The Offshore Combustion Installations (Pollution Prevention and Control) Regulations 2013

Variation of conditions in permits [F1 for large combustion installations] following a review further to regulation 13(2)(c) U.K.

15.—(1) This regulation applies where the Secretary of State considers that a variation of the conditions in a permit [F2 which relates to the operation of a large combustion installation] is required further to a review of the conditions, where the review was undertaken (in whole or part) further to regulation 13(2)(c).

(2) The Secretary of State must make publicly available a notice which contains the matters in paragraph (3)(“variation notice”).

(3) The matters referred to in paragraph (2) are—

(a) a copy of the intended variation of the conditions;

(b) that representations by the operator and the public may be sent to the Secretary of State in respect of the variation;

(c) where those representations are to be sent;

(d) the date by which those representations must be received, which must be no earlier than 4 weeks after the variation notice is made public;

(e) when the intended variation of the conditions is to take effect (“variation date”);

(f) the possible decisions which may be made by the Secretary of State in response to representations; and

(g) such other information as the Secretary of State considers relevant.

(4) Where the Secretary of State—

(a) holds information which was not included in the variation notice; and

(b) which the Secretary of State considers is relevant to the intended variation,

the Secretary of State must make publicly available as soon as possible a notice which contains the matters in paragraph (5)(“a supplemental notice”).

(5) The matters referred to in paragraph (4) are—

(a) the additional information;

(b) reference to the variation notice and any previous supplemental notice;

(c) where those notices are publicly available; and

(d) any amendment of—

(i) the date by which representations from the operator and public must be received, which date must not be earlier than the date given for that purpose in the variation notice; or

(ii) the variation date.

(6) The Secretary of State must take into account any representations from the operator and public received by the date set out in the variation notice or any supplemental notice.

(7) The Secretary of State must—

(a) give effect to a variation of the conditions in such amended form and on the variation date or such later date, as the Secretary of State considers appropriate; or

(b) withdraw the variation notice.

(8) The Secretary of State must as soon as possible give notice of a decision under paragraph (7) to the operator and make that notice publicly available.

Textual Amendments

F1 Words in reg. 15 heading inserted (18.7.2018) by The Offshore Combustion Installations (Pollution Prevention and Control) (Amendment) Regulations 2018 (S.I. 2018/798), regs. 1, 23(a)

F2 Words in reg. 15(1) inserted (18.7.2018) by The Offshore Combustion Installations (Pollution Prevention and Control) (Amendment) Regulations 2018 (S.I. 2018/798), regs. 1, 23(b)