SCHEDULE 5Environmental permits

C1PART 1Grant, variation, transfer and surrender of environmental permits

Annotations:
Modifications etc. (not altering text)

Consultation with F2... member States10

1

This paragraph applies if—

a

an appropriate authority is aware that the grant of a relevant application or regulator-initiated variation is likely to have significant negative effects on the environment of F6a member State, or

b

F7a member State requests information about a relevant application or about a proposal for a regulator-initiated variation.

2

As soon as is reasonably practicable the appropriate authority must—

a

send the particulars of the relevant application or regulator-initiated variation to that member State F8... ,

b

inform that member State of the relevant information, F9...

c

notify the operator and the regulator that it has complied with paragraphs F1(a) and (b)F4 , and

F5d

comply with sub-paragraph (2A).

F32A

The appropriate authority must—

a

consult the authorities of that member State, and

b

allow such reasonable period as may have been agreed with those authorities for them to ensure that the authorities and the public concerned in that member State are given an opportunity to forward their representations on the relevant information supplied.

3

If a regulator receives notification under sub-paragraph (2)(c), it must not determine the application or make the regulator-initiated variation until the appropriate authority has—

a

notified it that the F10consultation described in sub-paragraph (2A)(a) has been completed, and

F11aa

notified it that the period described in sub-paragraph (2A)(b) has ended, and

b

sent it any representations made by the member State.

4

In this paragraph—

  • “member State” includes Iceland, Liechtenstein and Norway but only to the extent that there is a relevant application or regulator-initiated variation which relates to the carrying on at an installation of an activity listed in Annex I to the Industrial Emissions Directive;

  • “relevant application” means an application for the grant or variation of an environmental permit in relation to an installation described in sub-paragraph (5) or a Category A mining waste facility;

  • F12. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • “relevant information” means—

    1. a

      where the relevant application or regulator-initiated variation relates to an installation described in sub-paragraph (5), a matter in paragraph 1 of Annex IV to the Industrial Emissions Directive;

    2. b

      where it relates to a Category A mining waste facility, the information F13described in Article 7(2) of the Mining Waste Directive.

5

The description in this sub-paragraph is an installation where an activity listed in Annex 1 to the Industrial Emissions Directive is carried on.