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GRANT OF PERMITS
PART 1
APPLICATIONS FOR PERMITS
1. An application for a permit under regulation 7 shall be in writing and, subject to paragraphs 3 and 4, shall contain the following information:
(a) the name of the applicant, his telephone number and address (including post code) and, if different, any address to which correspondence relating to the application should be sent and, if the applicant is a body corporate, its company number, the address of its registered or principal office and, if that body corporate is a subsidiary of a holding company (within the meaning of section 736 of the Companies Act 198514), the name of the ultimate holding company and the address of its registered and principal office;
(b) the address of the installation and its national grid reference, a map or plan showing the site of the installation, location of the installation on that site, and the name of any local authority in whose area the installation is situated;
(c) a site report;
(d) a description of the installation and the activities listed in Part 1 of Schedule 1 to be carried out in the installation;
(e) the raw and auxiliary materials and other substances and the energy to be used in or generated by the carrying out of those activities;
(f) the nature, quantities and sources of foreseeable emissions from the installation into each environmental medium, and a description of any foreseeable significant effects of the emissions on the environment;
(g) the proposed technology and other techniques for preventing or, where that is not practicable, reducing emissions from the installation;
(h) the proposed measures to be taken to monitor the emissions;
(i) a description of the measures to be taken for the prevention and recovery of waste generated by the operation of the installation;
(j) a description of any proposed additional measures to be taken to comply with the general principles set out in regulation 8(2);
(k) any relevant information obtained or conclusion arrived at pursuant to articles 5, 6 and 7 of Council Directive 85/337/EEC on the assessment of the effects of certain public and private projects on the environment (as amended)(a);
(l) any additional information which the operator of the installation wishes SEPA to take into account in considering the application;
(m) a non-technical summary of the information referred to in the previous sub-paragraphs.
2. The site report required by paragraph 1(c) shall describe the condition of the site of the installation and shall, in particular, identify any substance in, on or under the land which may constitute a pollution risk.
3. Paragraphs 1(c), (e), (i) and (k) shall not apply in relation to an application for a permit to operate a Part B installation and, in relation to such an application, the reference to emissions from the installation into each environmental medium in paragraph 1(f) shall be read as a reference to emissions from the installation into the air.
4.- (1) Paragraph 1 shall apply in relation to an application for a permit to operate an installation carrying out an activity falling within paragraph X of Part 1 of Schedule 1 (the burning of waste oil in an appliance with a net rated thermal input of less than 0.4 megawatts) as if, in so far as the installation is concerned with the carrying out of that activity, the following sub-paragraphs were substituted for sub-paragraphs (f), (g), (h) and (j):-
"(f) the name and number, if available, of the appliance used for the burning of the waste oil, and the name of its manufacturer, the net rated thermal input of the appliance and whether or not it is constructed or adapted so as to comply with the specification for fixed, flued fan-assisted heaters in Part 2 of the specification for oil-burning air heaters published by the British Standards Institution and numbered BS 4256 1972;
(g) details of the type of fuel to be used and its source;
(h) details of the height and location of any chimney through which waste gases produced by the appliance would be carried away and details of the efflux velocity of the waste gases leaving such a chimney produced by the appliance in normal operation;
(j) details of the location of the fuel storage tanks of the appliance;".
(2) In this paragraph "net rated thermal input" and "waste oil" have the same meaning as in paragraph X of Part 1 of Schedule 1.
5. SEPA may, by notice to the applicant, require him to furnish such further information specified in the notice, within the period so specified, as it may require for the purpose of determining the application and -
(a) for the purpose of calculating the time period mentioned in paragraph 17 no account shall be taken of any period beginning with the date on which notice is served on the applicant under this paragraph and ending on the date on which the applicant furnishes the information specified in the notice;
(b) if the applicant fails to furnish the specified information within the period specified the application shall, if SEPA gives notice to the operator that it treats the failure as such, be deemed to have been withdrawn at the end of that period.
6. The applicant shall, within 28 days beginning on the day on which his application is made, advertise the application in one or more newspapers circulating in the locality in which the installation covered by the application is situated and, in the case of an application to operate a Part A installation, in the Edinburgh Gazette.
7. An advertisement required by paragraph 6 shall-
(a) state the name of the applicant;
(b) state the address of the installation;
(c) describe briefly the activities in Part 1 of Schedule 1 to be carried out in the installation;
(d) state the address where the register containing particulars of the application may be inspected and that it may be inspected free of charge;
(e) explain that any person may make representations in writing to SEPA within the period of 28 days beginning with the date of the advertisement and give the address of SEPA;
(f) explain that any such representations made by any person will be entered in a public register unless that person requests in writing that they should not be so entered, and that where such a request is made there will be included in the register a statement indicating only that representations have been made which have been the subject of such a request.
8. Where an application is for a permit to operate more than one installation, the application and the advertisement required by paragraph 6 shall contain the information required by paragraphs 1 and 7 respectively in relation to each installation.
9. Paragraph 6 shall not apply in relation to an application for a permit to operate an installation which is only to be used to carry out an activity falling within paragraph X (waste oil) or Y (service stations) of Part 1 of Schedule 1.
PART 2
DETERMINATION OF APPLICATIONS
10. SEPA shall, within 14 days of receiving an application for a permit, give notice of the application, enclosing a copy of it, to the following persons:-
(a) in the case of all applications -
(i) the Health and Safety Executive(b);
(ii) the local authority in whose area the installation will be situated;
(iii) the Health Authority in whose area the installation will be situated;
(iv) such other persons as the Scottish Ministers may direct;
(b) in the case of applications for a permit to operate a Part A installation -
(i) the Scottish Ministers (in respect of their responsibilities for agricultural matters);
(ii) where the operation of the installation may involve the release of any substance into a sewer vested in a water and sewerage authority (established by the Local Government Etc. (Scotland) Act 199411) , that authority;
(iii) where the operation of the installation may involve an emission which may affect a site of special scientific interest, Scottish Natural Heritage;
(iv) where the operation of the installation may involve the release of any substance into a harbour managed by a harbour authority (within the meaning of section 57(1) of the Harbours Act 196412), that harbour authority;
(c) in the case of an application for a permit to operate a Part B installation where the operation of the installation may involve an emission which may affect a site of special scientific interest, Scottish Natural Heritage.
11. Paragraph 10 shall not apply in relation to an application for a permit to operate an installation which is only to be used to carry out an activity falling within paragraph X (waste oil).
12.- (1) If SEPA proposes to grant a permit subject to an off-site condition, it shall, before granting the permit, give a notice which complies with sub-paragraph (2) to every person appearing to it to be a person falling within sub-paragraph (3).
(2) A notice served under sub-paragraph (1) shall -
(a) set out the off-site condition in question;
(b) indicate the nature of the works or things which that condition might require the holder of the permit to carry out or do; and
(c) specify the period allowed for the purpose of paragraph 13 for making representations to SEPA relating to the condition or its possible effects and the manner in which any such representations are to be made.
(3) A person falls within this sub-paragraph if -
(a) he is the owner, tenant or occupier of the land; and
(b) that land is land in relation to which it is likely that, as a consequence of the permit being issued subject to the off-site condition in question, rights will have to be granted by virtue of regulation 9(13) to the holder of the permit.
(4) In sub-paragraph (3), "owner" means a person (other than a creditor in a heritable security not in possession of the security subjects) for the time being entitled to receive or who would, if the land were let, be entitled to receive, the rents of the land in connection with which the land is used and includes a trustee, factor, guardian or curator and in the case of public or municipal land includes the persons to whom the management of the land is entrusted.
13. Any representations made by any persons within the period allowed shall be considered by SEPA in determining the application.
14. For the purpose of paragraph 13, the period allowed for making representations is-
(a) in the case of persons to whom notice is given pursuant to paragraph 10 or 12, the period of 28 days beginning with the date on which notice is given under the relevant paragraph;
(b) in the case of other persons, the period of 28 days beginning with the date on which the application is advertised pursuant to paragraph 6.
15. Any relevant information obtained or conclusion arrived at pursuant to Articles 5, 6 and 7 of Council Directive 85/337/EEC on the assessment of the effects of certain public and private projects on the environment (as amended) in relation to the installation shall be taken into consideration by SEPA in determining the application.
16.- (1) The Scottish Ministers may give directions to SEPA requiring that any particular application or any class of applications for a permit shall be transmitted to them for determination pending a further direction under sub-paragraph (6).
(2) SEPA shall inform the applicant of the fact that his application is being transmitted to the Scottish Ministers and shall forward to them any representations which have been made to it within the period allowed.
(3) Where an application for an authorisation is referred to them under sub-paragraph (1), the Scottish Ministers may afford the applicant and SEPA an opportunity of appearing before and being heard by a person appointed by them and they shall do so in any case where a request is duly made by the applicant or SEPA to be so heard.
(4) A request under sub-paragraph (3) shall be in writing and shall be made within the period of 21 days beginning with the day on which the applicant is informed that the application is being transmitted to the Scottish Ministers.
(5) Paragraphs 4(2) to (10) of Schedule 8 shall apply to a hearing held under sub-paragraph (3) as they apply to a hearing held under paragraph 4(1) of that Schedule but with the following modifications:-
(a) with the substitution in sub-paragraph (3) for the reference to the appellant of a reference to the applicant;
(b) with the substitution in sub-paragraph (4) -
(i) for the reference to the appeal of a reference to the application; and
(ii) for the reference to every person mentioned in paragraph 3(1)(a) of Schedule 8 and every person mentioned in paragraph 3(1)(b) and (c) of that Schedule who has made representations in writing to the Scottish Ministers of a reference to every person who was required to be given notice under paragraph 9 of this Schedule and to any person who made representations to SEPA with respect to the subject matter of the application;
(c) with the substitution in sub-paragraph (7) -
(i) for the reference in sub-paragraph (7)(a) to the appellant of a reference to the applicant;
(ii) for the reference in sub-paragraph (7)(c) to any person required under paragraph 3(1)(a) of Schedule 8 to be notified of the appeal of a reference to any person required under paragraph 9 of this Schedule to be notified of the application.
(6) The Scottish Ministers shall, on determining any application transferred to them under this paragraph, give to SEPA such a direction as they think fit as to whether it is to grant the application and, if so, as to the conditions that are to be attached to the permit.
17. Except in a case where an application has been referred to the Scottish Ministers under paragraph 16 and, subject to paragraph 20, SEPA shall give notice of its determination of an application for a permit within the period of 4 months beginning with the day on which it received the application or within such longer period as may be agreed with the applicant.
18. If SEPA fails to give notice of its determination of an application for a permit within the period allowed by or under paragraph 17, the application shall, if the applicant notifies the authority in writing that he treats the failure as such, be deemed to have been refused at the end of that period.
19. Where the Scottish Ministers are aware that the operation of an installation carrying out an activity listed in Annex I to the Directive is likely to have significant negative effects on the environment of another Member State, or where another Member State likely to be significantly affected so requests, the Scottish Ministers shall, at the same time as the application to operate that installation is advertised pursuant to paragraph 6 (or as soon as they become so aware or receive such a request, if they become so aware or receive such a request after the application is advertised but before the application is determined), forward a copy of the application to the Secretary of State for onward transmission to the other Member State, in order that the application may serve as the basis for any consultations necessary in the framework of the bilateral relations between the United Kingdom and the other Member State on a reciprocal and equivalent basis, as referred to in Article 17 of the Directive.
20. Where an application is forwarded to the Secretary of State for onward transmission to another Member State pursuant to paragraph 19, the Scottish Ministers shall notify the applicant and SEPA and, in a case where the application has not been referred to the Scottish Ministers under paragraph 16-
(a) SEPA shall not determine the application until the Scottish Ministers have notified it in writing that the bilateral consultations mentioned in paragraph 19 have been completed and have forwarded to it any representations duly made on the application by persons in the other Member State which have been forwarded to the Scottish Ministers; and
(b) the time period within which to give notice of determination of the application set out in paragraph 17 shall begin on the date on which SEPA receives that notification by the Scottish Ministers that the bilateral consultations have been completed.
21. In determining an application which is forwarded to another Member State pursuant to paragraph 19, SEPA, or the Scottish Ministers if the application has been referred to them, shall take into consideration any representations duly made in the other Member State which have been forwarded to the Scottish Ministers.
PART 3
NATIONAL SECURITY AND CONFIDENTIAL INFORMATION
22. The requirements of paragraph 6 of this Schedule shall not apply in so far as they would require the advertisement of information mentioned in paragraph 7 which is not to be included in the register by virtue of regulation 26 or 27.
23. Subject to paragraph 24, the requirements of sub-paragraphs (b)(ii), (iii) and (iv) and (c) of paragraph 10 of this Schedule shall not apply in so far as they would require a person mentioned in those sub-paragraphs to be given information which is not included in the register by virtue of regulation 26 or 27.
24. Paragraph 23 does not apply in so far as-
(a) in the case of a person mentioned in paragraph 10(b)(ii), the information is about the release of any substance into a sewer vested in that person;
(b) in the case of a person mentioned in paragraph 10(b)(iii) and (c), the information is about the release of any substance which may affect a site of special scientific interest;
(c) in the case of a person mentioned in paragraph 10(b)(iv), the information is about the release of any substance into a harbour managed by that person.
25. Where a matter falls to be determined under regulation 26 or 27-
(a) the period within which an advertisement is to be published under paragraph 6 shall be 28 days beginning 14 days after the day on which the matters to be determined under those regulations are finally disposed of;
(b) the period for notification under paragraph 10 shall be the period of 14 days beginning 14 days after the day on which the matters to be determined under those regulations are finally disposed of.
26. For the purposes of paragraph 22 and paragraph 13 of Schedule 7, the matters to be determined under regulation 26 or 27 are finally disposed of -
[(a) in a case where the Scottish Ministers, in consultation with the Secretary of State, determine under regulation 26 whether or not information is to be included in the register, on the date on which they so determine;]
(b) in a case where SEPA fails to make a determination under regulation 27(2), on the date on which SEPA is treated under regulation 27(3) as having determined that the information is commercially confidential;
(c) in a case where SEPA determines under regulation 27(2) or (4) that the information in question is commercially confidential, on the date of SEPA’s determination;
(d) in a case where SEPA determines under regulation 27(2) or (4) that the information in question is not commercially confidential, on the date on which the period for bringing an appeal expires without an appeal being brought or, if such an appeal is brought within that period, on the date of the final determination by the Scottish Ministers of the appeal or, as the case may be, the date on which the appeal is withdrawn.
10 1985 c.6;
section 736 was submitted by section 144(1) of the Companies Act 1989 (c.40).
(a) O.J. No. L175,
5.7.1985, p.40 (as amended by Council Directive 97/11/EC (O.J. No. L73, p.5)).
(b) See section
10 of the Health and Safety at Work etc Act 1974 (c.37).
11 1994 c.39.
12
1964 c.40.
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