# The Environmental Protection (Amendment of Regulations) Regulations 1991, Note: Explanatory note


(This note is not part of the Regulations)
Section 2 of the Environmental Protection Act 1990 provides that the Secretary of State may specify the date from which authorisation is to be required to carry on particular processes. Paragraphs 5, 13, 19 and 26 of Schedule 3 to the Environmental Protection (Prescribed Processes and Substances) Regulations 1991 (S.I. 1991/472) specify the date for existing processes where an application for authorisation is made within the time limits specified in that Schedule.
Regulation 2 of these Regulations amends Schedule 3 to the Environmental Protection (Prescribed Processes and Substances) Regulations 1991 to provide that the prescribed date in such cases is—
(a) in the case of a process for which an authorisation is granted, the date on which the enforcing authority grants it, whether in pursuance of the application or, on an appeal, of a direction to grant it;
(b) in the case of a process for which an authorisation is refused, the date of the refusal or, on an appeal, of the affirmation of the refusal.
This amendment brings paragraphs 5, 13, 19 and 26 of Schedule 3 to the Environmental Protection (Prescribed Processes and Substances) Regulations 1991 into line with equivalent transitional provisions in paragraphs 2, 6, 12, 14 and 28 of Schedule 15 to the Environmental Protection Act 1990.
Regulation 3 of these Regulations corrects two minor errors in the Environmental Protection (Applications, Appeals and Registers) Regulations 1991 (S.I. 1991/507).

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Source: https://www.legislation.gov.uk/uksi/1991/836/note (the official version)
Page: https://openlegislation.uk/environmental-protection-amendment-of-regulations-regulations-1991/note
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.