The Industrial Pollution Control (Applications, Appeals and Registers) Regulations (Northern Ireland) 1998

National security and confidential information

8.—(1) This regulation applies where in relation to an application or an authorisation—

(a) a direction given by the Secretary of State under Article 21(2) of the Order applies;

(b) notice is given to the Secretary of State under Article 21(4) of the Order;

(c) an application is made to an enforcing authority under Article 22(2) of the Order; or

(d) an objection is made to such an authority under Article 22(4) of the Order.

(2) Subject to paragraph (3), the requirements of paragraphs 2(1), 6(2), or 7(2) of Schedule 1 shall not apply in so far as they would require a person mentioned in regulation 5(1)(d) or (e) to be consulted on information which is not to be included in the register by virtue of Article 21 or 22 of the Order.

(3) Information which is not to be included in the register by virtue of Article 22 of the Order shall not be excluded by paragraph (2) if—

(a) in the case of a district council mentioned in regulation 5(1)(d) it is information about the release of any substance—

(i) into any environmental medium from a prescribed process designated for integrated central control; or

(ii) into the air from a prescribed process designated for restricted central control; or

(b) in the case of a harbour authority mentioned in regulation 5(1)(e) it is information about the release of any substance from a prescribed process designated for integrated central control into a harbour managed by the harbour authority.

(4) The requirements of paragraph 1(2), 6(2), or 7(2) of Schedule 1 shall not apply in so far as they would require the advertisement of information mentioned in regulation 6(3) which is not to be included in the register by virtue of Article 21 or 22 of the Order.

(5) Where a matter falls to be determined under Article 21 or 22 of the Order—

(a) the period for notification under paragraph 2(1), 6(2) or 7(2) of Schedule 1 shall be the period of 14 days beginning 14 days after the day on which the matters to be determined under Article 21 or 22 of the Order are finally disposed of;

(b) the period within which an advertisement is to be published in the manner specified in regulation 6(1) shall be the period of 28 days beginning 14 days after the day on which the matters to be determined under Article 21 or 22 of the Order are finally disposed of.

(6) For the purposes of paragraph (5) the matters to be determined under Article 21 or 22 of the Order are finally disposed of—

(a) on the date on which the Secretary of State determines under Article 21 of the Order whether or not information is to be included in the register;

(b) on the date on which the enforcing authority is treated under Article 22(3) of the Order as having made a determination;

(c) in a case where the enforcing authority determines under Article 22(2) or (4) of the Order that the information in question is commercially confidential, on the date of the authority’s determination;

(d) in a case where the enforcing authority determines under Article 22(2) or (4) of the Order that the information in question is commercially confidential, on the date on which the period for bringing an appeal expires without an appeal being brought or, if such an appeal is brought within that period, on the date of the final determination of the appeal by the Department or, as the case may be, the date on which the appellant withdraws his appeal.