Regulation 7 Determining applications : large combustion installationsF10

United Kingdom

(1)

Before granting or refusing an application for a permit F1for the operation of a large combustion installation, the Secretary of State must take into account—

(a)

representations received—

(i)

from the public by the date provided for their receipt in the application notice or any supplemental notice; and

(ii)

where regulation 6(1) applies, from F2a member State by the date provided under regulation 6(3);

and

(b)

F3... any relevant information obtained by or provided to the Secretary of State and any conclusion of the Secretary of State F4under F5assimilated law that implemented Articles 4, 5, 6, 7 and 9 of the EIA Directive.

(2)

The Secretary of State must grant a permit F6for the operation of a large combustion installation to an applicant if the Secretary of State is satisfied that the F7large combustion installation will be operated in compliance with the 2010 Directive.

(3)

The Secretary of State must in particular be satisfied that the applicant will operate the F8large combustion installation in accordance with the principles that—

(a)

all appropriate measures are taken to prevent pollution, including by the application of best available techniques;

(b)

no significant pollution will be caused;

(c)

the production of non-gaseous waste is avoided where possible by the use of—

(i)

clean technologies which are sparing in their use of natural resources; or

(ii)

products designed to reduce the amount or harmfulness of waste;

(d)

where non-gaseous waste is produced, it is—

(i)

prepared for reuse, recycled or recovered; or

(ii)

where compliance with paragraph (i) is not technically and economically possible, disposed of in such a way as to avoid or minimise any impact on the environment;

(e)

energy is used efficiently;

(f)

necessary measures are taken to prevent accidents which may affect the environment and to limit the environmental consequences of accidents;

(g)

necessary measures are taken when the operation finally ceases—

(i)

to decommission and remove the F9combustion plant; and

(ii)

to avoid any risk of pollution arising in consequence of the decommissioning and removal.

Annotations

Textual amendments

F1: Words in reg. 7(1) inserted (18.7.2018) by The Offshore Combustion Installations (Pollution Prevention and Control) (Amendment) Regulations 2018 (S.I. 2018/798), regs. 1, 10(b)
F2: Words in reg. 7(1)(a)(ii) substituted (31.12.2020) by The Pipe-lines, Petroleum, Electricity Works and Oil Stocking (Miscellaneous Amendments) (EU Exit) Regulations 2018 (S.I. 2018/1325), regs. 1(1), 8(4); 2020 c. 1, Sch. 5 para. 1(1)
F3: Words in reg. 7(1)(b) omitted (31.12.2020) by virtue of The Pipe-lines, Petroleum, Electricity Works and Oil Stocking (Miscellaneous Amendments) (EU Exit) Regulations 2018 (S.I. 2018/1325), regs. 1(1), 8(5)(a); 2020 c. 1, Sch. 5 para. 1(1)
F4: Words in reg. 7(1)(b) substituted (31.12.2020) by The Pipe-lines, Petroleum, Electricity Works and Oil Stocking (Miscellaneous Amendments) (EU Exit) Regulations 2018 (S.I. 2018/1325), regs. 1(1), 8(5)(b); 2020 c. 1, Sch. 5 para. 1(1)
F5: Word in reg. 7(1)(b) substituted (27.2.2025) by The Retained EU Law (Revocation and Reform) Act 2023 (Consequential Amendments) Regulations 2025 (S.I. 2025/82), reg. 1(2), Sch. 13 para. 6(2)(a)
F6: Words in reg. 7(2) inserted (18.7.2018) by The Offshore Combustion Installations (Pollution Prevention and Control) (Amendment) Regulations 2018 (S.I. 2018/798), regs. 1, 10(c)(i)
F7: Words in reg. 7(2) substituted (18.7.2018) by The Offshore Combustion Installations (Pollution Prevention and Control) (Amendment) Regulations 2018 (S.I. 2018/798), regs. 1, 10(c)(ii)
F8: Words in reg. 7(3) substituted (18.7.2018) by The Offshore Combustion Installations (Pollution Prevention and Control) (Amendment) Regulations 2018 (S.I. 2018/798), regs. 1, 10(d)
F9: Words in reg. 7(3)(g)(i) substituted (18.7.2018) by The Offshore Combustion Installations (Pollution Prevention and Control) (Amendment) Regulations 2018 (S.I. 2018/798), regs. 1, 10(e)
F10: Words in reg. 7 heading inserted (18.7.2018) by The Offshore Combustion Installations (Pollution Prevention and Control) (Amendment) Regulations 2018 (S.I. 2018/798), regs. 1, 10(a)