The Pollution Prevention and Control (Public Participation)(England and Wales) Regulations 2005
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The Secretary of State, in exercise of the powers conferred on her by section 2 of the Pollution Prevention and Control Act 1999[1], having, in accordance with subsection (4) of that section, consulted the Environment Agency, such bodies or persons appearing to her to be representative of the interests of local government, industry, agriculture and small businesses respectively as she considers appropriate and such other bodies and persons as she considers appropriate, hereby makes the following Regulations: Citation, commencement and extent 1. —(1) These Regulations may be cited as the Pollution Prevention and Control (Public Participation) (England and Wales) Regulations 2005 and shall come into force on 25th June 2005. (2) These Regulations extend to England and Wales. Amendment to the Pollution Prevention and Control (England and Wales) Regulations 2000 2. —(1) The Pollution Prevention and Control (England and Wales) Regulations 2000[2] shall be amended as follows. (2) In regulation 2 (Interpretation: general), after paragraph (2B) insert a new paragraph (2C) as follows—
(3) Schedule 4 (Grant of Permits) shall be
amended as follows—
(b) in paragraph 6(e), after the word "where" insert the words ",
and in the case of an application for a permit to operate a Part A
installation, how and at what times,";
(b) where applicable, state that the determination of the application is subject to a national or transboundary environmental impact assessment or to consultations between member States in accordance with paragraph 17."; (d) in paragraph 7, after the words "paragraphs 1 and 6" insert
the words "(and where applicable 6A)";
(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 paragraph 5 or
15A."; (f) in paragraph 15, for sub-paragraph (1) substitute the
following sub-paragraph—
(b) in the case of an application for a permit to operate a new Part A installation, its draft determination, within the period of four months beginning with the day on which
it received the duly made application or within such longer period
as may be agreed with the applicant.";
(b) take all relevant steps specified in the advertisement as falling to be carried out by the regulator, 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 Secretary of State to another member State under paragraph
17, the regulator shall forward copies of the draft determination
and of the advertisement made pursuant to this paragraph to the
Secretary of State at the same time as the draft determination is
advertised.
(ii) a copy of the draft determination; (iii) information on any guidance issued by the Secretary of State to the regulator relevant to the application; and (iv) information on the arrangements for public participation and the reasons and considerations on which the draft determination is based; may be inspected and that it may be inspected free of
charge;
(bb) include in the register a copy of the final determination, together with a statement confirming that no representations have been made on the draft determination, within the period of 5 working days starting with the day on
which the period referred to in sub-paragraph (b) ends or, where
applicable, the day on which the period specified under
paragraph 18A for the Secretary of State to forward
representations to the regulator ends; or
(bb) include in the register a copy of the final determination, together with information on the reasons and considerations on which the determination is based, including information on the public participation process; and (cc) advertise the notice on its web-site and, if it considers it appropriate, by any other means, within the period of 15 working days starting with the day on
which the period referred to in sub-paragraph (b) ends or, where
applicable, the day on which the period specified under
paragraph 18A for the Secretary of State to forward
representations to the regulator ends or within such longer
period as may be agreed with the applicant. (2) Where the draft determination has
been forwarded to the Secretary of State pursuant to paragraph
15A(2)—
(b) the Secretary of State 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 sub-paragraph as soon as practicable after the date of receipt."; (h) in paragraph 16—
(ii) for the words "the period" where they first appear, substitute the words "the applicable period"; (iii) for the words "paragraph 15" substitute the words "paragraph 15 or paragraph 15B"; (i) in paragraph 17—
(b) where applicable, a copy of the draft determination in respect of that application together with a copy of the advertisement made under paragraph 15A, to the other member State at the same time as the application or
draft determination are advertised pursuant to paragraph 5 or
15A";
(ii) in paragraph (1)(b) after the word "determination" insert the words "or to provide a draft determination"; (k) After paragraph 18, insert a new paragraph as
follows—
(2) In paragraphs 17, 18 and 18A, "member
State" shall be taken to include Norway, Iceland and
Liechtenstein.". (4) Schedule 7 (Variation of Conditions)
shall be amended as follows—
(ii) vary the conditions of a permit to operate a Part A installation as a result of a review under regulation 15(2)(a)."; (ii) in sub-paragraph (2) delete from the words "no substantial
change" to the end and insert the words "sub-paragraph (1) does
not apply."; and
(ii) information on any guidance issued by the Secretary of State to the regulator relevant to the determination of the proposed variation."; (iv) in sub-paragraph (9)—
(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 regulator under sub-paragraph (5)(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.";
(ii) in the case of a proposed variation notice, describe the contents of that notice; (iii) where applicable, state that the determination of the application or the serving of the variation notice is subject to a national or transboundary environmental impact assessment or to consultations between member States in accordance with paragraph 9; (iv) where applicable, explain that any guidance issued by the Secretary of State to the regulator relevant to the determination of the proposed variation which has been provided to the operator under sub-paragraph (5)(d)(ii) has been included in the register."; (v) in sub-paragraph (12), for paragraph (b) substitute the
following paragraph—
(ii) for draft determinations the period of 20 working days, beginning with the date on which the application, the proposed
variation or the draft determination is advertised pursuant to
sub-paragraph (8) or paragraph 7A."; (b) after paragraph 6, insert a new paragraph as
follows—
(ii) include in the register a copy of the variation notice, together with a statement confirming that no representations have been received by the regulator on the proposed variation; and (iii) where paragraph 9 applies, forward a copy of the variation notice together with the statement specified in sub-paragraph (ii) to the Secretary of State, within the period of 5 working days starting with the day on
which the period allowed by paragraph 4(12) ends or, where
applicable and if later, the day on which the regulator receives
the Secretary of State's notification that the bilateral
consultations have been completed pursuant to paragraph 10(b);
or
(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 9 applies, forward a copy of the variation notice and the information specified in sub-paragraph (ii) to the Secretary of State, within the period of 15 working days starting with the day on
which the period allowed by paragraph 4(12) ends or, where
applicable and if later, the day on which the regulator receives
the Secretary of State's notification that the bilateral
consultations have been completed pursuant to paragraph 10(b) or
within such longer period as may be agreed with the
applicant. (2) The Secretary of State shall forward
to the member State to which the proposed variation has been
forwarded under paragraph 9, a copy of the variation notice and the
information specified in sub-paragraph (1)(a)(iii) or (1)(b)(iv) as
the case may be, as soon as practicable after the date of
receipt.
(b) in the case of an application under regulation 17(2) for a variation to which paragraph 4(1)(b)(i) applies and which affects the operation of a Part A installation, its draft determination, within the period specified in sub-paragraph
(2).
(b) where that procedure does not apply, the period of three months beginning with the day on which the regulator received the application, or, in either case, such longer period as may be agreed with the
operator.
(b) take all relevant steps specified in the advertisement as falling to be carried out by the regulator, 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 Secretary of State to another member State under paragraph 9,
the regulator shall forward copies of the draft determination and of
the advertisement made pursuant to this paragraph to the Secretary
of State at the same time as the draft determination is
advertised.
(ii) a copy of the draft determination; (iii) information on any guidance issued by the Secretary of State to the regulator relevant to the application; and (iii) information on the arrangements for public participation and the reasons and considerations on which the draft determination is based; may be inspected and that it may be inspected free of
charge;
(bb) include in the register a copy of the final determination, together with a statement confirming that no representations have been received by the regulator on the draft determination, within the period of 5 working days starting with the day on
which the period referred to in sub-paragraph (b) ends or, where
applicable, the day on which the period specified under
paragraph 11A for the Secretary of State to forward
representations to the regulator ends; or
(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 starting with the day on
which the period referred to in sub-paragraph (b) ends or, where
applicable, the day on which the period specified under
paragraph 11A for the Secretary of State to forward
representations to the regulator ends or, within such longer
period as may be agreed with the applicant. (2) Where the draft determination has
been forwarded to the Secretary of State pursuant to paragraph
7A(2)—
(b) the Secretary of State shall forward to the member State to which the draft determination has been forwarded under paragraph 9 copies of the documents specified in the previous sub-paragraph as soon as practicable after the date of receipt."; (e) in paragraph 8—
(ii) for the words "the period" where they first appear, substitute the words "the applicable period"; (iii) for the words "paragraph 7" substitute the words "paragraph 7 or paragraph 7B"; (f) in paragraph 9 —
(b) where applicable, a copy of the draft determination in respect of that application together with a copy of the advertisement made under paragraph 7A, to the other member State at the same time as the application,
proposed variation notice or draft determination are advertised
pursuant to paragraphs 4(8) and 7A";
(ii) in sub-paragraph (b)—
(bb) for the words "paragraph 7(1)(a)" substitute the words "paragraph 7(2)(a)"; (h) After paragraph 11, insert a new paragraph as
follows—
(2) In paragraphs 9 to 11 and 11A, "member State" shall be taken to include Norway, Iceland and Liechtenstein.". (5) In Schedule 9 (Registers) after
paragraph 1(bb) insert a new sub-paragraph (cc) as follows—
Transitional Provisions
(b) a variation notice which has been served on the operator pursuant to paragraph 4(5)(c) of Part 2 of Schedule 7 to the 2000 Regulations, before the date of coming into force of these Regulations, and the
procedure prescribed by the 2000 Regulations immediately before these
Regulations came into force shall continue to apply in relation to any
such application or variation
notice. (This note is not part of the Regulations) These Regulations are made under section 2 of the Pollution Prevention and Control Act 1999 (1999 c.24). They implement in England and Wales the amendments to the public participation provisions in Directive 96/61/EC made by Article 4 of Directive 2003/35/EC providing for public participation in respect of the drawing up of certain plans and programmes relating to the environment and amending with regard to public participation and access to justice Council Directives 85/337/EEC and 96/61/EC (the Public Participation Directive). The requirements of Directive 96/61/EC concerning integrated pollution prevention and control have been implemented in England and Wales by means of the Pollution Prevention and Control Regulations (S.I. 2000/1973) (the 2000 Regulations). These Regulations amend regulation 2 and the procedures for public participation in Schedules 4 (Grant of Permits) and 7 (Variation of Conditions) to the 2000 Regulations in order to implement the additional public participation requirements in paragraphs 1 to 3, 5 and 6 of article 4 of the Public Participation Directive. These requirements apply to all applications for permits to operate new Part A installations and to variations authorising substantial changes in the operation of a Part A installation or variations resulting from a review by the regulator of a Part A installation under regulation 15(2)(a) of the 2000 Regulations. Regulation 2(2) inserts a new paragraph (2C) in regulation 2 of the 2000 Regulations (Interpretation: general) to expand the definition of "substantial change in operation" as required by paragraph 1(a) of article 4 of the Public Participation Directive. Regulation 2(3) amends Schedule 4 to the 2000 Regulations, which sets out the procedures for applications and determination of permits under regulation 10 of those Regulations. In particular—
(ii) Regulations 2(3)(b) to (l) extend the public participation requirements in Parts 1 and 2 of Schedule 4 to apply the new requirements in article 4 of the Public Participation Directive to applications for permits to operate new Part A installations, within the meaning of paragraph 6 of Part 1 of Schedule 3 to the 2000 Regulations. (iii) Regulations 2(3)(b) and (c) provide for additional advertisement requirements in respect of applications for permits to operate new Part A installations. (iv) Regulations 2(3)(f) to (l) amend the provisions in Parts 1 and 2 of Schedule 4 to provide for a new "draft determination" stage, which includes additional obligations to advertise, to inform other member States in the case of installations with transboundary effects, to allow for representations from interested parties, and to provide or make available the additional information specified in Annex V to the Public Participation Directive. Regulation 2(4) amends Schedule 7 to the 2000 Regulations, which
sets out the procedures for the variation of conditions of permits
under regulation 17 of those Regulations. In particular—
(bb) variations in the conditions of a permit to operate a Part A installation proposed by the regulator and resulting from a review under regulation 15(2)(a) of the 2000 Regulations; (ii) Regulation 2(4)(a) amends paragraph 4 of Schedule 7 to the
2000 Regulations to require the regulator to furnish the operator
with additional information as well as to provide for additional
advertisement requirements in respect of variations affecting the
operation of Part A installations; Regulation 2(5) inserts a new sub-paragraph to Schedule 9
(Registers) to require the regulator to include in the register the
information resulting from the new public participation requirements
specified by these Regulations. Notes: [1] 1999 c. 24; the Secretary of State can exercise these powers only in relation to England and Wales: see section 53 of the Scotland Act 1998 (c.46) and section 5(3) of the Pollution Prevention and Control Act 1999.back [2] S.I. 2000/1973 amended by S.I. 2001/503, 2002/275, 2002/1559, 2002/1702, 2002/2469, 2002/2688, 2002/2980, 2003/1699, 2003/3296, 2003/3311, 2004/107, 2004/1375, 2004/3276; there is other amending legislation but none of it is relevant.back
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