Variation of authorisations EPA 1990 s. 10
Enforcing authority may vary authorisation subject to s.7 and Sch.1 Pt II. Must serve variation notice; holder must propose actions and pay prescribed charge.
The enforcing authority may at any time, subject to the requirements of section 7 above, and, in cases to which they apply, the requirements of Part II of Schedule 1 to this Act, vary an authorisation and shall do so if it appears to the authority at that time that that section requires conditions to be included which are different from the subsisting conditions. Where the enforcing authority has decided to vary an authorisation under subsection (1) above the authority shall notify the holder of the authorisation and serve a variation notice on him. In this Part a “ variation notice ” is a notice served by the enforcing authority on the holder of an authorisation— specifying variations of the authorisation which the enforcing authority has decided to make; and specifying the date or dates on which the variations are to take effect; and, unless the notice is withdrawn or is varied under subsection (3A) below , the variations specified in a variation notice shall take effect on the date or dates so specified. An enforcing authority which has served a variation notice may vary that notice by serving on the holder of the authorisation in question a further notice— specifying the variations which the enforcing authority has decided to make to the variation notice; and specifying the date or dates on which the variations specified in the variation notice, as varied by the further notice, are to take effect; and any reference in this Part to a variation notice, or to a variation notice served under subsection (2) above, includes a reference to such a notice as varied by a further notice served under this subsection. A variation notice served under subsection (2) above shall also— require the holder of the authorisation, within such period as may be specified in the notice, to notify the authority what action (if any) he proposes to take to ensure that the process is carried on in accordance with the authorisation as varied by the notice; and require the holder to pay, within such period as may be specified in the notice,— in a case where the enforcing authority is the Environment Agency or SEPA , the charge (if any) prescribed for the purpose by a charging scheme under section 41 of the Environment Act 1995; or in any other case, the fee (if any) prescribed by a scheme under section 8 above. Where in the opinion of the enforcing authority any action to be taken by the holder of an authorisation in consequence of a variation notice served under subsection (2) above will involve a substantial change in the manner in which the process is being carried on, the enforcing authority shall notify the holder of its opinion. The Secretary of State may, if he thinks fit in relation to authorisations of any description or particular authorisations, direct the enforcing authorities— to exercise their powers under this section, or to do so in such circumstances as may be specified in the directions, in such manner as may be so specified; or not to exercise those powers, or not to do so in such circumstances or such manner as may be so specified; and the Secretary of State shall have the corresponding power of direction in respect of the powers of the enforcing authorities to vary authorisations under section 11 below. In this section and section 11 below a “ substantial change ”, in relation to a prescribed process being carried on under an authorisation, means a substantial change in the substances released from the process or in the amount or any other characteristic of any substance so released; and the Secretary of State may give directions to the enforcing authorities as to what does or does not constitute a substantial change in relation to processes generally, any description of process or any particular process. In this section and section 11 below— “ prescribed ” means prescribed in regulations made by the Secretary of State; “ vary ” , in relation to the subsisting conditions or other provisions of an authorisation, means adding to them or varying or rescinding any of them; and in relation to a variation notice, means adding to, or varying or rescinding the notice or any of its contents; and “ variation ” shall be construed accordingly.
Text in force at .
Source: legislation.gov.uk — The National Archives (legislation.gov.uk), reproduced under licence Open Government Licence v3.0.
What it actually says
The enforcing authority (like the Environment Agency or a local council) can change the conditions of a permit (called an authorisation) at any time. But before doing so, they must follow the rules in section 7 and, where relevant, Part II of Schedule 1.
When they decide to make a change, they must send the permit holder a "variation notice" that says exactly what is changing and when it takes effect. The holder then has a set period to tell the authority what they plan to do to meet the new conditions, and must also pay any fee or charge that applies (for example, under section 41 of the Environment Act 1995 or section 8 of this Act).
If the change will involve a "substantial change" — meaning a big difference in the type, amount, or other characteristic of substances released — the authority must tell the holder that opinion. The Secretary of State can also give directions about how the enforcing authorities should use this power, or tell them not to use it in certain cases.
When it applies
- A chemical factory's permit is varied to require a new scrubber after neighbours complain about odour.
- A waste incinerator operator receives a variation notice tightening emission limits following a change in national air quality standards.
- A power station is told to install additional monitoring equipment because of new scientific evidence on a pollutant.
- A small business that burns waste wood gets a variation notice requiring it to keep records of what it burns.
What this section does not say
- This section does not give the holder the right to ask for a variation themselves (that is covered by section 11).
- It does not cover revoking an authorisation entirely (that is dealt with under other provisions).
- It does not apply to planning permission or licences under other Acts like the Environmental Permitting Regulations.
Related sections
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This page reproduces the text of EPA 1990 s. 10 in force at the date shown and explains it in general terms. It is not legal advice and takes no account of the circumstances of your case, which can change the answer completely. For a live dispute, for limitation periods, and before taking any step in court, consult a qualified lawyer in England and Wales.