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The Offshore Combustion Installations (Pollution Prevention and Control) Regulations 2013

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Determining applications [F1: large combustion installations] U.K.

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7.—(1) Before granting or refusing an application for a permit [F2for the operation of a large combustion installation], the Secretary of State must take into account—

(a)representations received—

(i)from the public by the date provided for their receipt in the application notice or any supplemental notice; and

(ii)where regulation 6(1) applies, from [F3a member State] by the date provided under regulation 6(3);

and

(b)F4... 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.

(2) The Secretary of State must grant a permit [F6for the operation of a large combustion installation] to an applicant if the Secretary of State is satisfied that the [F7large combustion installation] will be operated in compliance with the 2010 Directive.

(3) The Secretary of State must in particular be satisfied that the applicant will operate the [F8large combustion installation] in accordance with the principles that—

(a)all appropriate measures are taken to prevent pollution, including by the application of best available techniques;

(b)no significant pollution will be caused;

(c)the production of non-gaseous waste is avoided where possible by the use of—

(i)clean technologies which are sparing in their use of natural resources; or

(ii)products designed to reduce the amount or harmfulness of waste;

(d)where non-gaseous waste is produced, it is—

(i)prepared for reuse, recycled or recovered; or

(ii)where compliance with paragraph (i) is not technically and economically possible, disposed of in such a way as to avoid or minimise any impact on the environment;

(e)energy is used efficiently;

(f)necessary measures are taken to prevent accidents which may affect the environment and to limit the environmental consequences of accidents;

(g)necessary measures are taken when the operation finally ceases—

(i)to decommission and remove the [F9combustion plant]; and

(ii)to avoid any risk of pollution arising in consequence of the decommissioning and removal.

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