The Water Protection Zone (River Dee Catchment) (Procedural and Other Provisions) Regulations 1999

Applications for the continuation of protection zone consent

10.—(1) An application may be made under this regulation for the continuation of a protection zone consent which would otherwise cease to have effect pursuant to the provisions of regulation 4(2).

(2) An application under this regulation shall be made to the Agency on a form provided for the purpose by the Agency which shall incorporate or be accompanied by the information and other documentation, specified in Schedule 3 to these Regulations.

(3) In addition to the information required under paragraph (2) the Agency shall be entitled to request all such information, papers, assessment studies or other materials as it may reasonably require in order to determine the application.

(4) When such an application is made the Agency may modify the consent in any way it considers appropriate or it may revoke it.

(5) If a protection zone consent relates to more than one controlled substance, the Agency may make different determinations in relation to each such substance.

(6) It shall be the duty of the Agency, when continuing protection zone consent, to attach to the consent—

(a) a statement that it is unchanged in relation to the matters included in it by virtue of paragraphs (10) and (12) of regulation 7; or

(b) a statement of any change in respect of those matters; or

(c) a statement of any change from the protection zone consent claimed under article 6 of the River Dee Catchment Order(1).

(7) The modifications which the Agency may make by virtue of paragraph (4) include, without prejudice to the generality of that paragraph, the making of the consent subject to conditions with respect to any of the matters mentioned in regulation 7(12).

(8) Where any application is made to the Agency for the continuation of protection zone consent then, unless within the period specified in regulation 7(6) the Agency either—

(a) gives notice to the applicant of its decision on the application; or

(b) gives notice to him that the application has been referred to the Secretary of State in accordance with directions given under regulation 8,

the application shall be deemed to have been granted.

(9) References in these Regulations to applications for protection zone consent include references to applications for the continuation of protection zone consent and, subject to the provisions of this regulation, the provisions of these Regulations shall apply to such applications accordingly.

(1)

S.I. 1999/.