C1Part I Integrated Pollution Control and Air Pollution Control by Local Authorities
Authorisations
6 Authorisations: general provisions.
1
No person shall carry on a prescribed process after the date prescribed or determined for that description of process by or under regulations under section 2(1) above (but subject to any transitional provision made by the regulations) except under an authorisation granted by the enforcing authority and in accordance with the conditions to which it is subject.
2
An application for an authorisation shall be made to the enforcing authority in accordance with Part I of Schedule 1 to this Act and shall be accompanied by the fee prescribed under section 8(2)(a) below.
3
Where an application is duly made to the enforcing authority, the authority shall either grant the authorisation subject to the conditions required or authorised to be imposed by section 7 below or refuse the application.
4
An application shall not be granted unless the enforcing authority considers that the applicant will be able to carry on the process so as to comply with the conditions which would be included in the authorisation.
5
The Secretary of State may, if he thinks fit in relation to any application for an authorisation, give to the enforcing authority directions as to whether or not the authority should grant the authorisation.
6
The enforcing authority shall, as respects each authorisation in respect of which it has functions under this Part, from time to time but not less frequently than once in every period of four years, carry out a review of the conditions of the authorisation.
7
The Secretary of State may, by regulations, substitute for the period for the time being specified in subsection (6) above such other period as he thinks fit.
8
Schedule 1 to this Act (supplementary provisions) shall have effect in relation to authorisations.
7 Conditions of authorisations.
1
There shall be included in an authorisation—
a
subject to paragraph (b) below, such specific conditions as the enforcing authority considers appropriate, when taken with the general condition implied by subsection (4) below, for achieving the objectives specified in subsection (2) below;
b
such conditions as are specified in directions given by the Secretary of State under subsection (3) below; and
c
such other conditions (if any) as appear to the enforcing authority to be appropriate;
but no conditions shall be imposed for the purpose only of securing the health of persons at work (within the meaning of Part I of the M1Health and Safety at Work etc. Act 1974).
2
Those objectives are—
a
ensuring that, in carrying on a prescribed process, the best available techniques not entailing excessive cost will be used—
i
for preventing the release of substances prescribed for any environmental medium into that medium or, where that is not practicable by such means, for reducing the release of such substances to a minimum and for rendering harmless any such substances which are so released; and
ii
for rendering harmless any other substances which might cause harm if released into any environmental medium;
b
compliance with any directions by the Secretary of State given for the implementation of any obligations of the United Kingdom under the Community Treaties or international law relating to environmental protection;
c
compliance with any limits or requirements and achievement of any quality standards or quality objectives prescribed by the Secretary of State under any of the relevant enactments;
d
compliance with any requirements applicable to the grant of authorisations specified by or under a plan made by the Secretary of State under section 3(5) above.
3
Except as respects the general condition implied by subsection (4) below, the Secretary of State may give directions to the enforcing authorities as to the conditions which are, or are not, to be included in all authorisations, in authorisations of any specified description or in any particular authorisation.
4
Subject to subsections (5) and (6) below, there is implied in every authorisation a general condition that, in carrying on the process to which the authorisation applies, the person carrying it on must use the best available techniques not entailing excessive cost—
a
for preventing the release of substances prescribed for any environmental medium into that medium or, where that is not practicable by such means, for reducing the release of such substances to a minimum and for rendering harmless any such substances which are so released; and
b
for rendering harmless any other substances which might cause harm if released into any environmental medium.
5
In the application of subsections (1) to (4) above to authorisations granted by a local enforcing authority references to the release of substances into any environmental medium are to be read as references to the release of substances into the air.
6
The obligation implied by virtue of subsection (4) above shall not apply in relation to any aspect of the process in question which is regulated by a condition imposed under subsection (1) above.
7
The objectives referred to in subsection (2) above shall, where the process—
a
is one designated for central control; and
b
is likely to involve the release of substances into more than one environmental medium;
include the objective of ensuring that the best available techniques not entailing excessive cost will be used for minimising the pollution which may be caused to the environment taken as a whole by the releases having regard to the best practicable environmental option available as respects the substances which may be released.
8
An authorisation for carrying on a prescribed process may, without prejudice to the generality of subsection (1) above, include conditions—
a
imposing limits on the amount or composition of any substance produced by or utilised in the process in any period; and
b
requiring advance notification of any proposed change in the manner of carrying on the process.
9
This section has effect subject to section 28 below and, in relation to Scotland, to any regulations made under section 5(2) above.
10
References to the best available techniques not entailing excessive cost, in relation to a process, include (in addition to references to any technical means and technology) references to the number, qualifications, training and supervision of persons employed in the process and the design, construction, lay-out and maintenance of the buildings in which it is carried on.
11
It shall be the duty of enforcing authorities to have regard to any guidance issued to them by the Secretary of State for the purposes of the application of subsections (2) and (7) above as to the techniques and environmental options that are appropriate for any description of prescribed process.
12
In subsection (2) above “the relevant enactments” are any enactments or instruments contained in or made for the time being under—
a
section 2 of the M2Clean Air Act 1968;
b
section 2 of the M3European Communities Act 1972;
c
Part I of the M4Health and Safety at Work etc. Act 1974;
d
Parts II, III or IV of the M5Control of Pollution Act 1974;
F1e
the Water Resources Act 1991; and
f
section 3 of this Act.
8 Fees and charges for authorisations.
1
There shall be charged by and paid to the enforcing authority such fees and charges as may be prescribed from time to time by a scheme under subsection (2) below (whether by being specified in or made calculable under the scheme).
2
The Secretary of State may, with the approval of the Treasury, make, and from time to time revise, a scheme prescribing—
a
fees payable in respect of applications for authorisations;
b
fees payable by persons holding authorisations in respect of, or of applications for, the variation of authorisations; and
c
charges payable by such persons in respect of the subsistence of their authorisations.
3
The Secretary of State shall, on making or revising a scheme under subsection (2) above, lay a copy of the scheme or of the alterations made in the scheme or, if he considers it more appropriate, the scheme as revised, before each House of Parliament.
4
The Secretary of State may make separate schemes for fees and charges payable to the chief inspector or, as the case may be, river purification authority and fees and charges payable to local enforcing authorities under this Part.
5
A scheme under subsection (2) above may, in particular—
a
make different provision for different cases, including different provision in relation to different persons, circumstances or localities;
b
allow for reduced fees or charges to be payable in respect of authorisations for a number of prescribed processes carried on by the same person;
c
provide for the times at which and the manner in which the payments required by the scheme are to be made; and
d
make such incidental, supplementary and transitional provision as appears to the Secretary of State to be appropriate.
6
The Secretary of State, in framing a scheme under subsection (2) above, shall, so far as practicable, secure that the fees and charges payable under the scheme are sufficient, taking one financial year with another, to cover the relevant expenditure attributable to authorisations.
7
The “relevant expenditure attributable to authorisations” is the expenditure incurred by the enforcing authorities in exercising their functions under this Part in relation to authorisations together with the expenditure incurred by the National Rivers Authority in exercising the Authority’s functions in relation to authorisations for processes which may involve the release of any substance into water.
8
If it appears to the enforcing authority that the holder of an authorisation has failed to pay a charge due in consideration of the subsistence of the authorisation, it may, by notice in writing served on the holder, revoke the authorisation.
9
The Secretary of State may make to the National Rivers Authority payments of such amounts as appear to him to be required to meet the estimated relevant expenditure of the Authority attributable to authorisations.
10
Subsections (7) and (9) above shall not apply to Scotland, but in relation to Scotland the “relevant expenditure attributable to authorisations” is the expenditure incurred by the enforcing authorities in exercising their functions under this Part or in relation to consultation carried out under regulations made under section 5(2) above.
11
In Scotland, the chief inspector may make to a river purification authority and a river purification authority may make to the chief inspector payments of such amounts as are appropriate to meet their estimated relevant expenditure attributable to authorisations, such amounts to be determined by the Secretary of State if the chief inspector and the authority fail to agree on an appropriate amount of payment.
9 Transfer of authorisations.
1
An authorisation for the carrying on of any prescribed process may be transferred by the holder to a person who proposes to carry on the process in the holder’s place.
2
Where an authorisation is transferred under this section, the person to whom it is transferred shall notify the enforcing authority in writing of that fact not later than the end of the period of twenty-one days beginning with the date of the transfer.
3
An authorisation which is transferred under this section shall have effect on and after the date of the transfer as if it had been granted to that person under section 6 above, subject to the same conditions as were attached to it immediately before that date.
10 Variation of authorisations by enforcing authority.
1
The enforcing authority may at any time, subject to the requirements of section 7 above, and, in cases to which they apply, the requirements of Part II of Schedule 1 to this Act, vary an authorisation and shall do so if it appears to the authority at that time that that section requires conditions to be included which are different from the subsisting conditions.
2
Where the enforcing authority has decided to vary an authorisation under subsection (1) above the authority shall notify the holder of the authorisation and serve a variation notice on him.
3
In this Part a “variation notice” is a notice served by the enforcing authority on the holder of an authorisation—
a
specifying variations of the authorisation which the enforcing authority has decided to make; and
b
specifying the date or dates on which the variations are to take effect;
and, unless the notice is withdrawn, the variations specified in a variation notice shall take effect on the date or dates so specified.
4
A variation notice served under subsection (2) above shall also—
a
require the holder of the authorisation, within such period as may be specified in the notice, to notify the authority what action (if any) he proposes to take to ensure that the process is carried on in accordance with the authorisation as varied by the notice; and
b
require the holder to pay the fee (if any) prescribed by a scheme under section 8 above within such period as may be specified in the notice.
5
Where in the opinion of the enforcing authority any action to be taken by the holder of an authorisation in consequence of a variation notice served under subsection (2) above will involve a substantial change in the manner in which the process is being carried on, the enforcing authority shall notify the holder of its opinion.
6
The Secretary of State may, if he thinks fit in relation to authorisations of any description or particular authorisations, direct the enforcing authorities—
a
to exercise their powers under this section, or to do so in such circumstances as may be specified in the directions, in such manner as may be so specified; or
b
not to exercise those powers, or not to do so in such circumstances or such manner as may be so specified;
and the Secretary of State shall have the corresponding power of direction in respect of the powers of the enforcing authorities to vary authorisations under section 11 below.
7
In this section and section 11 below a “substantial change”, in relation to a prescribed process being carried on under an authorisation, means a substantial change in the substances released from the process or in the amount or any other characteristic of any substance so released; and the Secretary of State may give directions to the enforcing authorities as to what does or does not constitute a substantial change in relation to processes generally, any description of process or any particular process.
8
In this section and section 11 below—
“prescribed” means prescribed in regulations made by the Secretary of State;
“vary”, in relation to the subsisting conditions or other provisions of an authorisation, means adding to them or varying or rescinding any of them;
and “variation” shall be construed accordingly.
11 Variation of conditions etc: applications by holders of authorisations.
1
A person carrying on a prescribed process under an authorisation who wishes to make a relevant change in the process may at any time—
a
notify the enforcing authority in the prescribed form of that fact, and
b
request the enforcing authority to make a determination, in relation to the proposed change, of the matters mentioned in subsection (2) below;
and a person making a request under paragraph (b) above shall furnish the enforcing authority with such information as may be prescribed or as the authority may by notice require.
2
On receiving a request under subsection (1) above the enforcing authority shall determine—
a
whether the proposed change would involve a breach of any condition of the authorisation;
b
if it would not involve such a breach, whether the authority would be likely to vary the conditions of the authorisation as a result of the change;
c
if it would involve such a breach, whether the authority would consider varying the conditions of the authorisation so that the change may be made; and
d
whether the change would involve a substantial change in the manner in which the process is being carried on;
and the enforcing authority shall notify the holder of the authorisation of its determination of those matters.
3
Where the enforcing authority has determined that the proposed change would not involve a substantial change, but has also determined under paragraph (b) or (c) of subsection (2) above that the change would lead to or require the variation of the conditions of the authorisation, then—
a
the enforcing authority shall (either on notifying its determination under that subsection or on a subsequent occasion) notify the holder of the authorisation of the variations which the authority is likely to consider making; and
b
the holder may apply in the prescribed form to the enforcing authority for the variation of the conditions of the authorisation so that he may make the proposed change.
4
Where the enforcing authority has determined that a proposed change would involve a substantial change that would lead to or require the variation of the conditions of the authorisation, then—
a
the authority shall (either on notifying its determination under subsection (2) above or on a subsequent occasion) notify the holder of the authorisation of the variations which the authority is likely to consider making; and
b
the holder of the authorisation shall, if he wishes to proceed with the change, apply in the prescribed form to the enforcing authority for the variation of the conditions of the authorisation.
5
The holder of an authorisation may at any time, unless he is carrying on a prescribed process under the authorisation and wishes to make a relevant change in the process, apply to the enforcing authority in the prescribed form for the variation of the conditions of the authorisation.
6
A person carrying on a process under an authorisation who wishes to make a relevant change in the process may, where it appears to him that the change will require the variation of the conditions of the authorisation, apply to the enforcing authority in the prescribed form for the variation of the conditions of the authorisation specified in the application.
7
A person who makes an application for the variation of the conditions of an authorisation shall furnish the authority with such information as may be prescribed or as the authority may by notice require.
8
On an application for variation of the conditions of an authorisation under any provision of this section—
a
the enforcing authority may, having fulfilled the requirements of Part II of Schedule 1 to this Act in cases to which they apply, as it thinks fit either refuse the application or, subject to the requirements of section 7 above, vary the conditions or, in the case of an application under subsection (6) above, treat the application as a request for a determination under subsection (2) above; and
b
if the enforcing authority decides to vary the conditions, it shall serve a variation notice on the holder of the authorisation.
9
Any application to the enforcing authority under this section shall be accompanied by the applicable fee (if any) prescribed by a scheme made under section 8 above.
10
This section applies to any provision other than a condition which is contained in an authorisation as it applies to a condition with the modification that any reference to the breach of a condition shall be read as a reference to acting outside the scope of the authorisation.
11
For the purposes of this section a relevant change in a prescribed process is a change in the manner of carrying on the process which is capable of altering the substances released from the process or of affecting the amount or any other characteristic of any substance so released.
12 Revocation of authorisation.
1
The enforcing authority may at any time revoke an authorisation by notice in writing to the person holding the authorisation.
2
Without prejudice to the generality of subsection (1) above, the enforcing authority may revoke an authorisation where it has reason to believe that a prescribed process for which the authorisation is in force has not been carried on or not for a period of twelve months.
3
The revocation of an authorisation under this section shall have effect from the date specified in the notice; and the period between the date on which the notice is served and the date so specified shall not be less than twenty-eight days.
4
The enforcing authority may, before the date on which the revocation of an authorisation takes effect, withdraw the notice or vary the date specified in it.
5
The Secretary of State may, if he thinks fit in relation to an authorisation, give to the enforcing authority directions as to whether the authority should revoke the authorisation under this section.
Pt. I (ss. 1-28) modified (1.5.1994) by S.I. 1994/1056, reg. 1(3), 19, Sch. 4 Pt. I para.8
Pt. I (ss. 1-24): functions of River Purification Authorities tranferred (12.10.1995) to SEPA by 1995 c. 25, s. 21(1)(a)(iii)(with ss. 7(6), 115, 117); S.I. 1995/2649, art.2
Pt. I (ss. 1-24): functions of Chief Inspector for Scotland transferred (12.10.1995) to SEPA by 1995 c. 25, s. 21(1)(d)(with ss. 7(6), 115, 117); S.I. 1995/2649, art.2
Pt. I (ss. 1-24): functions of Local Authorities transferred (12.10.1995) to SEPA by 1995 c. 25, s. 21(1)(h)(with ss. 7(6), 115, 117); S.I. 1995/2649, art.2
Pt. I (ss. 1-28): functions of the Chief Inspector for England and Wales transferred (1.4.1996) to The Environment Agency by 1995 c. 25, s. 2(1)(d)(with ss. 7(6), 115, 117); S.I. 1996/186, art.3
Pt. I (ss. 1-28) modified (1.2.1996) by 1995 c. 25, s. 5(5)(e)(with s. 115, 117); S.I. 1996/186, art.2
Pt. I (ss. 1-28) modified (1.4.1996) by 1995 c. 25, s. 33(5)(e)(with ss. 7(6), 115, 117); S.I. 1996/186, art.3
Pt. I (ss. 1-28): power to make corresponding provisions conferred (27.7.1999) by 1999 c. 24, s. 2, Sch. 1 Pt. I para. 20(1)(a)