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

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Consultation

5.  –

(1) Subject to paragraph (3) below, the persons to be consulted under paragraph 2 of Schedule 10 to the Water Resources Act 1991 (consultation in connection with applications) in relation to an application for, or for the variation of, a discharge consent are—

(a)every local authority or water undertaker within whose area any of the proposed discharges are to be made;

(b)each of the Ministers if any of the proposed discharges are to be made into coastal waters, relevant territorial waters or waters outside the seaward limits of relevant territorial waters;

(c)the harbour authority within the meaning of section 57(1) of the Harbours Act 1964(1) if any of the proposed discharges are to be made into a harbour managed by the authority; and

(d)the local fisheries committee, if any of the proposed discharges are to be made into relevant territorial waters or coastal waters within the sea fisheries district of that committee.

(2) The specified period for notification of those persons under paragraph 2 of Schedule 10 to the Water Resources Act 1991 (consultation in connection with applications) is the period of 14 days beginning with the relevant date and, for this purpose, “relevant date” has the same meaning as in regulation 3.

(3) The requirements of paragraph 2 of Schedule 10 to the Water Resources Act 1991 (consultation in connection with applications) shall not apply in relation to any of the bodies mentioned in paragraph (1)(a), (c) or (d) above—

(a)in so far as they would require the disclosure of any information which is not to be included in a register by virtue of section 191A or 191B of the Water Resources Act 1991 (exclusion from registers of information affecting national security and of certain confidential information);

(b)in relation to an application for, or for the variation of, a discharge consent which need not be advertised as a result of an exemption under regulation 4.

(4) A period of six weeks beginning with the last date on which the making of the application was advertised in pursuance of paragraph 1(1)(b) of Schedule 10 to the Water Resources Act 1991 shall be substituted for the period specified in paragraph 2(6)(b) of that Schedule (period allowed for making representations).

(1)

1964 c. 40; to which there are amendments not relevant to these Regulations.

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