12.—(1) Where an operator proposes to vary the operation of [F2a large combustion installation] (“the proposed variation”), the operator must—
(a)give notice to the Secretary of State of the proposed variation; and
(b)supply such information as the Secretary of State requests in order that the Secretary of State may consider whether or not to approve the variation and what, if any, variation of the permit may be required.
(2) The operator must not put into effect the proposed variation unless and until the operator receives a notice under paragraph (4) approving the variation.
(3) Where—
(a)the Secretary of State considers that the proposed variation would be a substantial change in operation of [F3the large combustion installation]; F4...
F4(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
the Secretary of State must take into account any relevant information obtained by or provided to the Secretary of State and any conclusion of the Secretary of State [F5under retained EU law that implemented Articles 4,] 5, 6, 7 and 9 of the EIA Directive when deciding to approve or refuse the proposed variation.
(4) Subject to paragraph (5), the Secretary of State must, as soon as possible after the notice under paragraph (1) is received, give notice to the operator—
(a)approving the proposed variation, together with any varied conditions in the permit; or
(b)refusing the proposed variation, together with reasons for that decision.
(5) Where—
(a)a notice is received under paragraph (1); and
(b)regulation 6(1) applies,
the Secretary of State must take account of representations received from [F6a member State] by the date provided under regulation 6(3) before giving notice to the operator under paragraph (4).
(6) Where the Secretary of State approves a proposed variation—
(a)the conditions in the permit may be varied as the Secretary of State thinks fit; but
(b)regulation 9(1) must be complied with when making any variation.
(7) In this regulation, “substantial change in operation” means a change in the nature or functioning, or an extension, of [F7a large combustion installation] which—
(a)may have significant negative effects on the environment; or
(b)in itself is equal to or greater than a rated thermal input of 50 megawatts.
Textual Amendments
F1Words in reg. 12 heading substituted (18.7.2018) by The Offshore Combustion Installations (Pollution Prevention and Control) (Amendment) Regulations 2018 (S.I. 2018/798), regs. 1, 19(a)
F2Words in reg. 12(1) substituted (18.7.2018) by The Offshore Combustion Installations (Pollution Prevention and Control) (Amendment) Regulations 2018 (S.I. 2018/798), regs. 1, 19(b)
F3Words in reg. 12(3)(a) substituted (18.7.2018) by The Offshore Combustion Installations (Pollution Prevention and Control) (Amendment) Regulations 2018 (S.I. 2018/798), regs. 1, 19(c)
F4Reg. 12(3)(b) and word omitted (31.12.2020) by virtue of The Pipe-lines, Petroleum, Electricity Works and Oil Stocking (Miscellaneous Amendments) (EU Exit) Regulations 2018 (S.I. 2018/1325), regs. 1(1), 8(7)(a); 2020 c. 1, Sch. 5 para. 1(1)
F5Words in reg. 12 substituted (31.12.2020) by The Pipe-lines, Petroleum, Electricity Works and Oil Stocking (Miscellaneous Amendments) (EU Exit) Regulations 2018 (S.I. 2018/1325), regs. 1(1), 8(7)(b); 2020 c. 1, Sch. 5 para. 1(1)
F6Words in reg. 12(5) substituted (31.12.2020) by The Pipe-lines, Petroleum, Electricity Works and Oil Stocking (Miscellaneous Amendments) (EU Exit) Regulations 2018 (S.I. 2018/1325), regs. 1(1), 8(4); 2020 c. 1, Sch. 5 para. 1(1)
F7Words in reg. 12(7) substituted (18.7.2018) by The Offshore Combustion Installations (Pollution Prevention and Control) (Amendment) Regulations 2018 (S.I. 2018/798), regs. 1, 19(b)