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The Environmental Protection (Determination of Enforcing Authority Etc) (Scotland) Regulations 1992
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- UK Statutory Instruments
- 1992 No. 530 (S. 61)
- Regulation 5
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Consultation between authorities on applications
5.—(1) Subject to paragraph (2), the circumstances in which the consulted authority may require the enforcing authority to include in an authorisation conditions which the consulted authority reasonably believes will achieve the objectives specified in section 7(2) are where the application is made for an authorisation, or for variation of the conditions of an authoris ation, for a prescribed process which—
(a)releases into land a Schedule 6 substance, and for which the consulted authority is the chief inspector and the conditions required by him relate to release of that substance; or
(b)releases into water a Schedule 5 substance or any other substance which might cause harm if so released, and for which the consulted authority is a river purification authority and the conditions required by it relate to release of that substance.
(2) Paragraph (1) shall not apply where section 7(7) applies and the enforcing authority reasonably believes that the objective referred to in section 7(2) as read with section 7(7) will not be achieved by inclusion of the conditions required by the consulted authority.
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