The Offshore Combustion Installations (Prevention and Control of Pollution) Regulations 2001

Reconsideration and updating of permit conditions

9.—(1) The Secretary of State shall at such intervals as he shall think fit review the conditions attached to every permit granted under these Regulations.

(2) The Secretary of State shall review the conditions of a permit where in his opinion—

(a) the pollution caused by the installation is of such significance that all or any emission limit values of the permit need to be revised;

(b) substantial changes in best available techniques make it possible to reduce emissions significantly without incurring excessive costs; or

(c) the operational safety of the process or activity requires other techniques to be used.

(3) Where the Secretary of State considers that the conditions of a permit should be revised, he shall not less than 14 days prior to the day on which such notice states that the revised permit will have effect (“the relevant day”), give notice to the operator of the installation concerned of his intention to issue the operator with a revised permit and of its terms.

(4) The operator shall be entitled to make representations, either in writing or by such electronic means as the Secretary of State may determine, as to whether such a revised permit should be issued and as to its terms.

(5) If no representations are received prior to the relevant day, the revised permit shall be issued and shall come into effect on that day.

(6) If representations are received prior to the relevant day the Secretary of State shall consider them in determining whether the revised notice should be amended, withdrawn or issued as originally notified under paragraph (3) above and may determine that the revised notice should come into effect on a later day than the relevant day.