The Control of Pollution (Applications, Appeals and Registers) Regulations 1996

Timing of advertisements

3.  –

(1) An application to which regulation 2 applies shall be advertised in accordance with paragraph (2) of that regulation within the period of 28 days beginning 14 days after the relevant date.

(2) Subject to paragraphs (3) to (5) below, the relevant date in relation to an application shall be the date on which the application is received by the Agency.

(3) In a case where the Agency has notified the applicant within 14 days of the receipt of the application that it refuses to proceed with the application until information required by section 90A(4)(1) of, or paragraph 1(3) or (4) of Schedule 10(2) to, the Water Resources Act 1991 (duty to provide Agency with information) is provided, the relevant date shall be the date on which the Agency is finally provided with the information required.

(4) In a case where a matter falls to be determined under section 191A of the Water Resources Act 1991 (exclusion from registers of information affecting national security), the relevant date shall be the date on which the Secretary of State notifies the applicant of his determination.

(5) In a case where a matter falls to be determined under section 191B of the Water Resources Act 1991 (exclusion from registers of certain confidential information), the relevant date shall be—

(a) if the Agency is treated by virtue of section 191B(3) of that Act as having determined that the information in question is commercially confidential, the date on which the period of 14 days mentioned in section 191B(3) expires;

(b) if the Agency determines under section 191B(2) or (4) of that Act that the information in question is commercially confidential, the date on which the Agency notifies the applicant of its determination;

(c) if the Agency determines under section 191B(2) or (4) of that Act that the information in question is not commercially confidential—

(i) the date on which the period for appealing expires without an appeal having been made;

(ii) the date on which the Secretary of State notifies the applicant of his final determination of the appeal; or

(iii) the date on which the appeal is withdrawn.

(6) Where the relevant date for the purposes of this regulation in relation to an application is later than the date on which the application is received, a period of four months beginning with the relevant date shall be substituted for the period of four months specified in paragraph 3(2) of Schedule 10 to the Water Resources Act 1991 (failure to determine application within four months or longer period agreed with applicant).

(1)

Inserted by paragraph 142 of Schedule 22 to the Environment Act 1995.

(2)

Substituted by paragraph 183 of Schedule 22 to the Environment Act 1995.