The Environmental Protection (Prescribed Processes and Substances) (Amendment) (Hazardous Waste Incineration) Regulations 1998

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Environmental Protection (Prescribed Processes and Substances) (Amendment) (Hazardous Waste Incineration) Regulations 1998 and shall, subject to regulation 3, come into force on 13th April 1998.

(2) In these Regulations:

(a) “the Act” means the Environmental Protection Act 1990;

(b) “the determination date” for a prescribed process means—

(i) in the case of a process for which an authorisation is granted, the date on which the enforcing authority grants it, whether in pursuance of the application or, on an appeal, of a direction to grant it;

(ii) in the case of a process for which authorisation is refused and the applicant appeals against the refusal, the date of the affirmation of the refusal;

(iii) in the case of a process for which authorisation is refused and no appeal is made against the refusal, the date immediately following the last day, determined in accordance with regulation 10(1) of the Environmental Protection (Applications, Appeals and Registers) Regulations 1991(1) on which notice of appeal might have been given;

(c) “established authorised process” means a process described in paragraph (bb) of Section 5.1, Part A, in Schedule 1 to the principal Regulations which, immediately before 13th April 1998—

(i) is a Part B process authorised by an authorisation granted by the local enforcing authority before 31st December 1996; or

(ii) is not a prescribed process but could be carried out in accordance with a planning permission granted before 31st December 1996;

(d) “Part A application” means, in relation to a process, an application made in accordance with section 6 of, and Part I of Schedule 1 to, the Act for an authorisation to carry out the process as a Part A process;

(e) “Part A process” and “Part B process” have the same meaning as in the principal Regulations;

(f) “planning permission” means permission granted under the Town and Country Planning Act 1990(2) or the Town and Country Planning (Scotland) Act 1997(3);

(i) “the principal Regulations” means the Environmental Protection (Prescribed Processes and Substances) Regulations 1991(4);

(j) “recently authorised process” means a process described in paragraph (bb) of Section 5.1, Part A, in Schedule 1 to the principal Regulations which, immediately before 13th April 1998—

(i) is a Part B process authorised by an authorisation granted by the local enforcing authority on or after 31st December 1996; or

(ii) is not a prescribed process but could be carried out in accordance with a planning permission granted on or after 31st December 1996.

(1)

S.I. 1991/507.

(2)

1990 c. 8.

(3)

1997 c. 8.

(4)

S.I. 1991/472; relevant amendments are made by S.I. 1994/1271.