Article 6 Authorisations: general provisions

F1Subject to paragraph (6A) below No person shall carry on a prescribed process after the date prescribed or determined for that description of process by or under regulations under Article 3(1) (but subject to any transitional provision made by the regulations) except under an authorisation granted by the enforcing authority and in accordance with the conditions to which it is subject.

An application for an authorisation shall be made to the enforcing authority in accordance with Part I of Schedule 1 and shall be accompanied by the fee prescribed under Article 8(2)(a).

Where an application is duly made to the enforcing authority, the authority shall either grant the authorisation subject to the conditions required or authorised to be imposed by Article 7 or refuse the application.

An application shall not be granted unless the enforcing authority considers that the applicant will be able to carry on the process so as to comply with the conditions which would be included in the authorisation.

The Department may, if it thinks fit in relation to any application for an authorisation, give to the enforcing authority directions as to whether or not the authority should grant the authorisation.

The enforcing authority shall, as respects each authorisation in respect of which it has functions under this Order, from time to time but not less frequently than once in every period of 4 years, carry out a review of the conditions of the authorisation.

Paragraph (6) above shall not require a review of the conditions of an authorisation to be carried out if—

In paragraph (6A) above, "new Part A installation", "existing Part A installation", "new Part A mobile plant", "existing Part A mobile plant", "relevant period", "existing Part B or Part C installation", "existing Part B or Part C mobile plant" and "relevant date" have the meaning given in Schedule 3 to the Pollution Prevention and Control Regulations (Northern Ireland) 2003.

An authorisation shall cease to have effect if and to the extent that the prescribed process covered by the authorisation is authorised by a permit granted under the Pollution Prevention and Control Regulations (Northern Ireland) 2003.

The Department may, by order, substitute for the period for the time being specified in paragraph (6) such other period as it thinks fit.

Schedule 1 (supplementary provisions) shall have effect in relation to authorisations.