The Control of Pollution (Applications and Registers) Regulations (Northern Ireland) 2001

Regulation 6

SCHEDULE Discharge Consents Without Applications

Advertisements

1.—(1) Notice of any discharge consent given by the Department under paragraph 4 of Schedule 1 to the 1999 Order (discharge consents without applications) shall be published:

(a) in one or more newspapers circulating in—

(i) the locality in which the discharges are made; and

(ii) the locality in which the waterway or underground stratum which may be affected by the discharges is situated.

(2) Subject to sub-paragraph (3), the notice shall—

(a) state the name of the person to whom the discharge consent was given;

(b) specify where the discharges are made;

(c) describe briefly the nature of the discharges;

(d) state where the register containing information about the discharges may be inspected, the times at which the register is open for inspection and that the register may be inspected free of charge;

(e) explain that any person may make representations in writing to the Department within the period of 42 days beginning on the day the notice is published and give the address to which representations are to be sent.

(3) Nothing in sub-paragraphs (1) or (2) shall require the disclosure of any information which is not to be included in a register by virtue of Article 31 or 32 of the 1999 Order (exclusion from registers of information affecting national security and of certain confidential information).

Timing of advertisements

2.—(1) In the case of any discharge consent to which paragraph 1 applies, advertisements required by sub-paragraph (1) of that paragraph shall be published within the period of 28 days beginning with the relevant date.

(2) Subject to sub-paragraphs (3) and (4), the relevant date in relation to any such discharge consent shall be the date on which it comes into force.

(3) In a case where a matter falls to be determined under Article 31 of the 1999 Order (exclusion from registers of information affecting national security), the relevant date shall be the date on which the Secretary of State notifies the applicant of his determination.

(4) In a case where a matter falls to be determined under Article 32 of the 1999 Order (exclusion from registers of certain confidential information), the relevant date shall be—

(a) if the Department determines under Article 32(4) of the 1999 Order that the information in question is commercially confidential, the date on which the Department notifies the applicant of its decision;

(b) if the Department determines under Article 32(4) of the 1999 Order that the information in question is not commercially confidential—

(i) the date on which the period of appealing expires without an appeal having been made;

(ii) the date on which the Water Appeals Commission notifies the applicant of its final determination of the appeal; or

(iii) the date on which the appeal is withdrawn.