Regulation 4 Amendment of the principal Regulations

at the beginning of paragraph 2 there shall be inserted, “Subject to paragraphs 2A and 2B,”;

the following paragraphs shall be inserted after that paragraph–

“2A

The prescribed date, in respect of an existing hazardous waste incineration plant, is–

(a)

where an application for authorisation as a Part A process is made on or before 31st December 1999, the determination date for that process; or

(b)

where no such application is made, 31st December 1999.

2B

The prescribed date, in respect of a new hazardous waste incineration plant, is 22nd February 1999.”; and

the following definitions shall be inserted immediately after the definition of “the determination date” in paragraph 7–

• “existing hazardous waste incineration plant” means a process described in paragraph (bb) of Part A of Section 5.1 of Schedule 1 which, immediately before 22nd February 1999–

  1. (i)

     was a work registered under section 2 or 7, as applicable, of the Alkali &c. Works Regulation Act 1906^f1; or

  2. (ii)

     was not a prescribed process, but was operated in accordance with planning permission;

  and which, in either case, was first so registered or operated, as the case may be, before 31st December 1996;

• “new hazardous waste incineration plant” means a process described in paragraph (bb) of Part A of Section 5.1 of Schedule 1 which, immediately before 22nd February 1999–

  1. (i)

     was a work registered under section 2 or 7, as applicable, of the Alkali &c. Works Regulation Act 1906; or

  2. (ii)

     was not a prescribed process, but was operated in accordance with planning permission;

  and which, in either case, was first so registered or operated, as the case may be, on or after 31st December 1996; and

• “planning permission” means planning permission granted under the Planning (Northern Ireland) Order 1991^f2.