The Conservation (Natural Habitats, &c.) Regulations 1994

Environmental controls E+W+S

Authorisations under Part I of the Environmental Protection Act 1990 E+W+S

83.—(1) Regulations 48 and 49 (requirement to consider effect on European site) apply in relation to the granting of an authorisation under Part I of the Environmental Protection Act 1990 (integrated pollution control and local authority air pollution control).

(2) Where in such a case the comptetent authority consider that any adverse effects of the plan or project on the integrity of a European site would be avoided if the authorisation were subject to conditions, they may grant an authorisation, or cause an authorisation to be granted, subject to those conditions.

(3) Regulations 50 and 51 (requirement to review existing decisions and consents, &c.) apply to any such authorisation as is mentioned in paragraph (1).

(4) Where on the review of such an authorisation the competent authority consider 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 authorisation, they 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 an authorisation on review, under regulation 49 (considerations of overriding public interest), the competent authority shall refer the matter to the Secretary of State who shall determine the matter in accordance with that regulation and give directions to the authority accordingly.

Commencement Information

I1 Reg. 83 in force at 30.10.1994, see reg. 1(2)

Licences under Part II of the Environmental Protection Act 1990 E+W+S

84.—(1) Regulations 48 and 49 (requirement to consider effect on European site) apply in relation to–

(a) the granting of a waste management licence under Part II of the Environmental Protection Act 1990,

(b) the passing of a resolution under section 54 of that Act (provisions as to land occupied by disposal authorities themselves), and

(c) the granting of a disposal licence under Part I of the Control of Pollution Act 1974(1) and the passing of a resolution under section 11 of that Act(2).

(2) Where in such a case the competent authority consider that any adverse effects of the plan or project on the integrity of a European site would be avoided by making any licence subject to conditions, they may grant a licence, or cause a licence to be granted, or, as the case may be, pass a resolution, subject to those conditions.

(3) Regulations 50 and 51 (requirement to review existing decisions and consents, &c.) apply to any such licence or resolution as is mentioned in paragraph (1).

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

Commencement Information

I2 Reg. 84 in force at 30.10.1994, see reg. 1(2)

[F1 Permits under the Pollution Prevention and Control (England and Wales) Regulations 2000 E+W

84A.— (1) Regulations 48 and 49 (requirement to consider effect on European site) apply in relation to the granting of a permit under the Pollution Prevention and Control (England and Wales) Regulations 2000.

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

(3) Regulations 50 and 51 (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 consider 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, they 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 49 (considerations of overriding public interest), the competent authority shall refer the matter to the Secretary of State who shall determine the matter in accordance with that regulation and give directions to the authority accordingly.]

Extent Information

E1 This version of this provision extends to England and Wales only; a separate version has been created for Scotland only

Textual Amendments

F1 Reg. 84A inserted (E.W.) (1.8.2000) by The Pollution Prevention and Control (England and Wales) Regulations 2000 (S.I. 2000/1973), reg. 1(1), Sch. 10 para. 37 (with regs. 1(3), 5)

[F4 Permits under the Pollution Prevention and Control (Scotland) Regulations 2000 S

84A.— (1) Regulations 48 and 49 (requirement to consider effect on European site) apply in relation to the granting of a permit under the Pollution Prevention and Control (Scotland) Regulations 2000.

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

(3) Regulations 50 and 51 (requirement to review existing decisions and consents, &c.) apply to any such permit as is mentioned in paragraph (1).

(4) Where on the review of such a permit the competent authority consider 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, they may vary it, or cause it to be varied, accordingly.

(5) Where any question arises as to agreeing to a plan or project, of affirming a permit on review, under regulation 49 (considerations of overriding public interest), the competent authority shall refer the matter to the Scottish Ministers who shall determine the matter in accordance with that regulation and give directions to the authority accordingly.]

Extent Information

E2 This version of this provision extends to Scotland only; a separate version has been created for England and Wales only

Textual Amendments

F4 Reg. 84A inserted (S.) (28.9.2000) by The Pollution Prevention and Control (Scotland) Regulations 2000 (S.S.I. 2000/323), reg. 1(1), sch. 10 para. 12 (with reg. 34)

Valid from 21/08/2007

[F2 Abstraction and works authorised under water legislation S

84B.— (1) Regulations 48 and 49 apply in relation to–

(a) the grant of an authorisation under regulation 8 (registration) or 9 (water use licence);

(b) the variation under regulation 19 (variation of authorisation) in accordance with either regulation 20 (procedure for variation) or regulation 21 (request for variation), as the case may be, or the partial variation under regulation 25(4) (determination of application for surrender) of an authorisation; and

(c) the determination of an appeal under regulation 47 (determination of appeals) against a decision of the Scottish Environment Protection Agency referred to in regulation 46(a), (b), (c), (d), (e), (ee) or (g),

of the Water Environment (Controlled Activities) (Scotland) Regulations 2005 (“the 2005 Regulations”).

(2) In a case referred to in paragraph (1), where the competent authority considers that any adverse effects of the plan or project on the integrity of a European site would be avoided if the grant or variation of the authorisation were subject to conditions or, as the case may be, further conditions, it may grant or vary the authorisation subject to those conditions.

(3) Regulations 50 and 51 apply to authorisations under regulation 8 or 9 of the 2005 Regulations.

(4) Where on the review of an authorisation under regulation 8 or 9 of the 2005 Regulations, 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 the activity authorised would be avoided by a variation of the authorisation, it may vary the authorisation, or cause it to be varied, accordingly.]

Textual Amendments

F2 Reg. 84B inserted (S.) (15.2.2007) by The Conservation (Natural Habitats, &c.) Amendment (Scotland) Regulations 2007 (S.S.I. 2007/80), regs. 2, 20

Discharge consents under water pollution legislation E+W+S

85.—(1) Regulations 48 and 49 (requirement to consider effect on European site) apply in relation to the giving of consent under—

(a) Chapter II of Part III to the Water Resources Act 1991(3) (control of pollution of water resources), F3 ...

F3 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) Where in such a case the competent authority consider that any adverse effects of the plan or project on the integrity of a European site would be avoided by making any consent subject to conditions, they may give consent, or cause it to be given, subject to those conditions.

(3) Regulations 50 and 51 (requirement to review existing decisions and consents, &c.) apply to any such consent as is mentioned in paragraph (1).

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

Textual Amendments

F3 Reg. 85(1)(b) and word omitted (S.) (15.2.2007) by virtue of The Conservation (Natural Habitats, &c.) Amendment (Scotland) Regulations 2007 (S.S.I. 2007/80), regs. 2, 21

Commencement Information

I3 Reg. 85 in force at 30.10.1994, see reg. 1(2)

(1)

1974 c. 40.

(2)

The relevant provisions of Part I, and section 11, were repealed by the Environmental Protection Act 1990 (c. 43) subject to savings (see section 77 of that Act).

(3)

1991 c. 57.