S.L. 549.63 Art. 23Permit variations.

(1) Where the competent authority considers that the conditions attached to a permit are no longer adequate, or that the activity authorised by the permit poses an unforeseen risk to human health or the environment, it may:

(a) alter the terms and conditions attached to the permit;

(b) serve a remedial notice upon the permit holder setting out the steps which must be taken to comply with the altered conditions and to remove the risk or actual harm as well as the period in which these steps must be completed: Provided that the competent authority must include in its remedial notice the steps that the permit holder must comply with so as to remedy the situation as well as the time by which such steps must be taken.

(2) Where the unforeseen risk arising from an activity authorised by a permit cannot be mitigated by measures under sub-regulation (1), the competent authority may suspend the permit in whole or in part as necessary to avert the risk.

(3) Where the competent authority believes that a permit holder is, or is likely to be, in breach of the conditions attached to his permit or these regulations in general, the competent authority may issue an Order specifying the breach of the conditions, the steps which shall be taken to prevent it and the time in which these steps shall be completed.

(4) If a permit holder fails to comply with a remedial notice or an Order, the competent authority may revoke the permit in whole or in part and itself undertake the remedial action required, defraying the expenses incurred out of the permit holder’s financial assurance.

(5) It may additionally bring into effect any punitive measures specified therein, including confiscation of all or part of the financial assurance:

Provided that, if the cost of this remedial action exceeds the financial assurance, the person responsible shall bear the additional costs.

(6) Action by the competent authority under sub-regulations

(3) and (4) shall be without prejudice to regulations 34, 35 and 36.