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The Pollution Prevention and Control Regulations (Northern Ireland) 2003

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Prospective

2.—(1) Subject to paragraph 4, the prescribed date for an existing Part A installation or existing Part A mobile plant is–N.I.

(a)where an application for a permit to operate the installation or mobile plant is duly made within the relevant period (or before the beginning of the relevant period where allowed under paragraph 5), the determination date for the installation or mobile plant;

(b)where no such application is made, the day after the date on which the relevant period expires.

(2) For the purpose of sub-paragraph (1) the relevant period for an existing Part A installation or existing Part A mobile plant is the period specified for that description of installation or mobile plant in the following table–

Any installation where an activity falling within the following Section of Part 1 of Schedule 1 is carried out or any mobile plant used to carry out such an activityRelevant Period
Section 1.11st – 30th April 2006
Section 1.21st – 31st July 2004
Section 2.11st – 31st July 2004
Section 2.21st – 31st July 2004
Section 2.31st – 30th April 2006
Section 3.11st – 31st July 2004
Section 3.21st – 30th April 2006
Section 3.31st – 31st July 2004
Section 3.41st – 31st July 2004
Section 3.51st – 31st July 2004
Section 3.61st – 31st July 2004
Section 4.11st – 30th April 2006
Section 4.21st – 30th April 2006
Section 4.31st – 30th September 2005
Section 4.41st – 30th April 2006
Section 4.51st – 30th April 2006
Section 4.61st – 30th April 2006
Section 4.71st – 30th September 2005
Section 5.11st – 30th September 2005
Section 5.21st January – 31st March 2007
Section 5.31st – 30th September 2005
Section 5.41st – 30th September 2005
Section 5.51st – 30th April 2006
Section 6.1 (a) – (c)1st – 31st July 2004
Section 6.1 (d)1st – 30th April 2006
Section 6.21st – 30th April 2006
Section 6.31st – 30th September 2005
Section 6.41st – 30thril 2006
Section 6.61st – 30th April 2006
Section 6.71st – 31st July 2004
Section 6.8 paragraphs (a), (b) and (c)1st – 28th February 2005
Section 6.8 paragraphs (d), (e) and (f)1st – 30th September 2005
Section 6.9

1st November 2006 to

31st January 2007

(3) For the purpose of sub-paragraph (2), where an activity falls within a description in Part A of more than one Section of Part 1 of Schedule 1 it shall be regarded as falling only within that description which fits it most aptly.

(4) Subject to sub-paragraph (5), where more than one activity falling within Part A of any Section in Part 1 of Schedule 1 is carried out in an existing Part A installation or using an existing Part A mobile plant, the relevant period for that installation or mobile plant shall be the period beginning with the earliest date listed against one of those activities in the table in sub-paragraph (2).

(5) Where more than one activity falling within Part A of any Section in Part 1 of Schedule 1 is carried out in an existing Part A installation, the operator of the installation may apply to the chief inspector to determine that the relevant period for the installation shall not be the period determined by sub-paragraph (4) but the later period listed in the table in sub-paragraph (2) against the primary activity of the installation.

(6) An application under sub-paragraph (5) shall be in writing and shall–

(a)identify the installation concerned;

(b)list the activities falling within Part A of any Section in Part 1 of Schedule 1 which are carried out in the installation;

(c)identify which of those activities the operator considers to be the primary activity,and shall be submitted at least 3 months before the beginning of the period which would be the relevant period for the installation concerned under sub-paragraph (4).

(7) Where the chief inspector receives a duly made application under sub-paragraph (5) he shall, if he agrees with the operator that the activity identified pursuant to sub-paragraph (6)(c) is the primary activity, serve notice of this determination on the operator, and the period listed against that activity in sub-paragraph (2) shall be the relevant period for the installation.

(8) Where the chief inspector does not agree with the operator as mentioned in sub-paragraph (7) he shall serve notice of this determination on the operator and the relevant period for the installation shall be the period determined by sub-paragraph (4).

(9) The chief inspector shall serve notice of his determination of any application made under sub-paragraph (5) within 2 months of receiving the application.

(10) Where there is more than one operator of an installation, an application under sub-paragraph (5) shall be made by the operators of the installation jointly and the references in sub-paragraphs (6) to (8) to the operator shall be construed as a reference to all of the operators.

(11) For the purpose of sub-paragraphs (5) to (9) the primary activity of an installation is the activity the carrying out of which constitutes the primary purpose for operating the installation.

Commencement Information

I1Sch. 3 para. 2 in operation at 31.3.2003, see reg. 1

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