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

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— N.I.

(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 F1 ... 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.

Textual Amendments

F1 Words in Sch. 7 para. 6(2)(g) omitted (31.12.2020) by virtue of The Environmental Protection (Amendment) (Northern Ireland) (EU Exit) Regulations 2019 (S.I. 2019/289), reg. 1, Sch. 2 para. 2(6)(a); 2020 c. 1, Sch. 5 para. 1(1)

Commencement Information

I1 Sch. 7 para. 6 in operation at 20.6.2013, see reg. 1