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

Determining applications [F1 : large combustion installations] U.K.

7.—(1) Before granting or refusing an application for a permit [F2 for the operation of a large combustion installation], the Secretary of State must take into account—

(a) representations received—

(i) from the public by the date provided for their receipt in the application notice or any supplemental notice; and

(ii) where regulation 6(1) applies, from [F3 a member State] by the date provided under regulation 6(3);

and

(b) F4 ... any relevant information obtained by or provided to the Secretary of State and any conclusion of the Secretary of State [F5 under retained EU law that implemented Articles 4,] 5, 6, 7 and 9 of the EIA Directive.

(2) The Secretary of State must grant a permit [F6 for the operation of a large combustion installation] to an applicant if the Secretary of State is satisfied that the [F7 large combustion installation] will be operated in compliance with the 2010 Directive.

(3) The Secretary of State must in particular be satisfied that the applicant will operate the [F8 large combustion installation] in accordance with the principles that—

(a) all appropriate measures are taken to prevent pollution, including by the application of best available techniques;

(b) no significant pollution will be caused;

(c) the production of non-gaseous waste is avoided where possible by the use of—

(i) clean technologies which are sparing in their use of natural resources; or

(ii) products designed to reduce the amount or harmfulness of waste;

(d) where non-gaseous waste is produced, it is—

(i) prepared for reuse, recycled or recovered; or

(ii) where compliance with paragraph (i) is not technically and economically possible, disposed of in such a way as to avoid or minimise any impact on the environment;

(e) energy is used efficiently;

(f) necessary measures are taken to prevent accidents which may affect the environment and to limit the environmental consequences of accidents;

(g) necessary measures are taken when the operation finally ceases—

(i) to decommission and remove the [F9 combustion plant]; and

(ii) to avoid any risk of pollution arising in consequence of the decommissioning and removal.

Textual Amendments

F1 Words in reg. 7 heading inserted (18.7.2018) by The Offshore Combustion Installations (Pollution Prevention and Control) (Amendment) Regulations 2018 (S.I. 2018/798), regs. 1, 10(a)

F2 Words in reg. 7(1) inserted (18.7.2018) by The Offshore Combustion Installations (Pollution Prevention and Control) (Amendment) Regulations 2018 (S.I. 2018/798), regs. 1, 10(b)

F3 Words in reg. 7(1)(a)(ii) substituted (31.12.2020) by The Pipe-lines, Petroleum, Electricity Works and Oil Stocking (Miscellaneous Amendments) (EU Exit) Regulations 2018 (S.I. 2018/1325), regs. 1(1), 8(4); 2020 c. 1, Sch. 5 para. 1(1)

F4 Words in reg. 7(1)(b) omitted (31.12.2020) by virtue of The Pipe-lines, Petroleum, Electricity Works and Oil Stocking (Miscellaneous Amendments) (EU Exit) Regulations 2018 (S.I. 2018/1325), regs. 1(1), 8(5)(a); 2020 c. 1, Sch. 5 para. 1(1)

F5 Words in reg. 7(1)(b) substituted (31.12.2020) by The Pipe-lines, Petroleum, Electricity Works and Oil Stocking (Miscellaneous Amendments) (EU Exit) Regulations 2018 (S.I. 2018/1325), regs. 1(1), 8(5)(b); 2020 c. 1, Sch. 5 para. 1(1)

F6 Words in reg. 7(2) inserted (18.7.2018) by The Offshore Combustion Installations (Pollution Prevention and Control) (Amendment) Regulations 2018 (S.I. 2018/798), regs. 1, 10(c)(i)

F7 Words in reg. 7(2) substituted (18.7.2018) by The Offshore Combustion Installations (Pollution Prevention and Control) (Amendment) Regulations 2018 (S.I. 2018/798), regs. 1, 10(c)(ii)

F8 Words in reg. 7(3) substituted (18.7.2018) by The Offshore Combustion Installations (Pollution Prevention and Control) (Amendment) Regulations 2018 (S.I. 2018/798), regs. 1, 10(d)

F9 Words in reg. 7(3)(g)(i) substituted (18.7.2018) by The Offshore Combustion Installations (Pollution Prevention and Control) (Amendment) Regulations 2018 (S.I. 2018/798), regs. 1, 10(e)