The Control of Pollution (Applications and Registers) Regulations (Northern Ireland) 2001

Timing of advertisements

4.—(1) An application to which regulation 3 applies shall be advertised in accordance with paragraph (2) of that regulation within the period of 28 days beginning 14 days after the relevant date.

(2) Subject to paragraphs (3) to (5), the relevant date in relation to an application shall be the date on which the Department receives the application.

(3) In a case where the Department has notified the applicant within 14 days of the receipt of the application that it refuses to proceed with the application until information required by paragraph 1(3) or (4) of Schedule 1 to the 1999 Order (duty to provide the Department with information) is provided, the relevant date shall be the date on which the Department is finally provided with the information required.

(4) In a case where a matter falls to be determined under Article 31 of the 1999 Order (exclusion from registers of information affecting national security), the relevant date shall be the date on which the Secretary of State notifies the applicant of his determination.

(5) In a case where a matter falls to be determined under Article 32 of the 1999 Order (exclusion from registers of certain confidential information), the relevant date shall be—

(a) if the Department is treated by virtue of Article 32(3) of that Order as having determined that the information in question is commercially confidential, the date on which the period of 14 days mentioned in Article 32(3) expires;

(b) if the Department determines under Article 32(2) or (4) of that Order that the information in question is commercially confidential, the date on which the Department notifies the applicant of its determination;

(c) if the Department determines under Article 32(2) or (4) of that Order that the information in question is not commercially confidential—

(i) the date on which the period for appealing expires without an appeal having been made;

(ii) the date on which the Water Appeals Commission notifies the Department and the applicant of its decision on the appeal; or

(iii) the date on which the appeal is withdrawn.

(6) Where the relevant date for the purposes of this regulation in relation to an application is later than the date on which the application is received, a period of 4 months beginning with the relevant date shall be substituted for the period of 4 months specified in paragraph 2(2) of Schedule 1 to the 1999 Order (failure to determine application within 4 months or longer period agreed with applicant).