C1F8PART IVADAPTATION OF PLANNING AND OTHER CONTROLS
Pt. 4 power to disapply or modify conferred (26.12.2023) by Energy Act 2023 (c. 52), ss. 293(4)(5), 334(3)(j) (with s. 293(6))
Environmental controls
Licences under Part II of the Environmental Protection Act 1990I1F184
1
Regulations 48 and 49 (requirement to consider effect on F6European sites in Great Britain and European offshore marine sites) apply in relation to–
a
the granting of a waste management licence under Part II of the Environmental Protection Act 1990 F7, and
b
the passing of a resolution under section 54 of that Act (provisions as to land occupied by disposal authorities themselves). ...
F4c
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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 F2or European offshore marine 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 F5or European offshore marine 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.
Regulations revoked (E.W.) (1.4.2010 except so far as relating to the revocation in relation to W. of reg. 36 and specified words in reg. 3(3), 12.12.2014 in so far as not already in force) by The Conservation of Habitats and Species Regulations 2010 (S.I. 2010/490), regs. 1(2)(4)(b), 133(3) (with regs. 125, 134)