| 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
(b) make modifications to the conditions of the consent; or (c) in the case of an unconditional consent, provide that it shall be subject to such conditions as may be specified in the notice,
if it appears to the Agency, having regard to any material consideration, expedient to do so.
(b) that planning permission has been granted for development, the carrying out of which would involve a material change of use of that site and the development to which the permission relates has been commenced; or (c) in the case of a protection zone consent which relates only to one controlled substance, that that substance has not for at least five years been kept or used within the catchment control site to which the consent relates; or (d) in the case of a protection zone consent which relates to a number of controlled substances, that none of those substances has for at least five years been so kept or used.
(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").
(b) in relation to a protection zone consent regarding which a notice or notices under sub-paragraphs (1)(b) or (c) have been served, 4 years from the date when the most recent notice was served or, if that notice was appealed against, from the date of the determination of the appeal.
Appeals
(b) granted such consent subject to one or more conditions; or (c) served a notice revoking or in any way modifying a protection zone consent under regulation 11,
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.
(b) given notice to him that the application has been referred to the Secretary of State in accordance with directions given under regulation 8,
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.
(b) the Agency was deemed under paragraph (2) to have refused consent.
(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).
(b) any relevant maps, plans or other documents submitted in support of the application; (c) any relevant record, consent, determination, notice or other notification given, made, issued or served by the Agency; and (d) any other relevant correspondence between the appellant and the Agency.
(6) The Secretary of State shall -
(b) in the case of an appeal under paragraphs (1)(a) or (b), require the Agency to serve notice in writing, within 14 days of the receipt of the copy of the notice of appeal mentioned in the preceding sub-paragraph, on any person whose advice or comments with respect to the application fell to be considered by the Agency in accordance with regulation 7(9)(f).
(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.
(b) afford the appellant and the Agency an opportunity of appearing before, and being heard by, a person appointed by the Secretary of State for the purpose.
(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.
(b) a copy of every application for protection zone consent validly claimed under article 6 of the River Dee Catchment Order; (c) in respect of every application for protection zone consent which has been determined under these Regulations made to the Agency -
(ii) particulars of any direction given under regulation 8; (iii) the decision (if any) of the Agency, including details of any conditions subject to which consent was granted and the date of the decision; (iv) the reference number, date and effect of any decision of the Secretary of State, whether on a reference under regulation 8 or on an appeal under regulation 12;
(d) a copy of every notice revoking or modifying protection zone consent made by the Agency.
(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.
(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 -
(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. 1. The following is required -
(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.
(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.
(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. 1. - (1) The following is required -
(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.
(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.
1. The following is required -
(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.
(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.
(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:
(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:
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
ISBN 0 11 082444 X
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