but a district council shall not, without the consent of the Department of the Environment, serve any such notice in respect of noise if proceedings in respect thereof might be initiated under regulations under Article 4 of the Environment (Northern Ireland) Order 2002.

Relation to Environment (Northern Ireland) Order 200224B

1

Where an activity is subject to regulations under Article 4 of the Environment (Northern Ireland) Order 2002 (regulation of polluting activities), Articles 3 to 24A shall not apply in respect of that activity, as from the determination date for the activity in question.

2

The determination date, for an activity, is–

a

in the case of an activity for which a permit is granted, the date on which it is granted, whether in pursuance of an application or following an appeal;

b

in the case of an activity for which a permit is refused, the date of refusal, whether in pursuance of an application or following an appeal.

3

In paragraph (2) “permit” means a permit under regulations under Article 4 of the Environment (Northern Ireland) Order 2002 and the reference to an appeal is a reference to an appeal under those regulations.

or a permit under regulations under Article 4 of the Environment (Northern Ireland) Order 2002,

or a permit under the Pollution Prevention and Control Regulations (Northern Ireland) 2003.

Permits under the Pollution Prevention and Control Regulations (Northern Ireland) 2003

63A

1

Regulations 43 and 44 (requirement to consider effect on European site) apply in relation to the granting of a permit under the Pollution Prevention and Control Regulations (Northern Ireland) 2003.

2

Where in such a case the competent authority considers that any adverse effects of the plan or project on the integrity of the European site would be avoided if the permit were subject to conditions, it may grant a permit, or cause a permit to be granted, subject to those conditions.

3

Regulations 45 and 46 (requirement to review existing decisions and consents, etc.) apply to any such permit as is mentioned in paragraph (1).

4

Where on the review of such a permit the competent authority considers that any adverse effects on the integrity of a European site of the carrying out or, as the case may be, the continuation of activities authorised by it would be avoided by a variation of the permit, it may vary it, or cause it to be varied, accordingly.

5

Where any question arises as to agreeing to a plan or project, or affirming a permit on review, under regulation 44 (considerations of overriding public interest), the competent authority shall refer the matter to the Department who shall determine the matter in accordance with that regulation and give directions to the authority accordingly.

k

an enforcement notice served under regulation 24 of the Pollution Prevention and Control Regulations (Northern Ireland) 2003;

l

a suspension notice served under regulation 25 of those Regulations;

m

an order under regulation 36 of those Regulations.

or permit granted under the Pollution Prevention and Control Regulations (Northern Ireland) 2003.

or an incinerator authorised under the Pollution Prevention and Control Regulations (Northern Ireland) 2003

or authorised under the Pollution Prevention and Control Regulations (Northern Ireland) 2003.

Exclusion of prescribed processes under control of the Pollution Prevention and Control Regulations (Northern Ireland) 20033A

1

Where a process which is being carried on under an authorisation requires a permit under the Pollution Prevention and Control Regulations (Northern Ireland) 2003 authorising the carrying on of that process in an installation or by means of mobile plant and an application is made (or deemed to have been made) under those Regulations for the permit, that process shall, from the determination date for the installation or mobile plant, as the case may be, no longer be taken to fall within the description in Schedule 1.

2

Where a process which is not being carried on under an authorisation requires a permit under those Regulations authorising the carrying on of that process in an installation or by means of mobile plant, that process shall not be taken to fall within the description in Schedule 1 from the date on which the permit is required.

3

In this regulation, “installation” and “mobile plant” have the meaning given in regulation 2(2) of the Pollution Prevention and Control Regulations (Northern Ireland) 2003 and “determination date” has the meaning given in Schedule 3 to those Regulations.

or under a permit granted under the Pollution Prevention and Control Regulations (Northern Ireland) 2003.

and (d) a permit under the Pollution Prevention and Control Regulations (Northern Ireland) 2003 in so far as it authorises the operation of a Part A installation or a Part A mobile plant within the meaning of those Regulations;

and the Pollution Prevention and Control Regulations (Northern Ireland) 2003.

A person who is the holder of a permit under the Pollution Prevention and Control Regulations (Northern Ireland) 2003 which authorises the carrying out of a specified waste management activity within the meaning of those Regulations.