SCHEDULE 5Environmental permits
PART 1Grant, variation, transfer and surrender of environmental permits
Identity and competence of the operator
13.
(1)
Subject to sub-paragraph (3), the regulator must refuse an application for the grant of an environmental permit or for the transfer in whole or in part of an environmental permit if it considers that, if the permit is granted or transferred, the requirements in sub-paragraph (2) will not be satisfied.
(2)
The requirements are that the applicant for the grant of an environmental permit, or the proposed transferee, on the transfer of an environmental permit (in whole or in part), must—
(a)
be the operator of the regulated facility, and
(b)
operate the regulated facility in accordance with the environmental permit.
(3)
The requirement in sub-paragraph (2)(b) does not apply to an applicant for the grant of an environmental permit authorising the carrying on of only a stand-alone water discharge activity, stand-alone groundwater activity or stand-alone flood risk activity.