The Offshore Combustion Installations (Prevention and Control of Pollution) (Amendment) Regulations 2007
| Year | 2007 |
2007 No. 938
ENVIRONMENTAL PROTECTION
The Offshore Combustion Installations (Prevention and Control of Pollution) (Amendment) Regulations 2007
Made 19th March 2007
Laid before Parliament 21th March 2007
Coming into force 16th April 2007
The Secretary of State has consulted the persons required to be consulted by section 2(4) of the Pollution Prevention and Control Act 19991.
In exercise of the powers conferred on him by sections 2 and 7(9) of that Act he makes the following Regulations:
Citation and commencement
1. These Regulations may be cited as the Offshore Combustion Installations (Prevention and Control of Pollution) (Amendment) Regulations 2007 and shall come into force on 16th April 2007.
Interpretation
2. In these Regulations “the 2001 Regulations” means the Offshore Combustion Installations (Prevention and Control of Pollution) Regulations 20012.
Amendment of 2001 Regulations
The 2001 Regulations are amended as follows.
3. The 2001 Regulations are amended as follows.
4. In regulation 2 (Interpretation)—
(a) before the definition of “EEA State”, insert—
““the Directive” means Council Directive 96/61/ECconcerning integrated pollution prevention and control3;”;
(b) for the definition of “EEA State” substitute—
““EEA State” means a member State, Norway, Iceland or Liechtenstein;”;
(c) before the definition of “emission value limit”, insert—
““electronic communication” means a communication transmitted (whether from one person to another, from one device to another or from a person to a device or vice versa) while in an electronic form;”;
(d) in the definition of “Scottish controlled waters”, after “1974;” omit “and”;
(e) for the definition of “substantial change” substitute—
““substantial change” means—
(a) a change the extent of which is greater than a rated thermal input of 50 megawatts; or
(b) a change in operation which may have significant negative effects on people or the environment; and”; and
(f) after the definition of “substantial change”, insert—
““transboundary area” means the area comprising the relevant area but excluding—
(a) so much of the territorial sea of the United Kingdom as is adjacent to Scotland; and
(b) the places above and below the waters referred to in paragraph (a) above.”.
5. In paragraph (1) of regulation 5 (Contents of application for permit)—
(a) in sub-paragraph (h), after “above;” omit “and”;
(b) in sub-paragraph (i), for “environment.” substitute “environment; and”; and
(c) after sub-paragraph (i), insert—
“(j)
“(j) the main alternatives (if any) studied by the applicant, in outline.”.
6. In regulation 7 (Publicity regarding application for permit)—
(a) for paragraph (1) substitute—
“1 Where the Secretary of State receives an application for a permit he shall publish a notice—
(a) in the Gazettes; and
(b) by any other means he considers appropriate (which may include an electronic communication).”;
(b) before paragraph (2), insert—
“1A A notice published pursuant to paragraph (1) above must—
(a) state that a copy of the application may be obtained on request;
(b) specify an address from which such a copy may be obtained;
(c) specify a date not less than 4 weeks after the date of publication in the Gazettes or, if the notice is not published on the same day in each Gazette, last such date of publication, by which persons may make representations regarding the application;
(d) specify an address to which such representations are to be sent;
(e) state, where applicable, the fact that a decision is subject to a national or transboundary environmental impact assessment pursuant to paragraphs (3) and (4) below; and
(f) state the nature of possible decisions in response to the application.
1B The Secretary of State shall take such steps as he considers appropriate to ensure that additional information is made available to the public forthwith so that comments may be made by persons affected by or with an interest in an application.
1C Where additional information is made available to the public pursuant to paragraph (1B) above, the Secretary of State shall take such steps as he considers appropriate having regard to the particular circumstances of the case, to allow persons affected by or with an interest in an application to make representations in respect of the application before a permit is granted.”;
(c) in paragraph (3)—
(i) for “Subject to paragraph (5) below” substitute “Subject to paragraphs (3A) and (5) below”; and
(ii) for “a copy of the application” substitute “the information made public pursuant to paragraphs (1) and (1B)”;
(d) before paragraph (4), insert—
“3A Paragraph (3) shall only apply where the Secretary of State has received an application for a permit within the meaning of Article 4 or Article 12(2) of the Directive.”;
(e) in paragraph (4), after “sent” insert—
“, and shall take into account any such representations received from persons in those EEA States”; and
(f) after paragraph (6), insert—
“7 In this regulation “additional information” means any other information of material relevance to the Secretary of State’s decision that becomes available to the Secretary of State after an application for a permit has been submitted to him.”.
7. Before regulation 8 (Variation of conditions of permit on application of operator), insert—
“Publicity regarding projects in other EEA States having a significant effect on the environment in the transboundary area
7A.—(1) Where, pursuant to Article 17(1) of the Directive, the Secretary of State receives from another EEA State information which that EEA State has gathered from the developer of a combustion installation in that EEA State which is likely to have significant effects on the environment of the transboundary area, the Secretary of State shall—
(a)
(a) enter into consultations with that EEA State regarding, inter alia, the potential significant negative effects of the proposed combustion installation on the environment of the transboundary area;
(b)
(b) arrange for the information received from that EEA State to be made available, within a reasonable time, both to the authorities in the United Kingdom which he considers are likely to be concerned by the combustion installation by reason of their particular environmental responsibilities, and to the public;
(c)
(c) ensure that those authorities and the public in the United Kingdom are given an opportunity, before a decision is reached, to forward to him their comments on the information supplied; and
(d)
(d) send to the competent authority of the EEA State such comments as he receives.
(2) The Secretary of State shall also, insofar as he has received such information, notify those authorities and the public concerned of the content of any decision of the competent authority of the EEA State, and in particular—
(a)
(a) a copy of the permit and any conditions and subsequent...
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