OpenLegislation

Paragraph 5 Public participation: scope

Original text. Later amendments are not shown.

(1)

Paragraph 6 applies to every application for the grant of an environmental permit except an application in relation to—

(a)

mobile plant; or

(b)

a standard facility, unless the facility is a Part A installation.

(2)

Paragraph 6 applies to every application to vary an environmental permit if—

(a)

it would entail a substantial change; or

(b)

the regulator determines that the paragraph should apply.

(3)

Paragraph 8 applies to every regulator initiated variation if—

(a)

it would entail a substantial change; or

(b)

the regulator determines that the paragraph should apply.

(4)

But, paragraphs 6 and 8 do not apply to the extent that the application or regulator initiated variation relates to—

(a)

the burning of waste oil in an appliance with a rated thermal input of less than 0.4 megawatts;

(b)

dry cleaning;

(c)

the unloading of petrol into stationary storage tanks at a service station if it is an activity within paragraph (d) of Part B of Section 1.2 of Part 2 of Schedule 1; or

(d)

any motor vehicle refuelling activity within paragraph (e) or (f) of Part B of Section 1.2 of Part 2 of Schedule 1.

(5)

In this paragraph—

  • “change in operation” means a change in the nature or functioning, or an extension, of an installation, which may have consequences for the environment;

  • “co-incineration plant” has the meaning given in Section 5.1 of Part 2 of Schedule 1;

  • “dry cleaning” has the meaning given in Part B of Section 7 of Part 2 of Schedule 1;

  • “incineration plant” has the meaning given in Section 5.1 of Part 2 of Schedule 1;

  • “substantial change” means a change in operation of an installation which in the regulator’s opinion may have significant negative effects on human beings or the environment and includes—

    1. (a)

      in relation to a Part A installation, a change in operation which in itself meets the thresholds, if any, set out in Part 2 of Schedule 1, and

    2. (b)

      in relation to an incineration plant or co-incineration plant for non-hazardous waste, a change in operation which would involve the incineration or co-incineration of hazardous waste.

(6)

When assessing whether a change in operation of a Part B installation has significant effects on the environment, the regulator must consider only its emissions to air.