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

Type Ni-Statutory-Rule

Publication 2013-06-05

Last updated 2025-04-01

State In force

Jurisdiction Northern Ireland

Department Government Printer for Northern Ireland

Source legislation.gov.uk

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(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the date of the final determination of the appeal by the Planning Appeals Commission or the date on which the appeal is withdrawn.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

Indicative list of the main polluting substances to be taken into account if they are relevant for fixing emission limit values:

AIR

1

Sulphur dioxide and other sulphur compounds.

2

Oxides of nitrogen and other nitrogen compounds.

3

Carbon monoxide.

4

Volatile organic compounds.

5

Metals and their compounds.

6

Dust including fine particulate matter.

7

Asbestos (suspended particulates, fibres).

8

Chlorine and its compounds.

9

Fluorine and its compounds.

10

Arsenic and its compounds.

11

Cyanides.

12

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

13

Polychlorinated dibenzodioxins and polychlorinated dibenzofurans.

WATER

1

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

2

Organophosphorus compounds.

3

Organotin compounds.

4

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

5

Persistent hydrocarbons and persistent and bioaccumulable organic toxic substances.

6

Cyanides.

7

Metals and their compounds.

8

Arsenic and its compounds.

9

Biocides and plant protection products.

10

Materials in suspension.

11

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

12

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

13

Substances listed in Annex X to Directive 2000/60/EC[^f00052].

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;

(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[^f00053] 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[^f00054] (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

(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

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 ... 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.

(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 operator;

(b) the enforcing authority; and

(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

(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;

(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;

(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);

(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;

(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—

(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 an installation or Part A mobile plant, state the address of the site of the installation or mobile plant concerned;

(c) describe briefly the activities in Part 1 of Schedule 1 carried out in the installation or by means of the mobile plant and the change in the operation of the installation or mobile plant that will be authorised by the variation;

(d) state where, 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;

(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) 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 ... 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[^f00055]

(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

Application

1

This Schedule applies in relation to every installation to which Chapter V of the IED applies.

Interpretation

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.

Exercise of relevant functions

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”;

(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

Application

1

This Schedule applies in relation to every combustion plant referred to in Article 30(3) of the IED.

2

This Schedule applies, from 1st January 2016, in relation to every combustion plant referred to in Article 30(2) of the IED.

Interpretation

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.

Exercise of relevant functions

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

SCHEDULE 10 — TITANIUM DIOXIDE

Application

1

This Schedule applies in relation to every installation producing titanium dioxide.

Interpretation

2

Chapter VI of the IED shall be read as if the words “Member States” were replaced by “the chief inspector”.

Exercise of functions

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);

(d) Article 70 (monitoring of emissions).

SCHEDULE 11 — WASTE INCINERATION

Application

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.

Interpretation

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”.

Exercise of relevant functions

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);

(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[^f00056] 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 .

SCHEDULE 12 — PETROL VAPOUR RECOVERY

PART 1 — PVR I

Application

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.

Interpretation

2

In this Part, the “PVR I” means European Parliament and Council Directive 94/63/EC[^f00057] of 20 December 1994 on the control of VOC emissions resulting from the storage of petrol and its distribution from terminals to service stations.

Exercise of enforcing authority functions

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

(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

Application

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.

Interpretation

2

(1) In this Part, the “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[^f00058].

(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”.

Exercise of district council functions

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

SCHEDULE 13 — ASBESTOS

Application

1

This Schedule applies in relation to every activity falling within section 3.2 of Part 1 of Schedule 1.

Interpretation

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[^f00059].

(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.

Exercise of chief inspector’s functions

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);

(d) Article 6(1) and (2); and

(e) Article 8.

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”—in relation to an inspector appointed under regulation 8(1), means the Department; andin 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;

(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[^f00060] (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

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;

(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

Regulations revoked	References	Extent of revocation
The Pollution Prevention and Control Regulations (Northern Ireland) 2003	S.R.2003 No.46	The whole Regulations from 7th January 2014.
The Large Combustion Plants Regulations (Northern Ireland) 2003	S.R.2003 No.210	The whole Regulations from 1st January 2016.
The Waste Incineration Regulations (Northern Ireland) 2003	S.R.2003 No.390	The whole Regulations from 7th January 2014.
The Waste Incineration (Amendment) Regulations (Northern Ireland) 2004	S.R.2004 No.35	The whole Regulations from 7th January 2014.
The Solvent Emissions Regulations (Northern Ireland) 2004	S.R.2004 No.36	The whole Regulations from 7th January 2014.
The Pollution Prevention and Control (Amendment) Regulations (Northern Ireland) 2004	S.R.2004 No.507	The whole Regulations from 7th January 2014.
The Pollution Prevention and Control (Amendment) and Connected Provisions Regulations (Northern Ireland) 2005	S.R.2005 No.229	The whole Regulations from 7th January 2014.
The Pollution Prevention and Control (Amendment) and Connected Provisions (No.2) Regulations (Northern Ireland) 2005	S.R.2005 No.285	The whole Regulations from 7th January 2014.
The Pollution Prevention and Control (Amendment) (No.3) Regulations (Northern Ireland) 2005	S.R.2005 No.454	The whole Regulations from 7th January 2014.
The Pollution Prevention and Control (Miscellaneous Amendments) Regulations (Northern Ireland) 2006	S.R.2006 No.98	The whole Regulations from 7th January 2014.
The Pollution Prevention and Control (Amendment) Regulations (Northern Ireland) 2007	S.R.2007 No.245	The whole Regulations from 7th January 2014.
The Pollution Prevention and Control (Amendment) Regulations (Northern Ireland 2009	S.R.2009 No.403	The whole Regulations from 7th January 2014.
The Solvent Emissions (Amendment) Regulations (Northern Ireland) 2010	S.R.2010 No.165	The whole Regulations from 7th January 2014.
The Solvent Emissions (Amendment) Regulations (Northern Ireland) 2011	S.R.2011 No.2	The whole Regulations from 7th January 2014.
The Pollution Prevention and Control (Amendment) Regulations (Northern Ireland) 2011	S.R.2011 No.212	The whole Regulations from 7th January 2014.
The Pollution Prevention and Control (Amendment No.2) Regulations (Northern Ireland) 2011	S.R.2011 No.402	The whole Regulations from 7th January 2014.
The Pollution Prevention and Control (Industrial Emissions) Regulations (Northern Ireland) 2012	S.R.2012 No.453	The whole Regulations.

Signed

Sealed with the Official Seal of the Department of the Environment on 5th June 2013.

Wesley Shannon — A senior officer of the Department of the Environment

Explanatory note

(This note is not part of the Regulations)

EXPLANATORY NOTE

These Regulations are made under Article 4(1) of the Environment (Northern Ireland) Order 2002. They transpose Directive 2010/75/EU of the European Parliament and of the Council on industrial emissions (integrated pollution prevention and control (Recast)). They also replace existing legislation which is listed in Schedule 17.

The list of controlled activities and the type of pollution control The Regulations control the operation of any installations or mobile plant carrying out any of the activities listed in Part 1 of Schedule 1 to the Regulations. Installations or mobile plant used to carry out activities listed under the heading “Part A” in Part 1 of Schedule 1 (Part A installations and mobile plant) are subject to integrated pollution control by the chief inspector. Those used to carry out activities listed under the heading “Part B” (Part B installations and mobile plant) are subject to air pollution control by the chief inspector. Those used to carry out activities listed under the heading “Part C” (Part C installations and mobile plant) are subject to air pollution control by district councils. Part 2 of Schedule 1 sets out some rules for the interpretation of Part 1 of the Schedule. Part 3 of Schedule 1 sets out rules for the interpretation of “Part A installation” etc.

Procedural and substantive requirements Part 1 of the Regulations (regulations 1 to 8)sets out general provisions. There are definitions in regulations 2 and 3.Regulation 7 determines which installations and mobile plant are regulated by the chief inspector and which by the district councils (see above). Regulation 8 deals with the appointment of the chief inspector and other inspectors. Part 2 deals with the need for a permit to operate an installation or mobile plant covered by the Regulations (regulation 9), the procedure for granting permits and the contents of permits (regulations 10 to 16 and Schedules 4 and 5), and the treatment of permits once granted (regulations 17 to 20 and Schedule 7). The basic requirement for conditions of permits (regulations 11 to 14) is to impose emission limit values based on BAT. (“Best available techniques” is defined in regulation 3 and Schedule 2 sets out considerations which have to be taken into account when determining BAT). Schedule 6 sets out the compensation provisions applicable where a person is required under regulation 13 to allow an operator of an installation or Part A mobile plant to carry out work on that person’s land. Regulation 15 provides for the Department to notify the chief inspector of conditions which it considers appropriate in relation to preventing or reducing emissions to water from Part A installations and mobile plant regulated by the chief inspector. Regulation 16 enables the Department to make general binding rules containing requirements which may apply instead of conditions included in permits. Regulations 17, 19, 20, 21, 22, 23 and 24andSchedule 7 deal with the review, variation, transfer, surrender and revocation of permits. Regulation 18 requires the operator of a permitted installation to give the enforcing authority notice of any proposed change in the operation of that installation. Regulation 25 provides for the Department to make charging schemes setting fees and charges to be paid in respect of applications made under the Regulations and in respect of variations, transfers, surrenders, appeals and the subsistence of permits. Part 3 (regulations 26 to 30) contains the enforcement powers under the Regulations. Part 4 (regulation 31) and Schedule 15 provide for appeals to the Planning Appeals Commission. Part 5(regulations 32 to 35) and Schedule 16 set out information gathering powers and publicity requirements. Part 6 (regulations 36 to 39) sets out offences for contraventions of the Regulations and provides for enforcement by the High Court and the admissibility of evidence. Part 7 (regulations 40 to 42) enables the Department to give directions and guidance to enforcing authorities and to make plans relating to emissions. Schedules 8 to 13 bring existing legislation in respect of solvent emissions, large combustion plants, titanium dioxide, waste incineration, petrol vapour recovery and asbestos into these regulations.

Transitional provisions Schedule 3 sets out the transitional provisions for bringing installations and mobile plant under the control of the Regulations. An impact assessment has been prepared and copies can be obtained from Environmental Policy Division, Department of the Environment, Goodwood House, 44-58 May Street, Town Parks, Belfast BT1 4NN. A copy has been placed in the Assembly library.

Footnotes

[^f00001]: S.I 2002/3153 (N.I. 7)

[^f00002]: S.R. 2003 No. 496 as amended by S.R. 2004 No. 297, S.R. 2007 No.179, S.R. 2007 No.258 and S.R.2011 No.101

[^f00003]: O.J.L327,22.12.2000, p.1

[^f00004]: O.J.L353,31.12.2008, p.1

[^f00006]: O.J.L334, 17.12.2010, p.17

[^f00007]: S.I.1991 No.1220 (N.I.11)

[^f00009]: O.J.L159, 29.6.1996, p.1

[^f00010]: O.J.L125, 21.5.2009, p.75

[^f00011]: O.J.L106, 17.4.2001, p.1

[^f00012]: S.I.2006 No.3336 (N.I.21)

[^f00013]: S.I. 1997 No. 2778 (N.I. 19)

[^f00014]: S.I. 2005/925

[^f00015]: O.J. L275, 25.10.2003,p.32

[^f00016]: S.I. 1978/1049 (N.I. 19)

[^f00017]: S.R 2003 No.46 the amendments are S.I. 2003/3311, S.R. 2003 No. 390, S.R. 2003 No. 496, S.R. 2004 No. 36, S.R. 2004 No. 507, S.R. 2005 No. 285, S.R. 2005 No. 300, S.R. 2005 No. 454, S.R. 2006 No. 98, S.R. 2006 No. 280, S.R. 2007 No. 245, S.I. 2007/2325, S.R. 2009 No. 159, S.R. 2009 No. 403, S.R. 2011 No. 2, S.R. 2011 No. 127, S.R. 2011 No. 212 and S.R. 2011 No. 402.

[^f00019]: O.J. L41, 14.2.2003, p.26

[^f00020]: S.I. 2005 No. 925

[^f00021]: S.R. 2000 No. 101

[^f00022]: 1972 c.68

[^f00023]: S.I. 1981/154 (N.I. 1)

[^f00024]: 1972 c.9 (N.I.)

[^f00025]: 1954 c.33 (N.I.)

[^f00027]: OJ No. L 365, 31.12.1994, p.24

[^f00028]: 1993 c. 12 O.J.L 300, 14.11.2009, p.1

[^f00029]: O.J.L 135, 30.5.1991, p.40

[^f00030]: S.R. 2002 No. 209

[^f00031]: S.I. 1999/662 (N.I. 6)

[^f00032]: O.J. L140, 5.6.2009, p.114

[^f00034]: O.J. No.L353, 31.12.2008, p.1

[^f00035]: S.I. 1986/594 (N.I. 3)

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