- Draft legislation
This is a draft item of legislation. This draft has since been made as a UK Statutory Instrument: The Environmental Permitting (England and Wales) Regulations 2010 No. 675
12.—(1) The Control of Pollution (Applications, Appeals and Registers) Regulations 1996(1) are amended as follows.
(2) In regulation 1(2) (interpretation), omit the definition of “discharge consent”.
(3) Omit the following regulations—
(a)regulation 2 (advertisements);
(b)regulation 3 (timing of advertisements);
(c)regulation 4 (exemption from advertising requirements);
(d)regulation 5 (consultation);
(e)regulation 6 (transmitted applications);
(f)regulation 7 (discharge consents without applications).
(4) In regulation 8(1) (appeals), omit—
(a)“91 or”; and
(b)“appeals in respect of consents under Chapter II of Part III and”.
(5) In regulation 9 (time limit for bringing appeal), omit—
(a)paragraph (1)(a), (b) and (d); and
(b)paragraph (3)(a), (b) and (c).
(6) Omit regulation 10 (action on receipt of notice of appeal).
(7) In regulation 11 (written representations)—
(a)omit paragraph (1)(a);
(b)in paragraph (1)(b), omit “in all other cases”;
(c)omit paragraph (3); and
(d)in paragraph (4)(b), for “(1) to (3)” substitute “(1) and (2)”.
(8) In regulation 12 (hearings)—
(a)in paragraph (1)—
(i)omit “91 or”, and
(ii)omit “appeals in respect of consents under Chapter II of Part III and”;
(b)omit paragraphs (2) and (5);
(c)in paragraph (3), for “paragraphs (1) and (2)” substitute “paragraph (1)”; and
(d)in paragraph (6), for sub-paragraphs (a) to (c) substitute—
“(a)the appellant; and
(b)the Agency.”.
(9) In regulation 13(2) (notification of determination)—
(a)in sub-paragraph (a), omit “and to any persons required under regulation 10(1)(b)(ii) to be notified of the appeal;” and
(b)in sub-paragraph (b), omit “to any other person who made representations to the Secretary of State under regulation 10 and”.
(10) Omit regulation 14 (consents for discharges by the Agency).
(11) In regulation 15 (pollution control registers)—
(a)omit paragraphs (b), (c), (f), (g), (h), (k) and (l); and
(b)in paragraph (i)—
(i)omit “notices of appeal under section 91 of that Act,”, and
(ii)omit “representations made under regulation 10,”.
(12) In regulation 16 (particulars on register)—
(a)in paragraph (1), omit “and paragraph (2) below”; and
(b)omit paragraphs (1)(a) and (b) and (2).
(13) In regulation 17(2) (period after which information may be removed from register), for “, (e) or (l)” substitute “or (e)”.
(14) Omit Schedule 1 (discharge consents without applications) and Schedule 2 (discharge consents for the Agency).
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