Statutory Instruments 1999 No. 916
The Water Protection Zone (River Dee Catchment) (Procedural and Other Provisions) Regulations 1999
- continued

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Revocation of consents and alteration and imposition of conditions
     11.  - (1) Subject to the provisions of these Regulations, the Agency may by a notice served on the person in control of the catchment control site to which the protection zone consent relates - 

if it appears to the Agency, having regard to any material consideration, expedient to do so.

    (2) A notice under paragraph (1) shall specify the date on which it is to come into force, being a date which is not earlier than the expiry of the period of appeal in regulation 12(3).

    (3) No condition shall be imposed under paragraph (1), whether by modification of an existing condition or by way of a new condition, which could not be imposed on an application under regulation 7.

    (4) The Agency may also by such a notice revoke a protection zone consent where - 

    (5) The Agency may not, without the consent of the person in control of the catchment control site to which the protection zone consent relates, serve a notice under paragraph (1) before the expiration of the period specified in paragraph (6) ("the guaranteed period").

    (6) The guaranteed period is - 

Appeals
    
12.  - (1) Where the Agency, otherwise than in pursuance of a direction of the Secretary of State, has - 

the applicant or the person in control of the catchment control site to which the notice served relates may appeal against it to the Secretary of State.

    (2) A person who has made an application for protection zone consent may also appeal to the Secretary of State if the Agency has neither - 

within the period specified in regulation 7(6); and for the purposes of this regulation in such a case the Agency shall be deemed to have refused the application.

    (3) Subject to paragraph (4) an appeal under this regulation must be made by giving to the Secretary of State in writing notice of appeal with a statement of the grounds of appeal, to be submitted before the expiry of the period of three months beginning with the day on which - 

    (4) Where an appeal is made against a refusal to grant protection zone consent or a grant of such consent subject to one or more conditions, the Secretary of State may allow notice of appeal to be given after the expiry of the relevant period mentioned in paragraph (3).

    (5) The Secretary of State may require the appellant to send him within 21 days of giving notice of appeal (or such longer period as the Secretary of State may allow) a copy of any or all of the following documents - 

    (6) The Secretary of State shall - 

    (7) A notice required to be served under paragraph (6)(b) shall state that an appeal has been lodged, and that further representations may be made to the Secretary of State in respect of the application within a period of 21 days from the date of service of the notice.

    (8) The Secretary of State shall send to the appellant and the Agency a copy of any representations received by him in pursuance of paragraph (7).

    (9) The Secretary of State may, if he thinks fit, require the appellant or the Agency to submit to him within a specified period a further statement in writing in respect of any of the matters to which the appeal relates, and where he exercises this power he shall send to the appellant or, as the case may be, the Agency a copy of any statement made by the other.

    (10) If, after considering the grounds of the appeal and the documents before him, the Secretary of State is satisfied that he is sufficiently informed to determine the appeal he may, not earlier than 14 days after giving notice in writing to the appellant and the Agency of his intention to determine the appeal, determine it without further investigation unless such investigation is required by the appellant or the Agency pursuant to paragraph (12).

    (11) Where any requirement by the Secretary of State under paragraph (5) or (9) has not been complied with by the expiry of the relevant period the Secretary of State may, after allowing a further specified period which appears to him reasonable, determine the appeal without further investigation.

    (12) If either the appellant or the Agency within a period of 14 days after service of notice under paragraph 10 request the Secretary of State not to determine the appeal without further investigations or the Secretary of State otherwise considers it expedient to do so, the Secretary of State shall either - 

    (13) Where under this regulation the Secretary of State affords to an applicant and the Agency an opportunity of appearing before and being heard by a person appointed for the purpose, it shall be the duty of the Secretary of State to afford an opportunity of appearing before, and being heard by, that person to every person who has made any representations or objection to the Secretary of State with respect to the application in question.

    (14) The Secretary of State may allow or dismiss the appeal under this regulation or may reverse or vary any part of the decision of the Agency (whether or not the appeal relates to that part of it) and, in the case of an appeal under sub-paragraphs (1)(a) or (b), may deal with the application as if it had been made to him in the first instance.

    (15) Before reversing or varying on an appeal any part of a decision of the Agency to which the appeal does not relate, the Secretary of State shall serve notice of his intention on the appellant and the Agency and give to them a reasonable period (being not less than 28 days) to object.

    (16) Where an appeal is brought against a notice served by the Agency under regulation 11 the notice shall not take effect pending the determination or the withdrawal of the appeal.

Consents register
    
13.  - (1) The Agency shall keep a register which shall contain - 

    (2) Where information of any description is excluded from any register by virtue of section 191B[10] of the Act, a statement shall be entered in the register indicating the existence of information of that description.

    (3) If so directed by the Secretary of State, the Agency shall remove from the register any information which is not prescribed for inclusion under paragraph (1) above or which by virtue of section 191A[11] or 191B of the Act ought to have been excluded from the register.

    (4) The register shall include an index to enable any person to trace an entry in the register.

    (5) Every entry in the register shall be made within 28 days of the relevant information being available to the Agency.

    (6) The register shall be kept at an office of the Agency within the protection zone.

    (7) It shall be the duty of the Agency - 

    (a) to secure that the contents of the register are available, at all reasonable times, for inspection by the public free of charge; and

    (b) to afford members of the public reasonable facilities for obtaining from the Agency, on payment of reasonable charges, copies of entries in the register.

    (8) For the purpose of paragraph (1)(a), an application shall not be treated as finally determined unless - 

    (a) it has been decided by the Agency (or the period specified in regulation 7(6) has expired without it giving a decision) and the period specified in regulation 12(3) has expired without any appeal having been made to the Secretary of State; or

    (b) it has been referred to the Secretary of State under regulation 8 or an appeal has been made to the Secretary of State under regulation 12 and the Secretary of State has issued his decision; or

    (c) it has been withdrawn by the applicant before being determined or an appeal has been withdrawn by the appellant before the Secretary of State has issued his decision.

    (9) The register to be kept pursuant to this regulation may be kept in any form.

Charges in connection with protection zone consent
     14.  - (1) Where an application is made to the Agency for protection zone consent under these Regulations, a charge of £250 shall be payable to the Agency unless the application relates to 10 or fewer controlled substances, when a charge of £50 shall be payable.

    (2) Any charge due in respect of an application shall be paid by the applicant and shall accompany the application when it is made to the Agency.

    (3) Any charge paid pursuant to this regulation shall be refunded if the application is rejected for failing to meet the requirements of these Regulations.

Inquiries
    
15. Section 53 of the Environment Act 1995[12] shall apply to inquiries held under any provisions of these Regulations in the same way as it applies to inquiries held under any provision of the Act.



Signed by authority of the Secretary of State for the Environment, Transport and the Regions


A G Meale
Parliamentary Under Secretary of State, Department of the Environment, Transport and the Regions

17th March 1999



Signed by authority of the Secretary of State for Wales


Jon Owen Jones
Parliamentary Under Secretary of State, Welsh Office

19th March 1999



SCHEDULE 1
Regulation 5


INFORMATION AND OTHER DOCUMENTATION REQUIRED IN RELATION TO APPLICATIONS FOR PROTECTION ZONE CONSENT


     1. The following is required - 

    (a) a site map;

    (b) a substance location plan;

    (c) a substance specification statement;

    (d) a safety and emergency statement; and

    (e) where the controlled substance is to be used in a manufacturing, treatment or other industrial process, a process specification statement.

     2. The site map required by paragraph 1(a) shall be a map reproduced from, or based upon, an Ordnance Survey map with a scale of not less than 1 to 10,000, which identifies the site to which the application relates and shows National Grid lines and reference numbers.

     3. The substance location plan required by paragraph 1(b) shall be a plan of the site to which the application relates, drawn to a scale of not less than 1 to 2,500, which identifies - 

    (a) any area of the site intended to be used for the storage of the controlled substance;

    (b) where the substance is to be used in a manufacturing, treatment or other industrial process, the location of the major items of plant involved in that process in which the substance will be kept or used;

    (c) access points to and from the site.

     4. The substance specification statement required by paragraph 1(c) shall contain details of the controlled substance, its density and solubility in water, the maximum quantity (by volume or weight as appropriate) of it proposed to be kept or used, the manner in which it is to be kept or used and details (including its cubic capacity) of any vessel to be used for its storage.

     5. The safety and emergency statement required by paragraph 1(d) shall contain the following information - 

      (i) a description of the potential sources of an incident which might result in some or all of the substance entering, leaching or being discharged into the land within the site to which the application relates, any neighbouring land or any inland waters in the vicinity thereof;

      (ii) a description of the conditions or events which could be significant in bringing such an incident about;

      (iii) a description of the measures taken or proposed to be taken to prevent, control or minimise the consequences of any such incident to the inland waters in the vicinity; and

      (iv) the emergency procedures laid down for dealing with such an incident at the site.

     6. The process specification statement required by paragraph 1(e) shall contain a general description of the process, a description of the major items of plant which will contain the substance and a statement of the maximum quantity (by volume or weight as appropriate) which is liable to be kept or used in the major items of the plant.



SCHEDULE 2
Regulation 9


INFORMATION AND OTHER DOCUMENTATION REQUIRED IN RELATION TO APPLICATIONS FOR VARIATION OF PROTECTION ZONE CONSENT


     1.  - (1) The following is required - 

    (a) a copy of the relevant consent and, if required by sub-paragraph (2), a change of location plan;

    (b) details of the controlled substances to which the relevant consent relates, the maximum quantity (by volume or weight as appropriate) of each of them kept or used or proposed to be kept or used and their density and solubility in water;

    (c) details of any conditions previously imposed which it is intended should not be imposed on the consent, or should only be imposed in a modified form (in the latter case indicating the proposed modification) and reasons why such a condition or conditions should not be imposed or should only be imposed in a modified form;

    (d) a description of any relevant changes in circumstances since the consent was obtained;

    (e) a safety and emergency statement.

    (2) A change of location plan is required in the case of an application which relates in whole or in part to changing the location of a controlled substance, and shall be a plan of the site to which the application relates, drawn to a scale of not less than 1 to 2,500 which identifies the location of the controlled substance at the date of the application and the proposed change of location.

     2. The relevant consent referred to in sub-paragraph 1(1)(a) is the existing protection zone consent which applies to the catchment control site to which the application relates.

     3. The safety and emergency statement required by sub-paragraph 1(1)(e) shall contain the following information - 

      (i) a description of the potential sources of an incident which might result in some or all of the substance entering, leaching or being discharged into the land within the site to which the application relates, any neighbouring land or any inland waters in the vicinity thereof;

      (ii) a description of the conditions or events which could be significant in bringing such an incident about;

      (iii) a description of the measures taken or proposed to be taken to prevent, control or minimise the consequences of any such incident to the inland waters in the vicinity; and

      (iv) the emergency procedures laid down for dealing with such an incident at the site.



SCHEDULE 3
Regulation 10


INFORMATION AND OTHER DOCUMENTATION REQUIRED IN RELATION TO APPLICATIONS FOR CONTINUATION OF PROTECTION ZONE CONSENT


     1. The following is required - 

    (a) a copy of the relevant consent and a change of control plan;

    (b) details of the controlled substances kept or used, or proposed to be kept or used within the site, or that part of the site to be subject to the proposed change of control, the maximum quantity (by volume or weight as appropriate) of each of them kept or used or proposed to be kept or used and their density and solubility in water;

    (c) a description of the use of each area of the site identified in the change of control plan and a description of any relevant changes in circumstances since the consent was granted; and

    (d) a safety and emergency statement.

     2. The change of control plan required by paragraph 1(a) shall be a plan of the site to which the application relates, drawn to a scale of not less than 1 to 2,500, which identifies the extent of the site and any area under separate control after the proposed change of control.

     3. The relevant consent referred to in paragraph 1(a) is the protection zone consent which applies to the site to be subject to the proposed change of control.

     4. The safety and emergency statement required by paragraph 1(d) shall contain the following information - 

      (i) a description of the potential sources of an incident which might result in some or all of the substance entering, leaching or being discharged into the land within the site to which the application relates, any neighbouring land or any inland waters in the vicinity thereof;

      (ii) a description of the conditions or events which could be significant in bringing such an incident about;

      (iii) a description of the measures taken or proposed to be taken to prevent, control or minimise the consequences of any such incident to the inland waters in the vicinity; and

      (iv) the emergency procedures laid down for dealing with such an incident at the site.



EXPLANATORY NOTE

(This note is not part of the Regulations)


Section 96 of the Water Resources Act 1991 ("the 1991 Act") gives the Secretary of State power to make regulations for the purposes of any order made under section 93 of the 1991 Act which designates a water protection zone and requires the consent of the Environment Agency ("the Agency") to the carrying on of activities within it.

The Secretary of State for the Environment, Transport and the Regions and the Secretary of State for Wales have made an order jointly under section 93 of the 1991 Act entitled "The Water Protection Zone (River Dee Catchment) Designation Order 1999" which designates as a water protection zone an area forming part of the freshwater river Dee catchment.

The Regulations provide the procedure to be followed in relation to controlled activities within water protection zone and make provisions in relation to:

    (a) applications to the Agency for protection zone consent (regulations 5 and 6);

    (b) the Agency's consideration and determination of such applications (regulations 6 and 7);

    (c) the reference of applications to and the making of appeals to the Secretary of State (regulations 8 and 12);

    (d) continuation of protection zone consent and variation of protection zone consent conditions (regulations 9 and 10);

    (e) the revocation of protection zone consents and the alteration and imposition of conditions (regulation 11);

    (f) a consents register (regulation 13);

    (g) charges in connection with applications for protection zone consent (regulation 14).

A regulatory impact assessment of the effect that these Regulations would have on the cost of business may be obtained from:

    The Water Quality Division, Department of the Environment, Transport and the Regions, Ashdown House, 123 Victoria Street, London SW1E 6DE, or Environment Division, Welsh Office, Cathays Park, Cardiff CF1 3NQ.


Notes:

[10] Section 191B was inserted by paragraph 170 of Schedule 22 to the Environment Act 1995.back

[11] Section 191A was inserted by paragraph 170 of Schedule 22 to the Environment Act 1995.back

[12] 1995 c.25.back



ISBN 0 11 082444 X


 
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