Legalize / United Kingdom / Northern Ireland / Ni-Statutory-Rule

The Pollution Prevention and Control (Industrial Emissions) Regulations (Northern Ireland) 2013

Type Ni-Statutory-Rule

Publication 2013-06-05

Last updated 2025-04-01

State In force

Jurisdiction Northern Ireland

Department Government Printer for Northern Ireland

Source legislation.gov.uk

PDF Download

articles Not indexed

Reform history JSON API

(c) remove, control, contain or reduce any relevant hazardous substance in soil or groundwater so that the site, taking into account its current or approved future use, ceases to pose a significant risk to human health or the environment,

the revocation notice shall specify that this is the case and, in so far as those steps are not already required to be taken by the conditions of the permit, the steps to be taken.

(6) Subject to paragraph (7) and regulation 31(6), a permit shall cease to have effect, or, in the case of a partial revocation, shall cease to have effect to the extent specified in the revocation notice, from the date specified in the notice.

(7) Where paragraph (5) applies, the permit shall cease to have effect to authorise the operation of the Part A installation or Part A mobile plant from the date specified in the revocation notice but shall continue to have effect in so far as the permit requires steps to be taken once it is no longer in operation until the chief inspector issues a certificate of satisfaction stating that all such steps have been taken.

(8) Where a permit continues to have effect as specified in paragraph (7), any steps specified in a revocation notice pursuant to paragraph (5) shall be treated as if they were required to be taken by a condition of the permit and regulations 19, 26, 27 and 36(1)(b) shall apply in relation to the requirement to take such steps, and to any other conditions in the permit which require steps to be taken once the installation is no longer in operation, until the chief inspector issues a certificate as specified in paragraph (7).

(9) An enforcing authority which has served a revocation notice may, before the date on which the revocation takes effect, withdraw the notice.

(10) Regulation 22(12) shall apply for the purpose of deciding whether a pollution risk results from the operation of a Part A installation or Part A mobile plant for the purpose of this regulation as it applies for the purpose of regulation 22.

Fees and charges in relation to permits

25

(1) There shall be charged by and paid to the enforcing authority such fees and charges as may be prescribed by a scheme under paragraph (2) (whether by being specified in or made calculable under the scheme).

(2) The Department may make, and from time to time revise, a scheme prescribing—

(a) fees payable in respect of applications for permits;

(b) fees payable in respect of, or of applications for, the variation, transfer and surrender of such permits;

(d) fees and costs payable in connection with appeals under these Regulations.

(3) The Department shall, on making or revising a scheme under paragraph (2), lay a copy of the scheme or of the revisions made to the scheme or, if it considers it more appropriate, the scheme as revised, before the Assembly.

(4) The Department may make separate schemes for fees and charges payable to the chief inspector and fees and charges payable to district councils under these Regulations.

(5) A scheme under paragraph (2) may, in particular—

(a) allow for reduced fees or charges to be payable in respect of permits granted to the same person;

(b) provide for the times at which and the manner in which the payments required by the scheme are to be made (subject to the requirements in these Regulations as to the times at which payment is required); and

(6) The Department, in framing a scheme under paragraph (2), shall, so far as practicable, secure that the fees and charges payable under the scheme are sufficient, taking one year with another, to cover the expenditure incurred by—

(a) the enforcing authorities in exercising their functions under these Regulations in relation to permits;

(b) the Department in exercising its functions under regulation 15(1) or in preparing guidance in relation to the authorisation of installations and mobile plant covered by district council permits.

(7) A scheme under paragraph (2) may provide that, to the extent that the sums paid to a district council under the scheme relate to expenditure incurred by the Department as specified in paragraph (6)(b), those sums shall be paid by the district council to the Department.

(8) If it appears to the enforcing authority that the holder of a permit has failed to pay a charge due in consideration of the subsistence of the permit, it may revoke the permit under regulation 24.

(9) Any fees and charges received by the chief inspector under this regulation shall be paid into the Consolidated Fund.

(10) In this regulation, “district council permit” means a permit applying to installations or mobile plant in relation to which a district council exercises functions under these Regulations.

PART 3 — ENFORCEMENT

Duty of the enforcing authority to undertake inspections and to ensure compliance with conditions

26

(1) While a permit is in force it shall be the duty of the enforcing authority to take such action under these Regulations as may be necessary for the purpose of ensuring that the conditions of the permit are complied with.

(2) In the case of a Part A installation or Part A mobile plant the chief inspector shall set up a system of environmental inspections of installations and mobile plant addressing the examination of the full range of relevant environmental effects from the installations and mobile plant concerned.

(3) The chief inspector shall ensure that all Part A installations and Part A mobile plant are covered by an environmental inspection plan and shall ensure that this plan is regularly reviewed and, where appropriate, updated.

(4) Each environmental inspection plan shall include the following—

(a) a general assessment of relevant significant environmental issues;

(b) the geographical area covered by the inspection plan;

(d) procedures for drawing up programmes for routine environmental inspections pursuant to paragraph (5); and

(e) procedures for non-routine environmental inspections pursuant to paragraph (7).

(5) Based on the inspection plans, the chief inspector shall regularly draw up programmes for routine environmental inspections, including the frequency of site visits for different types of installations and mobile plant so that—

(a) the period between two site visits is based on a systematic appraisal of the environmental risks of the installations and mobile plant concerned and does not exceed one year for installations and mobile plant posing the highest risks and three years for installations and mobile plant posing the lowest risks;

(b) if an inspection has identified an important case of non-compliance with the permit conditions, an additional site visit shall be carried out within six months of that inspection;

(6) The systematic appraisal of the environmental risks shall be based on at least the following criteria—

(a) the potential and actual impacts of the installations and mobile plant concerned on human health and the environment taking into account the levels and types of emissions, the sensitivity of the local environment and the risk of accidents;

(b) the record of compliance with permit conditions; ...

(7) Non-routine environmental inspections of Part A installations and Part A mobile plant shall be carried out to investigate serious environmental complaints, serious environmental accidents, incidents and occurrences of non-compliance as soon as possible and, where appropriate, before the granting, reconsideration or update of a permit.

(8) Following each site visit to a Part A installation or Part A mobile plant, the chief inspector shall—

(a) prepare a report describing its relevant findings regarding compliance of the installation or mobile plant with the permit conditions and its conclusions on whether any further action is necessary;

(b) notify the operator concerned within two months of the site visit taking place; and

Enforcement notices

27

(1) If the enforcing authority is of the opinion that an operator has contravened, is contravening or is likely to contravene any condition of his permit, the enforcing authority may serve on him a notice (an “enforcement notice”).

(2) An enforcement notice shall—

(a) state the opinion of the enforcing authority;

(b) specify the matters constituting the contravention or the matters making it likely that the contravention will arise;

(c) specify the steps that must be taken to remedy the contravention or to remedy the matters making it likely that the contravention will arise, as the case may be;

(d) specify the period within which those steps must be taken; and

(e) be in writing.

(3) The steps that may be specified in an enforcement notice as steps that must be taken to remedy the contravention of any condition of a permit may include both steps that must be taken to make the operation of the installation or mobile plant comply with the conditions of the permit and steps that must be taken to remedy the effects of any pollution caused by the contravention.

(4) The enforcing authority may also serve on an operator an enforcement notice in the event of an accident or incident significantly affecting the environment.

(5) An enforcement notice served under paragraph (4) shall—

(a) specify the measures that the enforcing authority considers necessary to limit the environmental consequences and to prevent further possible incidents or accidents;

(b) specify the period within which those steps must be taken; and

(6) The enforcing authority may withdraw an enforcement notice at any time by further written notice served on the operator.

Suspension notices

28

(1) If the enforcing authority is of the opinion, in respect of an installation or mobile plant authorised under these Regulations, that the operation of the installation or mobile plant, or the operation of it in a particular manner, involves an imminent risk of serious pollution, it shall, unless it intends to arrange for steps to be taken under regulation 29(1) in relation to the risk, serve a notice under this regulation (a “suspension notice”) on the operator of the installation or mobile plant.

(2) Paragraph (1) applies whether or not the particular manner of operating the installation or mobile plant in question is regulated by or contravenes a condition of the permit.

(3) If the chief inspector is of the opinion, in respect of the carrying out of specified waste management activities under a permit, that the operator carrying out the activities has ceased to be a fit and proper person in relation to those activities by reason of their management having ceased to be in the hands of a technically competent person, the chief inspector may serve a suspension notice on that operator.

(4) A suspension notice shall—

(a) state the enforcing authority’s opinion, as mentioned in paragraph (1) or (3);

(b) in the case of a notice served under paragraph (1), specify—

(i) the imminent risk involved in the operation of the installation or mobile plant;

(ii) the steps that must be taken to remove it and the period within which they must be taken;

(c) state that any relevant permit shall, until the notice is withdrawn, cease to have the effect of authorising the operation of the installation or mobile plant or the carrying out of specified activities in the installation or by means of the mobile plant;

(d) where any relevant permit is to continue to have the effect of authorising the carrying out of activities, state any steps, in addition to those already required to be taken by the conditions of the permit, that are to be taken in carrying out those activities; and

(e) be in writing.

(5) Where a suspension notice is served under this regulation any relevant permit shall, on the service of the notice, cease to have effect as stated in the notice.

(6) The enforcing authority may withdraw a suspension notice at any time, by further notice served on the operator, and shall withdraw a notice when it is satisfied—

(a) in the case of a notice served under paragraph (1), that the steps required by the notice to remove the imminent risk of serious pollution have been taken; and

(b) in the case of a notice served under paragraph (3), that the management of the specified waste management activities is in the hands of a technically competent person.

Power of the enforcing authority to prevent or remedy pollution

29

(1) If the enforcing authority is of the opinion, in respect of the operation of an installation or mobile plant authorised under these Regulations, that the operation of the installation or mobile plant, or the operation of it in a particular manner, involves an imminent risk of serious pollution, the enforcing authority may arrange for steps to be taken to remove that risk.

(2) Where the commission of an offence under regulation 36(1)(a), (b) or (d) causes any pollution the enforcing authority may arrange for steps to be taken towards remedying the effects of the pollution.

(3) An enforcing authority which intends to arrange for steps to be taken under paragraph (2) shall, at least seven days before the steps are taken, notify the operator in writing of the steps that are to be taken.

(4) Subject to paragraph (5), where an enforcing authority arranges for steps to be taken under this regulation it may recover the cost of taking those steps from the operator concerned.

(5) No costs shall be recoverable under paragraph (4) where the enforcing authority arranges for steps to be taken under paragraph (1) if the operator shows that there was no imminent risk of serious pollution requiring any such steps to be taken and no other costs shall be recoverable which the operator shows to have been unnecessarily incurred by the enforcing authority.

Powers of inspectors and others

30

(1) An inspector may, on production (if so required) of his authority, exercise any of the powers in paragraph (3) for the purpose of—

(a) determining whether any provisions of the pollution control statutory provisions in the case of an enforcing authority are being, or have been, complied with;

(b) discharging one or more of the functions conferred or imposed on an enforcing authority by or under the pollution control statutory provisions; or

(2) Those powers, so far as exercisable in relation to premises, are exercisable in relation to premises on which activities listed—

(a) in Part 1 of Schedule 1 are, or are believed (on reasonable grounds) to be carried out;

(b) in Part 1 of Schedule 1 have, or are believed (on reasonable grounds) to have, been carried out (whether or not the activities were so listed when they were carried out), the condition of which is believed (on reasonable grounds) to be such as to give rise to a risk of serious pollution; and

(c) in Schedule 1 to the Greenhouse Gas Emissions Trading Scheme Regulations 2005[^f00020] are or have been, or are believed (on reasonable grounds) to be or to have been, carried out.

(3) The powers of the inspector are—

(a) to enter at any reasonable time (or, in an emergency, at any time and, if need be, by force) any premises which he has reason to believe it is necessary for him to enter;

(b) on entering any premises by virtue of sub-paragraph (a) to take with him—

(i) any person duly authorised by the chief inspector or the district council and, if the inspector has reasonable cause to apprehend any serious obstruction in the execution of his duty, a constable; and

(ii) any equipment or materials required for any purpose for which the power of entry is being exercised;

(d) as regards any premises which he has power to enter, to direct that those premises or any part of them or anything in them, shall be left undisturbed (whether generally or in particular respects) for so long as is reasonably necessary for the purpose of any examination or investigation under sub-paragraph (c);

(e) to take such measurements and photographs and make such recordings as he considers necessary for the purpose of any examination or investigation under sub-paragraph (c);

(f) to take samples of any articles or substances found in or on any premises which he has power to enter, and of the air, water or land in, on, or in the vicinity of, the premises;

(g) in the case of any article or substance found in or on any premises which he has power to enter, being an article or substance which appears to him to have caused or to be likely to cause pollution, to cause it to be dismantled or subjected to any process or test (but not so as to damage or destroy it unless this is necessary);

(h) in the case of any such article or substance as is mentioned in sub-paragraph (g), to take possession of it and detain it for so long as is necessary for all or any of the following purposes, namely—

(i) to examine it and do to it anything which he has power to do under that sub- paragraph;

(ii) to ensure that it is not tampered with before his examination of it is completed; and

(iii) to ensure that it is available for use as evidence in any proceedings for an offence under regulation 36 or 37 or any other proceedings relating to a permit;

(i) to require any person whom he has reasonable cause to believe to be able to give any information relevant to any examination or investigation under sub-paragraph (c) to answer (in the absence of persons other than a person nominated by that person to be present and any persons whom the inspector may allow to be present) such questions as the inspector thinks fit to ask and to sign a declaration of the truth of his answers;

(j) to require the production of, or where the information is recorded in computerised form, the furnishing of extracts from, any records which are required to be kept under the pollution control statutory provisions or which it is necessary for him to see for the purposes of an examination or investigation under sub-paragraph (c) and to inspect and take copies of, or of any entry in, the records;

(k) to require any person to afford him such facilities and assistance with respect to any matters or things within that person’s control or in relation to which that person has responsibilities as are necessary to enable the inspector to exercise any powers conferred on him by this regulation; and

(l) any other power for the purpose mentioned in paragraph (1) which is conferred by regulations made by the Department.

(4) The powers, which under paragraphs (1) and (3) are conferred in relation to any premises for the purpose of enabling an enforcing authority to determine whether any provision of the pollution control statutory provisions in the case of that enforcing authority is being, or has been, complied with, shall include power, in order to obtain the information on which that determination may be made—

(a) to carry out experimental borings or other works on those premises; and

(b) to install, keep or maintain monitoring and other apparatus there.

(5) Except in an emergency, in any case where it is proposed to take heavy equipment on to any premises which are to be entered, any entry by virtue of this regulation shall only be effected—

(a) after the expiration of at least 7 days’ notice in writing of the proposed entry given to a person who appears to the inspector to be in occupation of the premises in question; and

(b) either—

(i) with the consent of a person who is in occupation of those premises; or

(ii) under the authority of a warrant by virtue of Schedule 14.

(6) Except in an emergency, where an inspector proposes to enter any premises and—

(a) entry has been refused and he apprehends on reasonable grounds that the use of force may be necessary to effect entry; or

(b) he apprehends on reasonable grounds that entry is likely to be refused and that the use of force may be necessary to effect entry,

any entry on those premises by virtue of this regulation shall only be effected under the authority of a warrant by virtue of Schedule 14.

(7) Where an inspector proposes to exercise the power conferred by paragraph (3)(g) in the case of any article or substance found on any premises, he shall, if so requested by a person who at the time is present on and has responsibilities in relation to those premises, cause anything which is to be done by virtue of that power to be done in the presence of that person.

(8) Before exercising the power conferred by paragraph (3)(g) in the case of any article or substance, an inspector shall consult—

(a) such persons having duties on the premises where the article or substance is to be dismantled or subjected to the process or test; and

(b) such other persons,

as appear to them appropriate for the purpose of ascertaining what dangers, if any, there may be in doing anything which he proposes to do under that power.

(9) No answer given by a person in pursuance of a requirement imposed under paragraph (3)(i) shall be admissible in evidence against that person in any proceedings.

(10) Nothing in this regulation shall be taken to compel the production by any person of a document of which that person would on grounds of legal professional privilege be entitled to withhold production on an order for discovery in an action in the High Court.

(11) In this regulation and Schedule 14—

“emergency” means a case in which it appears to the inspector in question— that there is an immediate risk of serious pollution; or that circumstances exist which are likely to endanger life or health, and that immediate entry to any premises is necessary to verify the existence of that risk or those circumstances or to ascertain the cause of that risk or those circumstances or to effect a remedy;

“pollution control statutory provisions” means— the Environment (Northern Ireland) Order 2002 and regulations made thereunder; the Planning (Control of Major Accident Hazards) Regulations (Northern Ireland) 2000[^f00021]; the Greenhouse Gas Emissions Trading Scheme Regulations 2005; or regulations made under section 2(2) of the European Communities Act 1972[^f00022] to the extent that those regulations relate to pollution;

“premises” includes any land, vehicle or vessel; and

“vehicle” means any motor vehicle or trailer within the meaning of the Road Traffic (Northern Ireland) Order 1981[^f00023].

(12) Schedule 14 shall have effect with respect to the powers of entry and related powers which are conferred by this regulation.

(13) This regulation and Schedule 14 apply (with appropriate modifications) in relation to mobile plant as they apply to premises.

(14) Nothing in section 98 of the Local Government Act (Northern Ireland) 1972[^f00024] shall apply to functions conferred on a district council under these Regulations.

PART 4 — APPEALS

Appeals from decisions with respect to permits

31

(1) Subject to paragraph (3), the following persons, namely—

(a) a person who has been refused the grant of a permit under regulation 10;

(b) a person who has been refused the variation of the conditions of a permit on an application under regulation 19(2);

(c) a person who is aggrieved by the conditions attached to his permit following an application under regulation 10 or by a variation notice following an application under regulation 19(2);

(d) a person whose application under regulation 20(1) for an enforcing authority to effect the transfer of a permit has been refused or who is aggrieved by the conditions attached to their permit to take account of such a transfer;

(e) a person whose application under regulation 22(3) to surrender a permit has been refused, or who is aggrieved by the conditions attached to their permit to take account of the surrender;

(f) a person who is aggrieved by a determination by an enforcing authority that information is not commercially confidential under regulation 35(2) or (5);

(g) a person whose request to initiate the closure procedure is not approved under regulation 15(3)(b) of the 2003 Landfill Regulations; or

(h) a person who is aggrieved by a decision relating to that person under paragraph 1(6)(b) of Schedule 4 to the 2003 Landfill Regulations,

may appeal against the decision or determination to the Planning Appeals Commission.

(2) Subject to paragraph (3), a person on whom a variation notice is served, other than following an application under regulation 19(2) or on whom a revocation notice, an enforcement notice, a suspension notice or a closure notice under regulation 16(1) of the 2003 Landfill Regulations is served may appeal against the notice to the Planning Appeals Commission.

(3) Paragraphs (1) and (2) shall not apply where the decision or notice implements a direction of the Department given under regulations 12(11) or 40 or paragraph 17(13) of Schedule 4 or paragraph 7(13) of Schedule 7, or a determination of an appeal by the Planning Appeals Commission.

(4) Where an appeal is brought against the decision or determination of an enforcing authority under paragraph (1), the Planning Appeals Commission may allow or dismiss the appeal or may reverse or vary any part of the decision or determination, and any determination of the Planning Appeals Commission on the appeal shall have the like effect as a decision of the enforcing authority.

(5) On the determination of an appeal made under paragraph (2) the Planning Appeals Commission may either quash or affirm the notice and, if it affirms it, may do so either in its original form or with such modifications as it may in the circumstances think fit.

(6) Where an appeal is brought under paragraph (2) against a revocation notice, the revocation shall not take effect pending the final determination or the withdrawal of the appeal.

(7) Where an appeal is brought under paragraph (1)(c), (d) or (e) in relation to the conditions attached to a permit, the bringing of the appeal shall not have the effect of suspending the operation of the conditions.

(8) Where an appeal is brought under paragraph (2) against a variation notice, an enforcement notice or a suspension notice, the bringing of the appeal shall not have the effect of suspending the operation of the notice.

(9) Where an appeal is brought under paragraph (1)(g) in relation to a request to initiate the closure procedure or under paragraph (2) in relation to a closure notice, the closure procedure shall not be initiated pending the final determination or the withdrawal of the appeal.

(10) Regulations 11 to 14 of these Regulations or regulation 8 of the 2003 Landfill Regulations shall apply where the Planning Appeals Commission, in exercising any of its powers under paragraphs (4) or (5), gives directions as to the conditions to be attached to a permit as they would apply to the enforcing authority when determining the conditions of the permit.

(11) Schedule 15 shall have effect in relation to the making and determination of appeals under this regulation.

(12) Where an appeal is brought under paragraph (1)(g) or (h) in relation to a landfill in respect of which a waste management licence within the meaning of Part II of the Waste and Contaminated Land (Northern Ireland) Order 1997 (a “licence”) is in force, this regulation and Schedule 15 shall apply as if—

(a) references to a permit were references to a licence;

(b) references to an operator were references to a licence holder; and

PART 5 — INFORMATION AND PUBLICITY

Information

32

(1) For the purpose of the discharge of its functions under these Regulations or the 2003 Landfill Regulations, the Department may, by notice in writing served on an enforcing authority, require the enforcing authority to furnish such information about the discharge of its functions as an enforcing authority as it may require.

(2) For the purposes of the discharge of their functions under these Regulations or the 2003 Landfill Regulations, the Department or an enforcing authority may, by notice in writing served on any person, require that person to furnish such information as is specified in the notice, in such form and within such period following service of the notice or at such time as is so specified.

(3) For the purposes of this regulation, the discharge by the Department of an obligation of the United Kingdom under ... any international agreement relating to the environment shall be treated as a function of the Department under these Regulations and the compilation of an inventory of emissions (whether or not from installations or mobile plant) shall be treated as a function of the chief inspector under these Regulations.

(4) The information which a person may be required to furnish by a notice served under paragraph (2) includes information on emissions which, although it is not in the possession of that person or would not otherwise come into the possession of that person, is information which it is reasonable to require that person to compile for the purpose of complying with the notice.

Public registers of information

33

(1) Subject to regulations 34 and 35 and to paragraphs 2 to 5 of Schedule 16, it shall be the duty of each enforcing authority, in respect of installations or mobile plant for which it is the enforcing authority, to maintain a register containing the particulars described in paragraph 1 of that Schedule.

(2) Subject to paragraph (3), the register maintained by a district council shall also contain any particulars contained in any register maintained by the chief inspector relating to the operation of an installation or mobile plant in the district of the district council in relation to which the chief inspector has functions under these Regulations.

(3) The chief inspector shall furnish each district council with the particulars which are necessary to enable it to discharge its duty under paragraph (2).

(4) Where information of any description is excluded from any register by virtue of regulation 35, a statement shall be entered in the register indicating the existence of information of that description.

(5) It shall be the duty of each enforcing authority—

(a) to secure that the registers maintained by them under this regulation are available, at all reasonable times, for inspection by the public free of charge; and

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

(6) Registers under this regulation may be kept in any form.

Exclusion from registers of information affecting national security

34

(1) No information shall be included in a register maintained under regulation 33 if and so long as, in the opinion of the Secretary of State, the inclusion in the register of that information, or information of that description, would be contrary to the interests of national security.

(2) The Secretary of State may, for the purpose of securing the exclusion from registers of information to which paragraph (1) applies, give to enforcing authorities directions—

(a) specifying information, or descriptions of information, to be excluded from their registers; or

(b) specifying descriptions of information to be referred to the Secretary of State for his determination,

and no information referred to the Secretary of State in pursuance of sub-paragraph (b) shall be included in any such register until the Secretary of State determines that it should be so included.

(3) The enforcing authority shall notify the Secretary of State of any information it excludes from the register in pursuance of directions under paragraph (2).

(4) A person may, as respects any information which appears to him to be information to which paragraph (1) may apply, give a notice to the Secretary of State specifying the information and indicating its apparent nature; and, if he does so—

(a) he shall notify the enforcing authority that he has done so; and

(b) no information so notified to the Secretary of State shall be included in any such register until the Secretary of State has determined that it should be so included.

Exclusion from registers of certain confidential information

35

(1) No information relating to the affairs of any individual or business shall be included in a register maintained under regulation 33, without the consent of that individual or the person for the time being carrying on that business, if and so long as the information—

(a) is, in relation to the person, commercially confidential; and

(b) is not required to be included in the register in pursuance of a direction under paragraph (7),

but information is not commercially confidential for the purposes of this regulation unless it is determined under this regulation to be so by the enforcing authority or, on appeal, by the Planning Appeals Commission.

(2) Where information is furnished to an enforcing authority for the purpose of these Regulations the person furnishing it may apply to the enforcing authority to have the information excluded from the register on the ground that it is commercially confidential (as regards that or another person) and the enforcing authority shall determine whether the information is or is not commercially confidential.

(3) Notice of determination under paragraph (2) shall be given to the applicant in writing within the period of 28 days beginning with the date of the application or within such longer period as may be agreed with the applicant.

(4) If the enforcing authority fails to give notice of its determination of an application under paragraph (2) within the period allowed by or under paragraph (3), the enforcing authority shall, if the applicant notifies the enforcing authority in writing that they treat the failure as such, be deemed to have determined at the end of that period that the information is not commercially confidential.

(5) Where it appears to an enforcing authority that any information which has been obtained by the enforcing authority under or by virtue of any provision of these Regulations and which is required to be included in the register unless excluded under this regulation might be commercially confidential, the enforcing authority shall (unless the information is the subject of an application under paragraph (2))—

(a) give to the person to whom or to whose business it relates notice in writing that that information is required to be included in the register unless excluded under this regulation; and

(b) give that person a reasonable opportunity—

(i) of objecting to the inclusion of the information on the ground that it is commercially confidential; and

(ii) of making representations to the enforcing authority for the purpose of justifying any such objection,

and, if any representations are made, the enforcing authority shall, having taken the representations into account, give that person notice of its determination as to whether the information is or is not commercially confidential.

(6) Where, under paragraph (2) or (5), an enforcing authority determines that information is not commercially confidential—

(a) the information shall not be entered in the register until the end of the period of 21 days beginning with the date on which the determination is notified to the person concerned or the determination is deemed to have been made under paragraph (4);

(b) if that person before the end of that period appeals to the Planning Appeals Commission against the decision under regulation 31(1)(f), the information shall not be entered in the register until the end of the period of seven days following the day on which the appeal is finally determined or is withdrawn.

(7) The Department may give to the enforcing authority directions as to specified information, or descriptions of information, which the public interest requires to be included in registers maintained under regulation 33 notwithstanding that the information may be commercially confidential.

(8) Information excluded from a register shall be treated as ceasing to be commercially confidential for the purposes of this regulation at the expiry of the period of four years beginning with the date of the determination by virtue of which it was excluded or at the expiry of such shorter period as may be specified in the notice of that determination for the purpose of this paragraph; but the person who furnished it may apply to the enforcing authority for the information to remain excluded from the register on the ground that it is still commercially confidential and the enforcing authority shall determine whether or not that is the case.

(9) Paragraph (6) shall apply in relation to a determination under paragraph (8) as it applies in relation to a determination under paragraph (2) or (5).

(10) Information is, for the purposes of any determination under this regulation, commercially confidential, in relation to any individual or other person, if its being contained in the register would prejudice to an unreasonable degree the commercial interests of that individual or other person.

PART 6 — PROVISION AS TO OFFENCES

Offences

36

(1) It is an offence for any person—

(a) to contravene regulation 9(1);

(b) to fail to comply with or to contravene a condition of a permit;

(d) to fail to comply with the requirements of an enforcement or a suspension notice served under regulation 27 or 28 or a compliance or closure notice served under regulation 15A or 16 of the 2003 Landfill Regulations;

(e) without reasonable excuse to fail to comply with any requirement imposed under regulation 30;

(f) without reasonable excuse—

(i) to fail or refuse to provide facilities or assistance or any information or to permit any inspection reasonably required by an inspector in the execution of their powers or duties under regulation 30; or

(ii) to prevent any other person from appearing before an inspector, or answering any questions to which an inspector may require an answer, pursuant to regulation 30(3);

(g) without reasonable excuse to fail to comply with any requirement imposed by a notice under regulation 32(2);

(h) to make a statement which they know to be false or misleading in a material particular, or recklessly to make a statement which is false or misleading in a material particular, where the statement is made—

(i) in purported compliance with a requirement to furnish any information imposed by or under these Regulations or the 2003 Landfill Regulations; or

(ii) for the purpose of obtaining the grant of a permit to themselves or any other person, or the variation, transfer or surrender of a permit;

(i) intentionally to make a false entry in any record required to be kept under a condition of a permit;

(j) with intent to deceive, to forge or use a document issued or authorised to be issued under a condition of a permit or required for any purpose under a condition of a permit or to make or have in their possession a document so closely resembling any such document as to be likely to deceive;

(k) to fail to comply with an order made by a court under regulation 39;

(l) intentionally to obstruct an inspector in the exercise or performance of his powers or duties; ...

(m) falsely to pretend to be an inspector; or

(n) to fail to comply with paragraph 4, 7, or 10 of Schedule 13A.

(2) A person guilty of an offence under sub-paragraph (a), (b), (d), (k) or (n) of paragraph (1) shall be liable—

(a) on summary conviction, to a fine not exceeding £50,000 or to imprisonment for a term not exceeding six months or to both; and

(b) on conviction on indictment, to a fine or to imprisonment for a term not exceeding five years or to both.

(3) A person guilty of an offence under sub-paragraph (c), (g), (h), (i) or (j) of paragraph (1) shall be liable—

(a) on summary conviction, to a fine not exceeding the statutory maximum; and

(b) on conviction on indictment, to a fine or to imprisonment for a term not exceeding two years or to both.

(4) A person guilty of an offence under sub-paragraph (e), (f) or (m) of paragraph (1) shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.

(5) A person guilty of an offence under sub-paragraph (l) of paragraph (1) shall be liable—

(a) in the case of an offence of obstructing an inspector in the execution of their powers under regulation 29—

(i) on summary conviction, to a fine not exceeding the statutory maximum; and

(ii) on conviction on indictment, to a fine or imprisonment for a term not exceeding two years, or to both;

(b) in any other case, on summary conviction, to a fine not exceeding level 5 on the standard scale.

(6) For the purposes of this regulation, section 20(2) of the Interpretation Act (Northern Ireland) 1954[^f00025] applies with the omission of the words “the liability of whose members is limited”.

(7) Where the affairs of a body corporate are managed by its members, paragraph (6) shall apply in relation to the acts or defaults of a member in connection with their functions of management as if he were a director of the body corporate.

(8) Where the commission by any person of an offence under this regulation is due to the act or default of some other person, that other person may be charged with and convicted of the offence by virtue of this paragraph whether or not proceedings for the offence are taken against the first-mentioned person.

Enforcement by the High Court

37

If the enforcing authority is of the opinion that proceedings for an offence under regulation 36(1)(d) would afford an ineffectual remedy against a person who has failed to comply with the requirements of an enforcement notice or a suspension notice under these Regulations, or compliance notice or closure notice under the 2003 Landfill Regulations, the enforcing authority may take proceedings in the High Court for the purpose of securing compliance with the notice.

Admissibility of evidence

38

(1) Information provided or obtained pursuant to or under a condition of a permit (including information so provided or obtained, or recorded, by means of any apparatus) shall be admissible in evidence in any proceedings, whether against the person subject to the condition or any other person.

(2) For the purposes of paragraph (1), apparatus shall be presumed in any proceedings to register or record accurately, unless the contrary is shown or the permit otherwise provides.

(3) Where—

(a) by virtue of a condition of a permit granted by an enforcing authority an entry is required to be made in any record as to the observance of any condition of the permit; and

(b) the entry has not been made,

that fact shall be admissible as evidence that that condition has not been observed.

(4) In this regulation—

“apparatus” includes any meter or other device for measuring, assessing, determining, recording or enabling to be recorded the volume, temperature, radioactivity, rate, nature, origin, composition, or effect of any substance, flow, discharge, emission, deposit or abstraction; and

“condition of a permit” includes any requirement to which a person is subject under or in consequence of a permit.

Power of court to order cause of offence to be remedied

39

(1) Where a person is convicted of an offence under regulation 36(1)(a), (b) or (d) in respect of any matters which appear to the court to be matters which it is in that person’s power to remedy, the court may, in addition to or instead of imposing any punishment, order the person, within such time as may be fixed by the order, to take such steps as may be specified in the order for remedying those matters.

(2) The time fixed by an order under paragraph (1) may be extended or further extended by order of the court on an application to the court made before the end of the time as originally fixed under paragraph (1), or extended under this paragraph.

(3) Where a person is ordered under paragraph (1) to remedy any matters, that person shall not be liable under regulation 36 in respect of those matters in so far as they continue during the time fixed by the order under paragraph (1), or any further time allowed under paragraph (2).

PART 7 — THE DEPARTMENT’S POWERS

Directions to enforcing authorities

40

(1) The Department may give directions to enforcing authorities of a general or specific character with respect to the carrying out of any of their functions under these Regulations or the 2003 Landfill Regulations.

(2) Without prejudice to the generality of the power conferred by paragraph (1), a direction under that paragraph may direct enforcing authorities—

(a) to exercise any of their powers under these Regulations or the 2003 Landfill Regulations or to do so in such circumstances as may be specified in the directions or in such manner as may be so specified; or

(b) not to exercise those powers, or not to do so in such circumstances or such manner as may be specified in the directions.

(3) Where the Department receives information pursuant to Article 26(1) of the IED in relation to the operation of an installation outside of the United Kingdom which is likely to have a significant negative effect on the environment of Northern Ireland, it shall, for the purpose of complying with Article 26(2) of the IED, direct the chief inspector to take such steps as it considers appropriate for the purpose of bringing the information to the attention of the persons in Northern Ireland likely to be affected by the operation of the installation and providing them with an opportunity to comment on that information.

(4) Where the Department receives information pursuant to Article 26(4) of the IED, it shall, for the purpose of complying with that Article, direct the chief inspector to take such steps as it considers appropriate for the purpose of bringing the information to the attention of persons in Northern Ireland likely to be affected by the operation of the installation to which the information relates.

(5) Any direction given under these Regulations shall be in writing and may be varied or revoked by a further such direction.

(6) It shall be a duty of an enforcing authority to comply with any direction which is given to it under these Regulations.

Guidance to enforcing authorities

41

(1) The Department may issue guidance to enforcing authorities with respect to the carrying out of any of their functions under these Regulations or the 2003 Landfill Regulations.

(2) An enforcing authority, in carrying out any of its functions under these Regulations or the 2003 Landfill Regulations, shall have regard to any guidance issued by the Department under this regulation.

Plans relating to emissions

42

(1) Subject to paragraph (3), the Department may make plans for—

(a) the setting of limits on the total amount, or the total amount in any period, of emissions from all, or any description of, sources within Northern Ireland; or

(b) the allocation of quotas relating to such emissions.

(2) Where the Department allocates a quota in a plan made under paragraph (1) it may also make a scheme for the trading or other transfer of the quota so allocated.

(3) This regulation shall not apply to an emission plan or to the Transitional National Plan .

(4) In this regulation—

“emission” means the direct or indirect release of any substance from individual or diffuse sources into the air, water or land; and

“emission plan” has the meaning given in the Large Combustion Plants (National Emission Reduction Plan) Regulations 2007[^f00026] and

“Transitional National Plan” has the meaning given in regulation 2 of the Large Combustion Plants (Transitional National Plan) Regulations 2015.

PART 8 — MISCELLANEOUS AND SUPPLEMENTAL PROVISIONS

Disclosure of information

43

(1) Notwithstanding any prohibition or restriction imposed by or under any statutory provision or rule of law, information of any description may be disclosed—

(a) by the Department to any enforcing authority; or

(b) by any enforcing authority to the Department or any other enforcing authority,

for the purpose of facilitating the carrying out by the Department or by any enforcing authority of any of their functions under these Regulations; and no person shall be subject to any civil or criminal liability in consequence of any disclosure made by virtue of this paragraph.

(2) Nothing in this regulation shall authorise the disclosure of information, disclosure of which would, in the opinion of the Secretary of State, be contrary to the interests of national security.

(3) No information disclosed to any person under this regulation shall be disclosed by that person to any other person otherwise than in accordance with the provisions of this regulation, or any other statutory provision which authorises or requires the disclosure, if that information is information—

(a) which relates to a trade secret of any person or which otherwise is or might be commercially confidential in relation to any person; or

(b) whose disclosure otherwise than under this regulation would, in the opinion of the Secretary of State, be contrary to the interests of national security.

(4) Any authorisation by or under this regulation of the disclosure of information by or to any person shall also be taken to authorise the disclosure of that information by or to any officer of the Secretary of State, who is authorised by that person to make the disclosure or to receive the information.

(5) Information is for the purposes of this regulation commercially confidential in relation to any person if its disclosure would prejudice to an unreasonable degree the commercial interests of that person.

Revocations

44

Schedule 17 shall have effect.

SCHEDULE 1 — ACTIVITIES, INSTALLATIONS AND MOBILE PLANT

PART 1 — ACTIVITIES

CHAPTER 1 — ENERGY INDUSTRIES

SECTION 1.1 — COMBUSTION ACTIVITIES

Part A

(a) Burning any fuel in an appliance with a rated thermal input of 50 megawatts or more.

Interpretation of Part A

1Where two or more appliances with an aggregate rated thermal input of 50 megawatts or more are operated on the same site by the same operator those appliances shall be treated as a single appliance with a rated thermal input of 50 megawatts or more.Part BNil.Part CaUnless falling within Part A of this section, burning any fuel, in a boiler or furnace or a gas turbine or compression ignition engine with, in the case of any of these appliances, a net rated thermal input of 20 megawatts or more but less than a rated thermal input of 50 megawatts.bUnless falling within head (a) of this Part, burning any fuel or fuels in a medium combustion plant with a net rated thermal input of 1 megawatt or more but less than a rated thermal input of 20 megawatts.cUnless falling within another head in this part, the operation of a specified generator.bUnless falling within Part A of this section, or head (a) of this Part, burning any fuel or fuels in a combination of boilers, furnaces, turbines or compression ignition engines on the same site which, when added together, have a net rated thermal input of 20 megawatts or more but less than a rated thermal input of 50 megawatts.Interpretation of Part C

1Nothing in this Part applies to any activity falling within Part A of section 5.1.

2Head (b) of this Part shall only apply to installations to which Article 14(5) of the Energy Efficiency Directive applies.

SECTION 1.2 — GASIFICATION, LIQUEFACTION AND REFINING ACTIVITIES

Part A

(a) Refining gas.

(b) Operating coke ovens.

(i) coal; or

(ii) other fuels in installations with a total rated thermal input of 20 megawatts or more.

(d) Refining mineral oils.

(e) The loading, unloading or other handling of, the storage of, or the physical, chemical or thermal treatment of—

(i) crude oil; or

(ii) stabilised crude petroleum;

(f) Activities involving the pyrolysis, carbonisation, distillation, liquefaction, gasification, partial oxidation or other heat treatment of coal (other than the drying of coal), lignite, oil, other carbonaceous material or mixtures thereof otherwise than with a view to making charcoal.

Interpretation of Part A

1Head (f) does not include—athe incineration or pyrolysis of any substance as a waste;bany activity for the treatment of sewage or sewage sludge;cthe anaerobic digestion of biodegradable material, none of which is waste; ordthe anaerobic digestion of biodegradable waste in an installation with a waste treatment capacity not exceeding 100 tonnes per day.

2In head (f), the heat treatment of oil, other than distillation, does not include the heat treatment of waste oil or waste emulsions containing oil in order to recover the oil from aqueous emulsions.Part BaBlending odorant for use with natural gas or liquefied petroleum gas.bThe storage of petrol in stationary storage tanks at a terminal, or the loading or unloading of petrol into or from road tankers, rail tankers or inland waterway vessels at a terminal, where the total quantity of petrol loaded from the stationary storage tanks into road tankers, rail tankers or inland waterway vessels in any 12 month period is likely to be equal to or greater than 10,000 tonnes.Part CaThe storage of petrol in stationary storage tanks at a terminal, or the loading or unloading of petrol into or from road tankers, rail tankers or inland waterway vessels at a terminal where the total quantity of petrol loaded from the stationary storage tanks into road tankers, rail tankers or inland waterway vessels in any 12 month period is likely to be less than 10,000 tonnes.bThe unloading of petrol into stationary storage tanks at a service station, if the total quantity of petrol unloaded into such tanks at the service station in any period of 12 months is likely to be 500m³or more.cMotor vehicle refuelling activities at an existing service station after the listed date.dMotor vehicle refuelling activities at a new service station, if the petrol refuelling throughput at that service station in any 12 month period is, or is intended to be, greater than 500 m³.eMotor vehicle refuelling activities at a new service station if the petrol refuelling throughput at that service station in any 12 month period is, or is likely to be, greater than 100 m³ and it is situated under permanent living quarters or working areas.fAny existing service station which undergoes a major refurbishment must be treated as a new service station.Interpretation of Part C

1In this Part—“existing service station” means a service station—which is put into operation; orfor which planning permission under the Planning (Northern Ireland) Order 1991 was granted,before 31st December 2009;“inland waterway vessel” means a vessel, other than a sea-going vessel, having a total dead weight of 15 tonnes or more;“new service station” means, in relation to service stations mentioned in paragraph (d) , those which are put into operation on or after 1st January 2010 and, in relation to service stations mentioned in paragraph (e), those which are put into operation on or after 1st January 2012;“petrol” means any petroleum derivative (other than liquefied petroleum gas), with or without additives, having a Reid vapour pressure of 27.6 kilopascals or more which is intended for use as a fuel for motor vehicles;“listed date” means 1st January 2012 if the throughput is greater than 3500m³ and 31st December 2018 if the throughput is greater than 3000m³“service station” means any premises where petrol is dispensed to motor vehicle fuel tanks from stationary storage tanks but shall not include any service station exclusively used in association with the construction and delivery of new motor vehicles;“terminal” means any premises which are used for the storage and loading of petrol into road tankers, rail tankers or inland waterway vessels.

2Any other expressions used in this Part which are also used in Directive 94/63/EC[^f00027] of 20 December 1994 on the control of volatile organic compound (VOC) emissions resulting from the storage of petrol and its distribution from terminals to service stations as last amended by Council Regulation (EC) No.1137/2008 have the same meaning as in that Directive.

CHAPTER 2 — PRODUCTION AND PROCESSING OF METALS

SECTION 2.1 — FERROUS METALS

Part A

(a) Roasting or sintering metal ore, including sulphide ore, or any mixture of iron ore with or without other materials.

(b) Producing, melting or refining iron or steel or any ferrous alloy, including continuous casting, except where the only furnaces used are—

(i) electric arc furnaces with a designed holding capacity of less than 7 tonnes; or

(ii) cupola, crucible, reverbatory, rotary, induction, vacuum, electro-slag or resistance furnaces.

(c) Processing ferrous metals and their alloys by using hot-rolling mills with a production capacity of more than 20 tonnes of crude steel per hour.

(d) Loading, unloading or otherwise handling or storing more than 500,000 tonnes in total, in any period of 12 months of iron ore, except in the course of mining operations, or burnt pyrites.

(e) Producing pig iron or steel, including continuous casting, in a plant with a production capacity of more than 2.5 tonnes per hour unless falling within paragraph (b).

(f) Operating hammers in a forge, the energy of which is more than 50 kilojoules per hammer, where the calorific power used is more than 20 megawatts.

(g) Applying protective fused metal coatings with an input of more than 2 tonnes of crude steel per hour.

(h) Casting ferrous metal at a foundry with a production capacity of more than 20 tonnes per day.

Part B

(a) Casting iron, steel or any ferrous alloy from deliveries of 50 tonnes or more of molten metal, unless falling within Part A of this section.

Part C

(a) Producing pig iron or steel, including continuous casting, in a plant with a production capacity of 2.5 tonnes or less per hour, unless falling within paragraph (b) of Part A of this section.

(b) Producing, melting or refining iron or steel or any ferrous alloy (other than producing pig iron or steel, including continuous casting) using—

(i) one or more electric arc furnaces, none of which has a designed holding capacity of 7 tonnes or more; or

(ii) a cupola, crucible, reverberatory, rotary, induction, electro-slag or resistance furnace,

unless falling within paragraph (e) or (h) of Part A of this section.

(d) Heating iron, steel or any ferrous alloy (whether in a furnace or other appliance) to remove grease, oil or any other non-metallic contaminant (including such operations as the removal by heat of plastic or rubber covering from scrap cable) unless—

(i) it is carried out in one or more furnaces or other appliances the primary combustion chambers of which have in aggregate a rated thermal input of less than 0.2 megawatts;

(ii) it does not involve the removal by heat of plastic or rubber covering from scrap cable or of any asbestos contaminant; and

(iii) it is not related to any other activity falling within this Part of this section.

Interpretation of section 2.1

1In this section, “ferrous alloy” means an alloy of which iron is the largest constituent, or equal to the largest constituent, by weight, whether or not that alloy also has a non-ferrous metal content greater than any percentage specified in section 2.2.

SECTION 2.2 — NON-FERROUS METALS

Part A

(a) Producing non-ferrous metals from ore, concentrates or secondary raw materials by metallurgical, chemical or electrolytic activities.

(b) Melting, including making alloys, of non-ferrous metals, including recovered products and the operation of non-ferrous metal foundries where the plant has a melting capacity of more than 4 tonnes per day for lead or cadmium or 20 tonnes per day for all other metals.

(c) Producing, melting or recovering (whether by chemical means or by electrolysis or by the use of heat) cadmium or mercury or any alloy containing more than 0.05 per cent by weight of either of those metals or, in aggregate, of both.

Part B

(a) Melting, including making alloys, of non-ferrous metals (other than tin or any alloy which in molten form contains 50 per cent or more by weight of tin), including recovered products (refining, foundry casting, etc.) in plant with a melting capacity of 4 tonnes or less per day for lead or cadmium or 20 tonnes or less per day for all other metals and where the designed holding capacity of molten metal is 0.5 tonnes or more (together with any additional refining).

(b) Melting zinc or a zinc alloy in conjunction with a galvanising activity at a rate of 20 tonnes or less per day unless described in Part A of section 2.1.

(c) Melting zinc, aluminium or magnesium or an alloy of one or more of these metals in conjunction with a die-casting activity at a rate of 20 tonnes or less per day.

Part C

(a) Melting, including making alloys, of non-ferrous metals (other than tin or any alloy which in molten form contains 50 per cent or more by weight of tin), including recovered products (refining, foundry casting, etc.) in plant with a melting capacity of 4 tonnes or less per day for lead or cadmium or 20 tonnes or less per day for all other metals and where the designed holding capacity of molten metal is less than 0.5 tonnes (together with any additional refining).

(b) The heating in a furnace or any other appliance of any non-ferrous metal or non-ferrous metal alloy for the purpose of removing grease, oil or any other non-metallic contaminant, including such operations as the removal by heat of plastic or rubber covering from scrap cable, if not related to another activity described in this Part of this section; but an activity does not fall within this paragraph if—

(i) it involves the use of one or more furnaces or other appliances the primary combustion chambers of which have in aggregate a net rated thermal input of less than 0.2 megawatts; and

(ii) it does not involve the removal by heat of plastic or rubber covering from scrap cable or of any asbestos contaminant.

(c) Unless falling within Part A or B of this section, the separation of copper, aluminium, magnesium or zinc from mixed scrap by differential melting.

...

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Interpretation of section 2.2

1In this section “non-ferrous metal alloy” means an alloy which is not a ferrous alloy, as defined in section 2.1.

2Nothing in paragraph (c) of Part A or in Part B or C of this section shall be taken to refer to the activities of hand soldering, flow soldering or wave soldering.

SECTION 2.3 — SURFACE TREATING METALS AND PLASTIC MATERIALS

Part A

(a) Surface treating metals and plastic materials using an electrolytic or chemical process where the aggregated volume of the treatment vats is more than 30m³.

Part B

(b) Any process for the surface treatment of metal which is likely to result in the release into air of any acid-forming oxide of nitrogen and which does not fall within Part A of this section.

Part C

Nil

CHAPTER 3 — MINERAL INDUSTRIES

SECTION 3.1 — PRODUCTION OF CEMENT AND LIME

Part A

(a) Producing cement clinker in rotary kilns with a production capacity exceeding 500 tonnes per day or in other kilns with a production capacity exceeding 50 tonnes per day.

(b) Producing lime or magnesium oxide in kilns with a production capacity of more than 50 tonnes per day.

Part B

(a) Blending cement in bulk or using cement in bulk other than at a construction site, including the bagging of cement and cement mixtures, the batching of ready-mixed concrete and the manufacture of concrete blocks and other cement products where the activity is not related to an activity described in paragraph (a) of Part A of this section and is carried on at the same location as an activity described in paragraph (a) of Part B of section 3.5.

(b) Producing lime where the activity is not likely to involve the heating in any period of 12 months of 5,000 tonnes or more of calcium carbonate or calcium magnesium carbonate or, in aggregate, of both.

(c) Slaking lime for the purpose of making calcium hydroxide or calcium magnesium hydroxide when related to an activity described in paragraph (b) above.

(d) Grinding cement clinker not associated with production of cement clinker.

(e) Unless falling within Part A of section 2.1 or 2.2, grinding metallurgical slag in plant with a grinding capacity of more than 250,000 tonnes in any period of 12 months.

Part C

(a) Storing, loading or unloading cement or cement clinker in bulk prior to further transportation in bulk.

(b) Blending cement in bulk or using cement in bulk other than at a construction site, including the bagging of cement and cement mixtures, the batching of ready-mixed concrete and the manufacture of concrete blocks and other cement products where the activity is not related to an activity described in paragraph (a) of Part A of this section and is not described in paragraph (a) of Part B of this section.

(c) Slaking lime for the purpose of making calcium hydroxide or calcium magnesium hydroxide unless related to an activity described in another Part of this Schedule.

SECTION 3.2 — ACTIVITIES INVOLVING ASBESTOS

Part A

(a) Producing asbestos or manufacturing products based on or containing asbestos.

(b) Stripping asbestos from railway vehicles except—

(i) in the course of the repair or maintenance of the vehicle;

(ii) in the course of recovery operations following an accident; or

(iii) where the asbestos is permanently bonded in cement or in any other material (including plastic, rubber or resin).

Part B

(a) The industrial finishing of any of the following products where not related to an activity falling within Part A of this section—

(i) asbestos cement;

(ii) asbestos cement products;

(iii) asbestos fillers;

(iv) asbestos filters;

(v) asbestos floor coverings;

(vi) asbestos friction products;

(vii) asbestos insulating board;

(viii) asbestos jointing, packaging and reinforcement material;

(ix) asbestos packing;

(x) asbestos paper or card; or

(xi) asbestos textiles.

Part C

Nil

Interpretation of section 3.2

1In this section “asbestos” includes any of the following fibrous silicates: actinolite, amosite, anthophyllite, chrysotile, crocidolite and tremolite.

SECTION 3.3 — MANUFACTURING GLASS AND GLASS FIBRE

Part A

(a) Manufacturing glass or glass fibre where the melting capacity of the plant is more than 20 tonnes a day.

Part B

Unless falling within Part A of this section—

(a) Manufacturing glass at any location where the person concerned has the capacity to make 5,000 tonnes or more of glass in any period of 12 months, and any activity involving the use of glass which is carried out at any such location in conjunction with its manufacture.

(b) Manufacturing glass where the use of lead or any lead compound is involved.

(c) Manufacturing any glass product where lead or any lead compound has been used in the manufacture of the glass except—

(i) making products from lead glass blanks; or

(ii) melting, or mixing with another substance, glass manufactured elsewhere to produce articles such as ornaments or road paint.

(d) Polishing or etching glass or glass products in the course of any manufacturing activity if—

(i) hydrofluoric acid is used; or

(ii) hydrogen fluoride may be released into the air.

(e) Manufacturing glass frit or enamel frit and its use in any activity where that activity is related to its manufacture.

Part C

Nil

SECTION 3.4 — PRODUCTION OF OTHER MINERAL FIBRES

Part A

(a) Unless falling within Part A of section 3.3, melting mineral substances including the production of mineral fibres with a melting capacity exceeding 20 tonnes per day.

Part B

Nil.

Part C

Nil.

SECTION 3.5 — OTHER MINERAL ACTIVITIES

Part A

(a) Manufacturing cellulose fibre reinforced calcium silicate board using unbleached pulp.

Part B

(a) Unless falling within Part A of any section in this Schedule, the crushing, grinding or other size reduction, other than the cutting of stone, or the grading, screening or heating of any designated mineral or mineral product except where the operation of the activity is unlikely to result in the release into the air of particulate matter.

(b) Coating road stone with tar or bitumen.

Part C

(a) Any of the following activities unless carried on at an exempt location—

(i) crushing, grinding or otherwise breaking up coal, coke or any other coal product;

(ii) screening, grading or mixing coal, coke or any other coal product;

(iii) loading or unloading petroleum coke, coal, coke or any other coal product except unloading on retail sale.

(b) The crushing, grinding or other size reduction, with machinery designed for that purpose, of bricks, tiles or concrete.

(d) Loading, unloading or storing pulverised fuel ash in bulk prior to further transportation in bulk.

Interpretation of Parts B and C

1In Parts B and C—“coal” includes lignite;“designated mineral or mineral product” means—clay, sand and any other naturally occurring mineral other than coal or lignite;metallurgical slag;boiler or furnace ash produced from the burning of coal, coke or any other coal product;gypsum which is a by-product of any activity;“exempt location” means—any premises used for the sale of petroleum coke, coal, coke or any coal product where the throughput of such substances at those premises in any period of 12 months is in aggregate likely to be less than 10,000 tonnes; orany premises to which petroleum coke, coal, coke or any coal product is supplied only for use there;“retail sale” means sale to the final customer.

2Nothing in this Part applies to any activity carried out underground.

SECTION 3.6 — CERAMIC PRODUCTION

Part A

(a) Manufacturing ceramic products (including roofing tiles, bricks, refractory bricks, tiles, stoneware or porcelain) by firing in kilns, where—

(i) the kiln production capacity is more than 75 tonnes per day; or

(ii) the kiln capacity is more than 4m³ and the setting density is more than 300 kg/m³.

Part B

(a) Unless falling within Part A of this section, firing heavy clay goods or refractory materials (other than heavy clay goods) in a kiln where a reducing atmosphere is essential or with a production capacity exceeding 50 tonnes per day.

(b) Vapour glazing earthenware or clay with salts.

Part C

(a) Unless falling within Part A or Part B of this section, firing heavy clay goods or refractory materials (other than heavy clay goods) in a kiln.

Interpretation of Parts B and C

1In these Parts—“clay” includes a blend of clay with ash, sand or other materials;“refractory material” means material (such as fireclay, silica, magnesite, chrome-magnesite, sillimanite, sintered alumina, beryllia and boron nitride) which is able to withstand high temperatures and to function as a furnace lining or in other similar high temperature applications.

CHAPTER 4 — THE CHEMICAL INDUSTRY

Interpretation of Chapter 4

1In Part A of the sections of this Chapter, “producing” means producing on an industrial scale by chemical or biological processing of substances or groups of substances listed in the relevant sections.

SECTION 4.1 — ORGANIC CHEMICALS

Part A

(a) Producing organic chemicals such as—

(i) hydrocarbons (linear or cyclic, saturated or unsaturated, aliphatic or aromatic);

(ii) organic compounds containing oxygen, such as alcohols, aldehydes, ketones, carboxylic acids, esters, ethers, peroxides, phenols and epoxy resins;

(iii) organic compounds containing sulphur, such as sulphides, mercaptans, sulphonic acids, sulphonates, sulphates and sulphones and sulphur heterocyclics;

(iv) organic compounds containing nitrogen, such as amines, amides, nitrous-, nitro- or azo-compounds, nitrates, nitriles, nitrogen heterocyclics, cyanates, isocyanates, di-isocyanates and di-isocyanate prepolymers;

(v) organic compounds containing phosphorus, such as substituted phosphines and phosphate esters;

(vi) organic compounds containing halogens, such as halocarbons, halogenated aromatic compounds and acid halides;

(vii) organometallic compounds, such as lead alkyls, Grignard reagents and lithium alkyls;

(viii) plastic materials, such as polymers, synthetic fibres and cellulose-based fibres;

(ix) synthetic rubbers;

(x) dyes and pigments;

(xi) surface-active agents.

Part B

(a) Unless falling within Part A of this section, any activity where the carrying on of the activity by the person concerned at the location in question is likely to involve the use in any 12 month period of 5 tonnes or more of any di-isocyanate or of any partly polymerised di-isocyanate or, in aggregate, of both.

(b) The flame bonding or cutting with heated wires of polyurethane foams or polyurethane elastomers.

(c) Any activity for the polymerisation or co-polymerisation of any pre-formulated resin or pre-formulated gel coat which contains any unsaturated hydrocarbon, where the activity is likely to involve, in any period of 12 months, the polymerisation or co-polymerisation of 100 tonnes or more of unsaturated hydrocarbon.

(d) Unless falling within Part A of this section, any activity involving the use of toluene di-isocyanate or partly polymerised di-isocyanate if the activity may result in a release into the air which contains toluene di-isocyanate.

Part C

Nil

Interpretation of section 4.1

1In this section, “pre-formulated resin or pre-formulated gel coat” means any resin or gel coat which has been formulated before being introduced into polymerisation or co-polymerisation activity, whether or not the resin or gel coat contains a colour pigment, activator or catalyst.

SECTION 4.2 — INORGANIC CHEMICALS

Part A

(a) Producing inorganic chemicals such as—

(i) gases, such as ammonia, hydrogen chloride, hydrogen fluoride, hydrogen cyanide, hydrogen sulphide, oxides of carbon, sulphur compounds, oxides of nitrogen, hydrogen, oxides of sulphur, phosgene;

(ii) acids, such as chromic acid, hydrofluoric acid, hydrochloric acid, hydrobromic acid, hydroiodic acid, phosphoric acid, nitric acid, sulphuric acid, oleum and chlorosulphonic acid;

(iii) bases, such as ammonium hydroxide, potassium hydroxide, sodium hydroxide;

(iv) salts, such as ammonium chloride, potassium chlorate, potassium carbonate, sodium carbonate, perborate, silver nitrate, cupric acetate, ammonium phosphomolybdate;

(v) non-metals, metal oxides, metal carbonyls or other inorganic compounds such as calcium carbide, silicon, silicon carbide, titanium dioxide;

(vi) halogens or interhalogen compound comprising two or more of halogens, or any compound comprising one or more of those halogens and oxygen.

(b) Unless falling within another section of this Schedule, any manufacturing activity (other than the manufacture of chemicals or glass or the coating, plating or surface treatment of metal) which involves the use and may result in the release into the air of any hydrogen halide or any manufacturing activity which uses, or which is likely to result in the release into the air or water of any of the compounds mentioned in paragraph (a)(vi), other than the treatment of water by chlorine.

(c) Unless falling within another section of this Schedule, any manufacturing activity, other than the application of a glaze or vitreous enamel, involving the use of any of the following elements or compound of those elements or the recovery of any compound of the following elements—

antimony;

arsenic;

beryllium;

gallium;

indium;

lead;

palladium;

platinum;

selenium;

tellurium;

thallium,

where the activity may result in the release into the air of any of those elements or compounds or the release into water of any substance listed in paragraph 10 of Part 2 of this Schedule.

(d) Recovering any compound of cadmium or mercury.

(e) Unless falling within another section of this Schedule, any manufacturing activity involving the use of mercury or cadmium or any compound of either element or which may result in the release into air of either of those elements or their compounds.

(f) Unless falling within another section of this Schedule, any activity, other than the combustion or incineration of carbonaceous material, which is likely to result in the release into the air of any acid-forming oxide of nitrogen.

Interpretation of Part A

1“Carbonaceous material” referred to in (f) includes such materials as charcoal, coke, peat, rubber and wood, (but does not include wood which has not been chemically treated).Part BNil.Part CNil.

SECTION 4.3 — CHEMICAL FERTILISER PRODUCTION

Part A

(a) Producing (including any blending which is related to their production) phosphorus, nitrogen or potassium based fertilisers (simple or compound fertilisers).

Part B

Nil.

Part C

Nil.

SECTION 4.4 — PLANT PROTECTION PRODUCTS AND BIOCIDES

Part A

(a) Producing plant protection products or biocides.

(b) Formulating such products if this may result in the release into water of any substance listed in paragraph 10 of Part 2 of this Schedule in a quantity which, in any period of 12 months, is greater than the background quantity by more than the amount specified in that paragraph for that substance.

Part B

Nil.

Part C

Nil.

SECTION 4.5 — PHARMACEUTICAL PRODUCTION

Part A

(a) Producing pharmaceutical products, including intermediates.

Part B

Nil.

Part C

Nil.

SECTION 4.6 — EXPLOSIVES PRODUCTION

Part A

(a) Producing explosives.

Part B

Nil.

Part C

Nil.

SECTION 4.7 — MANUFACTURING ACTIVITIES INVOLVING AMMONIA

Part A

(a) Any activity for the manufacture of a chemical which may result in the release of ammonia into the air other than an activity in which ammonia is only used as a refrigerant.

Part B

Nil.

Part C

Nil.

SECTION 4.8 — THE STORAGE OF CHEMICALS IN BULK

Part A

Nil.

Part B

(a) The storage in tanks, other than in tanks for the time being forming part of a powered vehicle, of any of the substances listed below except where the total storage capacity of the tanks installed at the location in question in which the relevant substance may be stored is less than the figure specified below in relation to that substance—

any one or more acrylates	20 tonnes (in aggregate)
acrylonitrile	20 tonnes
anhydrous ammonia	100 tonnes
anhydrous hydrogen fluoride	1 tonne
toluene di-isocyanate	20 tonnes
vinyl chloride monomer	20 tonnes
ethylene	8,000 tonnes.

Part C

Nil

CHAPTER 5 — WASTE MANAGEMENT

SECTION 5.1 — INCINERATION AND CO-INCINERATION OF WASTE

Part A

(a) The incineration of hazardous waste in a waste incineration plant with a capacity of 10 tonnes or more per day or, unless carried out as part of any other Part A activity, in a waste co-incineration plant with a capacity of 10 tonnes or more per day.

(b) The incineration of hazardous solid or liquid waste in a waste incineration plant with a capacity of less than 10 tonnes per day or, unless carried out as part of any other Part A activity, in a waste co-incineration plant with a capacity of less than 10 tonnes per day, other than in an excluded plant.

(c) The incineration of non-hazardous waste in a waste incineration plant with a capacity of 3 tonnes or more per hour or, unless carried out as part of any other Part A activity, in a waste co-incineration plant with a capacity of 3 tonnes or more per hour.

(d) The incineration of non-hazardous solid or liquid waste in a waste incineration plant with a capacity of less than 3 tonnes per hour or, unless carried out as part of any other Part A activity, in a waste co-incineration plant with a capacity of less than 3 tonnes per hour, other than in an excluded plant.

(e) The incineration, other than incidentally in the course of burning landfill gas or solid or liquid waste, of any gaseous compound containing halogens

(f) The incineration of animal carcasses or animal waste with a treatment capacity of more than 10 tonnes per day of animal carcasses or animal waste or, in aggregate, of both.

(g) Unless described elsewhere in this Part, the incineration of solid or liquid non-hazardous waste in an excluded plant with a capacity of 1 tonne per hour or more, but less than 3 tonnes per hour.

(h) Unless carried out as part of any other activity in this part, the incineration of a fuel manufactured from a waste in an appliance with a rated thermal input over 3 megawatts.

Part B

(a) The incineration of waste in an incineration plant, which is authorised for the incineration of radioactive waste under section 13 of the Radioactive Substances Act 1993[^f00028].

Part C

(a) Unless described elsewhere in this section, the incineration of non-hazardous solid or liquid waste in an excluded plant but which has a capacity of 50 kilogrammes or more per hour but less than 1 tonne per hour.

(b) The cremation of human remains.

Interpretation of section 5.1

1In this section—“excluded plant” means—a plant treating only the following wastes—vegetable waste from agriculture and forestry;vegetable waste from the food processing industry, if the heat generated is recovered;fibrous vegetable waste from virgin pulp production and from production of paper from pulp, if it is co-incinerated at the place of production and the heat generated is recovered;wood waste with the exception of wood waste which may contain halogenated organic compounds or heavy metals as a result of treatment with wood-preservatives or coating, and which includes in particular such wood waste originating from construction and demolition waste;cork waste;radioactive waste;animal carcasses as regulated by Regulation (EC) No 1069/2009(b) of the European Parliament and of the Council laying down health rules as regards animal by-products and derived products not intended for human consumption as last amended by Council Regulation (EC) No. 1385/2013 ; orwaste resulting from exploration for, and the exploitation of, oil and gas resources from off-shore installations and incinerated on board the installation;an experimental plant used for research, development and testing in order to improve the incineration process and which treats less than 50 tonnes of waste per year; andgasification or pyrolysis plants, if the gases resulting from the thermal treatment of waste are purified to such an extent that they are no longer a waste prior to their incineration and they can cause emissions no higher than those resulting from the burning of natural gas.“fuel” does not include fuel manufactured from waste which ceased to be a waste before being burned as a fuel; and“incineration” means the thermal treatment of wastes with or without recovery of the combustion heat generated. This includes the incineration by oxidation of waste as well as other thermal treatment processes such as pyrolysis, gasification or plasma processes in so far as the substances resulting from the treatment are subsequently incinerated.

SECTION 5.2 — DISPOSAL OF WASTE BY LANDFILL

Part A

(a) The disposal of waste in a landfill receiving more than 10 tonnes of waste in any day or with a total capacity of more than 25,000 tonnes, excluding disposals in landfills taking only inert waste.

(b) The disposal of waste in any other landfill.

Part B

Nil

Part C

Nil

SECTION 5.3 — DISPOSAL OR RECOVERY OF HAZARDOUS WASTE OTHER THAN BY INCINERATION OR LANDFILL

Reading this document does not replace reading the official text published on legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. We assume no responsibility for any inaccuracies arising from the conversion of the original CLML XML to this format.

This text is published under legislation.gov.uk's own terms of reuse, not a Legalize or public-domain licence. legislation.gov.uk
Open Government Licence v3.0 (attribution required)
© Crown and database right. Derived from content available under the Open Government Licence v3.0 from legislation.gov.uk.