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TRANSITIONAL ARRANGEMENTS
PART 1
PRESCRIBED DATE
1. In the case of a new installation, the prescribed date is 31st October 1999.
2.- (1) Subject to paragraph 3, in the case of an existing Part A installation, the prescribed date is-
(a) where an application is duly made within the relevant period and in accordance with regulation 7 for a permit to operate the installation, the determination date for that installation;
(b) where no such application is made, the day after the date on which the relevant period expires.
(2) Subject to sub-paragraph (3), the relevant period for an existing Part A installation for the purpose of sub-paragraph (1) and paragraph 5 is the period specified for that description of installation in the following table-
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Any installation where an activity falling within the following Section of Part 1 of Schedule 1 is carried out - |
Relevant Period
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Section 1.1 |
(3) Where more than one activity listed in Part I of Schedule 1 is carried out in an existing Part A installation, the relevant period for that installation shall be the period beginning with the earliest date listed against those activities in the table in sub-paragraph (2).
3.- (1) Where there is a substantial change in the operation of an existing Part A installation on or after 31st October 1999 and before the date which would be the prescribed date for the installation under paragraph 2, the prescribed date for that installation shall be the date on which the change is made.
(2) For the purpose of sub-paragraph (1), the carrying out in an existing Part A installation of an activity listed in Part I of Schedule 1 which was not being carried out in that installation before 31st October 1999 constitutes a substantial change in the operation of that installation.
4. In the case of an existing Part B installation, the prescribed date is the determination date for that installation.
PART 2
APPLICATIONS FOR EXISTING INSTALLATIONS
5. An application for a permit to operate an existing Part A installation shall not be made before the beginning of the relevant period for that installation without the consent of SEPA unless the operator of the installation proposes to make a substantial change in the operation of the installation to which paragraph 3 applies.
6.- (1) Subject to sub-paragraph (2), an application to operate an existing Part B installation shall not be made without the consent of SEPA.
(2) Where section 6(6) of the Environmental Protection Act 1990 requires a review to be carried out of the conditions of an authorisation for a prescribed process being carried out in an existing Part B installation, the operator of that installation shall be deemed to have made an application for a permit to operate that installation (unless such an application has already been made pursuant to a consent given under sub-paragraph (1)).
PART 3
INTERPRETATION
7. In this Schedule -
"authorisation" has the meaning given in section 1(9) of the Environmental Protection Act 1990;
"determination date" means -
(a) for an installation in relation to which a permit is granted, the date on which it is granted, whether in pursuance of the application for the permit or, on an appeal, of a direction to grant it;
(b) for an installation in relation to which a permit is refused and the applicant for the permit appeals against the refusal, the date of the affirmation of the refusal;
(c) for an installation in relation to which a permit is refused and no appeal is made against the refusal, the date immediately following the last day, determined in accordance with paragraph 2 of Schedule 8, on which notice of appeal might have been given;
"existing installation" means -
(a) an installation which is put into operation before 31st October 1999; or
(b) an installation which is put into operation on or after that date but before 31st October 2000 by the carrying on of a prescribed process or processes, provided that -
(i) the carrying on of the process or all of the processes was authorised under the Environmental Protection Act 1990 before 31st October 1999; or
(ii) an application for such authorisation was made under that Act before that date,
and "existing Part A installation" and "existing Part B installation" shall be construed accordingly;
"new installation" means an installation which is put into operation on or after 31st October 1999 other than an existing installation; and
"prescribed process" has the meaning given in section 1(5) of the Environmental Protection Act 1990.
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