The Environmental Protection (Applications, Appeals and Registers) (Amendment) Regulations 1996

3.—(1) In regulation 4 (consultation)—

(a) in paragraph (1)(a), after the words “in all cases” there shall be inserted the words “except, in the case of a prescribed process designated for local control, where the enforcing authority has, within the period specified in paragraph (2) below, notified the Health and Safety Executive that the application has been made or, as the case may be, that notification has been given pursuant to section 10(5) of the 1990 Act”;

(b) paragraph (1)(e) shall be omitted;

(c) in paragraph (1)(f)—

(i) for the words “regional or islands council” there shall be substituted the words “sewerage authority”;

(ii) for the words “the council” there shall be substituted the words “the authority”;

(d) in paragraph (1)(g)—

(i) for the words “the Nature Conservancy Council for Scotland” there shall be substituted the words “Scottish Natural Heritage”;

(ii) for the words “the Council's” there shall be substituted the words “the body's”;

(e) paragraph (1)(i)(1) shall be omitted;

(f) at the end of paragraph (1) there shall be added the following sub-paragraphs—

“(j) the local authority in whose area the process will be carried on, in the case of all prescribed processes (other than those which will be carried on by means of mobile plant) designated for central control, or in respect of which a direction under section 4(4) of the 1990 Act is in force, which will be carried on in England and Wales;

(k) the local authority in whose area the process will be carried on, in the case of all prescribed processes (other than those which will be carried on by means of mobile plant) which will be carried on in Scotland;

(l) the local fisheries committee, in the case of all prescribed processes designated for central control which may involve a release of any substance directly into relevant territorial waters or coastal waters within the sea fisheries district of that committee.”;

(g) at the end there shall be added the following paragraphs—

“(4) In paragraph (1)(f) above “sewerage authority” shall be construed in accordance with section 62 of the Local Government etc. (Scotland) Act 1994(2).

(5) In paragraph (1)(j) above “local authority” means—

(a) in England—

(i) the council of a county, so far as it is the council of an area for which there are no district councils;

(ii) a district council;

(iii) the council of a London borough;

(iv) the Council of the Isles of Scilly;

(v) the Common Council of the City of London and, as respects the Temples, the Sub-Treasurer of the Inner Temple and the Under-Treasurer of the Middle Temple respectively;

(b) in Wales, the council of a county or county borough.

(6) In paragraph (1)(k) above “local authority” means a council for an area constituted under section 2 of the Local Government etc. (Scotland) Act 1994.

(7) In paragraph (1)(l) above “relevant territorial waters” and “coastal waters” have the same meaning as in Part III of the Water Resources Act 1991(3)”.

(2) The amendments set out in sub-paragraph (1) above shall not apply in cases where the relevant day referred to in sub-paragraph (a), (b) or, as the case may be, (c) of regulation 4(2) of the principal Regulations falls before 1st April 1996.

(1)

Sub-paragraph (i) was inserted by S.I. 1994/1271, regulation 2.

(2)

1994 c. 39.

(3)

1991 c. 57; seesection 104(1).