Revocation of authorisation EPA 1990 s. 12
EPA 1990 s. 12: enforcing authority may revoke authorisation by notice, with at least 28 days' notice, and may revoke if process not carried on for 12 months.
The enforcing authority may at any time revoke an authorisation by notice in writing to the person holding the authorisation. Without prejudice to the generality of subsection (1) above, the enforcing authority may revoke an authorisation where it has reason to believe that a prescribed process for which the authorisation is in force has not been carried on or not for a period of twelve months. The revocation of an authorisation under this section shall have effect from the date specified in the notice; and the period between the date on which the notice is served and the date so specified shall not be less than twenty-eight days. The enforcing authority may, before the date on which the revocation of an authorisation takes effect, withdraw the notice or vary the date specified in it. The Secretary of State may, if he thinks fit in relation to an authorisation, give to the enforcing authority directions as to whether the authority should revoke the authorisation under this section.
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 can revoke an authorisation at any time by sending a written notice. The revocation takes effect on a date specified in the notice, but the authority must give at least 28 days' notice before that date. The authority may also revoke if it has reason to believe the authorised process has not been carried on for a period of 12 months. Before the revocation takes effect, the authority can withdraw the notice or change the date. The Secretary of State can direct the authority on whether to revoke an authorisation.
When it applies
- A waste treatment plant's authorisation is revoked after it has been idle for over a year.
- An industrial operator receives a notice of revocation with a 28-day period to prepare for the effective date.
- The enforcing authority revokes an authorisation because the operator has not carried out the prescribed process for 12 months.
- The Secretary of State directs the local authority to revoke a particular authorisation.
What this section does not say
- Appeals against revocation are not covered in this section.
- The specific conditions under which an authorisation can be revoked (other than the 12-month inactivity ground) are not detailed here.
- The procedure for applying for a new authorisation after revocation is not in this section.
- The powers of the authority to vary conditions are dealt with in section 11, not here.
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This page reproduces the text of EPA 1990 s. 12 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.