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United Kingdom Statutory Instruments


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URL: http://www.bailii.org/uk/legis/num_reg/2001/20011623.html

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STATUTORY INSTRUMENTS


2001 No. 1623

ENVIRONMENTAL PROTECTION, ENGLAND AND WALES

The Pollution Prevention and Control (Foot-and-Mouth Disease) (Air Curtain Incinerators) (England and Wales) Regulations 2001

  Made 30th April 2001 
  Laid before Parliament 30th April 2001 
  Coming into force 1st May 2001 

The Secretary of State, in exercise of the powers conferred on him by section 2 of the Pollution Prevention and Control Act 1999[1], having, in accordance with subsection (4) of that section, consulted the Environment Agency, such bodies or persons appearing to him to be representative of the interests of local government, industry, agriculture and small businesses respectively as he considers appropriate and such other bodies and persons as he considers appropriate, hereby makes the following Regulations:

Citation, commencement, cessation, interpretation and extent
     1.  - (1) These Regulations may be cited as the Pollution Prevention and Control (Foot-and-Mouth Disease) (Air Curtain Incinerators) (England and Wales) Regulations 2001 and shall come into force on 1st May 2001 and shall cease to have effect on 31st October 2001.

    (2) In these Regulations, unless the context otherwise requires - 

    (3) These Regulations extend to England and Wales only.

Permits for air curtain incinerators
     2.  - (1) Notwithstanding any provision of the 2000 Regulations, the Environment Agency may by notice in writing served on the operator grant a permit under those Regulations in respect of any mobile plant which is an air curtain incinerator authorising the use of that plant for incinerating carcases of animals specified in paragraph (2) if conditions are imposed - 

    (2) The animals referred to in paragraph (1) are animals which - 

    (3) The requirements mentioned in paragraph (1)(b) are that the plant is operated only if - 

    (4) There is insufficient alternative suitable capacity for disposal for the purposes of paragraph (3)(a) if - 

    (5) Notwithstanding any provision of the 2000 Regulations, the Environment Agency may at any time by notice in writing served on the operator vary or revoke a permit granted pursuant to these Regulations if it considers that it is appropriate to do so and in exercising its functions under this paragraph the Agency shall take into account any representations or objections made to it.

Air curtain incinerators to be treated as Part A(1) mobile plant
    
3. Air curtain incinerators used, or intended to be used, for the purposes specified in regulation 2(1)(a) shall be treated as Part A(1) mobile plant for the purposes of the 2000 Regulations and the prescribed date for existing plant for the purposes of regulation 9 of those Regulations shall be the date on which the permit is granted pursuant to these Regulations.



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


Michael Meacher
Minister of State, Department of the Environment, Transport and the Regions

30th April 2001



EXPLANATORY NOTE

(This note is not part of the Regulations)


These Regulations provide an expedited procedure for the grant by the Environment Agency of permits authorising the use of mobile air curtain incinerators for the incineration of carcases of animals slaughtered as a result of measures taken to deal with foot-and-mouth disease. The usual technical requirements set out in the Pollution Prevention and Control (England and Wales) Regulations 2000 are relaxed, but any permit must impose conditions minimising pollution from the relevant plant. Permit conditions must confine the use of the plant to cases where - 

The Environment Agency can at any time vary or revoke a permit granted in respect of a mobile air curtain incinerator. When determining whether it is appropriate to do so the Agency must take into account any representations or objections made to it.

These Regulations, which apply to England and Wales, will cease to have effect on 31st October 2001.


Notes:

[1] 1999 c. 24; the Secretary of State can exercise these powers only in relation to England and Wales - see section 53 of the Scotland Act 1998 (c. 46) and section 5(3) of the Pollution Prevention and Control Act 1999.back

[2] S.I. 2000/1973, to which there are amendments not relevant to these Regulations.back



ISBN 0 11 029468 8


 © Crown copyright 2001

Prepared 18 May 2001


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