The Storage of Carbon Dioxide (Licensing etc.) (Scotland) Regulations 2011

Review, modification and revocation of storage permit

10.—(1) Subject to paragraph (2), where a notification is made in accordance with provisions in the storage permit included by virtue of regulation 8(d) and paragraph 4 of Schedule 2, the authority—

(a) may make such modifications to the storage permit as the authority considers appropriate; and

(b) must notify the operator of—

(i) the date on which any such modifications are to come into effect; and

(ii) the date on which the change may be implemented.

(2) Where it appears to the authority that the matters so notified would amount to a substantial change, the authority must—

(a) make such modifications to the storage permit as the authority considers appropriate (and make a notification in accordance with paragraph (1)(b)); or

(b) notify the operator that the change must not be implemented.

(3) The authority must make a notification under paragraph (1)(b) or (2) on or before—

(a) the date (“the target date”) on which the operator proposes to implement a change notified under provisions in the storage permit included by virtue of regulation 8(d) and paragraph 4(1) of Schedule 2; or

(b) a later date if the authority considers more time is required to allow it to make a notification.

(4) The authority shall notify the operator of the later date—

(a) no less than one week before the target date; or

(b) if one or more later dates have already been notified by the authority; no less than one week before the date most recently notified.

(5) This paragraph applies where the authority becomes aware of—

(a) any (or any risk of) leakages or significant irregularities;

(b) any breach of the terms or conditions of the storage permit; or

(c) any scientific finding or technological development which appears to have a bearing on the conduct of operations at the storage site.

(6) The authority must consider whether to modify or revoke the storage permit—

(a) where paragraph (5) applies; and

(b) on the date (“the review date”) falling on the fifth anniversary of the grant of the storage permit, and on every tenth anniversary of the review date.

(7) Following that consideration, the authority may—

(a) make such modifications to the storage permit as the authority considers appropriate; or

(b) if it decides that modification of the permit would be insufficient in the light of the matters referred to in paragraph (5), revoke the permit.

(8) Before making any revocation or modification under this regulation, the authority must consult the operator and any other licence holder.