concerned and does not exceed one year for installations and mobile plant posing the highest risks and three years for installations and mobile plant posing the lowest risks;

(b)if an inspection has identified an important case of non-compliance with the permit conditions, an additional site visit shall be carried out within six months of that inspection;

(6)The systematic appraisal of the environmental risks shall be based on at least the following criteria—

(a)the potential and actual impacts of the installations and mobile plant concerned on human health and the environment taking into account the levels and types of emissions, the sensitivity of the local environment and the risk of accidents;

(b)the record of compliance with permit conditions; ^note...

(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7)Non-routine environmental inspections of Part A installations and Part A mobile plant shall be carried out to investigate serious environmental complaints, serious environmental accidents, incidents and occurrences of non-compliance as soon as possible and, where appropriate, before the granting, reconsideration or update of a permit.

(8)Following each site visit to a Part A installation or Part A mobile plant, the chief inspector shall—

(a)prepare a report describing its relevant findings regarding compliance of the installation or mobile plant with the permit conditions and its conclusions on whether any further action is necessary;

(b)notify the operator concerned within two months of the site visit taking place; and

(c)make the report publicly available within four months of the site visit taking place, ^note...

27Enforcement notices#

(1)If the enforcing authority is of the opinion that an operator has contravened, is contravening or is likely to contravene any condition of his permit, the enforcing authority may serve on him a notice (an “enforcement notice”).

(2)An enforcement notice shall—

(a)state the opinion of the enforcing authority;

(b)specify the matters constituting the contravention or the matters making it likely that the contravention will arise;

(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;

(d)specify the period within which those steps must be taken; and

(e)be in writing.

(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.

(4)The enforcing authority may also serve on an operator an enforcement notice in the event of an accident or incident significantly affecting the environment.

(5)An enforcement notice served under paragraph (4) shall—

(a)specify the measures that the enforcing authority considers necessary to limit the environmental consequences and to prevent further possible incidents or accidents;

(b)specify the period within which those steps must be taken; and

(c)be in writing.

(6)The enforcing authority may withdraw an enforcement notice at any time by further written notice served on the operator.

28Suspension notices#

(1)If the enforcing authority is of the opinion, in respect of an installation or mobile plant authorised under these Regulations, that the operation of the installation or mobile plant, or the operation of it in a particular manner, involves an imminent risk of serious pollution, it shall, unless it intends to arrange for steps to be taken under regulation 29(1) in relation to the risk, serve a notice under this regulation (a “suspension notice”) on the operator of the installation or mobile plant.

(2)Paragraph (1) applies whether or not the particular manner of operating the installation or mobile plant in question is regulated by or contravenes a condition of the permit.

(3)If the chief inspector is of the opinion, in respect of the carrying out of specified waste management activities under a permit, that the operator carrying out the activities has ceased to be a fit and proper person in relation to those activities by reason of their management having ceased to be in the hands of a technically competent person, the chief inspector may serve a suspension notice on that operator.

(4)A suspension notice shall—

(a)state the enforcing authority’s opinion, as mentioned in paragraph (1) or (3);

(b)in the case of a notice served under paragraph (1), specify—

(i)the imminent risk involved in the operation of the installation or mobile plant;

(ii)the steps that must be taken to remove it and the period within which they must be taken;

(c)state that any relevant permit shall, until the notice is withdrawn, cease to have the effect of authorising 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;

(d)where any relevant permit is to continue to have the effect of authorising the carrying out of activities, state any steps, in addition to those already required to be taken by the conditions of the permit, that are to be taken in carrying out those activities; and

(e)be in writing.

(5)Where a suspension notice is served under this regulation any relevant permit shall, on the service of the notice, cease to have effect as stated in the notice.

(6)The enforcing authority may withdraw a suspension notice at any time, by further notice served on the operator, and shall withdraw a notice when it is satisfied—

(a)in the case of a notice served under paragraph (1), that the steps required by the notice to remove the imminent risk of serious pollution have been taken; and

(b)in the case of a notice served under paragraph (3), that the management of the specified waste management activities is in the hands of a technically competent person.

29Power of the enforcing authority to prevent or remedy pollution#

(1)If the enforcing authority is of the opinion, in respect of the operation of an installation or mobile plant authorised under these Regulations, that the operation of the installation or mobile plant, or the operation of it in a particular manner, involves an imminent risk of serious pollution, the enforcing authority may arrange for steps to be taken to remove that risk.

(2)Where the commission of an offence under regulation 36(1)(a), (b) or (d) causes any pollution the enforcing authority may arrange for steps to be taken towards remedying the effects of the pollution.

(3)An enforcing authority which intends to arrange for steps to be taken under paragraph (2) shall, at least seven days before the steps are taken, notify the operator in writing of the steps that are to be taken.

(4)Subject to paragraph (5), where an enforcing authority arranges for steps to be taken under this regulation it may recover the cost of taking those steps from the operator concerned.

(5)No costs shall be recoverable under paragraph (4) where the enforcing authority arranges for steps to be taken under paragraph (1) if the operator shows that there was no imminent risk of serious pollution requiring any such steps to be taken and no other costs shall be recoverable which the operator shows to have been unnecessarily incurred by the enforcing authority.

30Powers of inspectors and others#

(1)An inspector may, on production (if so required) of his authority, exercise any of the powers in paragraph (3) for the purpose of—

(a)determining whether any provisions of the pollution control statutory provisions in the case of an enforcing authority are being, or have been, complied with;

(b)discharging one or more of the functions conferred or imposed on an enforcing authority by or under the pollution control statutory provisions; or

(c)determining whether and, if so, how such a function should be discharged.

(2)Those powers, so far as exercisable in relation to premises, are exercisable in relation to premises on which activities listed—

(a)in Part 1 of Schedule 1 are, or are believed (on reasonable grounds) to be carried out;

(b)in Part 1 of Schedule 1 have, or are believed (on reasonable grounds) to have, been carried out (whether or not the activities were so listed when they were carried out), the condition of which is believed (on reasonable grounds) to be such as to give rise to a risk of serious pollution; and

(c)in Schedule 1 to the Greenhouse Gas Emissions Trading Scheme Regulations 2005 are or have been, or are believed (on reasonable grounds) to be or to have been, carried out.

(3)The powers of the inspector are—

(a)to enter at any reasonable time (or, in an emergency, at any time and, if need be, by force) any premises which he has reason to believe it is necessary for him to enter;

(b)on entering any premises by virtue of sub-paragraph (a) to take with him—

(i)any person duly authorised by the chief inspector or the district council and, if the inspector has reasonable cause to apprehend any serious obstruction in the execution of his duty, a constable; and

(ii)any equipment or materials required for any purpose for which the power of entry is being exercised;

(c)to make such examination and investigation as may in any circumstances be necessary;

(d)as regards any premises which he has power to enter, to direct that those premises or any part of them or anything in them, shall be left undisturbed (whether generally or in particular respects) for so long as is reasonably necessary for the purpose of any examination or investigation under sub-paragraph (c);

(e)to take such measurements and photographs and make such recordings as he considers necessary for the purpose of any examination or investigation under sub-paragraph (c);

(f)to take samples of any articles or substances found in or on any premises which he has power to enter, and of the air, water or land in, on, or in the vicinity of, the premises;

(g)in the case of any article or substance found in or on any premises which he has power to enter, being an article or substance which appears to him to have caused or to be likely to cause pollution, to cause it to be dismantled or subjected to any process or test (but not so as to damage or destroy it unless this is necessary);

(h)in the case of any such article or substance as is mentioned in sub-paragraph (g), to take possession of it and detain it for so long as is necessary for all or any of the following purposes, namely—

(i)to examine it and do to it anything which he has power to do under that sub- paragraph;

(ii)to ensure that it is not tampered with before his examination of it is completed; and

(iii)to ensure that it is available for use as evidence in any proceedings for an offence under regulation 36 or 37 or any other proceedings relating to a permit;

(i)to require any person whom he has reasonable cause to believe to be able to give any information relevant to any examination or investigation under sub-paragraph (c) to answer (in the absence of persons other than a person nominated by that person to be present and any persons whom the inspector may allow to be present) such questions as the inspector thinks fit to ask and to sign a declaration of the truth of his answers;

(j)to require the production of, or where the information is recorded in computerised form, the furnishing of extracts from, any records which are required to be kept under the pollution control statutory provisions or which it is necessary for him to see for the purposes of an examination or investigation under sub-paragraph (c) and to inspect and take copies of, or of any entry in, the records;

(k)to require any person to afford him such facilities and assistance with respect to any matters or things within that person’s control or in relation to which that person has responsibilities as are necessary to enable the inspector to exercise any powers conferred on him by this regulation; and

(l)any other power for the purpose mentioned in paragraph (1) which is conferred by regulations made by the Department.

(4)The powers, which under paragraphs (1) and (3) are conferred in relation to any premises for the purpose of enabling an enforcing authority to determine whether any provision of the pollution control statutory provisions in the case of that enforcing authority is being, or has been, complied with, shall include power, in order to obtain the information on which that determination may be made—

(a)to carry out experimental borings or other works on those premises; and

(b)to install, keep or maintain monitoring and other apparatus there.

(5)Except in an emergency, in any case where it is proposed to take heavy equipment on to any premises which are to be entered, any entry by virtue of this regulation shall only be effected—

(a)after the expiration of at least 7 days’ notice in writing of the proposed entry given to a person who appears to the inspector to be in occupation of the premises in question; and

(b)either—

(i)with the consent of a person who is in occupation of those premises; or

(ii)under the authority of a warrant by virtue of Schedule 14.

(6)Except in an emergency, where an inspector proposes to enter any premises and—

(a)entry has been refused and he apprehends on reasonable grounds that the use of force may be necessary to effect entry; or

(b)he apprehends on reasonable grounds that entry is likely to be refused and that the use of force may be necessary to effect entry,

any entry on those premises by virtue of this regulation shall only be effected under the authority of a warrant by virtue of Schedule 14.

(7)Where an inspector proposes to exercise the power conferred by paragraph (3)(g) in the case of any article or substance found on any premises, he shall, if so requested by a person who at the time is present on and has responsibilities in relation to those premises, cause anything which is to be done by virtue of that power to be done in the presence of that person.

(8)Before exercising the power conferred by paragraph (3)(g) in the case of any article or substance, an inspector shall consult—

(a)such persons having duties on the premises where the article or substance is to be dismantled or subjected to the process or test; and

(b)such other persons,as appear to them appropriate for the purpose of ascertaining what dangers, if any, there may be in doing anything which he proposes to do under that power.

(9)No answer given by a person in pursuance of a requirement imposed under paragraph (3)(i) shall be admissible in evidence against that person in any proceedings.

(10)Nothing in this regulation shall be taken to compel the production by any person of a document of which that person would on grounds of legal professional privilege be entitled to withhold production on an order for discovery in an action in the High Court.

(11)In this regulation and Schedule 14—• “emergency” means a case in which it appears to the inspector in question—(a) that there is an immediate risk of serious pollution; or(b) that circumstances exist which are likely to endanger life or health,and that immediate entry to any premises is necessary to verify the existence of that risk or those circumstances or to ascertain the cause of that risk or those circumstances or to effect a remedy;• “pollution control statutory provisions” means—(a) the Environment (Northern Ireland) Order 2002 and regulations made thereunder;(b) the Planning (Control of Major Accident Hazards) Regulations (Northern Ireland) 2000;(c) the Greenhouse Gas Emissions Trading Scheme Regulations 2005; or(d) regulations made under section 2(2) of the European Communities Act 1972 to the extent that those regulations relate to pollution;• “premises” includes any land, vehicle or vessel; and• “vehicle” means any motor vehicle or trailer within the meaning of the Road Traffic (Northern Ireland) Order 1981.

(12)Schedule 14 shall have effect with respect to the powers of entry and related powers which are conferred by this regulation.

(13)This regulation and Schedule 14 apply (with appropriate modifications) in relation to mobile plant as they apply to premises.

(14)Nothing in section 98 of the Local Government Act (Northern Ireland) 1972 shall apply to functions conferred on a district council under these Regulations.

Part 4 31Appeals from decisions with respect to permits#

(1)Subject to paragraph (3), the following persons, namely—

(a)a person who has been refused the grant of a permit under regulation 10;

(b)a person who has been refused the variation of the conditions of a permit on an application under regulation 19(2);

(c)a person who is aggrieved by the conditions attached to his permit following an application under regulation 10 or by a variation notice following an application under regulation 19(2);

(d)a person whose application under regulation 20(1) for an enforcing authority to effect the transfer of a permit has been refused or who is aggrieved by the conditions attached to their permit to take account of such a transfer;

(e)a person whose application under regulation 22(3) to surrender a permit has been refused, or who is aggrieved by the conditions attached to their permit to take account of the surrender;

(f)a person who is aggrieved by a determination by an enforcing authority that information is not commercially confidential under regulation 35(2) or (5);

(g)a person whose request to initiate the closure procedure is not approved under regulation 15(3)(b) of the 2003 Landfill Regulations; or

(h)a person who is aggrieved by a decision relating to that person under paragraph 1(6)(b) of Schedule 4 to the 2003 Landfill Regulations,may appeal against the decision or determination to the Planning Appeals Commission.

(2)Subject to paragraph (3), a person on whom a variation notice is served, other than following an application under regulation 19(2) or on whom a revocation notice, an enforcement notice, a suspension notice or a closure notice under regulation 16(1) of the 2003 Landfill Regulations is served may appeal against the notice to the Planning Appeals Commission.

(3)Paragraphs (1) and (2) shall not apply where the decision or notice implements a direction of the Department given under regulations 12(11) or 40 or paragraph 17(13) of Schedule 4 or paragraph 7(13) of Schedule 7, or a determination of an appeal by the Planning Appeals Commission.

(4)Where an appeal is brought against the decision or determination of an enforcing authority under paragraph (1), the Planning Appeals Commission may allow or dismiss the appeal or may reverse or vary any part of the decision or determination, and any determination of the Planning Appeals Commission on the appeal shall have the like effect as a decision of the enforcing authority.

(5)On the determination of an appeal made under paragraph (2) the Planning Appeals Commission may either quash or affirm the notice and, if it affirms it, may do so either in its original form or with such modifications as it may in the circumstances think fit.

(6)Where an appeal is brought under paragraph (2) against a revocation notice, the revocation shall not take effect pending the final determination or the withdrawal of the appeal.

(7)Where an appeal is brought under paragraph (1)(c), (d) or (e) in relation to the conditions attached to a permit, the bringing of the appeal shall not have the effect of suspending the operation of the conditions.

(8)Where an appeal is brought under 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.

(9)Where an appeal is brought under paragraph (1)(g) in relation to a request to initiate the closure procedure or under paragraph (2) in relation to a closure notice, the closure procedure shall not be initiated pending the final determination or the withdrawal of the appeal.

(10)Regulations 11 to 14 of these Regulations or regulation 8 of the 2003 Landfill Regulations shall apply where the Planning Appeals Commission, in exercising any of its powers under paragraphs (4) or (5), gives directions as to the conditions to be attached to a permit as they would apply to the enforcing authority when determining the conditions of the permit.

(11)Schedule 15 shall have effect in relation to the making and determination of appeals under this regulation.

(12)Where an appeal is brought under paragraph (1)(g) or (h) in relation to a landfill in respect of which a waste management licence within the meaning of Part II of the Waste and Contaminated Land (Northern Ireland) Order 1997 (a “licence”) is in force, this regulation and Schedule 15 shall apply as if—

(a)references to a permit were references to a licence;

(b)references to an operator were references to a licence holder; and

(c)references to an installation or mobile plant were references to a landfill.

Part 5 32Information#

(1)For the purpose of the discharge of its functions under these Regulations or the 2003 Landfill Regulations, the Department may, by notice in writing served on an enforcing authority, require the enforcing authority to furnish such information about the discharge of its functions as an enforcing authority as it may require.

(2)For the purposes of the discharge of their functions under these Regulations or the 2003 Landfill Regulations, the Department or an enforcing authority may, by notice in writing 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 Department of an obligation of the United Kingdom under ^note... any international agreement relating to the environment shall be treated as a function of the Department 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 chief inspector under these Regulations.

(4)The information which a person may be required to furnish by a notice served under paragraph (2) includes 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.

33Public registers of information#

(1)Subject to regulations 34 and 35 and to paragraphs 2 to 5 of Schedule 16, it shall be the duty of each enforcing authority, in respect of installations or mobile plant for which it is the enforcing authority, to maintain a register containing the particulars described in paragraph 1 of that Schedule.

(2)Subject to paragraph (3), the register maintained by a district council shall also contain any particulars contained in any register maintained by the chief inspector relating to the operation of an installation or mobile plant in the district of the district council in relation to which the chief inspector has functions under these Regulations.

(3)The chief inspector shall furnish each district council with the particulars which are necessary to enable it to discharge its duty under paragraph (2).

(4)Where information of any description is excluded from any register by virtue of regulation 35, a statement shall be entered in the register indicating the existence of information of that description.

(5)It shall be the duty of each enforcing authority—

(a)to secure that the registers maintained by them under this regulation are available, at all reasonable times, for inspection by the public free of charge; and

(b)to afford to members of the public facilities for obtaining copies of entries, on payment of reasonable charges.

(6)Registers under this regulation may be kept in any form.

34Exclusion from registers of information affecting national security#

(1)No information shall be included in a register maintained under regulation 33 if and so long as, in the opinion of the Secretary of State, the inclusion in the register of that information, or information of that description, would be contrary to the interests of national security.

(2)The Secretary of State may, for the purpose of securing the exclusion from registers of information to which paragraph (1) applies, give to enforcing authorities directions—

(a)specifying information, or descriptions of information, to be excluded from their registers; or

(b)specifying descriptions of information to be referred to the Secretary of State for his determination,

and no information referred to the Secretary of State in pursuance of sub-paragraph (b) shall be included in any such register until the Secretary of State determines that it should be so included.

(3)The enforcing authority shall notify the Secretary of State of any information it excludes from the register in pursuance of directions under paragraph (2).

(4)A person may, as respects any information which appears to him to be information to which paragraph (1) may apply, give a notice to the Secretary of State specifying the information and indicating its apparent nature; and, if he does so—

(a)he shall notify the enforcing authority that he has done so; and

(b)no information so notified to the Secretary of State shall be included in any such register until the Secretary of State has determined that it should be so included.

35Exclusion from registers of certain confidential information#

(1)No information relating to the affairs of any individual or business shall be included in a register maintained under regulation 33, without the consent of that individual or the person for the time being carrying on that business, if and so long as the information—

(a)is, in relation to the person, commercially confidential; and

(b)is not required to be included in the register in pursuance of a direction under paragraph (7),

but information is not commercially confidential for the purposes of this regulation unless it is determined under this regulation to be so by the enforcing authority or, on appeal, by the Planning Appeals Commission.

(2)Where information is furnished to an enforcing authority for the purpose of these Regulations the person furnishing it may apply to the enforcing authority to have the information excluded from the register on the ground that it is commercially confidential (as regards that or another person) and the enforcing authority shall determine whether the information is or is not commercially confidential.

(3)Notice of determination under paragraph (2) shall be given to the applicant in writing within the period of 28 days beginning with the date of the application or within such longer period as may be agreed with the applicant.

(4)If the enforcing authority fails to give notice of its determination of an application under paragraph (2) within the period allowed by or under paragraph (3), the enforcing authority shall, if the applicant notifies the enforcing authority in writing that they treat the failure as such, be deemed to have determined at the end of that period that the information is not commercially confidential.

(5)Where it appears to an enforcing authority that any information which has been obtained by the enforcing authority under or by virtue of any provision of these Regulations and which is required to be included in the register unless excluded under this regulation might be commercially confidential, the enforcing authority shall (unless the information is the subject of an application under paragraph (2))—

(a)give to the person to whom or to whose business it relates notice in writing that that information is required to be included in the register unless excluded under this regulation; and

(b)give that person a reasonable opportunity—

(i)of objecting to the inclusion of the information on the ground that it is commercially confidential; and

(ii)of making representations to the enforcing authority for the purpose of justifying any such objection,

and, if any representations are made, the enforcing authority 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), an enforcing authority determines that information is not commercially confidential—

(a)the information shall not be entered in the register until the end of the period of 21 days beginning with the date on which the determination is notified to the person concerned or the determination is deemed to have been made under paragraph (4);

(b)if that person before the end of that period appeals to the Planning Appeals Commission against the decision under regulation 31(1)(f), the information shall not be entered in the register until the end of the period of seven days following the day on which the appeal is finally determined or is withdrawn.

(7)The Department may give to the enforcing authority directions as to specified information, or descriptions of information, which the public interest requires to be included in registers maintained under regulation 33 notwithstanding that the information may be commercially confidential.

(8)Information excluded from a register shall be treated as ceasing to be commercially confidential for the purposes of this regulation at the expiry of the period of four years beginning with the date of the determination by virtue of which it was excluded or at the expiry of such shorter period as may be specified in the notice of that determination for the purpose of this paragraph; but the person who furnished it may apply to the enforcing authority for the information to remain excluded from the register on the ground that it is still commercially confidential and the enforcing authority shall determine whether or not that is the case.

(9)Paragraph (6) shall apply in relation to a determination under paragraph (8) as it applies in relation to a determination under paragraph (2) or (5).

(10)Information is, for the purposes of any determination under this regulation, commercially confidential, in relation to any individual or other person, if its being contained in the register would prejudice to an unreasonable degree the commercial interests of that individual or other person.

Part 6 36Offences#

(1)It is an offence for any person—

(a)to contravene regulation 9(1);

(b)to fail to comply with or to contravene a condition of a permit;

(c)to fail to comply with regulation 18(1);

(d)to fail to comply with the requirements of an enforcement or a suspension notice served under regulation 27 or 28 or a compliance or closure notice served under regulation 15A or 16 of the 2003 Landfill Regulations;

(e)without reasonable excuse to fail to comply with any requirement imposed under regulation 30;

(f)without reasonable excuse—

(i)to fail or refuse to provide facilities or assistance or any information or to permit any inspection reasonably required by an inspector in the execution of their powers or duties under regulation 30; or

(ii)to prevent any other person from appearing before an inspector, or answering any questions to which an inspector may require an answer, pursuant to regulation 30(3);

(g)without reasonable excuse to fail to comply with any requirement imposed by a notice under regulation 32(2);

(h)to make a statement which they know 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—

(i)in purported compliance with a requirement to furnish any information imposed by or under these Regulations or the 2003 Landfill Regulations; or

(ii)for the purpose of obtaining the grant of a permit to themselves or any other person, or the variation, transfer or surrender of a permit;

(i)intentionally to make a false entry in any record required to be kept under a condition of a permit;

(j)with intent to deceive, to forge or use a document issued or authorised to be issued under a condition of a permit or required for any purpose under a condition of a permit or to make or have in their possession a document so closely resembling any such document as to be likely to deceive;

(k)to fail to comply with an order made by a court under regulation 39;

(l)intentionally to obstruct an inspector in the exercise or performance of his powers or duties; ^note...

(m)falsely to pretend to be an inspector; or

(n)to fail to comply with paragraph 4, 7, or 10 of Schedule 13A.

(2)A person guilty of an offence under sub-paragraph (a), (b), (d), (k) or (n) of paragraph (1) shall be liable—

(a)on summary conviction, to a fine not exceeding £50,000 or to imprisonment for a term not exceeding six months or to both; and

(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), (g), (h), (i) or (j) of paragraph (1) shall be liable—

(a)on summary conviction, to a fine not exceeding the statutory maximum; and

(b)on conviction on indictment, to a fine or to imprisonment for a term not exceeding two years or to both.

(4)A person guilty of an offence under sub-paragraph (e), (f) or (m) of paragraph (1) shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.

(5)A person guilty of an offence under sub-paragraph (l) of paragraph (1) shall be liable—

(a)in the case of an offence of obstructing an inspector in the execution of their powers under regulation 29—

(i)on summary conviction, to a fine not exceeding the statutory maximum; and

(ii)on conviction on indictment, to a fine or imprisonment for a term not exceeding two years, or to both;

(b)in any other case, on summary conviction, to a fine not exceeding level 5 on the standard scale.

(6)For the purposes of this regulation, section 20(2) of the Interpretation Act (Northern Ireland) 1954 applies with the omission of the words “the liability of whose members is limited”.

(7)Where the affairs of a body corporate are managed by its members, paragraph (6) shall apply in relation to the acts or defaults of a member in connection with their functions of management as if he were a director of the body corporate.

(8)Where the commission by any person of an offence under this regulation is due to the act or default of some other person, that other person may be charged with and convicted of the offence by virtue of this paragraph whether or not proceedings for the offence are taken against the first-mentioned person.

37Enforcement by the High Court#

If the enforcing authority is of the opinion that proceedings for an offence under regulation 36(1)(d) would afford an ineffectual remedy against a person who has failed to comply with the requirements of an enforcement notice or a suspension notice under these Regulations, or compliance notice or closure notice under the 2003 Landfill Regulations, the enforcing authority may take proceedings in the High Court for the purpose of securing compliance with the notice.

38Admissibility of evidence#

(1)Information provided or obtained pursuant to or under a condition of a permit (including information so provided or obtained, or recorded, by means of any apparatus) shall be admissible in evidence in any proceedings, whether against the person subject to the condition or any other person.

(2)For the purposes of paragraph (1), apparatus shall be presumed in any proceedings to register or record accurately, unless the contrary is shown or the permit otherwise provides.

(3)Where—

(a)by virtue of a condition of a permit granted by an enforcing authority an entry is required to be made in any record as to the observance of any condition of the permit; and

(b)the entry has not been made,

that fact shall be admissible as evidence that that condition has not been observed.

(4)In this regulation—• “apparatus” includes any meter or other device for measuring, assessing, determining, recording or enabling to be recorded the volume, temperature, radioactivity, rate, nature, origin, composition, or effect of any substance, flow, discharge, emission, deposit or abstraction; and• “condition of a permit” includes any requirement to which a person is subject under or in consequence of a permit.

39Power of court to order cause of offence to be remedied#

(1)Where a person is convicted of an offence under regulation 36(1)(a), (b) or (d) in respect of any matters which appear to the court to be matters which it is in that person’s power to remedy, the court may, in addition to or instead of imposing any punishment, order the person, within such time as may be fixed by the order, to take such steps as may be specified in the order for remedying those matters.

(2)The time fixed by an order under paragraph (1) may be extended or further extended by order of the court on an application to the court made before the end of the time as originally fixed under paragraph (1), or extended under this paragraph.

(3)Where a person is ordered under paragraph (1) to remedy any matters, that person shall not be liable under regulation 36 in respect of those matters in so far as they continue during the time fixed by the order under paragraph (1), or any further time allowed under paragraph (2).

Part 7 40Directions to enforcing authorities#

(1)The Department may give directions to enforcing authorities of a general or specific character with respect to the carrying out of any of their functions under these Regulations or the 2003 Landfill Regulations.

(2)Without prejudice to the generality of the power conferred by paragraph (1), a direction under that paragraph may direct enforcing authorities—

(a)to exercise any of their powers under these Regulations or the 2003 Landfill Regulations or to do so in such circumstances as may be specified in the directions or in such manner as may be so specified; or

(b)not to exercise those powers, or not to do so in such circumstances or such manner as may be specified in the directions.

(3)Where the Department receives information pursuant to Article 26(1) of the IED 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 Northern Ireland, it shall, for the purpose of complying with Article 26(2) of the IED, direct the chief inspector to take such steps as it considers appropriate for the purpose of bringing the information to the attention of the persons in Northern Ireland likely to be affected by the operation of the installation and providing them with an opportunity to comment on that information.

(4)Where the Department receives information pursuant to Article 26(4) of the IED, it shall, for the purpose of complying with that Article, direct the chief inspector to take such steps as it considers appropriate for the purpose of bringing the information to the attention of persons in Northern Ireland likely to be affected by the operation of the installation to which the information relates.

(5)Any direction given under these Regulations shall be in writing and may be varied or revoked by a further such direction.

(6)It shall be a duty of an enforcing authority to comply with any direction which is given to it under these Regulations.

41Guidance to enforcing authorities#

(1)The Department may issue guidance to enforcing authorities with respect to the carrying out of any of their functions under these Regulations or the 2003 Landfill Regulations.

(2)An enforcing authority, in carrying out any of its functions under these Regulations or the 2003 Landfill Regulations, shall have regard to any guidance issued by the Department under this regulation.

42Plans relating to emissions#

(1)Subject to paragraph (3), the Department may make plans for—

(a)the setting of limits on the total amount, or the total amount in any period, of emissions from all, or any description of, sources within Northern Ireland; or

(b)the allocation of quotas relating to such emissions.

(2)Where the Department allocates a quota in a plan made under paragraph (1) it may also make a scheme for the trading or other transfer of the quota so allocated.

(3)This regulation shall not apply to an emission plan or to the Transitional National Plan .

(4)In this regulation—• “emission” means the direct or indirect release of any substance from individual or diffuse sources into the air, water or land; and• “emission plan” has the meaning given in the Large Combustion Plants (National Emission Reduction Plan) Regulations 2007 and• “Transitional National Plan” has the meaning given in regulation 2 of the Large Combustion Plants (Transitional National Plan) Regulations 2015.

Part 8 43Disclosure of information#

(1)Notwithstanding any prohibition or restriction imposed by or under any statutory provision or rule of law, information of any description may be disclosed—

(a)by the Department to any enforcing authority; or

(b)by any enforcing authority to the Department or any other enforcing authority,for the purpose of facilitating the carrying out by the Department or by any enforcing authority of any of their functions under these Regulations; and no person shall be subject to any civil or criminal liability in consequence of any disclosure made by virtue of this paragraph.

(2)Nothing in this regulation shall authorise the disclosure of information, disclosure of which would, in the opinion of the Secretary of State, be contrary to the interests of national security.

(3)No information disclosed to any person under this regulation shall be disclosed by that person to any other person otherwise than in accordance with the provisions of this regulation, or any other statutory provision which authorises or requires the disclosure, if that information is information—

(a)which relates to a trade secret of any person or which otherwise is or might be commercially confidential in relation to any person; or

(b)whose disclosure otherwise than under this regulation would, in the opinion of the Secretary of State, be contrary to the interests of national security.

(4)Any authorisation by or under this regulation of the disclosure of information by or to any person shall also be taken to authorise the disclosure of that information by or to any officer of the Secretary of State, who is authorised by that person to make the disclosure or to receive the information.

(5)Information is for the purposes of this regulation commercially confidential in relation to any person if its disclosure would prejudice to an unreasonable degree the commercial interests of that person.

44Revocations#

Schedule 17 shall have effect.

Schedule 1 · Activities, installations and mobile plant

Part 1 · Activities

Chapter 1 · Energy industries

Section 1.1 · Combustion activities

Section 1.2 · Gasification, liquefaction and refining activities

Chapter 2 · Production and processing of metals

Section 2.1 · Ferrous metals

Section 2.2 · Non-ferrous metals

Section 2.3 · Surface treating metals and plastic materials

Chapter 3 · Mineral industries

Section 3.1 · Production of cement and lime

Section 3.2 · Activities involving asbestos

Section 3.3 · Manufacturing glass and glass fibre

Section 3.4 · Production of other mineral fibres

Section 3.5 · Other mineral activities

Section 3.6 · Ceramic production

Chapter 4 · The chemical industry

Section 4.1 · Organic chemicals

Section 4.2 · Inorganic chemicals

Section 4.3 · Chemical fertiliser production

Section 4.4 · Plant protection products and biocides

Section 4.5 · Pharmaceutical production

Section 4.6 · Explosives production

Section 4.7 · Manufacturing activities involving ammonia

Section 4.8 · The storage of chemicals in bulk

Chapter 5 · Waste management

Section 5.1 · Incineration and co-incineration of waste

Section 5.2 · Disposal of waste by landfill

Section 5.3 · Disposal or recovery of hazardous waste other than by incineration or landfill

Section 5.4 · Disposal or recovery of non-hazardous waste

Section 5.5 · Temporary and underground storage of waste

Chapter 6 · Other activities

Section 6.1 · Paper, pulp and board manufacturing activities

Section 6.10 · Carbon capture and storage

Section 6.11 · Waste water treatment

Section 6.2 · Carbon activities

Section 6.3 · Tar and bitumen activities

Section 6.4 · Coating activities, printing and textile treatments

Section 6.5 · The manufacture of dyestuffs, printing ink and coating materials

Section 6.6 · Timber activities

Section 6.7 · Activities involving rubber

Section 6.8 · The treatment of animal and vegetable matter and food industries

Section 6.9 · Intensive farming

Chapter 7 · Solvent emissions

Section 7 · Sed activities

Part 2 · Interpretation of part 1

(1)The following rules apply 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 or Part C activity if it cannot result in the release into the air of a substance listed in paragraph 9 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 pollution or its capacity to cause pollution is insignificant.

(2)Sub-paragraph (1) shall not apply to—

(a)a SED activity; or

(b)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 sections 1.1 to 7 of Part 1 if it is—

(a)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 as defined by Article 2(1) of the Education and Libraries (Northern Ireland) Order 1986;

(b)carried out at an installation or mobile plant solely used for research, development and testing of new products and processes;

(c)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;

(d)the running of an engine in order to test it before it is installed or in the course of its development; or

(e)carried out as a domestic activity in connection with a private dwelling.

(4)An activity listed in section 7 of Part 1 shall include the cleaning of equipment but, except for a surface cleaning activity, not the cleaning of products.

(5)References in Part 1 to related activities are references to separate activities being carried out by the same person on the same site.

(6)

(1)This paragraph applies for the purpose of determining whether an activity carried out in a stationary technical unit falls within a description in Part A which refers to capacity, other than design holding capacity.

(2)Where a person carries out several activities falling within the same description in Part A in different parts of the same stationary technical unit or in different stationary technical units on the same site, the capacities of each part or unit shall be added together and the total capacity shall be attributed to each part or unit for the purpose of determining whether the activity carried out in each part or unit falls within a description in Part A.

(3)For the purpose of sub-paragraph (2), no account shall be taken of capacity when determining whether activities fall within the same description.

(4)Where an activity falls within a description in Part A by virtue of this paragraph it shall not be taken to be an activity falling within a description in Part B or Part C (other than a description in section 7).

(7)

(1)Where an activity falls within a description in Part A and a description in Part B that activity shall be regarded as falling only within the description in Part A.

(2)Where an activity falls within a description in Part A and a description in Part C (other than a description in section 7) that activity shall be regarded as falling only within the description in Part A.

(3)Where an activity falls within a description in Part B and a description in Part C (other than a description in section 7) that activity shall be regarded as falling only within that description which fits it most aptly.

(8)In Part 1—• “background quantity” means, in relation to the release of a substance resulting from an activity, such quantity of that substance as is present in—(a) water supplied to the site where the activity is carried out;(b) water abstracted for use in the activity; and(c) precipitation onto the site on which the activity is carried out;• “Part A activity” means an activity falling within Part A of any section in Part 1;• “Part B activity” means an activity falling within Part B of any section in Part 1;• “Part C activity” means an activity falling within Part C of any section in Part 1.

(9)References to, or to the release into the air of, a substance listed in this paragraph are to any of the following substances—

(a)oxides of sulphur and other sulphur compounds;

(b)oxides of nitrogen and other nitrogen compounds;

(c)oxides of carbon;

(d)organic compounds and partial oxidation products;

(e)metals, metalloids and their compounds;

(f)asbestos (suspended particulate matter and fibres), glass fibres and mineral fibres;

(g)halogens and their compounds;

(h)phosphorus and its compounds;

(i)particulate matter.

(10)References to, or to the release into water of, a substance listed in this paragraph or to its release in a quantity which, in any period of 12 months, is greater than the background quantity by an amount specified in this paragraph are to the following substances and amounts—

Substance	Amount greater than the background quantity (in grammes) in any period of 12 months
Where both Atrazine and Simazine are released, the figure for both substances in aggregate is 350 grammes.
Mercury and its compounds	200 (expressed as metal)
Cadmium and its compounds	1,000 (expressed as metal)
All isomers of hexachlorocyclohexane	20
All isomers of DDT	5
Pentachlorophenol and its compounds	350 (expressed as PCP)
Hexachlorobenzene	5
Hexachlorobutadiene	20
Aldrin	2
Dieldrin	2
Endrin	1
Polychlorinated Biphenyls	1
Dichlorvos	0.2
1,2 – Dichloroethane	2,000
All isomers of trichlorobenzene	75
Atrazine	350
Simazine	350
Tributyltin compounds	4 (expressed as TBT)
Triphenyltin compounds	4 (expressed as TPT)
Trifluralin	20
Fenitrothion	2
Azinphos-methyl	2
Malathion	2
Endosulfan	0.5

(11)

(1)References to a substance listed in this paragraph are to any of the following substances—

(a)alkali metals and their oxides and alkaline earth metals and their oxides;

(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 sub-paragraph (1), “pesticide” means any chemical substance or mixture 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.

Part 3 · Interpretation of “part a installation” etc.

(12)For the purpose of these Regulations—• “Part A installation” means an installation where a Part A activity is carried out (including such an installation where a Part B or Part C activity is also carried out);• “Part B installation” means an installation where a Part B activity is carried out, not being a Part A installation (including such an installation where a Part C activity is also carried out);• “Part C installation” means an installation where a Part C activity is carried out, not being a Part A installation or Part B installation.

(13)For the purpose of these Regulations—• “Part A mobile plant” means mobile plant used to carry out a Part A activity (including such plant which is also used to carry out a Part B or Part C activity);• “Part B mobile plant” means mobile plant used to carry out a Part B activity, not being Part A mobile plant;• “Part C mobile plant” means mobile plant used to carry out a Part C activity, not being Part A mobile plant or Part B mobile plant.

(14)A Part B installation where an activity falling within paragraph (a) of Part B of section 2.2, or a Part C installation, where an activity falling within paragraph (c) of Part C of section 2.2 is carried out, does not include any location where the associated storage or handling of scrap which is to be heated as part of that activity is carried out, other than a location where scrap is loaded into a furnace.

(15)A Part B installation where an activity falling within paragraph (a) of Part B of section 5.1 or a Part C installation, where an activity falling within paragraph (a) or (b) of Part C of section 5.1 is carried out, does not include any location where the associated storage or handling of wastes and residues which are to be incinerated as part of that activity is carried out, other than a location where 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, is carried out.

(16)

(1)A Part B or Part C installation where an activity falling within Part B or Part C of section 6.4 is carried out, does not include any location where the associated cleaning of used storage drums prior to painting or their incidental handling in connection with such cleaning is carried out.

(2)Sub-paragraph (1) shall not apply where the location referred to in that sub-paragraph forms part of a SED installation.

(17)Where an installation is a Part A installation, a Part B installation or a Part C 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.

(18)Where an installation is authorised by a permit granted under these Regulations to carry out Part A activities, Part B activities or Part C activities which are described in Part 1 by reference to a threshold (whether in terms of capacity or otherwise), the installation shall not cease to be a Part A installation, a Part B installation or a Part C installation by virtue of the installation being operated below the relevant threshold, unless the permit ceases to have effect in accordance with these Regulations.

(19)In this Part, “Part A activity”, “Part B activity” and “Part C activity” have the meaning given by paragraph 8 in Part 2.

Schedule 2 · Best available techniques

(1)Subject to paragraph 2, in determining BAT, 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—

(a)the use of low-waste technology;

(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 public international organisations.

(2)Sub-paragraphs (a) to (c) and (j) to (l) of paragraph 1 do not apply for the purposes of determining BAT in relation to Part B or Part C installations or Part B or Part C mobile plant.

Schedule 3 · Prescribed date and transitional arrangements

Part 1 · Part a installations and mobile plant

(1)Save as set out in paragraph 2(b), for a Part A installation or Part A mobile plant which comes into operation after 6^th January 2013, the prescribed date is 7^th January 2013.

(2)For a Part A installation or Part A mobile plant—

(a)which has a permit under the Pollution Prevention and Control Regulations (Northern Ireland) 2003 valid until 6^th January 2014; or

(b)for which a duly made permit application was submitted before 7^th January 2013 and which will come into operation before 7^th January 2014,

the prescribed date is 7^th January 2014.

(3)For a Part A installation or Part A mobile plant where the activity carried out in the installation or mobile plant is not listed in Schedule 1 to the Pollution Prevention and Control Regulations (Northern Ireland) 2003 and which came into operation before 7^th January 2013 and until 6^thJuly 2015 had a relevant authorisation, the prescribed date is 7^th July 2015.

(4)For any Part A installation or Part A mobile plant, other than those specified in paragraphs 1 to 3 of this Part, the prescribed date is 7^th January 2013.

Part 2 · Part b and part C installations and mobile plant

(5)

(1)Save as set out in sub-paragraphs (2) and (3), the prescribed date for a Part B or Part C installation or a Part B or Part C mobile plant is 7th January 2013.

(2)In the case of an installation or mobile plant, which will carry out only an activity falling within head (b) of Part C of section 1.1 of Schedule 1 and which comes into operation in the period from the operational date, the prescribed date is the operational date.

(2)In the case of an installation or mobile plant, carrying out only an activity falling within head (c) of Part C of section 1.1 of Schedule 1, for—

(a)a new medium combustion plant, the prescribed date is 20^th December 2018;

(b)an existing medium combustion plant with a rated thermal input greater than 5 megawatts, the prescribed date is 1^st January 2024; and

(c)an existing medium combustion plant with a rated thermal input of less than or equal to 5 megawatts, the prescribed date is 1^st January 2029.

(3)In the case of an installation or mobile plant, carrying out only an activity falling within head (b) of Part C of section 1.1 of Schedule 1 and which came into operation in the period ending on the operational date, the prescribed date shall be the date on which the plant is first operated, after a substantial refurbishment first takes place in the period from the operational date.

Part 3 · Transitional arrangements

(6)

(1)The enforcing authority may accept a permit issued under the Pollution Prevention and Control Regulations (Northern Ireland) 2003 as a permit for the purposes of these Regulations after the prescribed date.

(2)A permit issued under the Pollution Prevention and Control Regulations (Northern Ireland) 2003, which is accepted as a permit for the purposes of these Regulations, and which authorises an activity listed in Schedule 1 of these Regulations shall be deemed to contain the appropriate activity description from Schedule 1 of these Regulations.

(3)A Part A permit, or a permit for an activity listed in section 7 of Schedule 1, which is accepted as a permit for the purposes of these Regulations, is deemed to contain the following conditions, unless such conditions are included in the permit—

(a)in the event that the operation of an installation or mobile plant gives rise to an incident or accident which significantly affects the environment, the operator must immediately—

(i)inform the regulator;

(ii)take the measures necessary to limit the environmental consequences of such an incident or accident; and

(iii)take the measures necessary to prevent further possible incidents or accidents;

(b)in the event of a breach of any permit condition the operator of an installation or mobile plant must immediately—

(i)inform the regulator; and

(ii)take the measures necessary to ensure that compliance is restored within the shortest possible time;

(c)in the event of a breach of any permit condition which poses an immediate danger to human health or threatens to cause an immediate significant adverse effect on the environment, the operator of a regulated facility must immediately suspend the operation of the installation or mobile plant or the relevant part of it until compliance with the permit conditions has been restored.

(7)The enforcing authority must ensure that the permit is fully compliant with these Regulations after the prescribed date.

Part 4 · Application of the pollution prevention and control regulations (northern ireland) 2003

(8)The Pollution Prevention and Control Regulations (Northern Ireland) 2003 shall not apply to any installation or mobile plant permitted under these Regulations.

Schedule 4 · Grant of permits

Part 1 · Applications for permits

(1)

(1)An application to an enforcing authority for a permit under regulation 10 shall be in writing and, subject to paragraphs 1A to 5, shall contain the following information—

(a)the name, telephone number and address (including post code) of the applicant and, if different, any address to which correspondence relating to the application should be sent and, if the applicant is a body corporate, its registered number, the address of its registered or principal office and, if that body corporate is a subsidiary of a holding company, within the meaning of the Companies Act 2006, the name of the ultimate holding company and the address of its registered or principal office;

(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 Irish 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 district council in whose district the site is situated;

(c)in the case of an application for a permit to operate a Part B or Part C mobile plant, the name of the district council in whose district the applicant has their principal place of business and the address of that place of business or, where the operator of the mobile plant has their principal place of business outside of Northern Ireland, the name of the district council in whose district the plant was first operated or, where the plant has not been operated in Northern Ireland, the district council in whose district it is intended by the operator that the plant will first be operated;

(d)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;

(e)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;

(f)for a Part B or Part C installation or a Part B or Part C mobile plant, the reference to emissions from the installation or mobile plant into each environmental medium in head (e) shall be read as a reference to emissions from the installation or mobile plant into the air;

(g)the proposed technology and other techniques for preventing or, where that is not practicable, reducing emissions from the installation or mobile plant;

(h)the proposed measures to be taken to monitor the emissions;

(i)a description of any proposed additional measures to be taken to comply with the general principles set out in regulation 11;

(j)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; and

(k)any additional information which the applicant wishes the enforcing authority to take into account in considering the application.

(2)An application to the chief inspector to operate a Part A installation or Part A mobile plant shall additionally require the following information—

(a)subject to sub-paragraph (4), a site report containing the information required by sub-paragraph (3);

(b)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 sub-paragraph (1)(d);

(c)a description of the measures to be taken for the prevention, preparation for re-use, recycling and recovery of waste generated by the operation of the installation or mobile plant;

(d)any relevant information obtained or conclusion arrived at in relation to the installation pursuant to Articles 5, 6, 7 and 9 of Directive 2011/92/EU of the European Parliament and of the Council of 13 December 2011 on the assessment of the effects of certain public and private projects on the environment (codification);

(e)in the case of an application for a permit that will authorise the carrying out of a specified waste management activity, any information which the applicant wishes the chief inspector to take into account when considering whether the applicant is a fit and proper person to carry out that activity;

(f)an outline of the main alternatives to the proposed technology, techniques or measures, if any, studied by the applicant; and

(g)a non-technical summary of the information referred to in sub-paragraphs (1) and (2).

(3)The site report required by sub-paragraph (2)(a) shall describe the condition of the site of the Part A 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.

(4)Where a Part A activity involves the use, production or release of relevant hazardous substances and having regard to the possibility of soil and groundwater contamination at the site of the installation or mobile plant, the operator shall also prepare and submit to the chief inspector a baseline report before starting operation of an installation. The information within the baseline report—

(a)shall contain the information necessary to determine the state of soil and groundwater contamination so as to make a quantified comparison with the state upon definitive cessation of activities, and shall contain at least the following information—

(i)information on the present use and, where available, on past uses of the site; and

(ii)where available, existing information on soil and groundwater measurements that reflect the state at the time the report is drawn up or, alternatively, new soil and groundwater measurements having regard to the possibility of soil and groundwater contamination by those hazardous substances to be used, produced or released by the installation concerned; and

(b)may include, or have attached to it, information produced pursuant to other national ^note... law which fulfils the requirements of head (a).

(5)The requirements in sub-paragraphs (2)(a) and (4) shall not apply to any part of an application which relates to an activity falling within paragraphs (b), (d), (g) or (h) of Part A of section 5.1 of Schedule 1.

(1A)Paragraph 1(1) applies in relation to an application for a permit to operate an installation or mobile plant carrying out only an activity falling within head (b) of Part C of section 1.1 of Part 1 of Schedule 1, as if the following head was substituted for heads (e) to (j) of that paragraph—

(e)a cost-benefit analysis;

(2)An application for a permit to operate a waste incineration installation shall in addition to the information specified in paragraph 1, contain a description of the measures which the operator proposes to undertake in order to ensure that—

(a)the plant is designed, equipped and will be operated in such a manner that the requirements of Chapter IV of the IED are met, taking into account the categories of waste to be incinerated;

(b)the heat generated during the incineration and co-incineration process is recovered as far as practicable, for example through combined heat and power, the generating of process steam or district heating;

(c)the residues will be minimised in their amount and harmfulness and recycled where appropriate;

(d)the disposal of the residues which cannot be prevented, reduced or recycled will be carried out in conformity with national and European Union law; and

(e)the proposed measurement techniques for emissions into the air and water comply with Annex VI of the IED.

(3)An application for a landfill permit, where an activity falling within Part A of section 5.2 in Part 1 of Schedule 1 is carried out, shall contain the following additional information—

(a)a description of the types and total quantity of waste to be deposited;

(b)the proposed capacity of the disposal site;

(c)a description of the site, including its hydrogeological and geological characteristics;

(d)the proposed operation, monitoring and control plan;

(e)the proposed plan for the closure and after-care procedures; and

(f)the financial provision required by virtue of regulation 4(3)(b).

(4)

(1)An application for a permit to operate an installation which contains a SED installation shall, in addition to the information specified in paragraphs 1 and where applicable 2, include a description of the measures which are envisaged to guarantee in respect of that installation that the installation is designed, equipped and will be operated in such a manner that the requirements of Chapter V of the IED are met.

(2)That description shall include—

(a)where the operator wishes to use a reduction scheme, details of the proposed reduction scheme; and

(b)where there is used in the SED installation substances or mixtures which, because of their content of volatile organic compounds are classified as carcinogens, mutagens or toxic to reproduction under Regulation No 1272/2008 of the European Parliament and of the Council of 16 December 2008 on classification, labelling and packaging of substances and mixtures as last amended by Commission Regulation 2017/776/EU are assigned or need to carry the hazard statements H340, H350, H350i, H360D or H360F or the risk phrases R45, R46, R49, R60 or R61, a timetable for replacing such substances or mixtures, as far as possible, by less harmful substances or mixtures within the shortest possible time, taking into account the guidance referred to in Article 64 of the IED.

(5)Paragraph 1(1) applies in relation to an application for a permit to operate an installation involving dry cleaning as defined in section 7 of Part 1 of Schedule 1 (SED activities), as if, in so far as the installation is concerned with the carrying out of that activity, the following heads were substituted for heads (d) to (g)—

(d)the model name and number, description, serial number, if any, and date when the dry cleaning machine was installed, name of manufacturer and its rated capacity;

(e)details of any spot cleaning to be undertaken and details of checking and maintenance procedures to be followed and supervision, training and qualifications of operating staff;

(f)details of the solvents to be used, including a description of any risk phrase solvents;

(g)details of the arrangements for storing solvents prior to use, and used solvents and solvent-contaminated materials, including a description of the location where the materials are stored;

(6)The enforcing authority may, by notice in writing, require the applicant to furnish such further information as may be specified in the notice, within the period so specified, as the enforcing authority may require for the purpose of determining the application and, if the applicant fails to furnish the specified information within the period specified, the application shall, if the enforcing authority gives notice in writing to the applicant that it treats the failure as such, be deemed to have been withdrawn at the end of that period.

(7)Subject to paragraph 30, the applicant shall, within the period of 28 days beginning 14 days after the date on which the application is duly made, advertise the application—

(a)in the case of an application for a permit to operate an installation or Part A mobile plant, in at least one newspaper circulating in the locality in which the installation or Part A mobile plant covered by the application will be operated; and

(b)in the case of an application for a permit to operate a Part A installation or Part A mobile plant, in the Belfast Gazette.

(8)Any advertisement required by paragraph 7 shall—

(a)state the name of the applicant;

(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, and in the case of an application for a permit to operate a Part A installation, or Part A mobile plant how and at what times, 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 written representations to the enforcing authority within the period of 42 days beginning with the date of the advertisement and give the enforcing authority’s address for receiving the representations; and

(g)explain that any such representations made by any person will be entered in a public register unless that person requests in writing 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.

(9)In the case of an application for a permit to operate a Part A installation or Part A mobile plant, the advertisement required by paragraph 7 shall, in addition to any information required by paragraph 8—

(a)explain that the register, specified in paragraph 8(e), contains the particulars of the application, including the information listed in paragraphs 1 to 4; and

(b)where applicable, state that the determination of the application is subject to a national or transboundary environmental impact assessment or to consultations ^note... in accordance with paragraph 22.

(10)Where an application is for a permit to operate more than one installation or mobile plant, the application and the advertisement required by paragraph 7 shall contain the information in relation to each installation or mobile plant.

(11)Paragraph 7 shall not apply in relation to an application for a permit to operate an installation involving only—

(1)the carrying out of an activity falling within heads (b), (c), (d) or (e) of Part C of section 1.2 of Part 1 of Schedule 1;

(2)dry cleaning, as defined in section 7 (SED activities) of Part 1 of Schedule 1; or

(3)the carrying out of an activity falling within head (b) of Part C of section 1.1 of Part 1 of Schedule 1.

Part 2 · Determination of applications

(12)

(1)Subject to paragraphs 13 and 30 , the enforcing authority shall, within the period of 14 days from the date of receiving a duly made application for a permit, give notice of the application, enclosing a copy of it, to the following persons—

(a)in the case of an application for a permit to operate an installation or Part A mobile plant, the Regional Agency for Public Health and Social Well-being in whose area the installation or mobile plant will be operated;

(b)in the case of an application for a permit to operate a Part A installation or Part A mobile plant—

(i)the Food Standards Agency;

(ii)where the operation of the installation or mobile plant may involve the release of any substance into a sewer vested in the Department for Regional Development, that Department;

(iii)where the operation of the installation or mobile plant may involve an emission which may affect an area of special scientific interest or a European site, the Department of the Environment;

(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, that harbour authority;

(v)where the operation of the installation or mobile plant may involve the release of any substance directly into sea fisheries waters, the Department of Agriculture and Rural Development;

(vi)where the operation of the installation or mobile plant may involve the release of any substance directly into inland fisheries waters, the Department of Culture, Arts and Leisure;

(vii)where the operation of the installation or mobile plant may involve the release of any substance directly into waters under the control of the Loughs Agency or Waterways Ireland, the Loughs Agency or Waterways Ireland;

(viii)where the application will be determined by the chief inspector, the district council in whose district the installation or mobile plant will be operated; and

(ix)where the operation of the installation or mobile plant will involve the carrying out of a specified waste management activity, the Department of the Environment (Planning Service);

(c)in the case of an application for a permit to operate a Part B or Part C installation where the operation of the installation may involve an emission which may affect an area of special scientific interest or a European site, the Department of the Environment;

(d)in the case of an application for a permit to operate an installation or a Part A mobile plant on a site in respect of which a major accident prevention policy document is required under regulation 7 of Control of Major Accident Hazards Regulations (Northern Ireland) 2015 or a safety report is required under Part 3 of those Regulations , the Health and Safety Executive for Northern Ireland;

(e)in the case of an application for a permit to operate a Part C installation involving only the carrying out of an activity falling within heads (b), (c), (d) or (e) of Part C of section 1.2 of Part 1 of Schedule 1, the petroleum licensing authority for that installation; and

(f)in the case of all applications, such other persons as the Department may direct.

(2)In sub-paragraph (1)—• “European site” has the same meaning as in regulation 9(1) of the Conservation (Natural Habitats, etc.) Regulations (Northern Ireland) 1995;• “harbour authority” has the same meaning as in section 38(1) of the Harbours Act (Northern Ireland) 1970;• “Health and Safety Executive for Northern Ireland” means the Health and Safety Executive established under Article 12 of the Health and Safety at Work (Northern Ireland) Order 1978;• “Regional Agency for Public Health and Social Well-being” means the Regional Agency for Public Health and Social Well-being established under Article 12 of the Health and Social Care (Reform) Act (Northern Ireland) 2009;• “The Loughs Agency” means an agency of the Foyle, Carlingford and Irish Lights Commission, the implementation body for aquaculture and marine matters established under Article 1 of the Agreement between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of Ireland establishing implementation bodies;• “petroleum licensing authority” means a district council empowered to grant petroleum spirit licences under the Petroleum (Consolidation) Act (Northern Ireland) 1929;• “Waterways Ireland” means the implementation body for inland waterways established under Article 1 of the Agreement between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of Ireland establishing implementation bodies.

(13)Paragraph 12 does not apply in relation to an application for—

(1)a permit to operate an installation involving only dry cleaning as defined in section 7 (SED activities) of Part 1 of Schedule 1; or

(2)a permit to operate an installation or mobile plant carrying out only an activity falling within head (b) of Part C of section 1.1 of Part 1 of Schedule 1.

(14)

(1)If the enforcing authority proposes to grant a permit subject to an off-site condition, it shall, before granting the permit, give a notice which complies with sub-paragraph (2) to every person appearing to it to be a person falling within sub-paragraph (3).

(2)A notice served under sub-paragraph (1) shall—

(a)be in writing;

(b)set out the off-site condition in question;

(c)indicate the nature of the works or things which that condition might require the holder of the permit to carry out or do; and

(d)specify the period allowed for the purpose of paragraph 15 for making representations to the enforcing authority 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—

(a)that person is the owner, lessee or occupier of land; and

(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 13(7) to the holder of the permit.

(4)In sub-paragraph (3), “owner” means the person who—

(a)is for the time being receiving the rack-rent of the land, whether on that persons own account or as agent or trustee for another person; or

(b)would receive the rack-rent if the land were let at a rack-rent,

but does not include a mortgagee not in possession.

(15)

(1)Any representations made by any persons within the period allowed shall be considered by the enforcing authority in determining the application.

(2)For the purpose of sub-paragraph (1), the period allowed for making representations is—

(a)in the case of any person to whom notice is given pursuant to—

(i)paragraph 12, the period of 42 days beginning with the date on which notice is given; and

(ii)paragraph 14, the period specified in the notice;

(b)in the case of any other person—

(i)for applications, the period of 42 days; and

(ii)for draft determinations, the period of 20 working days,

beginning with the date on which the application or draft determination is advertised pursuant to paragraph 7 or 19.

(16)In the case of an application for a permit to operate a Part A installation or Part A mobile plant, any relevant information obtained or conclusion arrived at, pursuant to Articles 5, 6, 7 and 9 of Directive 2011/92/EU on the assessment of the effects of certain public and private projects on the environment as last amended by Directive 2014/52/EU , in relation to the installation shall be taken into consideration by the chief inspector in determining the application.

(17)

(1)The Department may give directions to the enforcing authority requiring that any particular application or any class of applications for a permit shall be referred to it for determination pending a further direction under sub-paragraph (13).

(2)The enforcing authority shall inform the applicant of the fact that the application is being referred to the Department and forward to the Department any representations which have been made to the enforcing authority within the period allowed.

(3)Where an application for a permit is referred to it under sub-paragraph (1), the Department may afford the applicant and the enforcing authority an opportunity of appearing before and being heard by a person appointed by the Department (the “appointed person”) and it shall do so in any case where a request is duly made by the applicant or the enforcing authority to be so heard.

(4)A request under sub-paragraph (3) shall be in writing and shall be made within the period of 21 days beginning with the day on which the applicant is informed that the application is being referred to the Department.

(5)A hearing held under sub-paragraph (3) may, if the appointed person so decides, be held, wholly or to any extent, in private.

(6)Where the Department causes a hearing to be held under sub-paragraph (3) it shall give the applicant and the enforcing authority at least 28 days notice (or such shorter period of notice as they may agree) of the date, time and place fixed for the holding of the hearing.

(7)In the case of a hearing under sub-paragraph (3) which is to be held wholly or partly in public, the Department shall, at least 21 days before the date fixed for the holding of the hearing—

(a)where the application relates to the operation of an installation or Part A mobile plant, publish a copy of the notice specified in sub-paragraph (6) in at least two newspapers circulating in the locality in which the installation or mobile plant is operated; and

(b)serve a copy of that notice on every person required to be notified under paragraph 12 and on any person who made representations to the enforcing authority with respect to the subject matter of the application.

(8)The Department may vary the date fixed for the holding of any hearing under sub-paragraph (3) and sub-paragraphs (6) and (7) shall apply to the variation of a date as they applied to the date originally fixed.

(9)The Department may also vary the time or place for the holding of a hearing under sub-paragraph (3) and shall give such notice of any variation as appears to it to be reasonable.

(10)The persons entitled to be heard at a hearing under sub-paragraph (3) are—

(a)the applicant;

(b)the enforcing authority; and

(c)any person required under paragraph 12 to be notified of the application.

(11)Nothing in sub-paragraph (10) shall prevent the appointed person from permitting any other persons to be heard at the hearing and such permission shall not be unreasonably withheld.

(12)After the conclusion of a hearing, the appointed person shall make a report in writing to the Department which shall include the appointed person’s conclusions and recommendations or his reasons for not making any recommendations.

(13)The Department shall, on determining any application transferred to it under this paragraph, give to the enforcing authority such a direction as it thinks fit as to whether it is to grant the application and, if so, as to the conditions that are to be attached to the permit.

(18)

(1)Except in a case where an application has been referred to the Department under paragraph 17 and subject to paragraph 23, the enforcing authority shall give notice of—

(a)for Part A installations and for Part A mobile plant, its draft determination of an application for a permit, within the period of six months beginning with the day on which it received the duly made application;

(b)for Part B and Part C installations and Part B and Part C mobile plant, its determination of an application for a permit, within the period of six months beginning with the day on which it received the duly made application; and

(c)in any case, within such longer period as may be agreed with the applicant.

(2)For the purpose of calculating the periods mentioned in sub-paragraph (1) no account shall be taken of—

(a)any period beginning with the date on which notice is served on the applicant under paragraph 6 and ending on the date on which the applicant furnishes the information specified in the notice;

(b)any period allowed for making representations in relation to a notice given pursuant to paragraph 14 in so far as that period does not overlap with any other period allowed for making representations in accordance with paragraph 15;

(c)where a matter falls to be determined under regulation 34 or 35, any period beginning with the date on which the period of 28 days referred to in paragraph 7 ends and ending on the date on which the application is advertised in accordance with paragraph 30(a);

(d)where separate applications are made to operate different parts of one installation, any period beginning with the date on which notice is served on any of the applicants under paragraph 6 and ending on the date on which the applicant furnishes the information specified in the notice.

(19)

(1)The enforcing authority shall—

(a)within a period of 3 working days beginning with the date on which notice of a draft determination is given pursuant to paragraph 18(1)(a), advertise the notice on its web-site, and if it considers it appropriate, by any other means; and

(b)take all relevant steps specified in the advertisement as falling to be carried out by the enforcing authority, within the time-periods set out in that advertisement.

(2)In the case of a notice of a draft determination in respect of an application which has been forwarded by the Department to a Member State under paragraph 22, the enforcing authority shall forward copies of the draft determination and of the advertisement made pursuant to this paragraph to the Department at the same time as the draft determination is advertised.

(20)

(1)An advertisement required by paragraph 19 shall—

(a)explain where, how and at what times any register which contains—

(i)any additional information which is relevant to the determination of the application which has become available after the application is advertised pursuant to paragraph 7;

(ii)a copy of the draft determination;

(iii)information on any guidance issued by the Department to the enforcing authority relevant to the application; and

(iv)information on the arrangements for public participation and the reasons and considerations on which the draft determination is based,

may be inspected and that it may be inspected free of charge;

(b)explain that any person may make representations in writing to the enforcing authority within the period of 20 working days beginning with the date of the advertisement and give the enforcing authority’s address for receiving representations;

(c)explain that where—

(i)no representations are made to the enforcing authority within the period referred to in head (b) and, where applicable, within the period specified under paragraph 24 for the Department to forward representations to the enforcing authority, the enforcing authority shall—

(aa)give notice of its determination; and

(bb)include in the register a copy of the final determination, together with a statement confirming that no representations have been made on the draft determination,

within the period of 5 working days from the date on which the period referred to in head (b) ends or, where applicable, the day on which the period specified under paragraph 24 for the Department to forward representations to the enforcing authority ends; or

(ii)representations are made within the period referred to in head (b), and where applicable, within the period specified under paragraph 24 for the Department to forward representations to the enforcing authority, the enforcing authority shall—

(aa)give notice of its determination;

(bb)include in the register a copy of the final determination, together with information on the reasons and considerations on which the determination is based, including information on the public participation process; and

(cc)advertise the notice on its web-site, and if it considers appropriate, by any other means,

within the period of 15 working days from the day on which the period referred to in head (b) ends or, where applicable, the day on which the period specified under paragraph 24 for the Department to forward representations to the enforcing authority ends or within such longer period as may be agreed with the applicant.

(2)Where the draft determination has been forwarded to the Department pursuant to paragraph 19 (2)—

(a)the enforcing authority shall forward to the Department a copy of the final determination and the information specified in sub-paragraph (1)(c)(i)(bb) or (1)(c)(ii)(bb), by the date by which it is required to give notice of its determination under sub-paragraph (1)(c)(i) or (1)(c)(ii); and

(b)the Department shall forward to the Member State to which the draft determination has been forwarded under paragraph 22, copies of the documents specified in the previous head, as soon as practicable after the date of receipt.

(21)If the enforcing authority fails to give notice of its determination or draft determination of an application for a permit within the applicable period allowed by or under paragraph 18 or paragraph 20, the application shall, if the applicant notifies the authority in writing that he treats the failure as such, be deemed to have been refused at the end of that period.

(22)Where the Department is aware that the operation of an installation carrying out an activity listed in Annex I to the IED in Northern Ireland is likely to have significant negative effects on the environment of a Member State, or where a Member State likely to be significantly affected so requests, the Department shall forward—

(a)a copy of the application to operate the installation together with a copy of the advertisement made under paragraph 7; and

(b)where applicable, a copy of the draft determination in respect of that application together with a copy of the advertisement made under paragraph 19,

to that Member State at the same time as the application or draft determination is advertised pursuant to paragraph 7 or 19, (or as soon as it becomes so aware or receives such a request, if it becomes so aware or receives such a request after the application or draft determination is advertised but before the application is determined) in order that the application or draft determination may serve as the basis for any consultations necessary in the framework of the bilateral relations between the United Kingdom and that Member State on a reciprocal and equivalent basis, as referred to in Article 26 of the IED.

(23)

(1)Where an application is forwarded to a Member State pursuant to paragraph 22, the Department shall notify the applicant and the chief inspector and, in a case where the application has not been referred to the Department under paragraph 17—

(a)the chief inspector shall not determine the application or provide his draft determination until the Department has notified him in writing that the bilateral consultations mentioned in paragraph 22 have been completed and has forwarded to him any representations duly made on the application by persons in that Member State which have been forwarded to the Department; and

(b)the period within which to give notice of the determination or to provide a draft determination of the application set out in paragraph 18 shall begin on the date on which the chief inspector receives the Department’s notification that the bilateral consultations have been completed.

(2)In determining an application which is forwarded to a Member State pursuant to paragraph 22 the chief inspector, or the Department if the application has been referred to it, shall take into consideration any representations duly made in that Member State which have been forwarded to the Department.

(24)Any representations on the draft determination made in the Member State to which the draft determination has been sent, which have been received by the Department within the period of 22 working days from the date of the Department’s receipt of the draft determination from the enforcing authority, shall be forwarded to the enforcing authority within the period of 3 working days beginning on the day after that period ends.

(25)

(1)For the purposes of Parts 1 and 2 “working day” means a day which is not a Saturday or a Sunday, Christmas Day, Good Friday or a bank holiday in Northern Ireland under the Banking and Financial Dealings Act 1971

(2)in paragraphs 22, 23 and 24, “Member State” shall be taken to include Norway, Iceland and Liechtenstein.

Part 3 · National security and confidential information

(26)The requirements of paragraph 7 shall not apply in so far as they would require the advertisement of information mentioned in paragraph 8 which is not to be included in the register by virtue of regulation 34 or 35.

(27)The requirements of paragraph 12, other than paragraph 12(f), shall not apply in so far as they would require a person mentioned in any of those provisions to be given information which is not included in the register by virtue of regulation 34.

(28)Subject to paragraph 29, the requirements of paragraph 12(1)(b)(ii), (iii) and (iv) and (c), shall not apply in so far as they would require a person mentioned in any of those provisions to be given information which is not included in the register by virtue of regulation 35.

(29)Paragraph 28 shall not apply in relation to information which is not included in the register by virtue of regulation 35 in so far as—

(a)in the case of the Department for Regional Development, the information is about the release of any substance into a sewer vested in the Department for Regional Development;

(b)in the case of the Department of the Environment, the information is about the release of any substance which may affect a site of special scientific interest or a European site; or

(c)in the case of a harbour authority, the information is about the release of any substance into a harbour managed by that person.

(30)Where a matter falls to be determined under regulation 34 or 35—

(a)the period within which an advertisement is to be published under paragraph 7 shall be 28 days beginning 14 days after the day on which the matters to be determined under those regulations are finally disposed of; and

(b)the period for notification under paragraph 12(1) shall be the period of 14 days beginning 14 days after the day on which the matters to be determined under those regulations are finally disposed of.

(31)For the purpose of paragraph 30, the matters to be determined under regulation 34 or 35 are finally disposed of—

(a)in a case where the Secretary of State determines under regulation 34 whether or not information is to be included in the register, on the date on which the Secretary of State so determines;

(b)in a case where the enforcing authority determines under regulation 35(2) or (5) that the information in question is commercially confidential, on the date of the enforcing authority’s determination;

(c)in a case where the enforcing authority determines under regulation 35(2) or (5) that the information in question is not commercially confidential, on the date on which the period for bringing an appeal expires without an appeal being brought or, if such an appeal is brought within that period, on the date of the final determination of the appeal by the Planning Appeals Commission or the date on which the appeal is withdrawn.

Schedule 5 · Pollutants

(1)Sulphur dioxide and other sulphur compounds.

(1)Organohalogen compounds and substances which may form such compounds in the aquatic environment.

(2)Oxides of nitrogen and other nitrogen compounds.

(2)Organophosphorus compounds.

(3)Carbon monoxide.

(3)Organotin compounds.

(4)Volatile organic compounds.

(4)Substances and mixtures which have been proved to possess carcinogenic or mutagenic properties or properties which may affect reproduction in or via the aquatic environment.

(5)Metals and their compounds.

(5)Persistent hydrocarbons and persistent and bioaccumulable organic toxic substances.

(6)Dust including fine particulate matter.

(6)Cyanides.

(7)Asbestos (suspended particulates, fibres).

(7)Metals and their compounds.

(8)Chlorine and its compounds.

(8)Arsenic and its compounds.

(9)Fluorine and its compounds.

(9)Biocides and plant protection products.

(10)Arsenic and its compounds.

(10)Materials in suspension.

(11)Cyanides.

(11)Substances which contribute to eutrophication (in particular, nitrates and phosphates).

(12)Substances and mixtures which have been proved to possess carcinogenic or mutagenic properties or properties which may affect reproduction via the air.

(12)Substances which have an unfavourable influence on the oxygen balance (and can be measured using parameters such as BOD, COD, etc.).

(13)Polychlorinated dibenzodioxins and polychlorinated dibenzofurans.

(13)Substances listed in Annex X to Directive 2000/60/EC.

Schedule 6 · Compensation in relation to off-site conditions

(1)

(1)This Schedule applies in any case where—

(a)an operator is required by an off-site condition in his permit to carry out works or do other things in relation to land not forming part of the site of the installation or mobile plant notwithstanding that he is not entitled to carry out the works or do the things;

(b)a person whose consent is required has, pursuant to the requirements of regulation 13(7), 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 him by the off-site condition.

(2)In this Schedule—• “grantor” means a person mentioned in sub-paragraph (1)(b);• “relevant interest” means an interest in land out of which rights have been granted pursuant to the requirements of regulation 13(7).

(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.

(3)Subject to paragraph 6(3) and (5)(b), compensation shall be payable under this Schedule for loss and damage of the following descriptions—

(a)depreciation in the value of any relevant interest to which the grantor is entitled which results from the grant of the rights;

(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—

(i)is attributable to the grant of the rights or the exercise of them;

(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 Local Government Act (Northern Ireland) 1972 in pursuance of a notice of intention to vest 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; and

(e)loss in respect of work carried out by or on behalf of the grantor which is rendered abortive by 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.

(2)Where, after a grant of rights pursuant to regulation 13(7), the conditions of the permit which rendered the grant of rights necessary are upheld on the final determination of an appeal against those conditions, the entitlement to compensation arises on the date of the final determination of the appeal.

(5)

(1)An application for compensation under this Schedule shall be made by the grantor—

(a)within 12 months from the date on which the entitlement to compensation arises in his case, or, as he may decide;

(b)within six months from the date on which the rights are first exercised.

(2)An application shall be made in writing 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.

(3)The application shall contain, or be accompanied by—

(a)a copy of the grant of rights in respect of which the grantor’s entitlement arises, and of any plans attached to that grant;

(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 heads (a) to (e) of paragraph 3, and showing how the amount applied for under each head 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.

(2)The rules set out in Article 6 of the Land Compensation (Northern Ireland) Order 1982 (rules for assessing compensation) shall, so far as applicable and subject to any necessary modifications, have effect for the purposes of this paragraph as they have effect for the purpose of assessing compensation for the compulsory acquisition of an interest in land.

(3)No account shall be taken of any enhancement of the value of any interest in land, by reason of any building erected, work done or improvement or alteration made on any land in which the grantor is, or was at the time of erection, doing or making, directly or indirectly concerned, if the Lands Tribunal is satisfied that the erection of the building, the doing of the work, the making of the improvement or the alteration was not reasonably necessary and was undertaken with a view to obtaining compensation or increased compensation.

(4)In calculating the amount of any loss under paragraph 3(e) expenditure incurred in the preparation of plans or on other similar preparatory matters, shall be taken into account.

(5)Where the interest in respect of which compensation is to be assessed is subject to a mortgage—

(a)the compensation shall be assessed as if the interest were not subject to the mortgage; and

(b)no compensation shall be payable in respect of the interest of the mortgagee (as distinct from the interest which is subject to the mortgage).

(6)Compensation under this Schedule shall include an amount equal to the grantor’s reasonable valuation and legal expenses.

(7)

(1)Compensation payable under this Schedule in respect of an interest which is subject to a mortgage shall be paid to the mortgagee or, if there is more than one mortgagee, to the first mortgagee and shall, in either case, be applied by him as if it were proceeds of sale.

(2)Amounts of compensation determined under this Schedule shall be payable—

(a)where the operator and the grantor or mortgagee agree that a single payment is to be made on a specified date, on that date;

(b)where the operator and the grantor or mortgagee 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 or the court, as soon as reasonably practicable after the amount of the compensation has been finally determined.

(3)Any question of the application of paragraph 6(3) or of disputed compensation shall be referred to and determined by the Lands Tribunal.

(4)In relation to the determination of any such question, Articles 4 and 5 of the Land Compensation (Northern Ireland) Order 1982 (procedure on reference to the Lands Tribunal and costs) shall apply as if—

(a)the reference in Article 4(1) of that Order to Article 3 of that Order were a reference to sub-paragraph (3) of this paragraph; and

(b)references in Article 5 of that Order to the acquiring authority were references to the operator.

(8)

(1)Compensation payable under this Schedule shall carry interest at the rate determined for the time being under paragraph 18 of Schedule 6 to the Local Government Act (Northern Ireland) 1972 from the date specified in sub-paragraph (2) until payment.

(2)The date specified in this sub-paragraph is—

(a)in the case of compensation payable by virtue of paragraph 3(a) or (b), the date of depreciation;

(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; and

(c)in the case of compensation payable by virtue of paragraph 6(6), the date on which the expenses become payable.

(3)If it appears to any person that he may become liable to pay to another compensation under this Schedule or interest under this paragraph he may, if the other person requests him in writing to do so, make one or more payments on account of such compensation or interest.

(4)If, after a payment has been made by any person under sub-paragraph (3)—

(a)it is agreed or determined that he is not liable to pay compensation or interest; or

(b)by reason of any agreement or determination, any payment under that sub-paragraph is shown to be excessive,

the payment or excess shall be recoverable by that person.

Schedule 7 · Variation of conditions

Part 1 · Applications for variation of conditions

(1)An application under regulation 19(2) for the variation of the conditions of a permit shall be in writing and shall contain the following information—

(a)the name of the operator, his telephone number and address (including post code) and, if different, the address to which correspondence relating to the application should be sent;

(b)in the case of a permit to operate a Part A 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)(e) to (i) of Schedule 4, and, for Part A installations and Part A mobile plant, paragraph 1(2)(b) and (c) of that Schedule, 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, 7 and 9 of Directive 2011/92/EU on the assessment of the effects of certain public and private projects on the environment;

(e)a description of the variations to the conditions of the permit which the operator wishes the enforcing authority to make;

(f)any additional information which the operator wishes the enforcing authority to take into account in considering his application; and

(g)in the case of an application for the variation of the conditions of a permit in respect of a waste incineration installation, the information specified in paragraph 2 of Schedule 4, or where such information has previously been included in an application made under these Regulations, a statement of any changes as respects the matters dealt with in paragraph 2 of that Schedule which would result if the proposed change in the operation of the installation or mobile plant requiring the variation were made.

(2)If a proposed change in the operation of a Part A installation or Part A mobile plant, which is used to carry out an activity listed in Annex I of the IED, 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.

(3)An application under regulation 19(2) for the variation of the conditions of a permit for a Part A installation or Part A mobile plant which—

(a)uses, produces or emits hazardous substances;

(b)has not previously submitted a baseline report; and

(c)is used to carry out activities listed in Annex I of the IED,

shall also contain a baseline report.

(4)The enforcing authority may, by notice in writing to the operator, require him to furnish such further information specified in the notice, within the period so specified, as the enforcing authority may require for the purpose of determining the application and if the operator fails to furnish the specified information within the period specified the application shall, if the enforcing authority gives notice in writing to the operator that it treats the failure as such, be deemed to have been withdrawn at the end of that period.

(5)

(1)Subject to sub-paragraph (2), this paragraph shall apply where an application is made for the variation of the conditions of a permit under regulation 19(2) which will authorise—

(a)a substantial change in the operation of an installation or mobile plant;

(b)a variation of the conditions of a permit where regulation 13(3) applies; or

(c)a variation of the conditions of a permit in any other case where the enforcing authority determines that the procedure set out in sub-paragraph (3) should apply even though heads (a) and (b) do not apply.

(2)This paragraph shall not apply to an application for the variation of conditions of a permit in relation to an installation carrying out only dry cleaning activities as defined in sub-paragraph (2) of Part C of section 7 of Part 1 of Schedule 1.

(3)The enforcing authority shall, subject to paragraph 24(a), within the period of 14 days from the date of receiving the application—

(a)notify the operator in writing that this paragraph applies and of any fee prescribed in respect of the application for variation under regulation 25;

(b)give notice in writing of the application, enclosing a copy of it, to the persons to whom notice would have to be given in accordance with paragraph 12 of Schedule 4 in the case of an application for a permit to operate the particular installation or mobile plant.

(4)For the purpose of calculating the period of 14 days mentioned in sub-paragraph (3) no account shall be taken of any period beginning with the date on which notice is served on an operator under paragraph 4 and ending on the date on which the operator furnishes the information specified in the notice.

(5)If the applicant does not pay to the enforcing authority any fee notified under sub-paragraph (3)(a) within 28 days of the notification the application shall be deemed to have been withdrawn.

(6)

(1)Subject to paragraph 24(b), an operator notified under paragraph 5(3)(a) shall, within the period of 28 days from the date on which the notification is made, advertise the application—

(a)in the case of a variation affecting the operation of an installation or Part A mobile plant in at least one newspaper circulating in the locality in which the installation or mobile plant is operated; and

(b)in the case of a Part A installation or Part A mobile plant, in the Belfast Gazette.

(2)An advertisement required by sub-paragraph (1) shall—

(a)state the name of the operator;

(b)in the case of a variation affecting the operation of a Part A 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, and in the case of a variation affecting the operation of a Part A installation, how and at what times, any register which contains particulars of the application may be inspected and that it may be inspected free of charge;

(e)explain that any person may make representations in writing to the enforcing authority within the period of 42 days beginning with the date of the advertisement and give the enforcing authority’s address 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 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;

(g)in the case of a variation affecting the operation of a Part A installation or Part A mobile plant—

(i)explain that the particulars of the application contained in the register specified in head (d) include the information listed in paragraph 1; and

(ii)where applicable, state that the determination of the application is subject to a national or transboundary environmental impact assessment or to consultations ^note... in accordance with paragraph 17.

(3)Sub-paragraph (1) shall not apply in relation to an application for the variation of the conditions of a permit relating to an installation which is only used to carry out an activity falling within paragraph (b), (c), (d) or (e) of Part C of section 1.2 of Part 1 of Schedule 1.

(4)Any representations made by any person within the period allowed shall be considered by the enforcing authority in determining the application.

(5)For the purpose of sub-paragraph (4), the period allowed for making representations is—

(a)in the case of persons notified pursuant to paragraphs 5(3)(b), the period of 42 days beginning with the date on which notice of the application is given under that sub-paragraph;

(b)in the case of other persons—

(i)for applications, the period of 42 days; and

(ii)for draft determinations, the period of 20 working days,

beginning with the date on which the application, or the draft determination, is advertised pursuant to sub-paragraph (1) or paragraph 9.

(7)

(1)The Department may give directions to the enforcing authority requiring that any particular application under regulation 19(2) or any class of such applications shall be referred to it for determination pending a further direction under sub-paragraph (13).

(2)The enforcing authority shall inform the operator of the fact that his application is being referred to the Department and forward to the Department any representations which have been made to the enforcing authority within the period allowed.

(3)Where an application for the variation of the conditions of a permit is referred to it under sub-paragraph (1) the Department may afford the operator and the enforcing authority an opportunity of appearing before and being heard by a person appointed by it (the “appointed person”) and it shall do so in any case where a request is duly made by the operator or the enforcing authority to be so heard.

(4)A request under sub-paragraph (3) shall be in writing and shall be made within the period of 21 days beginning with the day on which the operator is informed that his application is being referred to the Department.

(5)A hearing held under sub-paragraph (3) shall, if the appointed person so decides, be held wholly or to any extent directed by the appointed person, in private.

(6)Where the Department causes a hearing to be held under sub-paragraph (3), it shall give the operator and the enforcing authority at least 28 days notice (or such shorter period of notice as they may agree) of the date, time and place fixed for the holding of the hearing.

(7)In the case of a hearing under sub-paragraph (3) which is to be held wholly or partly in public, the Department shall, at least 21 days before the date fixed for the holding of the hearing—

(a)where the application relates to the operation of an installation or Part A mobile plant, publish a copy of the notice mentioned in sub-paragraph (6) in at least two newspapers circulating in the locality in which the installation or mobile plant is operated; and

(b)serve a copy of that notice on every person required to be notified under paragraph 5(3)(b) and on every person who made representations to the enforcing authority with respect to the subject matter of the application.

(9)The Department may also vary the time or place for the holding of a hearing under sub-paragraph (3) and shall give such notice of any variation as appears to it to be reasonable.

(10)The persons entitled to be heard at a hearing under sub-paragraph (3) are—

(a)the operator;

(b)the enforcing authority; and

(c)any person required under paragraph 5(3)(b) to be notified of the application.

(11)Nothing in sub-paragraph (10) shall prevent the appointed person from permitting any other persons to be heard at the hearing and such permission shall not be unreasonably withheld.

(12)After the conclusion of a hearing, the appointed person shall make a report in writing to the Department which shall include his conclusions and recommendations or his reasons for not making any recommendations.

(13)The Department shall, on determining any application referred to it under this paragraph, give to the enforcing authority such a direction as it thinks fit as to whether the enforcing authority is to vary the conditions of the permit and, if so, as to the conditions that are to be attached to the permit by means of the variation notice.

(8)

(1)Except in a case where an application under regulation 19(2) has been referred to the Department under paragraph 7 and subject to paragraph 18, the enforcing authority shall give notice of—

(a)its determination of an application under regulation 19(4); or

(b)in the case of an application affecting the operation of a Part A installation or Part A mobile plant, to which paragraph 5 applies, its draft determination in accordance with paragraph 9,

within the period specified in sub-paragraph (2).

(2)The period for the purposes of sub-paragraph (1) is as follows—

(a)where paragraph 5 applies, the period of six months beginning with the day on which the enforcing authority received the application;

(b)where paragraph 5 does not apply, the period of three months beginning with the day on which the enforcing authority received the application; or

(c)in either case, such longer period as may be agreed with the operator.

(3)For the purpose of calculating the periods mentioned in sub-paragraph (2) no account shall be taken of—

(a)any period beginning with the date on which notice is served on an operator under paragraph 4 and ending on the date on which the operator furnishes the information specified in the notice;

(b)any period allowed for making representations in relation to a notice given pursuant to paragraph 6 in so far as that period does not overlap with any other period allowed for making representations in accordance with paragraph 6(5); and

(c)where the matter falls to be determined under regulation 34 or 35, any period beginning with the date on which the period of 28 days referred to in paragraph 6(1) ends and ending on the date on which the application is advertised in accordance with paragraph 24(b).

(9)

(1)The enforcing authority shall give notice of their draft determination of an application for a Part A installation or Part A mobile Plant, to which paragraph 5 applies, and shall—

(a)within the period of 3 working days beginning with the date on which notice of a draft determination is given, advertise the draft variation notice on its web-site and, if it considers it appropriate, by any other means; and

(b)take all relevant steps specified in the advertisement as falling to be carried out by the enforcing authority, within the time periods set out in that advertisement.

(2)In the case of a notice of a draft determination in respect of an application which has been forwarded by the Department to a Member State under paragraph 17, the enforcing authority shall forward copies of the draft determination and of the advertisement made pursuant to this paragraph to the Department at the same time as the draft determination is advertised.

(10)

(1)An advertisement required by paragraph 9 shall—

(a)explain where, how and at what times any register which contains—

(i)any additional information which is relevant to the determination of the application which has become available after the application is advertised pursuant to paragraph 6(1);

(ii)a copy of the draft determination;

(iii)information on any guidance issued by the Department to the enforcing authority relevant to the application; and

(iv)information on the arrangements for public participation and the reasons and considerations on which the draft determination is based,

may be inspected and that it may inspected free of charge;

(c)explain that where—

(i)no representations are made to the enforcing authority within the period referred to in head (b) and, where applicable, within the period specified under paragraph 20 for the Department to forward representations to the enforcing authority, the enforcing authority shall—

(aa)give notice of its determination; and

(bb)include in the register a copy of the final determination, together with a statement confirming that no representations have been received by the enforcing authority on the draft determination,

within the period of 5 working days beginning on the day on which the period referred to in head (b) ends or, where applicable, the day on which the period specified under paragraph 20 for the Department to forward representations to the enforcing authority ends; or

(ii)representations are made within the period referred to in head (b) and, where applicable, within the period specified under paragraph 20 for the Department to forward representations to the enforcing authority, the enforcing authority shall—

(aa)give notice of its determination;

(bb)include in the register a copy of the variation, together with information on the reasons and considerations on which the variation is based, including information on the public participation process; and

(cc)advertise the notice on its web-site and, if it considers it appropriate, by any other means,

within the period of 15 working days beginning with the day on which the period referred to in head (b) ends or, where applicable, the day on which the period specified under paragraph 20 for the Department to forward representations to the enforcing authority ends or within such longer period as may be agreed with the applicant.

(2)Where the draft determination has been forwarded to the Department pursuant to paragraph 9(2)—

(a)the enforcing authority shall forward to the Department a copy of the final determination and the information specified in sub-paragraph (1)(c)(i)(bb) or (1)(c)(ii)(bb) as the case may be, by the date by which it is required to give notice of its determination under sub-paragraph (1)(c)(i) or (1)(c)(ii); and

(b)the Department shall forward to the Member State to which the draft determination has been forwarded under paragraph 17, copies of the documents specified in the previous head as soon as possible after the date of receipt.

(11)If the enforcing authority fails to give notice of its determination or draft determination of an application for a variation of the conditions of a permit within the applicable period allowed by or under paragraph 8 or 10, the application shall, if the operator notifies the authority in writing that he treats the failure as such, be deemed to have been refused at the end of that period.

Part 2 · Variation notices

(12)

(1)Subject to paragraph (2), this paragraph applies where the enforcing authority proposes to serve a variation notice under regulation 19(5) where no application was made, and the variation will—

(a)authorise a substantial change in the operation of an installation or a mobile plant;

(b)vary the conditions of a permit to operate a Part A installation as a result of a review under regulation 17(2)(a);

(c)vary the conditions of a permit where regulation 13(3) applies; or

(d)vary the conditions of a permit and the enforcing authority determines that in the particular circumstances the procedure set out in the following sub-paragraphs should be followed even though heads (a), (b) and (c) do not apply.

(2)This paragraph shall not apply—

(a)where the enforcing authority proposes to serve a variation notice—

(i)which has been modified to take account of representations made in accordance with this paragraph in relation to the enforcing authority’s previous proposal to serve the notice without the modifications; or

(ii)in order to comply with a direction given by the Department; or

(b)to a proposed variation notice in relation to an installation carrying out only dry cleaning activities as defined in sub-paragraph (2) of Part C of section 7 of Part 1 of Schedule 1.

(3)Where this paragraph applies the enforcing authority shall, subject to paragraph 24(a)—

(a)notify the operator in writing that this paragraph applies and of any fee prescribed in respect of the variation under regulation 25;

(b)serve a copy of the proposed variation notice on the operator;

(c)give notice in writing of the proposed variation notice, enclosing a copy of it, to the persons to whom notice would have to be given in accordance with paragraph 12 of Schedule 4 in the case of an application for a permit to operate the particular installation or mobile plant; and

(d)in the case of a proposed variation notice affecting the operation of a Part A installation or Part A mobile plant, provide the operator with—

(i)information on the reasons and considerations on which that proposed variation notice is based; and

(ii)information on any guidance issued by the Department to the enforcing authority relevant to the determination of the proposed variation.

(4)Where this paragraph applies to a variation affecting the operation of a Part A installation, any relevant information obtained or conclusion arrived at pursuant to Articles 5, 6, 7 and 9 of Directive 2011/92/EU 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 the chief inspector before serving the variation notice.

(13)The chief inspector shall notify the operator of a Part A installation or Part A mobile plant which—

(a)uses, produces or emits hazardous substances;

(b)has not previously submitted a baseline report;

(c)carries out or will carry out activities listed in Annex I of the IED; and

(d)is having a permit varied due to—

(i)a review of conditions under regulation 17; or

(ii)a substantial change,

of the requirement to submit a baseline report within the time specified by the chief inspector, and shall not serve a variation notice until such time as a baseline report is submitted.

(14)

(1)Subject to paragraph 24(b), an operator notified under paragraph 12(3)(a) shall, within 28 days beginning on the day on which the notification is made, advertise the proposed variation notice—

(b)in the case of a Part A installation or Part A mobile plant, in the Belfast Gazette.

(2)An advertisement required by sub-paragraph (1) shall—

(a)state the name of the operator;

(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;

(d)state where, and in the case of a variation affecting the operation of a Part A installation, how and at what times, any register which contains—

(i)particulars of the proposed variation; and

(ii)in the case of a proposed variation notice affecting the operation of a Part A installation, a copy of the proposed variation notice and the information provided by the enforcing authority under paragraph 12(3)(d)(i) on the reasons and considerations on which that proposed variation notice is based,

may be inspected and that it may be inspected free of charge;

(g)in the case of a variation affecting the operation of a Part A installation or Part A mobile plant—

(i)describe the contents of the proposed variation notice;

(ii)where applicable, state that the serving of the variation notice is subject to a national or transboundary environmental impact assessment or to consultations ^note... in accordance with paragraph 17; and

(iii)where applicable, explain that any guidance issued by the Department to the enforcing authority relevant to the serving of the proposed variation which has been provided to the operator under paragraph 12(3)(d)(ii), has been included in the register.

(3)Sub-paragraph (1) shall not apply in relation to a proposed variation notice relating to an installation which is only used to carry out an activity falling within paragraph (b), (c), (d) or (e) of Part C of section 1.2 of Part 1 of Schedule 1.

(4)Any representations made by any person within the period allowed shall be considered by the enforcing authority before serving the variation notice.

(5)For the purpose of paragraph (4), the period allowed for making representations is—

(a)in the case of persons notified pursuant to paragraphs 12(3)(c), the period of 42 days beginning with the date on which notice of the proposed variation notice is given under that sub-paragraph; or

(b)in the case of other persons, the period of 42 days beginning with the date on which the proposed variation notice is advertised pursuant to sub-paragraph (1).

(15)

(1)If the enforcing authority proposes to serve a variation notice which will result in the inclusion of an off-site condition in the permit concerned, it shall, before serving the variation notice, give a notice which complies with sub-paragraph (3) to every person appearing to it to be a person falling within sub-paragraph (2).

(2)A person falls within this sub-paragraph if—

(a)he is the owner, lessee or occupier of land; and

(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 13(7) to the holder of the permit.

(3)A notice served under sub-paragraph (1) shall—

(a)be in writing;

(b)set out the off-site condition in question;

(c)indicate the nature of the works or things which that condition might require the holder of the permit to carry out or do; and

(d)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 the enforcing authority 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” means the person who—

(a)is for the time being receiving the rack-rent of the land, whether on his own account or as agent or trustee for another person; or

(b)would receive the rack-rent if the land were let at a rack-rent,

but does not include a mortgagee not in possession.

(5)Any representations made by a person notified under sub-paragraph (1) within the period specified under sub-paragraph (3)(d) shall be considered by the enforcing authority before serving the variation notice.

(16)

(1)In the case of a proposed variation notice affecting the operation of a Part A installation or Part A mobile plant to which the consultation and advertising procedure set out in paragraphs 12 and 14 applies—

(a)where no representations are made to the enforcing authority within the period specified in paragraph 14(5), and where applicable, by the day on which the enforcing authority receives the Department’s notification that the bilateral consultations have been completed pursuant to paragraph 18(b), the enforcing authority shall—

(i)serve the variation notice;

(ii)include in the register a copy of the variation notice, together with a statement confirming that no representations have been received by the enforcing authority on the proposed variation; and

(iii)where paragraph 17 applies, forward a copy of the variation notice and the information in sub-head (ii) to the Department,

within the period of 7 days starting with the day on which the period allowed by paragraph 14(5) ends or, where applicable and if later, the day on which the enforcing authority receives the Department’s notification that the bilateral consultations have been completed pursuant to paragraph 18(b); or

(b)where representations are made within the period specified in paragraph 14(5) and where applicable, by the day on which the enforcing authority receives the Department’s notification that the bilateral consultations have been completed pursuant to paragraph 18(b), the enforcing authority shall—

(i)serve the variation notice;

(ii)include in the register a copy of the variation notice, together with information on the reasons and considerations on which the variation notice is based;

(iii)advertise the notice on its web-site and, if it considers it appropriate, by any other means; and

(iv)where paragraph 17 applies, forward a copy of the variation notice and the information in sub-head (ii) to the Department,

within the period of 21 days starting with the day on which the period allowed by paragraph 14(5) ends or, where applicable and if later, the day on which the enforcing authority receives the Department’s notification that the bilateral consultations have been completed pursuant to paragraph 18(b) or within such longer period as may be agreed with the operator.

(2)The Department shall forward to the Member State to which the proposed variation has been forwarded under paragraph 17, a copy of the variation notice and the information specified in sub-paragraph (1)(a)(ii) or (1)(b)(ii), as soon as practicable after the date of receipt.

(3)Where sub-paragraph (1) applies and the enforcing authority fails to serve the variation notice within the period specified in that sub-paragraph, the proposed variation shall, if the operator of the Part A installation to which the variation refers notifies the enforcing authority in writing that he treats the failure as such, be deemed to have been withdrawn at the end of that period.

Part 3 · Transboundary notification

(17)Where the Department is aware that an application or a proposal to serve a variation notice mentioned in paragraphs 5(1) or 12(1) relates to a substantial change in the operation of an installation carrying out activities listed in Annex I of the IED in Northern Ireland which is likely to have significant negative effects on the environment of a Member State, or where a Member State likely to be significantly affected so requests, the Department shall forward—

(a)a copy of the application or proposed variation notice and a copy of the advertisement made under paragraphs 6(1) or 14(1); and

(b)where applicable, a copy of the draft determination in respect of that application together with a copy of the advertisement made under paragraph 9,

to that Member State at the same time as the application, proposed variation notice or draft determination notice is advertised pursuant to paragraphs 6(1), 14(1) or 9 (or as soon as it becomes so aware or receives such a request, if it becomes so aware or receives such a request after the application, proposed variation notice or draft determination is advertised but before the application is determined or the proposed variation notice is served) in order that the application, draft determination or proposed variation notice may serve as the basis for any consultations necessary in the framework of the bilateral relations between the United Kingdom and that Member State on a reciprocal and equivalent basis, as referred to in Article 26 of the IED.

(18)Where an application or proposal to serve a variation notice is forwarded to a Member State pursuant to paragraph 17, the Department shall notify the operator of the installation concerned and the chief inspector and—

(a)the chief inspector shall not determine the application or provide his draft determination (where the application has not been referred to the Department under paragraph 7) or serve the variation notice until the Department has notified him in writing that the bilateral consultations required by paragraph 17 have been completed and has forwarded to him any representations duly made on the application or proposed variation by persons in that Member State which have been forwarded to the Department; and,

(b)in the case of an application to be determined by the chief inspector, the period within which to determine the application or to provide a draft determination set out in paragraph 8(2)(a) shall begin on the day on which the chief inspector receives the Department’s notification that the bilateral consultations have been completed.

(19)In determining an application or before serving a variation notice which has been forwarded to a Member State pursuant to paragraph 17, the chief inspector, or, in the case of an application, the Department if the application has been referred to it, shall take into consideration any representations duly made in that Member State which have been forwarded to the Department.

(20)Any representations on the draft determination made in the Member State to which the draft determination has been sent, which have been received by the Department within the period of 22 working days from the date of the Department’s receipt of the draft determination from the enforcing authority, shall be forwarded to the enforcing authority within the period of 3 working days beginning on the day after that period ends.

(21)

(1)For the purposes of this Schedule “working day” means a day which is not a Saturday or a Sunday, Christmas Day, Good Friday or a bank holiday in Northern Ireland under the Banking and Financial Dealings Act 1971

(2)in paragraphs 17 to 20, “Member State” shall be taken to include Norway, Iceland and Liechtenstein.

Part 4 · National security and confidential information

(22)The requirements of paragraph 6(1) and 14(1) shall not apply in so far as they would require the advertisement of information mentioned in paragraph 6(2) and 14(2) which is not to be included in the register by virtue of regulation 34 or 35.

(23)Paragraphs 27, 28 and 29 of Schedule 4 shall apply in relation to the requirement to give notice under paragraphs 5(3)(b) or 12(3)(c) of this Schedule as they apply to the requirement to give notice under paragraph 12 of that Schedule.

(24)Where a matter falls to be determined under regulation 34 or 35—

(a)the period within which an advertisement is to be published under paragraphs 6(1) and 14(1) shall be 28 days beginning 14 days after the day on which the matters to be determined under those regulations are finally disposed of; and

(b)the period for notification under paragraphs 5(3)(b) and 12(3)(c) shall be 14 days beginning 14 days after the day on which the matters to be determined under those regulations are finally disposed of.

(25)Paragraph 31 of Schedule 4 shall apply for the purpose of paragraph 24 of this Schedule as it applies for the purpose of paragraph 30 of that Schedule.

Schedule 8 · Sed installations

(1)This Schedule applies in relation to every installation to which Chapter V of the IED applies.

(2)In this Schedule when interpreting Chapter V of the IED—

(a)an expression that is defined in Article 57 of the IED has the meaning given in that Article; and

(b)the competent authority is the enforcing authority.

(3)The enforcing authority must exercise its functions under regulation 7 so as to ensure compliance with the following provisions of the IED—

(a)Article 7 (incidents and accidents) which shall be read as if the words “Member States” were replaced by “ the enforcing authority”;

(b)Article 8(2) (non-compliance) which shall be read as if the words “Member States” were replaced by “ the enforcing authority”;

(c)Article 58 (substitution of hazardous substances);

(d)Article 59 (control of emissions), except for 59(4) and the last sentence of 59(1) and which shall be read as if the words “Member States” were replaced by “The enforcing authority”;

(e)Article 60 (monitoring of emissions) which shall be read as if the words “Member States” were replaced by “the enforcing authority”;

(f)Article 61 (compliance with emission limit values);

(g)Article 63 (substantial change to existing installations); and

(h)Article 82 (7), (8) and (9) (transitional provisions).

Schedule 9 · Large combustion plants

(1)This Schedule applies in relation to every combustion plant referred to in Article 30(3) of the IED.

(2)This Schedule applies, from 1^st January 2016, in relation to every combustion plant referred to in Article 30(2) of the IED.

(3)When interpreting Chapter III of the IED, for the purposes of this Schedule, the competent authority is—

(a)for the purposes of exercising a judgment as to whether there is an overriding need to maintain energy supplies under Article 30(6) or 37(2) of the IED, the Department; or

(b)otherwise, the chief inspector.

(4)

(1)The chief inspector must exercise his functions under regulation 7 so as to ensure compliance with the following provisions of Chapter III of the IED—

(a)Article 29 (aggregation rules);

(b)Article 30(1), (2), (3), (4) (5) (6), (7) and (8) (emission limit values), except the second sub-paragraph of 30(5) and the second sub-paragraph of 30(6);

(c)Article 31(1) and (2) (desulphurisation rate) which shall be read as if the words “Member States” were replaced by “The chief inspector”;

(d)Article 33(1), (3) and (4) (limited life time derogation) ;

(e)Article 34 (1) and (2) (small isolated systems);

(f)Article 35(1) (district heating plants);

(g)Article 36(1) and (2) (geological storage of carbon dioxide) which shall be read as if the words “Member States” were replaced by “the chief inspector”

(h)Article 37 (malfunction or breakdown of the abatement equipment);

(i)Article 38 (monitoring of emissions into air) which shall be read as if the words “Member States” were replaced by “the chief inspector”;

(j)Article 39 (compliance with emission limit values);

(k)Article 40 (multi-fuel firing combustion plants); and

(l)Article 82(4) (transitional provision).

(2)The chief inspector must—

(a)immediately inform the Department of any derogation under Article 30(5) of the IED;

(b)immediately inform the Department if he considers that the Department must make a judgment as to whether there is an overriding need to maintain energy supplies under Article 30(6) or 37(2) of the IED; and

(c)exercise his functions under regulation 7 in relation to such a judgment made by the Department.

Schedule 9A · Medium Combustion Plant

Part 1 · General

(1)This Schedule applies—

(a)in relation to every new medium combustion plant from 20^th December 2018;

(b)in relation to every existing medium combustion plant from the date specified in paragraph 5 of Part 2 of Schedule 3, as appropriate.

(2)When interpreting the MCPD for the purposes of this Schedule—

(a)an expression that is defined in Part 1 of these Regulations has the meaning given in that Part;

(b)the competent authority is the enforcing authority;

(c)“general binding rule” means a rule published under regulation 16.

(3)

(1)The enforcing authority must ensure that every application for the grant of a permit—

(a)includes the information specified in Annex I to the MCPD;

(b)specifies which (if any) of paragraphs 7 to 11 of Part 2 of this Schedule is considered relevant to the application.

(2)Subject to sub-paragraph (3), the enforcing authority must start the procedure for determining an application for the grant of a permit within one month of the operator providing the information referred to in sub-paragraph (1) and must inform the operator of the start of the procedure.

(3)Sub-paragraph (2) applies only when the operator has submitted an application that complies with sub-paragraph (1).

(4)

(1)The enforcing authority must exercise its relevant functions so as to ensure compliance with the following provisions of the MCPD—

(a)Article 4;

(b)Articles 5(1) and (2);

(c)Article 5(6);

(d)Article 6(1);

(e)Article 6(2);

(f)Article 6(7);

(g)Article 6(13);

(h)Article 7 (except Article 7(8));

(i)Article 9.

(2)In exercising its relevant functions, the enforcing authority must ensure that there is no persistent emission of dark smoke, where “dark smoke” has the meaning given in section 2(3) of Clean Air (Northern Ireland) Order 1981.

(3)In exercising its relevant functions so as to ensure compliance with Article 6(1), (2), (7) or (13) of the MCPD, the enforcing authority must ensure that permits include emission limit values set in accordance with the provisions of Part 2 of this Schedule.

Part 2 · Emission Limit Values

(5)In this Part—• “Ambient Air Quality Directive” means Directive 2008/50/EC of the European Parliament and of the Council of 21^st May 2008 on ambient air quality and cleaner air for Europe;• “Annex I” means Annex I of the MCPD;• “Annex II” means Annex II of the MCPD;• “biomass”, “dust”, “emission limit value”, “micro isolated system”, “nitrogen oxides”, “operating hours”, “small isolated system” and “zone” have the respective meanings given in Article 3 of the MCPD; andany reference to emissions expressed in mg/Nm³ is to those emissions defined in accordance with Annex II.

(6)

(1)Sub-paragraphs (2) to (4) apply, subject to paragraphs 7 to 11.

(2)From 20^th December 2018, emissions into the air of sulphur dioxide, nitrogen oxides and dust from a new medium combustion plant must not exceed the emission limit values set out in Part 2 of Annex II (but with the modification that footnote (3) in Table 2 of that Part is to be read as if for “may be” there were substituted “are”).

(3)From 1^st January 2025, emissions into the air of sulphur dioxide, nitrogen oxides and dust from an existing medium combustion plant with a rated thermal input greater than 5 megawatts must not exceed the emission limit values set out in Tables 2 and 3 of Part 1 of Annex II.

(4)From 1^st January 2030, emissions into the air of sulphur dioxide, nitrogen oxides and dust from an existing medium combustion plant with a rated thermal input of less than or equal to 5 megawatts must not exceed the emission limit values set out in Tables 1 and 3 of Part 1 of Annex II.

(7)

(1)An existing medium combustion plant which operates for no more than 500 operating hours per year, is not required to comply with the emission limit values set out in Tables 1, 2, and 3 of Part 1 of Annex II, provided that the operator has signed a declaration in accordance with paragraph 7 of Annex I.

(2)An existing medium combustion plant, is not required to comply with the emission limit values set out in Tables 1, 2, and 3 of Part 1 of Annex II where it operates for no more than 1000 operating hours per year to provide backup power production in islands connected to an electricity transmission system or distribution system, in the event of an interruption of the main power supply to an island, provided that the operator has signed a declaration in accordance with paragraph 7 of Annex 1.

(3)Where an existing medium combustion plant firing solid fuels falls within sub-paragraph (1) or sub-paragraph (2), an emission limit value for dust of 200mg/Nm³ applies.

(4)For the purposes of sub-paragraph (2, “transmission system” and “distribution system” have the meanings given in Article 3 of The Electricity (Northern Ireland) Order 1992.

(8)

(1)A new medium combustion plant which operates for no more than 250 operating hours per year, is not required to comply with the emission limit values set out in Part 2 of Annex II, provided that the operator has signed a declaration in accordance with paragraph 7 of Annex I.

(2)Where a new medium combustion plant firing solid fuels falls within sub-paragraph (1), an emission limit value for dust of 100mg/Nm³ applies.

(9)Existing medium combustion plants which are part of a small isolated system or a micro isolated system are only required to comply with the emission limit values set out in Tables 1, 2 and 3 of Part 1 of Annex II from 1^st January 2030.

(10)An existing medium combustion plant—

(a)with a rated thermal input greater than 5 megawatts; and

(b)which is used to drive gas compressor stations required to ensure the safety and security of a national gas transmission system;

is not required to comply with the emission limit values for nitrogen oxides set out in Table 3 of Part 1 of Annex II before 1^st January 2030.

(11)

(1)This sub-paragraph applies in relation to a medium combustion plant which normally uses low sulphur fuel, where the operator is unable to comply with the relevant emission limit values for sulphur dioxide in paragraph 6, because of an interruption in the supply of low-sulphur fuel resulting from a serious shortage.

(2)Where sub-paragraph (1) applies, the enforcing authority may grant a derogation from the obligation to comply with those emission limit values for such period, up to a maximum of six months, if the operator satisfies the enforcing authority that it is justified under the circumstances.

(3)This sub-paragraph applies in relation to a medium combustion plant using only gaseous fuel where—

(a)the plant has to resort exceptionally to the use of other fuels because of an interruption in the supply of gas; and

(b)as a result of using those other fuels, the plant would need to be equipped with secondary abatement equipment in order to comply with the relevant emission limit values for sulphur dioxide, nitrogen oxides and dust in paragraph 6.

(4)Where sub-paragraph (3) applies, the enforcing authority may grant a derogation from the obligation to comply with the relevant emission limit values in paragraph 6—

(a)for a maximum of 10 days; or

(b)for such longer period, if the operator satisfies the enforcing authority it is justified under the circumstances.

(5)Any document made, served or issued on or after the commencement date which contains a reference to any of the revoked instruments shall be construed, except so far as a contrary intention appears, as referring or, as the context may require, including a reference to the corresponding provision of these regulations.

(a)Where a district council is theenforcing authority and it grants a derogation under sub-paragraphs (2) or (4) it must inform the Department immediately^note....

(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Schedule 9B · Specified generators

(1)This Schedule applies in relation to every specified generator from the permitting date.

(2)

(1)In this Schedule “specified generator” means—

(a)a generator, other than an excluded generator, with a rated thermal input—

(i)more than or equal to 1 megawatt and less than 50 megawatts; or

(ii)in the case of a generator used to meet a capacity agreement or an agreement to provide balancing services, less than 50 megawatts; or

(b)where two or more generators falling within paragraph (a)(i) or (ii) are operated—

(i)on the same site;

(ii)by the same operator; and

(iii)for the same purpose,

those generators together;

(c)where two or more generators, other than excluded generators—

(i)are operated as set out in paragraph (b)(i) to (iii); and

(ii)together have a rated thermal input more than or equal to 1 megawatt and less than 50 megawatts, even if one or more of the generators has a rated thermal input of less than 1 megawatt,

those generators together.

(2)For the purposes of paragraph (1)—• “excluded generator” means—(a) generators subject to the provisions of Chapter II or Chapter III of the Industrial Emissions Directive,(b) back-up generators operated for the purpose of testing for no more than 50 hours per year,• “generator” means any combustion plant which is used for the purpose of generating electricity, but does not include any generator that is mobile unless it is connected to—(a) an electricity transmission system or distribution system, or(b) other apparatus, equipment or appliances at a site, if these are part of the complete infrastructure of the site;• “mobile” means any apparatus, equipment or appliance which is—(a) constructed or adapted for being transported from place to place, or(b) portable, and designed or intended to be moved from place to place.

(3)

(1)The “relevant date” in relation to a generator means—

(a)1^st January 2019, in the case of a new generator;

(b)1^st October 2019, in the case of an existing generator with a rated thermal input greater than 5 megawatts and less than 50 megawatts which—

(i)has an emission of nitrogen oxides of equal to or greater than 500mg/ Nm³; and

(ii)operates for more than 50 hours per year;

(c)1^st January 2025, in the case of an existing generator with a rated thermal input greater than 5 megawatts and less than 50 megawatts which—

(i)has an emission of nitrogen oxides of less than 500mg/ Nm³; or

(ii)operates for less than or equal to 50 hours per year;

(d)1st January 2030, in the case of an existing generator with a rated thermal input equal to or less than 5 megawatts.

(2)The “permitting date”—

(a)in relation to a specified generator falling within paragraph 2(1)(a), is the relevant date in relation to that specified generator;

(b)in relation to a specified generator falling within paragraph 2(1)(b) or (c), is the earliest of the relevant dates in relation to the generators comprising that specified generator.

(3)For the purposes of sub-paragraph (1)—• “existing generator” means a generator with a rated thermal input equal to or greater than 1 megawatt and less than 50 megawatts which came into operation before 1^st December 2016, or;• “new generator” means any specified generator which is not an existing generator.

(4)For the purposes of this paragraph, in the case of a generator which is comprised in a specified generator falling within paragraph 2(1)(b) or (c), the generator is deemed to have the total rated thermal input of all the generators comprised in the specified generator.

(4)In this Schedule—• “back-up generator” means a generator operated for the sole purpose of maintaining power supply at a site during an on-site emergency;• “balancing services” means any services procured by the transmission system operator in order to balance demand and supply, and to ensure the security and quality of electricity supply;• “capacity auction” means a capacity auction conducted under Chapter F [of the Capacity Market Code] for allocating Awarded Capacity to Capacity Market Units and includes T-1 Auctions, T-2 Auctions, T-3 Auctions and T-4 Auctions;• “capacity market framework agreement” means the agreement (including an Accession Deed) under which a person becomes bound by this Code;• “distribution system” has the meaning given in Article 3 of The Electricity (Northern Ireland) Order 1992;• “emission limit value” means the permissible maximum quantity of a substance contained in the waste gases from a generator which may be discharged into the air during a given period;• “nitrogen oxides” means nitric oxide and nitrogen dioxide;• “transmission system” has the meaning given in Article 3 of The Electricity (Northern Ireland) Order 1992;• “transmission system operator” means the person or persons operating the transmission system for Northern Ireland; andany reference to emissions expressed in mg/Nm³ is to those emissions defined in accordance with Annex II of the Medium Combustion Plant Directive.

(5)

(1)Subject to paragraph 6, the enforcing authority must exercise its relevant functions in relation to specified generators so as to ensure that they are operated, from the relevant date, in such a way that—

(a)there is compliance with an emission limit value for nitrogen oxides of 190mg/Nm³;

(b)where secondary abatement is required to ensure compliance with the requirement in paragraph (a), the emission limit value for nitrogen oxides is met—

(i)in the case of an existing generator or a new generator which was, but has ceased to be, an existing generator, within 20 minutes of the specified generator commencing operation, or;

(ii)in the case of any other new generator, within 10 minutes of the specified generator commencing operation,

and in every case emissions must be monitored at least every three years;

(c)there is no persistent emission of dark smoke, where “dark smoke” has the meaning given in paragraph 3(1) of the Clean Air (Northern Ireland) Order 1981.

(2)Where compliance with air quality aspects of an environmental quality standard requires stricter conditions for the operation of a specified generator, or a generator comprised in a specified generator falling within paragraph 2(1)(b) or (c), from the permitting date the enforcing authority must include additional or stricter measures in the permit to comply with those standards, including a stricter emission limit value than that specified in sub-paragraph (1)(a).

(3)In the case of a specified generator falling within paragraph 2(1)(b) or (c), the requirements of sub-paragraph (1) must be met by every generator comprising that specified generator from the relevant date relating to that generator.

(6)

(1)Paragraph 5 does not apply in relation to—

(a)a specified generator used at a site to which it is not reasonably practicable to supply mains power;

(b)a specified generator that is a back-up generator for which the operator has demonstrated to the enforcing authority a genuine need to carry out routine testing for more than 50 hours per year.

(2)Paragraph 5 does not apply—

(a)until 1^st January 2025 in relation to an existing generator—

(i)with a rated thermal input greater than 5 megawatts but not more than 50 megawatts;

(ii)with nitrogen oxide emissions of 500mg/Nm³ or greater;

(iii)which operates for more than 50 hours per year;

(b)in relation to an existing generator—

(i)falling within sub-paragraph (2)(a);

(ii)that is operated only for the purpose of a capacity market framework agreement entered into before 1^st December 2016;

for the period in which that capacity agreement remains in force, or until 1st January 2025, whichever is later.

(3)Where a specified generator falls within sub-paragraphs (1) or (2), the enforcing authority must exercise its functions from the relevant date to ensure that the generator will not give rise to an exceedance of the limit values for nitrogen dioxide specified in the case of a generator operated in Northern Ireland, in Schedule 2 to the Air Quality Standards (Northern Ireland) Regulations 2010.

(4)Paragraph 5 does not apply in relation to an existing generator—

(a)with a rated thermal input greater than 5 megawatts and less than 50 megawatts which—

(i)has an emission of nitrogen oxides of less than 500mg/Nm³; or

(ii)operates for no more than 50 hours per year; or

(b)with a rated thermal input greater than or equal to 1 megawatt but no greater than 5 megawatts;

where it is operated only for the purpose of a capacity market framework agreement entered into before 1st December 2016, during the period in which that capacity market framework agreement remains in force.

(5)Paragraph 5 does not apply in relation to an existing generator with a rated thermal input of less than 1 megawatt where it is operated only for the purpose of a capacity market framework agreement entered into before 1^st December 2016, during the period in which that capacity market framework agreement remains in force.

(6)In the case of a generator comprised in a specified generator falling within paragraph 2(1)(b) or (c)—

(a)the generator is deemed to have the total rated thermal input of all the generators comprised in the specified generator for the purposes of sub-paragraphs (2), (4) and (5), and;

(b)“relevant date” in sub-paragraph (3) means the relevant date relating to that generator.

Schedule 10 · Titanium dioxide

(1)This Schedule applies in relation to every installation producing titanium dioxide.

(2)Chapter VI of the IED shall be read as if the words “Member States” were replaced by “the chief inspector”.

(3)The chief inspector must exercise his functions under regulation 7 so as to ensure compliance with the following provisions of the IED—

(a)Article 67 (prohibition of the disposal of waste);

(b)Article 68 (control of emissions into water);

(c)Article 69 (prevention and control of emissions into air); and

(d)Article 70 (monitoring of emissions).

Schedule 11 · Waste incineration

(1)This Schedule applies in relation to any waste incineration plant or waste co-incineration plant to which Chapter IV of the IED applies, which incinerates or co-incinerates solid or liquid waste.

(2)When interpreting Chapter IV and Annex VI of the IED for the purposes of this Schedule—

(a)“residue” shall mean any liquid or solid waste which is generated by a waste incineration plant or waste co-incineration plant;

(b)the chief inspector is the competent authority; and

(c)sub-paragraph (c) of paragraph 2.1 of Part 6 of Annex VI shall be read as if the words “dioxin-like polychlorinated biphenyls and poly-cyclic aromatic hydrocarbons” appeared after the word “furans”.

(3)

(1)The chief inspector must exercise his functions under regulation 7 so as to ensure compliance with the following provisions of Chapter IV of the IED—

(a)Article 42 (scope);

(b)Article 45(1) to (2) and (4) (permit conditions);

(c)Article 46 (control of emissions);

(d)Article 47 (breakdown);

(e)Article 48(1) to (4) (monitoring of emissions), which shall be read as if the words “Member States” were replaced by “the chief inspector”;

(f)Article 49 (compliance with emission limit values);

(g)Article 50 (operating conditions);

(h)Article 51(1) to (3) (authorisation to change operating conditions) but ignore the words “Member States may lay down rules governing these authorisations” in Article 51(1);

(i)Article 52 (delivery and reception of waste);

(j)Article 53 (residues);

(k)Article 54 (substantial change);

(l)Article 55 (reporting and public information on waste incineration plants and waste co-incineration plants); and

(m)Article 82(5) and (6) (transitional provisions).

(2)The chief inspector shall ensure that a permit which authorises the incineration or co-incineration of waste with energy recovery shall contain conditions ensuring that the recovery of energy shall take place with a high level of energy efficiency.

(3)The chief inspector shall ensure that a permit which authorises the operation of a waste incineration installation shall contain such conditions as the chief inspector considers necessary to give effect to Article 14 of Directive 2006/66/EC of the European Parliament and of the Council of 6 September 2006 on batteries and accumulators and waste batteries and accumulators as last amended by Directive 2018/849 .

(4)

(1)Every environmental permit which authorises a waste co-incineration plant or a waste incineration plant is deemed to contain the following condition, unless such a condition in the same terms as that condition is included in the permit.

(2)The condition is that the operator must not accept—

(a)any waste paper, metal, plastic or glass for incineration if that waste has been separately collected for the purpose of preparing for re-use or recycling; and

(b)subject to sub-paragraph (3), any waste for incineration that results from the treatment of waste referred to in paragraph (a), unless incineration of that waste delivers the best environmental outcome in accordance with regulation 17 of the Waste Regulations (Northern Ireland) 2011.

(3)The treatment referred to in sub-paragraph (2)(b) must not be treatment that contravenes sub-paragraph (2)(a) or regulation 9A(2)(a) of the Landfill Regulations (Northern Ireland) 2003.

Schedule 12 · Petrol vapour recovery

Part 1 · Pvr I

(1)This Part applies in relation to every Part C activity falling within paragraphs (b) of Part B and paragraphs (a) and (b) of Part C of section 1.2 of Part 1 of Schedule 1.

(2)In this Part, the “PVR I” means European Parliament and Council Directive 94/63/EC of 20 December 1994 on the control of VOC emissions resulting from the storage of petrol and its distribution from terminals to service stations.

(3)

(1)The enforcing authorities must exercise their relevant functions under regulation 7 so as to ensure compliance with the following provisions of the PVR I—

(a)the first paragraph of Article 3(1), (storage installations at terminals);

(b)the first and last paragraphs of Article 4(1), and 4(3), (loading and unloading of mobile containers at terminals); and

(c)the first paragraph of Article 6(1) (loading into storage installations at service stations).

(2)When interpreting the PVR I for the purposes of this paragraph ignore points 2.3, 3.2 and 3.5 of Annex IV to the PVR I.

Part 2 · Pvr II

(1)This Part applies in relation to every Part C activity falling within paragraphs (c) to (e) of Part C of section 1.2 of Part 1 of Schedule 1.

(2)

(1)In this Part, “PVR II” means Directive 2009/126/EC of the European Parliament and of the Council of 21 October 2009 on Stage II petrol vapour recovery during refuelling of motor vehicles at service stations as last amended by Commission Directive 2014/99/EU.

(2)When interpreting the PVR II for the purposes of this paragraph—

(a)in Articles 3, 4 and 5, ignore the words “Member States shall ensure that” where they occur; and

(b)in Article 4, ignore the words “with effect from the date on which Stage II petrol vapour recovery systems become mandatory pursuant to Article 3”.

(3)The district councils must exercise their functions under regulation 7 so as to ensure compliance with the following provisions of the PVR II—

(a)Article 3 (service stations);

(b)Article 4(minimum level of petrol vapour recovery); and

(c)Article 5 (periodic checks and consumer information).

Schedule 13 · Asbestos

(1)This Schedule applies in relation to every activity falling within section 3.2 of Part 1 of Schedule 1.

(2)

(1)In this Schedule, “the Asbestos Directive” means Directive 87/217/EEC of 19 March 1987 on the prevention and reduction of environmental pollution by asbestos.

(2)When interpreting the Asbestos Directive for the purposes of this Schedule—

(a)the competent authority is the chief inspector;

(b)“waste” has the meaning given in the Asbestos Directive; and

(c)in Article 6(1) of that Directive, “regular intervals” means, for the purposes of an installation to which Article 4 applies, intervals of not more than 6 months.

(3)The chief inspector must exercise his functions under regulation 7 so as to ensure compliance with the following provisions of the Asbestos Directive—

(a)Article 3;

(b)Article 4(1);

(c)Article 5;

(d)Article 6(1) and (2); and

(e)Article 8.

Schedule 13A · Energy efficiency directive

(1)This Schedule applies to every installation or mobile plant to which Article 14(5) of the Energy Efficiency Directive applies.

(2)In this Schedule—• “economically justified demand” means demand that does not exceed the needs for heating or cooling and which would otherwise be satisfied at market conditions by energy generation processes other than cogeneration;• “electricity from cogeneration” means electricity generated in a process linked to the production of useful heat and calculated in accordance with the methodology laid down in Annex II of the Energy Efficiency Directive;• “substantial refurbishment” means a refurbishment whose cost exceeds 50% of the investment cost for a new comparable unit, but the fitting of equipment to carry out the activity falling within head (a) of Part A of section 6.10 of Part 1 of Schedule 1 shall not be considered as refurbishment for the purposes of paragraphs 4, 7 and 10 of this Schedule; and• “unit” means any boilers, furnaces, kilns, turbines or engines forming part of an installation which added together have a rated thermal input of more than 20 megawatts.

(3)An application to an enforcing authority under regulation 10 for a permit to operate a new installation, carrying out an activity with a total net thermal input exceeding 20 megawatts and generating electricity must be accompanied by a cost-benefit analysis that assesses the costs and benefits of operating the installation or converting the installation to operate as a high-efficiency cogeneration installation.

(4)An operator of an installation, carrying out an activity with a total net thermal input exceeding 20 megawatts and generating electricity must apply to the enforcing authority under regulation 19(2) for a variation of the conditions of his permit before undertaking a substantial refurbishment.

(5)The application for a variation of the conditions of the permit required by paragraph 4 must be accompanied by a cost-benefit analysis that assesses the costs and benefits of operating the installation, or converting the installation to operate, as a high-efficiency cogeneration installation.

(6)An application to an enforcing authority under regulation 10 for a permit to operate a new installation with a total net thermal input exceeding 20 megawatts, other than an installation falling within paragraph 3, and generating waste heat at a useful temperature level, must be accompanied by a cost-benefit analysis that assesses the cost and benefits of utilising the waste heat to satisfy economically justified demand, including through cogeneration, and of the connection of that installation to a district heating and cooling network.

(7)An operator of an installation with a total net thermal input exceeding 20 megawatts, and generating waste heat at a useful temperature level must apply to the enforcing authority under regulation 19(2) for a variation of the conditions of his permit before undertaking a substantial refurbishment.

(8)The application for a variation of the conditions of the permit required by paragraph 7 must be accompanied by a cost-benefit analysis that assesses the cost and benefits of utilising the waste heat to satisfy economically justified demand, including through cogeneration, and of the connection of that installation to a district heating and cooling network.

(9)An application to an enforcing authority under regulation 10 for a permit to operate a new installation with a total net thermal input exceeding 20 megawatts which forms part of a new or existing district heating and cooling network must be accompanied by a cost-benefit analysis that assesses the cost and benefits of utilising the waste heat from nearby installations.

(10)An operator of an installation with a total net thermal input exceeding 20 megawatts which forms part of an existing district heating or cooling network must apply to the enforcing authority under regulation 19(2) for a variation in the conditions of his permit before undertaking a substantial refurbishment.

(11)The application for a variation in the conditions of the permit required by paragraph 10 must be accompanied by a cost-benefit analysis that assesses the cost and benefits of utilising the waste heat from nearby installations.

(12)Paragraphs 3 to 11 shall not apply to—

(1)peak load and back-up electricity generating installations for which the application states that operation under 1,500 operating hours per year as a rolling average over a period of five years is planned; or

(2)installations that need to be located close to a geological storage site approved under Directive 2009/31/ECas last amended by Directive 2011/92/EU .

(13)Where the exemption specified in paragraph 12(1) applies, the enforcing authority shall include, in the permit, conditions ensuring that the operating hours remain within the constraints specified in paragraph 12(1).

(14)Paragraphs 6 to 11 shall not apply to individual installations:

(1)which do not form part of a district cooling network; and

(2)with any of the following—

(a)available waste heat of 100 kilowatts or less;

(b)available waste heat,

(i)greater than 100 kilowatts as hot water or steam, where there is no hot water heat demand greater than 100 kilowatts within the search radius from the source installation as set out in the table below, located within the connection distance from the centre of the source installation; or

(ii)greater than 500 kilowatts as steam, where there is no steam-based heat demand greater than 500 kilowatts and no water heat demand greater than 100 kilowatts within the search radius from the centre of the installation as set out in the table below, located within the connection distance from the centre of the source installation;

(c)a heat demand of—

(i)100 kilowatts or less for hot water heat demands; or

(ii)500 kilowatts or less for steam-based heat demands;

(d)a hot water heat demand greater than 100 kilowatts, with no source of available waste heat greater than 100 kilowatts within the search radius from the centre of the installation as set out in the Table, located within the connection distance from the centre of the demand installation; or

(e)a steam-based heat demand greater than 500 kilowatts, with no source of steam-based waste heat greater than 500 kilowatts within the search radius from the centre of the installation as set out in the Table, located within the connection distance from the centre of the demand installation.

Table
Installation type	Thermal capacity (kilowatts (kW) and megawatts (MW))	Search radius (km)(measured from centre of the installation)
Hot water demand	>100kW and <3.9 MW	0.0038 x H, where H = thermal capacity in kW
≥3.9MW	15
Steam demand	>500kW and <12.5 MW	0.0012 x H, where H = thermal capacity in kW
≥12.5 MW	15
Waste heat source (hot water or steam)	>100kW and <3.9 MW	0.0038 x H, where H = thermal capacity in kW
≥3.9MW	15

(15)For the purposes of paragraph 14, “connection distance” means—

(1)in the case of a hot water heat link, the thermal capacity in kilowatts of the source or demand, whichever is smaller, multiplied by 0.0038; or

(2)in the case of a steam heat link, the thermal capacity in kilowatts of the source or demand, whichever is smaller, multiplied by 0.0012,

expressed in kilometres.

(16)From 31st December 2015, when considering permit applications and applications for the variation of conditions, the enforcing authority shall take into account both the outcome of the cost-benefit analysis and the outcome of the United Kingdom’s comprehensive national assessment required by Article 14(1) of the Energy Efficiency Directive.

(17)Subject to paragraph 19, where a cost-benefit analysis, required pursuant to paragraphs 3, 5, 6 or 8 shows that benefits exceed costs, the enforcing authority may only grant the permit or vary the conditions of the permit subject to the inclusion of appropriate conditions that will ensure the operation of the installation in a manner shown by that analysis to be cost beneficial.

(18)Subject to paragraph 19, where a cost-benefit analysis required pursuant to paragraphs 9 or 11 shows that benefits exceed costs, the regulator may only grant the permit or vary the conditions of the permit subject to the inclusion of appropriate conditions that will ensure the operation of the installation, in conjunction with the utilisation of the waste heat from nearby installations, in a manner shown by that analysis to be cost beneficial.

(19)Paragraphs 17 and 18 do not apply if, in individual cases, the enforcing authority decides that there are imperative reasons of law, ownership or finance for it not to apply. In such cases, within two months of its decision, the enforcing authority shall submit a reasoned notification of it to the Department.

(20)The provisions of this Schedule apply to installations covered by the IED without prejudice to the requirements of that Directive.

Schedule 14 · Supplemental provisions with respect to powers of entry

(1)In this Schedule—• “relevant power” means a power conferred by regulation 30, including a power exercisable by virtue of a warrant under this Schedule; and• “responsible authority”—(a) in relation to an inspector appointed under regulation 8(1), means the Department; and(b) in relation to an inspector appointed under regulation 8(5), means the district council by which that person is appointed.

(2)

(1)If it is shown to the satisfaction of a justice of the peace on sworn information in writing—

(a)that there are reasonable grounds for the exercise in relation to any premises of a relevant power; and

(b)one or more of the conditions specified in sub-paragraph (2) is fulfilled in relation to those premises,

the justice of the peace may by warrant authorise an inspector to exercise the power in relation to those premises, in accordance with the warrant and, if need be, by force.

(2)The conditions mentioned in sub-paragraph (1)(b) are—

(a)that the exercise of the power in relation to the premises has been refused;

(b)that such a refusal is reasonably apprehended;

(c)that the premises are unoccupied;

(d)that the occupier is temporarily absent from the premises and the case is one of urgency; or

(e)that an application for admission to the premises would defeat the purpose of the proposed exercise of the power.

(3)In a case where regulation 30(5) applies, a justice of the peace shall not issue a warrant under this Schedule by virtue only of being satisfied that the exercise of a power in relation to any premises has been refused, or that a refusal is reasonably apprehended, unless the justice of the peace is also satisfied that the notice required by regulation 30(5) has been given and that the period of that notice has expired.

(4)Every warrant under this Schedule shall continue in force until the purposes for which the warrant was issued have been fulfilled.

(3)

(1)Subject to regulation 30(10), information obtained in consequence of the exercise of a relevant power, with or without the consent of any person, is admissible in evidence against that or any other person.

(2)Without prejudice to the generality of sub-paragraph (1), information obtained by means of monitoring or other apparatus installed on any premises in the exercise of a relevant power, with or without the consent of any person in occupation of the premises, is admissible in evidence in any proceedings against that or any other person.

(4)An inspector who, in the exercise of a relevant power, enters any premises which are unoccupied or whose occupier is temporarily absent shall leave the premises as effectually secured against trespassers as the inspector found them.

(5)

(1)Where an inspector exercises any power conferred by regulation 30(3)(a) or (b) or (4), it is the duty of the responsible authority to make full compensation to any person who has sustained loss or damage by reason of—

(a)the exercise by the inspector of that power; or

(b)the performance of, or failure of the inspector to perform, the duty imposed by paragraph 4.

(2)Compensation shall not be payable by virtue of sub-paragraph (1) in respect of any loss or damage if the loss or damage—

(a)is attributable to the default of the person who sustained it; or

(b)is loss or damage in respect of which compensation is payable under any other provision of the pollution control statutory provisions.

(3)Any dispute as to a person’s entitlement to compensation under this paragraph, or as to the amount of any such compensation, shall be referred to and determined by the Lands Tribunal, and Articles 4 and 5 of the Land Compensation (Northern Ireland) Order 1982 (procedure on reference to the Lands Tribunal and costs) applies to any such determination.

Schedule 15 · Appeals from decisions with respect to permits

(1)

(1)A person who wishes to appeal to the Planning Appeals Commission under regulation 31 shall give to the Planning Appeals Commission written notice of the appeal, together with a statement of the grounds of the appeal.

(2)An appellant may withdraw an appeal by notifying the Planning Appeals Commission in writing.

(2)Notice of appeal in accordance with paragraph 1 is to be given—

(a)in the case of an appeal under regulation 31(1) (a) to (e), before the expiry of the period of six months beginning with the date of the decision or deemed decision which is the subject matter of the appeal;

(b)in the case of an appeal under regulation 31(1)(f), before the expiry of the period of 21 days beginning with the date on which the determination is notified to the person concerned or the determination is deemed to have been made under regulation 35(4);

(c)in the case of an appeal under regulation 31(2) against a revocation notice, before the date on which the revocation takes effect; or

(d)in the case of an appeal under regulation 31(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 that notice.

(3)The enforcing authority shall, within 14 days of receipt of notification of an appeal from the Planning Appeals Commission, provide the Planning Appeals Commission with the names and addresses of—

(a)any person who was required to be given notice of the subject matter of the appeal under paragraph 12 of Schedule 4 or paragraph 5(3)(b) or 12(3)(c) of Schedule 7;

(b)any person who made representations to the enforcing authority with respect to the subject matter of the appeal; and

(c)any person who appears to the enforcing authority to have a particular interest in the subject matter of the appeal.

(4)

(1)The Planning Appeals Commission shall determine the appeal and paragraphs (1), (3), (4) and (5) of Article 111 of the Planning (Northern Ireland) Order 1991 shall apply in relation to the determination of the appeal as they apply in relation to the determination of an appeal under that Order.

(2)If either party to the appeal so requests, the Planning Appeals Commission shall afford to each of them an opportunity of appearing before and being heard by the Planning Appeals Commission.

(3)A hearing held under sub-paragraph (2) may, if the Planning Appeals Commission so decides, be held wholly or held to any extent, in private.

Schedule 16 · Registers

(1)

(1)A register maintained by an enforcing authority under regulation 33 shall contain—

(a)all particulars of any application made to the enforcing authority for a permit;

(b)all particulars of any notice to the applicant by the enforcing authority under Schedule 4 or Schedule 7 and of any information furnished in response to such a notice;

(c)all particulars of any advertisement published pursuant to Schedule 4 or 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 the enforcing authority 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 Schedule 4 or Schedule 7;

(f)all particulars of any permit granted by the enforcing authority;

(g)all particulars of any notification to the enforcing authority given under regulation 18(1);

(h)all particulars of any application made to the enforcing authority for the variation, transfer or surrender of a permit;

(i)all particulars of any variation, transfer and surrender of any permit granted by the enforcing authority;

(j)all particulars of any revocation of a permit granted by the enforcing authority;

(k)all particulars of any enforcement notice or suspension notice issued by the enforcing authority or closure notice issued by the chief inspector under regulation 16(1) of the 2003 Landfill Regulations;

(l)all particulars of any notice issued by the enforcing authority withdrawing an enforcement notice or a suspension notice;

(m)all particulars of any notice of appeal under regulation 31 against a decision by the enforcing authority or a notice served by the enforcing authority, along with a statement of the grounds of appeal, a copy of any relevant correspondence between the appellant and the enforcing authority, and a copy of any decision or notice which is the subject matter of the appeal;

(n)all particulars of any representations with respect to the subject matter of the appeal made by any person mentioned in paragraph 3 of Schedule 15, 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 the enforcing authority 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 Planning Appeals Commission of such an appeal and any report accompanying any such written notification;

(q)details of any conviction of or formal caution given to any person for any offence under regulation 36(1) or regulation 17(1) of the 2003 Landfill Regulations which relates to the operation of an installation or mobile plant under a permit granted by the enforcing authority, or without such a permit in circumstances where one is required by regulation 9, including the name of the person, the date of conviction or formal caution, 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 the enforcing authority which has been obtained by the enforcing authority as a result of its own monitoring or furnished to the enforcing authority in writing by virtue of a condition of the permit or under regulation 32(2);

(s)in a case where any such monitoring information is omitted from the register by virtue of regulation 35, a statement by the enforcing authority, based on the monitoring information from time to time obtained by or furnished to them, indicating whether or not there has been compliance with any relevant condition of the permit;

(t)all particulars of any other information furnished to the authority in compliance with a condition of the permit, a variation notice, enforcement notice or suspension notice, or regulation 32(2) of these Regulations or a closure notice under regulation 16(1) of the 2003 Landfill Regulations;

(u)all particulars of any report published by an enforcing authority 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 the enforcing authority;

(v)all particulars of any direction given to the enforcing authority by the Department under any provision of these Regulations;

(w)all particulars of any conditioning plan submitted under paragraph 1(3) of Schedule 4 to the 2003 Landfill Regulations or notice given under paragraph 1(5) of that Schedule;

(x)all particulars of any notice of a decision under paragraph 1(6) of Schedule 4 to the Landfill Regulations;

(y)all particulars of any notification or report required before definitive closure of a landfill under regulation 15(4) of the 2003 Landfill Regulations; and

(z)all particulars of any advertisement under paragraph 19 of Schedule 4 or paragraph 9 of Schedule 7, the information specified in paragraph 20 of Schedule 4, or 10 of Schedule 7 and all particulars 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 on the register.

(2)In the case of a Part A installation or Part A mobile plant, excluding those engaged in the activities described in paragraphs (b), (d), (g) or (h) of Part A of section 5.1, the register shall contain—

(a)the content of any decision on granting, reconsideration or updating of a permit;

(b)the reasons on which the decision was based;

(c)an explanation of how any representations were taken into account;

(d)the title of BAT reference documents relevant to the installation or activity concerned;

(e)how the permit conditions including emission limit values, have been determined in relation to the best available techniques and emission levels associated with the best available techniques;

(f)where a derogation is granted in accordance with regulation 13(3), the specific reasons for that derogation and the conditions imposed; and

(g)upon definitive cessation of activities, information provided by the operator in accordance with regulation 22(4)(c) and (d).

(3)In the case of a Part A installation or Part A mobile plant, excluding those engaged in the activities described in paragraphs (b), (d), (g) or (h) of Part A of section 5.1, the information listed in sub-paragraph 1(f), and (i), 2(a), (b), (f) and (g) shall be made available by the chief inspector via the internet.

(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 the 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.

(3)Where, following an amendment of Schedule 1, these Regulations cease to apply to a description of installation or mobile plant, all particulars relating to installations or mobile plant of that description shall be removed from the register by the enforcing authority not less than two months and not more than three months after the date on which the amendment comes into force.

(4)Nothing in paragraph 1 requires an enforcing authority to keep in a register maintained by it —

(a)monitoring information relating to a particular installation or a mobile plant for more than four years after that information was entered in the register; or

(b)information relating to a particular installation or mobile plant which has been superseded by later information relating to that installation or mobile plant for more than four years after that later information was entered in the register,

but this paragraph does 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.

(5)Any details of a formal caution included in a register pursuant to paragraph 1(q) shall be removed from the register, by the enforcing authority, after five years have elapsed since the date on which the caution was given.

Schedule 17 · Revocations

Contains public sector information licensed under the Open Government Licence v3.0.