The Environmental Protection (Applications, Appeals and Registers) Regulations 1991

Made: 6th March 1991

Laid before Parliament: 8th March 1991

Coming into force—

The Secretary of State for the Environment as respects England, the Secretary of State for Wales as respects Wales and the Secretary of State for Scotland as respects Scotland, in exercise of the powers conferred on them by sections 10(8), 11(1), (3) to (7), 15(10), 20(1) to (3), (10) and 22(6) of and paragraphs 1 to 3, 6 and 7 of Schedule 1 to the Environmental Protection Act 1990[^f00001] and of all other powers enabling them in that behalf, hereby make the following Regulations:

Citation, commencement and interpretation

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• (1) These Regulations may be cited as the Environmental Protection (Applications, Appeals and Registers) Regulations 1991 and shall come into force in England and Wales on 1st April 1991 and in Scotland on 1st April 1992.

• (2) In these Regulations, “the 1990 Act” means the Environmental Protection Act 1990.

Applications for an authorisation

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• (1) An application to an enforcing authority for an authorisation under section 6 of the 1990 Act shall be in writing and, subject to paragraphs (2) and (3) below, shall contain the following information—

• (a) the name of the applicant, his telephone number and address and, if different, any address to which correspondence relating to the application should be sent and, if the applicant is a body corporate, the address of its registered or principal office and, if that body corporate is a subsidiary of a holding company (within the meaning of section 736 of the Companies Act 1985), the name of the ultimate holding company and the address of its registered or principal office;

• (b) in a case where the prescribed process will not be carried on by means of mobile plant—

• (i) the name of any local authority in whose area the prescribed process will be carried on;

• (ii) the address of the premises where the prescribed process will be carried on;

• (iii) a map or plan showing the location of those premises; and

• (iv) if only part of those premises will he used for carrying on the process, a plan or other means of identifying that part;

• (c) in a case where the prescribed process will be carried on by means of mobile plant—

• (i) the name of the local authority in whose area the applicant has his principal place of business; and

• (ii) the address of that place of business;

• (d) a description of the prescribed process;

• (e) a list of prescribed substances (and any other substances which might cause harm if released into any environmental medium) which will be used in connection with, or which will result from, the carrying on of that process;

• (f) a description of the techniques to be used for preventing the release into any environmental medium of such substances, for reducing the release of such substances to a minimum and for rendering harmless any such substances which are released;

• (g) details of any proposed release of such substances into any environmental medium and an assessment of the environmental consequences;

• (h) proposals for monitoring any release of such substances, the environmental consequences of any such release and the use of any techniques described in accordance with sub-paragraph (f) above;

• (i) the matters on which the applicant relies to establish that the objectives mentioned in section 7(2) of the 1990 Act (including the objective referred to in section 7(7)) will be achieved and that he will be able to comply with the general condition implied by section 7(4);

• (j) any additional information which he wishes the enforcing authority to take into account in considering his application.

• (2) Paragraph (1) above shall apply in relation to an application to a local enforcing authority for an authorisation in respect of a prescribed process designated for local control (other than that mentioned in paragraph (3) below) as if the words in brackets in sub-paragraph (i) were omitted and references to the release of substances into any environmental medium were references to the release of substances into the air.

• (3) Paragraph (1) above shall apply in relation to an application to a local enforcing authority for an authorisation to carry on any prescribed process involving only the burning of waste oil in an appliance with a net rated thermal input of less than 0·4 megawatts as if the following sub-paragraphs were substituted for sub-paragraphs (d) to (i)—

(d) the name and number of the appliance (if any) and the name of its manufacturer; (e) the net rated thermal input of the appliance and whether or not it is constructed or adapted so as to comply with the specification for fixed, flued fan-assisted heaters in Part 2 of the specification for oil-burning air heaters published by the British Standards Institution and numbered BS 4256 1972; (f) details of the type of fuel to be used and its source; (g) details of the height and location of any chimney through which waste gases produced by the appliance would be carried away; (h) details of the efflux velocity of the waste gases leaving such a chimney produced by the appliance in normal operation; (i) details of the location of the fuel storage tanks of the appliance;

• (4) In this regulation—

• “net rated thermal input” is 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 thermal;

• “waste oil” means any mineral based lubricating or industrial oil which—has become unfit for the use for which it was intended and, in particular, used combustion engine oil, gearbox oil, mineral lubricating oil, oil for turbines and hydraulic oil; andis generated only as a result of activities carried out by the applicant on the premises where the process is to be carried on.

Variation of conditions of an authorisation

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• (1) Any notice given to an enforcing authority under section 11(1)(a) of the 1990 Act of a proposed relevant change in a prescribed process shall be in writing.

• (2) An application to an enforcing authority under any provision of section 11 of the 1990 Act for the variation of the conditions of an authorisation shall be in writing.

• (3) A person making—

• (a) a request to an enforcing authority under section 11(1)(b) of the 1990 Act for a determination of the matters mentioned in section 11(2); or

• (b) an application to such an authority under any provision of section 11 for the variation of the conditions of an authorisation,

shall furnish the authority with his name, address and telephone number and shall also furnish the authority—

• (i) in a case where the prescribed process will not be carried on by means of mobile plant, with the address of the premises where the prescribed process will be carried on;

• (ii) in a case where the process will be carried on by means of mobile plant, with the address of his principal place of business;

• (iii) in all cases, with a statement of any changes as respects any information supplied under regulation 2(1)(a) to (c) above.

• (iv) in a case where the holder of the authorisation is a body corporate which is a subsidiary of a holding company (within the meaning of section 736 of the Companies Act 1985) and the information has not already been supplied under regulation 2(1)(a) above, with the name of the ultimate holding company and the address of its registered or principal office.

• (4) Subject to paragraph (5) below, a person making—

• (a) a request to an enforcing authority under section 11(1)(b) of the 1990 Act for a determination of the matters mentioned in section 11(2); or

• (b) an application to such an authority under section 11(5) for the variation of the conditions of an authorisation,

shall also furnish the authority with—

• (i) a description of any proposed change in the manner in which the prescribed process will be carried on;

• (ii) a statement of any changes as respects the matters dealt with in regulation 2(1)(e) to (i) above which would result if any proposed change in the manner of carrying on the prescribed process were made;

• (iii) any additional information which he wishes the authority to take into account in considering his application; and

• (iv) in the case of an application under section 11(5) of the 1990 Act, an indication of the variations which he wishes the authority to make.

• (5) Paragraph (4) above shall apply in relation to a process mentioned in regulation 2(3) above as if sub-paragraph (ii) were omitted.

• (6) A person making an application to an enforcing authority under section 11(3)(b) or (4)(b) of the 1990 Act ... for the variation of the conditions of an authorisation shall also furnish the authority with—

• (a) an indication of the variations which he wishes the authority to make;

• (b) a statement of any changes in any information supplied to the authority under paragraph (3) above; and

• (c) any additional information which he wishes the authority to take into account in considering his application.

• (7) A person making an application to an enforcing authority for the variation of the conditions of an authorisation under section 11(6) of the 1990 Act shall also furnish the authority with—

• (a) an indication of the variations which he wishes the authority to make; and

• (b) any additional information which he wishes the authority to take into account in considering his application.

Consultation

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• (1) Subject to regulations 6 and 7(2) below, and except in the case of a prescribed process to which regulation 6A below applies, the persons to be consulted under paragraph 2, 6 or 7 of Schedule 1 to the 1990 Act are—

• (a) the Health and Safety Executive, in all cases except, in the case of a prescribed process designated for local control, where the enforcing authority has, within the period specified in paragraph (2) below, notified the Health and Safety Executive that the application has been made or, as the case may be, that notification has been given pursuant to section 10(5) of the 1990 Act;

• (b) the Minister of Agriculture, Fisheries and Food, in the case of all prescribed processes designated for central control which will be carried on in England;

• (c) the Secretary of State for Wales, in the case of all prescribed processes designated for central control which will be carried on in Wales;

• (d) the Secretary of State for Scotland, in the case of all prescribed processes designated for central control which will be carried on in Scotland;

• (e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (f) the sewerage undertaker or, in relation to Scotland, the sewerage authority, in the case of all prescribed processes designated for central control which may involve the release of any substance into a sewer vested in the undertaker or the authority;

• (g) the Nature Conservancy Council for England, Scottish Natural Heritage or the Countryside Council for Wales—

• (i) in the case of all prescribed processes designated for central control which may involve a release of any substance;

• (ii) in the case of all prescribed processes designated for local control which may involve a release of any substance into the air,

which may affect a site of special scientific interest within the body's area;

• (h) the harbour authority, in the case of all prescribed processes designated for central control which may involve a release of any substance into a harbour managed by the harbour authority.

• (i) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (j) the local authority in whose area the process will be carried on, in the case of all prescribed processes (other than those which will be carried on by means of mobile plant) designated for central control, or in respect of which a direction under section 4(4) of the 1990 Act is in force, which will be carried on in England and Wales;

• (k) the local authority in whose area the process will be carried on, in the case of all prescribed processes (other than those which will be carried on by means of mobile plant) which will be carried on in Scotland;

• (l) the local fisheries committee, in the case of all prescribed processes designated for central control which may involve a release of any substance directly into relevant territorial waters or coastal waters within the sea fisheries district of that committee.

• (1A) The petroleum licensing authority in whose area the process will be carried on (if it is not the enforcing authority) is hereby prescribed as a person to be consulted under paragraph 2(1), 6(2) or 7(2) of Schedule 1 to the 1990 Act in the case of a prescribed process to which regulation 6A below applies, except where the enforcing authority has, within the period specified in paragraph (2) below, notified that authority that the application has been made or, as the case may be, that notification has been given pursuant to section 10(5) of the 1990 Act.

• (2) Subject to regulation 7(5)(a) below, the period for notification under paragraph 2(1), 6(2) or 7(2) of Schedule 1 to the 1990 Act shall be the period of 14 days beginning with—

• (a) in the case of a notification under paragraph 2(1), the day on which the enforcing authority receives the application for an authorisation;

• (b) in the case of a notification under paragraph 6(2), the day on which the authority notifies the holder of an authorisation in accordance with section 10(5) of that Act; and

• (c) in the case of a notification under paragraph 7(2), the day on which the authority receives the application for a variation of an authorisation.

• (3) In paragraph (1)(h) above and regulation 7(3)(c) below, “harbour authority” has the same meaning as in section 57(1) of the Harbours Act 1964[^f00003].

• (4) In paragraph (1)(f) above “sewerage authority” shall be construed in accordance with section 62 of the Local Government etc. (Scotland) Act 1994.

• (5) In paragraph (1)(j) above “local authority” means—

• (a) in England—

• (i) the council of a county, so far as it is the council of an area for which there are no district councils;

• (ii) a district council;

• (iii) the council of a London borough;

• (iv) the Council of the Isles of Scilly;

• (v) the Common Council of the City of London and, as respects the Temples, the Sub-Treasurer of the Inner Temple and the Under-Treasurer of the Middle Temple respectively;

• (b) in Wales, the council of a county or county borough.

• (6) In paragraph (1)(k) above “local authority” means a council for an area constituted under section 2 of the Local Government etc. (Scotland) Act 1994.

• (7) In paragraph (1)(l) above “relevant territorial waters” and “coastal waters” have the same meaning as in Part III of the Water Resources Act 1991

• (8) In paragraph (1A) above “petroleum licensing authority” means a local authority empowered to grant petroleum spirit licences under the Petroleum (Consolidation) Act 1928.

Advertisements

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• (1) Subject to paragraph (4) and regulations 6 and 6A below, an advertisement—

• (a) by an applicant under paragraph 1(2) of Schedule 1 to the 1990 Act; or

• (b) by the holder of an authorisation under paragraph 6(2) or 7(2) of that Schedule,

shall be published in one or more newspapers circulating in the locality in which the prescribed process will be carried on

and also, in the case of a prescribed process designated for central control—

• (i) if the process will be carried on in England and Wales otherwise than by means of mobile plant, or will be carried on by means of mobile plant by a person whose principal place of business in Great Britain is in England and Wales, in the London Gazette;

• (ii) if the process will be carried on in Scotland otherwise than by means of mobile plant, or will be carried on by means of mobile plant by a person whose principal place of business in Great Britain is in Scotland, in the Edinburgh Gazette.

• (2) Subject to regulation 7(5)(b) below, any such advertisement as is mentioned in paragraph (1) above shall be published within a period of 28 days beginning 14 days after—

• (a) in the case of an advertisement under paragraph 1(2) of Schedule 1 to the 1990 Act, the day on which the application for an authorisation is made;

• (b) in the case of an advertisement under paragraph 6(2) of that Schedule, the day on which the holder of the authorisation is notified in accordance with section 10(5) of that Act;

• (c) in the case of an advertisement under paragraph 7(2) of that Schedule, the day on which the application for a variation is made.

• (3) Subject to regulation 7(4) below, any such advertisement as is mentioned in paragraph (1) above shall—

• (a) state the name of the applicant or, as the case may be, of the holder of the authorisation;

• (b) except in the case of a prescribed process which will be carried on by means of mobile plant give the address of the premises on which the prescribed process will be carried on;

• (c) describe briefly the prescribed process;

• (d) state where any register which contains particulars of the application or of the action to be taken may be inspected and that it may be inspected free of charge; and

• (e) explain that any person may make representations in writing to the enforcing authority within the period of 28 days beginning with the date of the advertisement and give the authority’s address.

• (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 placed, 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.

• (4) The requirement in paragraph (1) of this regulation to publish an advertisement in one or more newspapers circulating in the locality in which the prescribed process will be carried on does not apply in relation to any prescribed process which will be carried on by means of mobile plant.

Exemption for waste oil burners

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