Environmental Protection Act 1990

2 (1) Subject to sub-paragraph (2) below, the enforcing authority shall give notice of any application for an authorisation, enclosing a copy of the application, to the persons who are prescribed or directed to be consulted under this paragraph and shall do so within the specified period for notification. E+W+S

(2) The Secretary of State may, by regulations, exempt any class of application from the requirements of this paragraph or exclude any class of information contained in applications for authorisations from those requirements, in all cases or as respects specified classes only of persons to be consulted.

(3) Any representations made by the persons so consulted within the period allowed shall be considered by the enforcing authority in determining the application.

(4) For the purposes of sub-paragraph (1) above—

(a) persons are prescribed to be consulted on any description of application for an authorisation if they are persons specified for the purposes of applications of that description in regulations made by the Secretary of State;

(b) persons are directed to be consulted on any particular application if the Secretary of State specifies them in a direction given to the enforcing authority;

and the “specified period for notification” is the period specified in the regulations or in the direction.

(5) Any representations made by any other persons within the period allowed shall also be considered by the enforcing authority in determining the application.

(6) Subject to sub-paragraph (7) below, the period allowed for making representations is—

(a) in the case of persons prescribed or directed to be consulted, the period of twenty-eight days beginning with the date on which notice of the application was given under sub-paragraph (1) above, and

(b) in the case of other persons, the period of twenty-eight days beginning with the date on which the making of the application was advertised in pursuance of paragraph 1(2) above.

(7) The Secretary of State may, by order, substitute for the period for the time being specified in sub-paragraph (6)(a) or (b) above, such other period as he considers appropriate.

Modifications etc. (not altering text)

C1 Sch. 1 para. 2 excluded (1.4.1991 for E.W. and 1.4.1992 for S.) by S.I. 1991/507 reg. 6(1)

C2 Sch. 1 para. 2(1) excluded (1.4.1991 for E.W. and 1.4.1992 for S.) by S.I. 1991/507 reg. 7(2)