The Conservation (Natural Habitats, &c.) Regulations 1994

Environmental controls

Authorisations under Part I of the Environmental Protection Act 1990

83.—(1) Regulations 48 and 49 (requirement to consider effect on European site) apply in relation to the granting of an authorisation under Part I of the Environmental Protection Act 1990(1)(integrated pollution control and local authority air pollution control).

(2) Where in such a case the comptetent authority consider that any adverse effects of the plan or project on the integrity of a European site would be avoided if the authorisation were subject to conditions, they may grant an authorisation, or cause an authorisation to be granted, subject to those conditions.

(3) Regulations 50 and 51 (requirement to review existing decisions and consents, &c.) apply to any such authorisation as is mentioned in paragraph (1).

(4) Where on the review of such an authorisation the competent authority consider that any adverse effects on the integrity of a European site of the carrying out or, as the case may be, the continuation of activities authorised by it would be avoided by a variation of the authorisation, they may vary it, or cause it to be varied, accordingly.

(5) Where any question arises as to agreeing to a plan or project, or affirming an authorisation on review, under regulation 49 (considerations of overriding public interest), the competent authority shall refer the matter to the Secretary of State who shall determine the matter in accordance with that regulation and give directions to the authority accordingly.

Licences under Part II of the Environmental Protection Act 1990

84.—(1) Regulations 48 and 49 (requirement to consider effect on European site) apply in relation to–

(a)the granting of a waste management licence under Part II of the Environmental Protection Act 1990,

(b)the passing of a resolution under section 54 of that Act (provisions as to land occupied by disposal authorities themselves), and

(c)the granting of a disposal licence under Part I of the Control of Pollution Act 1974(2) and the passing of a resolution under section 11 of that Act(3).

(2) Where in such a case the competent authority consider that any adverse effects of the plan or project on the integrity of a European site would be avoided by making any licence subject to conditions, they may grant a licence, or cause a licence to be granted, or, as the case may be, pass a resolution, subject to those conditions.

(3) Regulations 50 and 51 (requirement to review existing decisions and consents, &c.) apply to any such licence or resolution as is mentioned in paragraph (1).

(4) Where on the review of such a licence or resolution the competent authority consider that any adverse effects on the integrity of a European site of the carrying out or, as the case may be, the continuation of the activities authorised by it would be avoided by a variation of the licence or resolution, they may vary it, or cause it to be varied, accordingly.

Discharge consents under water pollution legislation

85.—(1) Regulations 48 and 49 (requirement to consider effect on European site) apply in relation to the giving of consent under—

(a)Chapter II of Part III to the Water Resources Act 1991(4) (control of pollution of water resources), or

(b)Part II of the Control of Pollution Act 1974(5) (which makes corresponding provision for Scotland).

(2) Where in such a case the competent authority consider that any adverse effects of the plan or project on the integrity of a European site would be avoided by making any consent subject to conditions, they may give consent, or cause it to be given, subject to those conditions.

(3) Regulations 50 and 51 (requirement to review existing decisions and consents, &c.) apply to any such consent as is mentioned in paragraph (1).

(4) Where on the review of such a consent the competent authority consider that any adverse effects on the integrity of a European site of the carrying out or, as the case may be, the continuation of the activities authorised by it would be avoided by a variation of the consent, they may vary it, or cause it to be varied, accordingly.