The Offshore Combustion Installations (Prevention and Control of Pollution) (Amendment) Regulations 2007

Amendment of 2001 Regulations

6.  In regulation 7 (Publicity regarding application for permit)—

(a) for paragraph (1) substitute—

“(1) Where the Secretary of State receives an application for a permit he shall publish a notice—

(a) in the Gazettes; and

(b) by any other means he considers appropriate (which may include an electronic communication).”;

(b) before paragraph (2), insert—

“(1A) A notice published pursuant to paragraph (1) above must—

(a) state that a copy of the application may be obtained on request;

(b) specify an address from which such a copy may be obtained;

(c) specify a date not less than 4 weeks after the date of publication in the Gazettes or, if the notice is not published on the same day in each Gazette, last such date of publication, by which persons may make representations regarding the application;

(d) specify an address to which such representations are to be sent;

(e) state, where applicable, the fact that a decision is subject to a national or transboundary environmental impact assessment pursuant to paragraphs (3) and (4) below; and

(f) state the nature of possible decisions in response to the application.

(1B) The Secretary of State shall take such steps as he considers appropriate to ensure that additional information is made available to the public forthwith so that comments may be made by persons affected by or with an interest in an application.

(1C) Where additional information is made available to the public pursuant to paragraph (1B) above, the Secretary of State shall take such steps as he considers appropriate having regard to the particular circumstances of the case, to allow persons affected by or with an interest in an application to make representations in respect of the application before a permit is granted.”;

(c) in paragraph (3)—

(i) for “Subject to paragraph (5) below” substitute “Subject to paragraphs (3A) and (5) below”; and

(ii) for “a copy of the application” substitute “the information made public pursuant to paragraphs (1) and (1B)”;

(d) before paragraph (4), insert—

“(3A) Paragraph (3) shall only apply where the Secretary of State has received an application for a permit within the meaning of Article 4 or Article 12(2) of the Directive.”;

(e) in paragraph (4), after “sent” insert—

“, and shall take into account any such representations received from persons in those EEA States”; and

(f) after paragraph (6), insert—

“(7) In this regulation “additional information” means any other information of material relevance to the Secretary of State’s decision that becomes available to the Secretary of State after an application for a permit has been submitted to him.”.