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

Licences under Part II of the Environmental Protection Act 1990

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.

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The relevant provisions of Part I, and section 11, were repealed by the Environmental Protection Act 1990 (c. 43) subject to savings (see section 77 of that Act).