1 Citation, commencement, extent and application

(1)    These Regulations—

(a)    may be cited as the Environmental Permitting (England and Wales) Regulations 2010;

(b)    come into force on 6th April 2010, immediately after the coming into force of the Environmental Permitting (England and Wales) (Amendment) (No 2) Regulations 2009; and

(c)    extend to England and Wales only.

(2)    These Regulations apply to the sea adjacent to England and Wales out as far as the seaward boundary of the territorial sea; and for that purpose—

(a)    the sea adjacent to England is so much of the sea adjacent to Great Britain as is not the sea adjacent to Wales or the sea adjacent to Scotland;

(b)    the sea adjacent to Wales has the same meaning as it has by virtue of section 158(3) or (4) of the Government of Wales Act 2006; and

(c)    the sea adjacent to Scotland has the same meaning as the internal waters and territorial sea of the United Kingdom adjacent to Scotland has by virtue of section 126(2) of the Scotland Act 1998.

NOTES
Initial Commencement
Specified date

Specified date (immediately after the coming into force of the Environmental Permitting (England and Wales) (Amendment) (No 2) Regulations 2009, SI 2009/3381): 6 April 2010: see para (1)(b) above.

International Law93 Law of the Sea93

2 Interpretation: general

2Interpretation: general

(1)    In these Regulations—

“the 1980 Act” means the Highways Act 1980;

“the 1990 Act” means the Environmental Protection Act 1990;

“the 1991 Act” means the Water Resources Act 1991;

“the 1993 Act” means the Radioactive Substances Act 1993;

“the 1995 Act” means the Environment Act 1995;

“the 2007 Regulations” means the Environmental Permitting (England and Wales) Regulations 2007;

“the 2009 Regulations” means the Groundwater (England and Wales) Regulations 2009;

“the Agency” means the Environment Agency;

“agricultural waste” means waste from premises used for agriculture within the meaning of the Agriculture Act 1947;

“the Animal By-Products Regulations” means—

(a)    in relation to England, the Animal By-Products Regulations 2005,

(b)    in relation to Wales, the Animal By-Products (Wales) Regulations 2006;

“appropriate authority” means—

(a)    in relation to England, the Secretary of State, and

(b)    in relation to Wales, the Welsh Ministers;

“Category A mining waste facility” means a mining waste facility that is classified as Category A under Article 9 of the Mining Waste Directive;

“class”, in relation to a regulated facility, is to be construed in accordance with regulation 8;

“coastal waters” has the meaning given in section 104 of the 1991 Act;

“confidential information” means information that is commercially or industrially confidential in relation to any person;

“date of registration” has the meaning given in paragraph 1 of Schedule 2;

“directly associated activity”—

(a)    in relation to a SED activity, has the meaning given in paragraph 2 of Schedule 14,

(b)    in relation to any other activity falling within Part 2 of Schedule 1, has the meaning given in paragraph 1 of Part 1 of that Schedule;

“disposal”—

(a)    except in relation to a radioactive substances activity, has the meaning given in paragraph 2 of Schedule 9,

(b)    in relation to a radioactive substances activity, has the meaning given in paragraph 1 of Part 2 of Schedule 23;

“effluent” has the same meaning as in the 1991 Act;

“emission” means—

(a)    in relation to a Part A installation, the direct or indirect release of substances, vibrations, heat or noise from individual or diffuse sources in the installation into the air, water or land,

(b)    in relation to a Part B installation, the direct release of substances or heat from individual or diffuse sources in the installation into the air,

(c)    in relation to Part A mobile plant, the direct or indirect release of substances, vibrations, heat or noise from the mobile plant into the air, water or land,

(d)    in relation to Part B mobile plant, the direct release of substances or heat from the mobile plant into the air,

(e)    in relation to a waste operation, the direct or indirect release of substances, vibrations, heat or noise from individual or diffuse sources related to the operation into the air, water or land,

(f)    in relation to a mining waste operation, the direct or indirect release of substances, vibrations, heat or noise from individual or diffuse sources related to the operation into the air, water or land, and

(g)    in relation to a radioactive substances activity, the direct or indirect release of radioactive material or radioactive waste;

“enforcement notice” means a notice served under regulation 36;

“environmental permit” has the meaning given in regulation 13(1);

“environmental permit condition” means a condition of an environmental permit;

“establishment” has the same meaning as in the Waste Framework Directive;

“excluded waste operation” means any part of a waste operation not carried on at an installation or by means of Part A mobile plant or Part B mobile plant that—

(a)    is the subject of a licence under Part 2 of the Food and Environment Protection Act 1985 or does not require such a licence by virtue of an order under section 7 of that Act, or

(b)    relates to waste described in regulation 7(1) of the Controlled Waste Regulations 1992;

“exempt facility” has the meaning given in regulation 5;

“exempt groundwater activity” has the meaning given in regulation 5;

“exempt waste operation” has the meaning given in regulation 5;

“exempt water discharge activity” has the meaning given in regulation 5;

“exemption registration authority” has the meaning given in paragraph 2 of Schedule 2;

“existing mining waste facility” means a mining waste facility in operation on 1st May 2008;

“extractive waste” means waste within the meaning of Article 2(1) of the Mining Waste Directive, except where it is excluded from the scope of that Directive by Article 2(2)(a) and (b);

“groundwater” means all water which is below the surface of the ground in the saturation zone and in direct contact with the ground or subsoil;

“groundwater activity” has the meaning given in paragraph 3 of Schedule 22;

“hazardous substance” has the meaning given in paragraph 4 of Schedule 22;

“hazardous waste”, except in Section 5.1 of Part 2 of Schedule 1—

(a)    in relation to England, has the meaning given in regulation 6 of the Hazardous Waste (England and Wales) Regulations 2005,

(b)    in relation to Wales, has the meaning given in regulation 6 of the Hazardous Waste (Wales) Regulations 2005;

“highway drain” means a drain which a highway authority or other person is entitled to keep open by virtue of section 100 of the 1980 Act;

“household waste” has the meaning given in section 75(5) of the 1990 Act;

“inland freshwaters” has the meaning given in section 104 of the 1991 Act;

“installation” has the meaning given in paragraph 1 of Part 1 of Schedule 1;

“lake or pond” and “waters of any lake or pond” have the same meaning as in section 104 of the 1991 Act;

“landfill” has the meaning given in paragraph 2(1)(d) of Schedule 10;

“landfill closure notice” means a closure notice served under paragraph 10 of Schedule 10;

“local authority” has the meaning given in regulation 6;

“mining waste facility” has the meaning given in paragraph 2(1) of Schedule 20;

“mining waste facility closure notice” means a closure notice served under paragraph 10 of Schedule 20;

“mining waste operation” has the meaning given in paragraph 2(1) of Schedule 20;

“mobile plant” means any of the following—

(a)    Part A mobile plant,

(b)    Part B mobile plant,

(c)    waste mobile plant;

“mobile radioactive apparatus” has the meaning given in paragraph 1 of Part 2 of Schedule 23;

“net rated thermal input” has the meaning given in paragraph 1 of Part 1 of Schedule 1;

“non-hazardous waste”, except in Section 5.1 of Part 2 of Schedule 1, means waste which is not hazardous waste;

“nuclear site”, in relation to a radioactive substances activity, has the meaning given in paragraph 1 of Part 2 of Schedule 23;

“operate a regulated facility” and “operator” have the meaning given in regulation 7;

“Part A activity” and “Part B activity” have the meaning given in paragraph 1 of Part 1 of Schedule 1;

“Part A installation”, “Part A(1) installation, “Part A(2) installation” and “Part B installation” have the meaning given in paragraph 1 of Part 1 of Schedule 1;

“Part A mobile plant”, “Part A(1) mobile plant”, “Part A(2) mobile plant” and “Part B mobile plant” have the meaning given in paragraph 1 of Part 1 of Schedule 1;

“pollutant” means any substance liable to cause pollution;

“pollution”, in relation to a water discharge activity or groundwater activity, means the direct or indirect introduction, as a result of human activity, of substances or heat into the air, water or land which may—

(a)    be harmful to human health or the quality of aquatic ecosystems or terrestrial ecosystems directly depending on aquatic ecosystems,

(b)    result in damage to material property, or

(c)    impair or interfere with amenities or other legitimate uses of the environment;

“pollution”, other than in relation to a water discharge activity or groundwater activity, means any emission as a result of human activity which may—

(a)    be harmful to human health or the quality of the environment,

(b)    cause offence to a human sense,

(c)    result in damage to material property, or

(d)    impair or interfere with amenities or other legitimate uses of the environment;

“prescribed statutory provision” means—

(a)    Part 2 of the Food and Environment Protection Act 1985,

(b)    section 163 of the 1991 Act,

(c)    section 165 of the Water Industry Act 1991, or

(d)    any local statutory provision (within the meaning given in section 221 of the 1991 Act) or statutory order which expressly confers power to discharge effluent into water;

“prohibition notice” means a notice served under paragraph 9 of Schedule 22;

“proposed transferee” means the person to whom an operator proposes to transfer an environmental permit in whole or in part;

“public participation provisions” means regulations 26, 29 and 59, and paragraphs 6 and 8 of Part 1 of Schedule 5;

“public register” has the meaning given in regulation 46(1);

“radioactive material” has the meaning given in paragraph 2 of Part 2 of Schedule 23;

“radioactive substances activity” has the meaning given in paragraph 5 of Part 2 of Schedule 23;

“radioactive waste” has the meaning given in paragraph 4 of Part 2 of Schedule 23;

“recovery” has the meaning given in paragraph 2 of Schedule 9;

“register” and “registered”, in relation to an exempt facility, have the meaning given in paragraph 1 of Schedule 2;

“regulated facility” has the meaning given in regulation 8;

“regulator” means the authority on whom functions are conferred by regulation 32, or by a direction under regulation 33;

“regulator-initiated variation” means the variation of an environmental permit on the initiative of the regulator under regulation 20(1);

“relevant function” has the meaning given in regulation 9;

“relevant territorial waters” has the meaning given in section 104(1) of the 1991 Act;

“revocation notice” means a notice served under regulation 22(3);

“rule-making authority” means—

(a)    in relation to a regulated facility for which a local authority is the regulator, the appropriate authority, and

(b)    in relation to any other regulated facility, the Agency;

“SED activity” means an activity falling within Section 7 of Part 2 of Schedule 1;

“SED installation” has the meaning given in Schedule 14;

“sewage effluent” has the meaning given in section 221 of the 1991 Act;

“sewer” has the same meaning as in the 1991 Act;

“standard facility” means a regulated facility described in standard rules published under regulation 26(5);

“stand-alone groundwater activity” means a groundwater activity that is not carried on as part of the operation of a regulated facility of another class;

“stand-alone water discharge activity” means a water discharge activity that is not carried on as part of the operation of a regulated facility of another class;

“statutory order” means any order, byelaw, scheme or award made under any enactment, including an order or scheme confirmed by Parliament or brought into operation in accordance with special parliamentary procedure;

“suspension notice” means a notice served under regulation 37;

“trade effluent” has the meaning given in section 221 of the 1991 Act;

“undertaking”, except in relation to a radioactive substances activity, has the same meaning as in the Waste Framework Directive;

“vessel”, except in Schedule 1, Part 2, Chapter 2, Section 2.2 and in Schedule 23, Part 2, paragraph 7, has the same meaning as in the 1991 Act;

“waste”, except where otherwise defined, means anything that—

(a)    is waste for the purposes of the Waste Framework Directive, and

(b)    is not excluded from the scope of that Directive by Article 2(1) of that Directive;

“waste battery or accumulator” has the meaning given in Article 3(7) of the Batteries Directive, but does not include any waste which is excluded from the scope of that Directive by Article 2(2);

“waste mobile plant” means plant that is—

(a)    designed to move or be moved whether on roads or other land,

(b)    used to carry on a waste operation, and

(c)    not an installation, Part A mobile plant or Part B mobile plant;

“waste oil” means mineral-based lubricating or industrial oil which has become unfit for the use for which it was originally intended and, in particular, used combustion engine oil, gearbox oil, mineral lubricating oil, oil for turbines and hydraulic oil;

“waste operation” means recovery or disposal of waste;

“water discharge activity” has the meaning given in paragraph 3 of Schedule 21;

“WEEE” has the meaning given in Article 3(b) of the WEEE Directive; and

“working day” means a day other than—

(a)    a Saturday or a Sunday,

(b)    Good Friday or Christmas Day, or

(c)    a day which is a bank holiday under the Banking and Financial Dealings Act 1971.

(2)    For the purpose of calculating a period of time from one event to another event, that period—

(a)    starts on the day on which the first event occurs; and

(b)    ends on the day on which the second event occurs.

(3)    In these Regulations, a power to give a direction includes a power to vary or revoke it.

NOTES
Initial Commencement
Specified date

Specified date (immediately after the coming into force of the Environmental Permitting (England and Wales) (Amendment) (No 2) Regulations 2009, SI 2009/3381): 6 April 2010: see reg 1(1)(b).

Highways89 Atomic Energy & Radioactive Substances89 Transport Law89 Natural Resources, Energy & Utilities Law89 Intellectual Property Law89 Trade Secrets, Know-how & Goodwill89 Mines, Minerals & Quarries89 Local Government89

3 Interpretation: Directives

3Interpretation: Directives

In these Regulations—

“the Batteries Directive” means Directive 2006/66/EC of the European Parliament and of the Council on batteries and accumulators and waste batteries and accumulators and repealing Directive 91/157/EEC;

“the End-of-Life Vehicles Directive” means Directive 2000/53/EC of the European Parliament and of the Council on end-of-life vehicles;

“the IPPC Directive” means Directive 2008/1/EC of the European Parliament and of the Council concerning integrated pollution prevention and control;

“the Landfill Directive” means Council Directive 1999/31/EC on the landfill of waste, as read with Council Decision 2003/33/EC establishing criteria and procedures for the acceptance of waste at landfills pursuant to Article 16 of, and Annex II to, Directive 1999/31/EC;

“the Mining Waste Directive” means Directive 2006/21/EC of the European Parliament and of the Council on the management of waste from extractive industries and amending Directive 2004/35/EC;

“the Waste Framework Directive” means Directive 2006/12/EC of the European Parliament and of the Council on waste;

“the Waste Incineration Directive” means Directive 2000/76/EC of the European Parliament and of the Council on the incineration of waste;

“the Water Framework Directive” means Directive 2000/60/EC of the European Parliament and of the Council establishing a framework for Community action in the field of water policy; and

“the WEEE Directive” means Directive 2002/96/EC of the European Parliament and of the Council on waste electrical and electronic equipment.

NOTES
Initial Commencement
Specified date

Specified date (immediately after the coming into force of the Environmental Permitting (England and Wales) (Amendment) (No 2) Regulations 2009, SI 2009/3381): 6 April 2010: see reg 1(1)(b).

Environment & Property97 Real Property Law97 European Union Law92 Waste97 EU Environment, Consumers & Health Protection92

4 Exempt facilities

4Exempt facilities

Schedule 2 (exempt facilities: general) has effect.

NOTES
Initial Commencement
Specified date

Specified date (immediately after the coming into force of the Environmental Permitting (England and Wales) (Amendment) (No 2) Regulations 2009, SI 2009/3381): 6 April 2010: see reg 1(1)(b).

5 Interpretation: exempt facilities

5Interpretation: exempt facilities

(1)    In these Regulations—

“exempt facility” means—

(a)    an exempt waste operation,

(b)    an exempt water discharge activity, or

(c)    an exempt groundwater activity;

“exempt groundwater activity” means a stand-alone groundwater activity that meets the requirements of paragraph 5 of Schedule 2;

“exempt waste operation” means a waste operation—

(a)    that—

(i)    is not carried on at an installation, or

(ii)    is an activity that falls within Section 5.3 or Section 5.4 of Part 2 of Schedule 1 and is carried on at an installation, and

(b)    that meets the requirements of paragraph 3(1) of Schedule 2; and

“exempt water discharge activity” means a stand-alone water discharge activity that meets the requirements of paragraph 4 of Schedule 2.

(2)    In these Regulations, in relation to an exempt waste operation, a reference to any of paragraphs U1 to U16, T1 to T33, D1 to D8 or S1 to S3 has the meaning given in paragraph 1(8) of Chapter 1 of Part 1 of Schedule 3.

NOTES
Initial Commencement
Specified date

Specified date (immediately after the coming into force of the Environmental Permitting (England and Wales) (Amendment) (No 2) Regulations 2009, SI 2009/3381): 6 April 2010: see reg 1(1)(b).

6 Interpretation: local authority

6Interpretation: local authority

(1)    In these Regulations, “local authority” means—

(a)    in England outside Greater London—

(i)    a district council,

(ii)    where there is a county council but no district council, the county council, or

(iii)    the Council of the Isles of Scilly;

(b)    in Greater London—

(i)    the council of a London borough,

(ii)    the Common Council of the City of London,

(iii)    the Sub-Treasurer of the Inner Temple, or

(iv)    the Under-Treasurer of the Middle Temple;

(c)    in Wales—

(i)    a county council, or

(ii)    a county borough council.

(2)    Where a port health authority has been constituted for a port health district by an order under section 2 of the Public Health (Control of Disease) Act 1984 that authority is the local authority for the area covered by that district in relation to a Part B installation.

NOTES
Initial Commencement
Specified date

Specified date (immediately after the coming into force of the Environmental Permitting (England and Wales) (Amendment) (No 2) Regulations 2009, SI 2009/3381): 6 April 2010: see reg 1(1)(b).

Public Health92 Public & Environmental Health99 Local Government99 Health Law92

7 Interpretation: operate a regulated facility and operator

7Interpretation: operate a regulated facility and operator

In these Regulations—

“operate a regulated facility” means—

(a)    operate an installation or mobile plant, or

(b)    carry on a waste operation, mining waste operation, radioactive substances activity, water discharge activity or groundwater activity; and

“operator”, in relation to a regulated facility, means—

(a)    the person who has control over the operation of the regulated facility,

(b)    if the regulated facility has not yet been put into operation, the person who will have control over the regulated facility when it is put into operation, or

(c)    if a regulated facility authorised by an environmental permit ceases to be in operation, the person who holds the environmental permit.

NOTES
Initial Commencement
Specified date

Specified date (immediately after the coming into force of the Environmental Permitting (England and Wales) (Amendment) (No 2) Regulations 2009, SI 2009/3381): 6 April 2010: see reg 1(1)(b).

8 Interpretation: regulated facility and class of regulated facility

8Interpretation: regulated facility and class of regulated facility

(1)    In these Regulations, “regulated facility” means any of the following—

(a)    an installation,

(b)    mobile plant,

(c)    a waste operation,

(d)    a mining waste operation,

(e)    a radioactive substances activity,

(f)    a water discharge activity,

(g)    a groundwater activity.

(2)    But the following are not regulated facilities—

(a)    an exempt facility,

(b)    an excluded waste operation,

(c)    the disposal or recovery of household waste from a domestic property within the curtilage of that property by a person other than an establishment or undertaking.

(3)    In these Regulations, a reference to a class of regulated facility is a reference to a class in paragraph (1).

(4)    A regulated facility of any of the following classes may be carried on as part of the operation of a regulated facility of another class—

(a)    waste operation;

(b)    mining waste operation;

(c)    water discharge activity;

(d)    groundwater activity.

NOTES
Initial Commencement
Specified date

Specified date (immediately after the coming into force of the Environmental Permitting (England and Wales) (Amendment) (No 2) Regulations 2009, SI 2009/3381): 6 April 2010: see reg 1(1)(b).

9 Interpretation: relevant function

9Interpretation: relevant function

In these Regulations, “relevant function” means any of the following functions—

(a)    determining an application—

(i)    for the grant of an environmental permit under regulation 13(1),

(ii)    for the variation of an environmental permit under regulation 20(1),

(iii)    for the transfer of an environmental permit in whole or in part under regulation 21(1),

(iv)    for the surrender of an environmental permit in whole or in part under regulation 25(2),

(b)    varying an environmental permit—

(i)    on the initiative of the regulator under regulation 20(1),

(ii)    in relation to a transfer in whole or in part under regulation 21(1) or (3),

(iii)    in relation to a partial revocation under regulation 22(1),

(iv)    in relation to a partial surrender under regulation 24(2) or 25(2),

(c)    revoking an environmental permit in whole or in part under regulation 22(1),

(d)    exercising the power to serve a notice under Schedule 21 or 22 requiring a person to hold an environmental permit,

(e)    exercising the following powers or duty—

(i)    any power in relation to standard rules in Chapter 4 of Part 2,

(ii)    the duty to vary an environmental permit after revocation of standard rules in regulation 30(3),

(f)    exercising any of the following powers relating to enforcement—

(i)    the power to serve an enforcement notice,

(ii)    the power to serve a suspension notice,

(iii)    the power to serve a prohibition notice,

(iv)    the power to serve a landfill closure notice,

(v)    the power to serve a mining waste facility closure notice.

NOTES
Initial Commencement
Specified date

Specified date (immediately after the coming into force of the Environmental Permitting (England and Wales) (Amendment) (No 2) Regulations 2009, SI 2009/3381): 6 April 2010: see reg 1(1)(b).

10 Giving notices, notifications and directions, and the submission of forms

10Giving notices, notifications and directions, and the submission of forms

(1)    In this regulation, “instrument” means a notice, notification, certificate, direction or form under these Regulations.

(2)    An instrument must be in writing.

(3)    An instrument may be served on or given to a person by—

(a)    personal delivery;

(b)    leaving it at the person's proper address; or

(c)    sending it by post or electronic means to the person's proper address.

(4)    In the case of a body corporate, an instrument may be served on or given to the secretary or clerk.

(5)    In the case of a partnership, an instrument may be served on or given to a partner or a person having control or management of the partnership business.

(6)    For the purposes of this regulation, “proper address” means—

(a)    in the case of a body corporate or their secretary or clerk—

(i)    the registered or principal office of that body, or

(ii)    the email address of the secretary or clerk,

(b)    in the case of a partnership or a partner or person having control or management of the partnership business—

(i)    the principal office of the partnership, or

(ii)    the email address of a partner or a person having that control or management,

(c)    in any other case, a person's last known address, which includes an email address.

(7)    For the purposes of paragraph (6), the principal office of a company registered outside the United Kingdom or of a partnership established outside the United Kingdom is their principal office in the United Kingdom.

(8)    A form provided by the regulator which specifies an electronic address for submission may be submitted electronically to that address.

(9)    A form provided by the regulator for completion and submission through a website may be submitted through that site.

NOTES
Initial Commencement
Specified date

Specified date (immediately after the coming into force of the Environmental Permitting (England and Wales) (Amendment) (No 2) Regulations 2009, SI 2009/3381): 6 April 2010: see reg 1(1)(b).

Chapter 1 Application to the Crown and Requirement for an Environmental Permit

11 Application to the Crown

Part2Environmental Permits Chapter 1
Application to the Crown and Requirement for an Environmental Permit11Application to the Crown

Schedule 4 (application of these Regulations to the Crown) has effect.

NOTES
Initial Commencement
Specified date

Specified date (immediately after the coming into force of the Environmental Permitting (England and Wales) (Amendment) (No 2) Regulations 2009, SI 2009/3381): 6 April 2010: see reg 1(1)(b).

12 Requirement for environmental permit

12Requirement for environmental permit

(1)    A person must not, except under and to the extent authorised by an environmental permit—

(a)    operate a regulated facility; or

(b)    cause or knowingly permit a water discharge activity or groundwater activity.

(2)    Paragraph (1)(b) does not apply if the water discharge activity or groundwater activity is an exempt facility.

(3)    Where a person (“A”) would, except for this paragraph, require an environmental permit to receive radioactive waste from another person (“B”) for the purpose of disposing of that waste, A does not require a permit for that receipt where—

(a)    B holds an environmental permit which allows B to dispose of the waste to A; and

(b)    the waste is disposed of by A in accordance with that permit.

NOTES
Initial Commencement
Specified date

Specified date (immediately after the coming into force of the Environmental Permitting (England and Wales) (Amendment) (No 2) Regulations 2009, SI 2009/3381): 6 April 2010: see reg 1(1)(b).

Chapter 2 Grant of an Environmental Permit

13 Grant of an environmental permit

Chapter 2
Grant of an Environmental Permit13Grant of an environmental permit

(1)    On the application of an operator, the regulator may grant the operator a permit (an “environmental permit”) authorising—

(a)    the operation of a regulated facility; and

(b)    that operator as the person authorised to operate that regulated facility.

(2)    Regulation 17 applies in relation to the grant of a single permit authorising the operation of more than one regulated facility by the same operator.

(3)    Part 1 of Schedule 5 applies in relation to an application for the grant of an environmental permit.

NOTES
Initial Commencement
Specified date

Specified date (immediately after the coming into force of the Environmental Permitting (England and Wales) (Amendment) (No 2) Regulations 2009, SI 2009/3381): 6 April 2010: see reg 1(1)(b).

14 Content and form of an environmental permit

14Content and form of an environmental permit

(1)    An environmental permit must specify—

(a)    the regulated facility whose operation it authorises; and

(b)    the operator of that regulated facility.

(2)    An environmental permit that authorises the operation of a regulated facility (“regulated facility A”) need not specify any regulated facility of another class that is carried on as part of the operation of regulated facility A.

(3)    An environmental permit may be in electronic form.

(4)    An environmental permit must include a map, plan or other description of the site showing the geographical extent of the site of the regulated facility.

(5)    But if there is more than one regulated facility on the site, the map, plan or other description need show only the combined extent of all the facilities.

(6)    Paragraphs (4) and (5) do not apply to an environmental permit authorising—

(a)    the operation of mobile plant; or

(b)    the carrying on of a radioactive substances activity described in paragraph 5(5) of Part 2 of Schedule 23.

NOTES
Initial Commencement
Specified date

Specified date (immediately after the coming into force of the Environmental Permitting (England and Wales) (Amendment) (No 2) Regulations 2009, SI 2009/3381): 6 April 2010: see reg 1(1)(b).

15 Conditions in relation to certain land

15Conditions in relation to certain land

(1)    Conditions in an environmental permit may require the operator to carry out works or do other things in relation to land which the operator is not entitled to do without obtaining the consent of another person.

(2)    If an environmental permit contains such a condition, the person whose consent is required must grant the operator such rights as are necessary to enable the operator to comply with the condition.

(3)    Part 2 of Schedule 5 applies where such rights are granted.

NOTES
Initial Commencement
Specified date

Specified date (immediately after the coming into force of the Environmental Permitting (England and Wales) (Amendment) (No 2) Regulations 2009, SI 2009/3381): 6 April 2010: see reg 1(1)(b).

16 Mobile plant operating on the site of another regulated facility: conflict of permit conditions

16Mobile plant operating on the site of another regulated facility: conflict of permit conditions

If—

(a)    an environmental permit (“permit A”) authorises the operation of mobile plant on the site of another regulated facility the operation of which is authorised under a separate environmental permit (“permit B”); and

(b)    there is an inconsistency between the requirements imposed by permit A and those imposed by permit B,

the requirements imposed by permit B prevail.

NOTES
Initial Commencement
Specified date

Specified date (immediately after the coming into force of the Environmental Permitting (England and Wales) (Amendment) (No 2) Regulations 2009, SI 2009/3381): 6 April 2010: see reg 1(1)(b).

17 Single site permits etc

17Single site permits etc

(1)    Except as otherwise provided by this regulation, a regulator may not authorise the operation of more than one regulated facility under a single environmental permit.

(2)    The regulator may authorise, under a single environmental permit, the operation by the same operator—

(a)    of more than one mobile plant;

(b)    of more than one standard facility (other than a standard facility to which the IPPC Directive applies); or

(c)    subject to paragraph (3) and (4), of more than one regulated facility on the same site.

(3)    If one of the regulated facilities mentioned in paragraph (2)(c) is a radioactive substances activity described in paragraph 5(5) of Part 2 of Schedule 23, the permit may authorise the operation of that regulated facility on more than one site.

(4)    If a groundwater activity is carried on as part of a radioactive substances activity—

(a)    the regulator must authorise the carrying on of the groundwater activity under the same environmental permit that authorises the carrying on of the radioactive substances activity; and

(b)    a separate permit must not be granted in relation to the groundwater activity.

NOTES
Initial Commencement
Specified date

Specified date (immediately after the coming into force of the Environmental Permitting (England and Wales) (Amendment) (No 2) Regulations 2009, SI 2009/3381): 6 April 2010: see reg 1(1)(b).

18 Consolidation of an environmental permit

18Consolidation of an environmental permit

(1)    Paragraph (2) applies if the same operator is authorised by more than one environmental permit to operate—

(a)    more than one mobile plant;

(b)    more than one standard facility, not being a standard facility to which the IPPC Directive applies; or

(c)    more than one regulated facility on the same site.

(2)    The regulator may replace the environmental permits (“old permits”) with a consolidated environmental permit—

(a)    applying to the same regulated facilities; and

(b)    subject to the same conditions that applied to the old permits, but varied as the regulator thinks fit.

(3)    The regulator may replace a consolidated environmental permit (“old permit”) with 2 or more environmental permits (“new permits”).

(4)    Each of the new permits is subject to whichever conditions of the old permit are relevant, varied as the regulator thinks fit.

(5)    The regulator may replace a single environmental permit (“old permit”) which has been varied with a consolidated environmental permit subject to the same conditions that applied to the old permit.

(6)    A variation made by a regulator under this regulation—

(a)    is taken to be a regulator-initiated variation under regulation 20(1); and

(b)    may only be made in accordance with regulation 20.

(7)    Paragraphs 17, 18 and 19 of Part 1 of Schedule 5 apply in relation to the decision to make a regulator-initiated variation and the notification of such a decision.

NOTES
Initial Commencement
Specified date

Specified date (immediately after the coming into force of the Environmental Permitting (England and Wales) (Amendment) (No 2) Regulations 2009, SI 2009/3381): 6 April 2010: see reg 1(1)(b).

19 Subsistence of an environmental permit

19Subsistence of an environmental permit

Once granted an environmental permit continues in force until—

(a)    it is revoked in whole in accordance with regulation 22;

(b)    it is surrendered in whole in accordance with—

(i)    regulation 24, or

(ii)    regulation 25 and Part 1 of Schedule 5; or

(c)    it is replaced with a consolidated permit in accordance with—

(i)    regulation 18(2),

(ii)    regulation 22(5),

(iii)    paragraph 19(2) of Part 1 of Schedule 5.

NOTES
Initial Commencement
Specified date

Specified date (immediately after the coming into force of the Environmental Permitting (England and Wales) (Amendment) (No 2) Regulations 2009, SI 2009/3381): 6 April 2010: see reg 1(1)(b).

Chapter 3 Variation, Transfer, Revocation and Surrender of an Environmental Permit

20 Variation of an environmental permit

Chapter 3
Variation, Transfer, Revocation and Surrender of an Environmental Permit20Variation of an environmental permit

(1)    The regulator may vary an environmental permit on the application of the operator or on its own initiative.

(2)    A variation under this regulation must not reduce the extent of the site of a regulated facility.

(3)    Paragraph (2) does not apply if the variation relates to any part of an environmental permit (or if applicable, the whole permit) that authorises the operation of a regulated facility of the following description—

(a)    a Part B installation, except to the extent that it relates to a waste operation;

(b)    a stand-alone water discharge activity or stand-alone groundwater activity.

(4)    With respect to any part of an environmental permit (or if applicable, the whole permit) that authorises the carrying on of a stand-alone water discharge activity, a regulator must not, without the agreement of the operator, on its own initiative—

(a)    within 4 years after the grant of the permit, vary any condition of the permit that relates to the water discharge activity; or

(b)    within 4 years after the variation of a condition of the permit that relates to the water discharge activity, further vary that condition.

(5)    Paragraph (4) does not apply if—

(a)    the regulated facility is a standard facility; or

(b)    the regulator, on its own initiative, varies an environmental permit, or any condition of a permit, in order to comply with—

(i)    an obligation of the United Kingdom under the Community Treaties; or

(ii)    a direction given by the appropriate authority under regulation 61.

(6)    Part 1 of Schedule 5 applies in relation to an application for the variation of an environmental permit or a proposal to vary an environmental permit on the initiative of the regulator under paragraph (1).

NOTES
Initial Commencement
Specified date

Specified date (immediately after the coming into force of the Environmental Permitting (England and Wales) (Amendment) (No 2) Regulations 2009, SI 2009/3381): 6 April 2010: see reg 1(1)(b).

21 Transfer of an environmental permit

21Transfer of an environmental permit

(1)    The regulator may, on the joint application of an operator and a proposed transferee, transfer to the proposed transferee an environmental permit or any part of an environmental permit.

(2)    Part 1 of Schedule 5 applies in relation to an application for the transfer of an environmental permit in whole or in part.

(3)    Paragraph (1) does not apply to an environmental permit (or any part of a permit) that authorises the carrying on of a stand-alone water discharge activity or stand-alone groundwater activity.

(4)    The regulator may, on the joint notification of an operator and a proposed transferee, transfer to the proposed transferee any part of an environmental permit (or if applicable, the whole permit) to which paragraph (1) does not apply.

(5)    A notification must—

(a)    be made on the form provided by the regulator;

(b)    include such information as is specified on the form; and

(c)    specify a date on which the transfer is to take place, which must be not less than 20 working days after the date on which the notification is given.

(6)    A transfer following a notification takes effect on the date specified in the notification.

(7)    If—

(a)    an enforcement notice is in force in respect of an environmental permit; and

(b)    the permit is transferred to another person, either in whole or in part,

the duty to comply with the enforcement notice is also transferred to the other person to the extent that it relates to the permit or part transferred.

NOTES
Initial Commencement
Specified date

Specified date (immediately after the coming into force of the Environmental Permitting (England and Wales) (Amendment) (No 2) Regulations 2009, SI 2009/3381): 6 April 2010: see reg 1(1)(b).

22 Revocation of an environmental permit: general

22Revocation of an environmental permit: general

(1)    The regulator may revoke an environmental permit in whole or in part.

(2)    If the regulator revokes a permit in part, it may vary the permit conditions to the extent that it considers necessary to take account of the revocation.

(3)    Where the regulator decides to revoke an environmental permit it must serve a notice on the operator specifying—

(a)    the reasons for the revocation;

(b)    in the case of a partial revocation—

(i)    the extent to which the environmental permit is being revoked, and

(ii)    any variation to the conditions of the environmental permit; and

(c)    the date on which the revocation will take place, which must not be less than 20 working days after the date on which the notice is served.

(4)    Unless the regulator withdraws a revocation notice, an environmental permit ceases to have effect on the date specified in the notice—

(a)    in the case of a revocation in whole, entirely; or

(b)    in the case of a partial revocation, to the extent of the part revoked.

(5)    In the case of a partial revocation, the regulator may replace the environmental permit with a consolidated environmental permit reflecting the variation.

(6)    Any variation made by a regulator under this regulation—

(a)    is taken to be a regulator-initiated variation under regulation 20(1); and

(b)    may only be made in accordance with regulation 20.

(7)    Paragraphs 17, 18 and 19 of Part 1 of Schedule 5 apply in relation to the decision to make a regulator-initiated variation and the notification of such a decision.

(8)    If a waste operation, stand-alone water discharge activity or stand-alone groundwater activity is registered as an exempt facility, that part of an environmental permit (or if applicable, the whole permit) that relates to the waste operation, water discharge activity or groundwater activity is revoked on the date of registration.

NOTES
Initial Commencement
Specified date

Specified date (immediately after the coming into force of the Environmental Permitting (England and Wales) (Amendment) (No 2) Regulations 2009, SI 2009/3381): 6 April 2010: see reg 1(1)(b).

23 Revocation of an environmental permit: steps to be taken after the revocation takes effect

23Revocation of an environmental permit: steps to be taken after the revocation takes effect

(1)    This regulation applies where the regulator has decided to revoke an environmental permit, or part of a permit, and the regulator considers that, after the revocation takes effect, it is appropriate for the operator to take steps—

(a)    to avoid a pollution risk resulting from the operation of the regulated facility; or

(b)    to return the site of the regulated facility to a satisfactory state, having regard to the state of the site before the facility was put into operation.

(2)    But this regulation does not apply if the revocation relates to any part of an environmental permit (or if applicable, the whole permit) that authorises the operation of a regulated facility of the following description—

(a)    a Part B installation, except to the extent that it relates to a waste operation;

(b)    mobile plant;

(c)    a stand-alone water discharge activity or stand-alone groundwater activity.

(3)    If the operator is already required to take the steps mentioned in paragraph (1) under the environmental permit, the revocation notice must specify the regulator's view under paragraph (1) and state that paragraph (4) applies.

(4)    The environmental permit continues to have effect to the extent that it requires the steps to be taken until the regulator issues a certificate stating that it is satisfied that all the steps have been taken.

(5)    If the operator is not already required to take the steps mentioned in paragraph (1) under the environmental permit, the revocation notice must specify the regulator's view under paragraph (1) and the steps to be taken.

(6)    If paragraph (5) applies, unless the regulator issues a certificate stating that it is satisfied that all the steps have been taken, the steps must be treated as if they were conditions of an environmental permit for the purposes of—

(a)    regulation 20;

(b)    regulation 36; and

(c)    the offence in regulation 38(2).

NOTES
Initial Commencement
Specified date

Specified date (immediately after the coming into force of the Environmental Permitting (England and Wales) (Amendment) (No 2) Regulations 2009, SI 2009/3381): 6 April 2010: see reg 1(1)(b).

24 Notification of the surrender of an environmental permit

24Notification of the surrender of an environmental permit

(1)    This regulation applies to any part of an environmental permit (or if applicable, the whole permit) that authorises the operation of a regulated facility of the following description or class—

(a)    a Part B installation, except to the extent that it relates to a waste operation;

(b)    mobile plant;

(c)    a stand-alone water discharge activity or stand-alone groundwater activity.

(2)    By notification to the regulator, the operator may surrender that part of an environmental permit (or if applicable, the whole permit) to which this regulation applies.

(3)    A notification must—

(a)    be made on the form provided by the regulator;

(b)    include such information as is specified in the form; and

(c)    specify the date on which the surrender is to take place, which must not be less than 20 working days after the date on which the notification is given.

(4)    Subject to paragraph (7), the environmental permit ceases to have effect on the date specified in the notification to the extent specified there.

(5)    Paragraphs (6) and (7) apply to a partial surrender if the regulator considers it necessary to vary the environmental permit conditions to take account of that surrender.

(6)    The regulator must serve a notice on the operator specifying—

(a)    the regulator's view under paragraph (5);

(b)    the variation; and

(c)    the date the variation takes effect.

(7)    If the date specified in the notice under paragraph (6)(c) is later than the date specified in the notification under paragraph (3)(c), the variation and partial surrender both take effect on the later date.

NOTES
Initial Commencement
Specified date

Specified date (immediately after the coming into force of the Environmental Permitting (England and Wales) (Amendment) (No 2) Regulations 2009, SI 2009/3381): 6 April 2010: see reg 1(1)(b).

25 Application for the surrender of an environmental permit

25Application for the surrender of an environmental permit

(1)    This regulation applies to an environmental permit, or any part of a permit, to which regulation 24 does not apply.

(2)    By application to the regulator, an operator may surrender an environmental permit, or that part of a permit, to which this regulation applies.

(3)    Part 1 of Schedule 5 applies in relation to an application for the surrender of an environmental permit in whole or in part.

NOTES
Initial Commencement
Specified date

Specified date (immediately after the coming into force of the Environmental Permitting (England and Wales) (Amendment) (No 2) Regulations 2009, SI 2009/3381): 6 April 2010: see reg 1(1)(b).

Chapter 4 Standard Rules

26 Preparation and revision of standard rules

Chapter 4
Standard Rules26Preparation and revision of standard rules

(1)    A rule-making authority may prepare standard rules for such regulated facilities as are described in those rules.

(2)    In preparing or revising standard rules the authority must consult—

(a)    such persons as it considers are representative of the interests of communities likely to be affected by, or persons operating, the regulated facilities described in the rules; and

(b)    such other persons as it considers are likely to be affected by or have an interest in the rules.

(3)    But the duty in paragraph (2) does not apply in relation to revisions which comprise only minor administrative changes.

(4)    The authority must keep under review all standard rules published by it under this regulation and revise those rules when it considers necessary.

(5)    The authority must publish on its website all standard rules prepared or revised by it under this regulation.

(6)    The duty in paragraph (2) may be satisfied by a consultation carried out partially or wholly before the coming into force of these Regulations.

NOTES
Initial Commencement
Specified date

Specified date (immediately after the coming into force of the Environmental Permitting (England and Wales) (Amendment) (No 2) Regulations 2009, SI 2009/3381): 6 April 2010: see reg 1(1)(b).

27 Standard rules as conditions of an environmental permit

27Standard rules as conditions of an environmental permit

(1)    This regulation applies where a rule-making authority has published standard rules under regulation 26(5).

(2)    At the request of the operator of a standard facility the regulator may include in the environmental permit authorising the operation of the facility a term providing that the relevant rules are conditions of the permit.

(3)    If the regulator includes such a term, the relevant rules are conditions of the permit for the purposes of these Regulations, but there is no right of appeal under regulation 31 in relation to such a condition or the relevant rules.

(4)    In this regulation, “relevant rules” means the standard rules which apply to the standard facility.

NOTES
Initial Commencement
Specified date

Specified date (immediately after the coming into force of the Environmental Permitting (England and Wales) (Amendment) (No 2) Regulations 2009, SI 2009/3381): 6 April 2010: see reg 1(1)(b).

28 Notification of revisions of standard rules

28Notification of revisions of standard rules

(1)    This regulation applies where the rule-making authority proposes to revise standard rules under regulation 26(4).

(2)    Before the rule-making authority complies with regulation 26(5), the regulator must notify any operator who holds a relevant environmental permit—

(a)    of the proposed revisions;

(b)    of the date when the revised rules will be published, which must not be less than 3 months after the date the notification is served; and

(c)    that on this date the revised rules will become conditions of the environmental permit.

(3)    But the authority may publish the revised rules before 3 months after the date the notification is served if the revisions comprise only minor administrative changes.

(4)    The revised rules take effect when published under regulation 26(5).

(5)    In this regulation, “relevant environmental permit” means an environmental permit which will be affected by the proposed revisions.

NOTES
Initial Commencement
Specified date

Specified date (immediately after the coming into force of the Environmental Permitting (England and Wales) (Amendment) (No 2) Regulations 2009, SI 2009/3381): 6 April 2010: see reg 1(1)(b).

29 Revocation of standard rules

29Revocation of standard rules

The rule-making authority may revoke standard rules, but before doing so must consult the persons referred to in regulation 26(2).

NOTES
Initial Commencement
Specified date

Specified date (immediately after the coming into force of the Environmental Permitting (England and Wales) (Amendment) (No 2) Regulations 2009, SI 2009/3381): 6 April 2010: see reg 1(1)(b).

30 Variation of an environmental permit: revocation of standard rules

30Variation of an environmental permit: revocation of standard rules

(1)    This regulation applies to an environmental permit which includes a standard rules term if the standard rules applying by virtue of that term have been revoked by the regulator.

(2)    The revoked rules continue to have effect until the regulator varies the permit under paragraph (3).

(3)    As soon as reasonably practicable after the revocation of the rules, the regulator must vary the permit so as to—

(a)    remove the standard rules term; and

(b)    include such alternative conditions as it considers appropriate.

(4)    In this regulation, “standard rules term” means a term of the type mentioned in regulation 27(2).

NOTES
Initial Commencement
Specified date

Specified date (immediately after the coming into force of the Environmental Permitting (England and Wales) (Amendment) (No 2) Regulations 2009, SI 2009/3381): 6 April 2010: see reg 1(1)(b).

Chapter 5 Appeals in Relation to Environmental Permits

31 Appeals to an appropriate authority

Chapter 5
Appeals in Relation to Environmental Permits31Appeals to an appropriate authority

(1)    In this regulation, “application” has the meaning given in paragraph 1 of Part 1 of Schedule 5.

(2)    Subject to paragraphs (4) and (5), the following persons may appeal to the appropriate authority—

(a)    a person whose application is refused;

(b)    a person who is aggrieved by a decision to impose an environmental permit condition following that person's application;

(c)    a person who is aggrieved by a decision to impose a condition on an environmental permit held by that person—

(i)    as a result of a regulator-initiated variation, or

(ii)    to take account of the partial transfer, partial revocation or partial surrender of that environmental permit;

(d)    a person who is aggrieved by the deemed withdrawal under paragraph 4(2) of Part 1 of Schedule 5 of that person's duly-made application;

(e)    a person who is aggrieved by a decision relating to an environmental permit held by that person not to authorise the closure procedure mentioned in—

(i)    Article 13 of the Landfill Directive after a request referred to in Article 13(a)(ii) of that Directive, or

(ii)    Article 12 of the Mining Waste Directive after a request referred to in Article 12(2)(b) of that Directive;

(f)    a person on whom an enforcement notice, a revocation notice, suspension notice, prohibition notice, landfill closure notice or mining waste facility closure notice is served.

(3)    In paragraph (2), “person” includes a person to whom an environmental permit is transferred after—

(a)    an application or a decision mentioned in that paragraph is made, or

(b)    a notice mentioned in that paragraph is served.

(4)    Paragraph (2) does not apply where—

(a)    the relevant decision or notice implements a direction of the appropriate authority given under—

(i)    regulation 61(1),

(ii)    regulation 62(1) or (6), or

(iii)    paragraph (7) of this regulation; or

(b)    an application for the grant or variation of an environmental permit in relation to a Category A mining waste facility that is an existing mining waste facility is refused pursuant to paragraph 14(2) of Schedule 20.

(5)    Paragraph (2)(f) does not apply to the extent that a revocation notice or suspension notice is served because of a failure to pay a charge prescribed in a scheme made under regulation 65(1) in respect of the subsistence of an environmental permit.

(6)    On the determination of an appeal in respect of a notice, the appropriate authority—

(a)    may quash or affirm the notice; and

(b)    if it affirms the notice, may affirm it, with or without modifications.

(7)    When determining an appeal in respect of a decision, the appropriate authority has the same powers as the regulator had when making the decision.

(8)    On the determination of an appeal in respect of a decision, unless the appropriate authority affirms the decision the authority must direct the regulator to give effect to its determination when sending a copy of it to the regulator under paragraph 6(2)(a) of Schedule 6.

(9)    Except as otherwise provided by this regulation—

(a)    an appeal does not have the effect of suspending a decision or notice; but

(b)    if an appeal is brought against a revocation notice, the notice does not take effect until the final determination or the withdrawal of the appeal.

(10)    Subject to paragraph (13), paragraph (9)(b) does not apply if the revocation notice—

(a)    relates to any part of an environmental permit (or if applicable, the whole permit) that authorises the carrying on of a stand-alone water discharge activity; and

(b)    states that, in the opinion of the regulator, the revocation is necessary for the purpose of preventing or, where that is not practicable, minimising, pollution.

(11)    If an appeal is brought under paragraph (2)(c)(i) in respect of a decision to impose a condition on an environmental permit in relation to a stand-alone water discharge activity, the imposition of the environmental permit condition does not take effect, subject to paragraphs (12) and (13), until the final determination or the withdrawal of the appeal.

(12)    Paragraph (11) does not apply if the notice effecting the decision includes a statement that, in the opinion of the regulator, the imposition of the condition is necessary for the purpose of preventing or, where that is not practicable, minimising, pollution.

(13)    If the appropriate authority, on the application of the appellant, determines that the regulator acted unreasonably in excluding the application of paragraph (9)(b) or (11), then—

(a)    if the appeal is still pending at the end of the day on which the determination is made, paragraph (9)(b) or (11) applies to the decision or notice from the end of that day;

(b)    the appellant is entitled to recover compensation from the regulator in respect of any loss suffered in consequence of that exclusion; and

(c)    any dispute as to a person's entitlement to such compensation or as to the amount of it is to be determined by a single arbitrator appointed—

(i)    by agreement between the parties to the dispute; or

(ii)    in the absence of agreement, by the appropriate authority.

(14)    Schedule 6 (appeals to the appropriate authority) has effect in relation to the making and determination of appeals under this regulation.

NOTES
Initial Commencement
Specified date

Specified date (immediately after the coming into force of the Environmental Permitting (England and Wales) (Amendment) (No 2) Regulations 2009, SI 2009/3381): 6 April 2010: see reg 1(1)(b).

Environment & Property99 Real Property Law99 Waste99

32 Discharge of functions

Part3Discharge of Functions in Relation to a Regulated Facility 32Discharge of functions

(1)    Subject to regulation 33, functions in relation to a regulated facility, other than a regulated facility mentioned in paragraph (2), are exercisable by the Agency.

(2)    Functions in relation to a regulated facility of the following description or class are exercisable by the local authority in whose area the regulated facility is or will be operated—

(a)    a Part A(2) installation or Part A(2) mobile plant;

(b)    a Part B installation or Part B mobile plant, but not in respect of any of the following regulated facilities carried on at the installation or by means of mobile plant—

(i)    a waste operation (unless it is a Part B activity),

(ii)    a mining waste operation,

(iii)    a water discharge activity,

(iv)    a groundwater activity.

(3)    If the principal place of business of the operator of Part A(2) mobile plant or Part B mobile plant is in England and Wales, functions in relation to that regulated facility are exercisable by the local authority in whose area the place of business is.

(4)    If the principal place of business of the operator of Part A(2) mobile plant or Part B mobile plant is not in England and Wales, functions in relation to that regulated facility are exercisable by—

(a)    the local authority which granted the environmental permit authorising the operation of the regulated facility; or

(b)    if no permit has been granted, the local authority in whose area the regulated facility is first operated, or is intended to be first operated.

(5)    In this regulation, “functions” includes relevant functions.

NOTES
Initial Commencement
Specified date

Specified date (immediately after the coming into force of the Environmental Permitting (England and Wales) (Amendment) (No 2) Regulations 2009, SI 2009/3381): 6 April 2010: see reg 1(1)(b).

33 Direction to a regulator: discharge of functions by a different regulator

33Direction to a regulator: discharge of functions by a different regulator

(1)    An appropriate authority may direct—

(a)    the Agency to exercise such local authority functions as are, and for such period as is, specified in the direction; or

(b)    a local authority to exercise such Agency functions as are, and for such period as is, specified in the direction.

(2)    A direction under this regulation may include such saving and transitional provisions as the appropriate authority considers necessary or expedient.

(3)    A direction under this regulation may be made in respect of a description or class of regulated facility or a specific regulated facility.

(4)    A direction under paragraph (1)(b) may only be made in respect of—

(a)    an installation, but not in respect of a mining waste operation carried on at an installation; or

(b)    mobile plant.

(5)    When giving a direction under this regulation the appropriate authority must notify the persons in paragraph (6) of the direction and publish the direction on its website.

(6)    The persons are—

(a)    the Agency; and

(b)    any local authority or other person whom the appropriate authority considers is affected by the direction.

(7)    An appropriate authority must not comply with a duty under paragraph (5) in a case where the authority considers that to do so would be contrary to the interests of national security.

(8)    In this regulation (ignoring any direction under this regulation)—

“Agency functions” means functions which are exercisable by the Agency by virtue of regulation 32 or paragraph 2 of Schedule 2; and

“local authority functions” means functions which are exercisable by a local authority by virtue of regulation 32 or paragraph 2 of Schedule 2.

NOTES
Initial Commencement
Specified date

Specified date (immediately after the coming into force of the Environmental Permitting (England and Wales) (Amendment) (No 2) Regulations 2009, SI 2009/3381): 6 April 2010: see reg 1(1)(b).

34 Review of environmental permits and inspection of regulated facilities

34Review of environmental permits and inspection of regulated facilities

(1)    The regulator must periodically review environmental permits.

(2)    The regulator must make appropriate periodic inspections of regulated facilities.

NOTES
Initial Commencement
Specified date

Specified date (immediately after the coming into force of the Environmental Permitting (England and Wales) (Amendment) (No 2) Regulations 2009, SI 2009/3381): 6 April 2010: see reg 1(1)(b).

35 Specific provisions applying to environmental permits

35Specific provisions applying to environmental permits

(1)    Schedules 7 to 23 have effect.

(2)    To the extent that the operation of a regulated facility of a description or class mentioned in any of the following Schedules requires an environmental permit, the requirements of that Schedule apply in relation to that regulated facility—

(a)    Schedule 7 (Part A installations and Part A mobile plant);

(b)    Schedule 8 (Part B installations and Part B mobile plant);

(c)    Schedule 9 (waste operations);

(d)    Schedule 10 (landfill);

(e)    Schedule 11 (waste motor vehicles);

(f)    Schedule 12 (waste electrical and electronic equipment);

(g)    Schedule 13 (waste incineration);

(h)    Schedule 14 (SED installations);

(i)    Schedule 15 (large combustion plants);

(j)    Schedule 16 (asbestos);

(k)    Schedule 17 (titanium dioxide);

(l)    Schedule 18 (petrol vapour recovery);

(m)    Schedule 19 (waste batteries and accumulators);

(n)    Schedule 20 (mining waste operations);

(o)    Schedule 21 (water discharge activities);

(p)    Schedule 22 (groundwater activities);

(q)    Schedule 23 (radioactive substances activities).

NOTES
Initial Commencement
Specified date

Specified date (immediately after the coming into force of the Environmental Permitting (England and Wales) (Amendment) (No 2) Regulations 2009, SI 2009/3381): 6 April 2010: see reg 1(1)(b).

36 Enforcement notices

Part4Enforcement and Offences 36Enforcement notices

(1)    If the regulator considers that an operator has contravened, is contravening, or is likely to contravene an environmental permit condition, the regulator may serve a notice (an “enforcement notice”) on the operator under this regulation.

(2)    An enforcement notice must—

(a)    state the regulator's view under paragraph (1);

(b)    specify the matters constituting the contravention or making a contravention likely;

(c)    specify the steps that must be taken to remedy the contravention or to ensure that the likely contravention does not occur; and

(d)    specify the period within which those steps must be taken.

(3)    Steps that may be specified in an enforcement notice include steps—

(a)    to make the operation of a regulated facility comply with the environmental permit conditions; and

(b)    to remedy the effects of pollution caused by the contravention.

(4)    The regulator may withdraw an enforcement notice at any time by further notice served on the operator.

NOTES
Initial Commencement
Specified date

Specified date (immediately after the coming into force of the Environmental Permitting (England and Wales) (Amendment) (No 2) Regulations 2009, SI 2009/3381): 6 April 2010: see reg 1(1)(b).

37 Suspension notices

37Suspension notices

(1)    The regulator may suspend an environmental permit by serving a notice (a “suspension notice”) on the operator under this regulation.

(2)    If the regulator considers that the operation of a regulated facility under an environmental permit involves a risk of serious pollution, it may serve a suspension notice on the operator.

(3)    Paragraph (2) applies whether or not the manner of operating the regulated facility which involves the risk is subject to or contravenes an environmental permit condition.

(4)    A suspension notice served for the purpose of paragraph (2) must—

(a)    specify—

(i)    the risk of serious pollution mentioned in that paragraph,

(ii)    the steps that must be taken to remove that risk, and

(iii)    the period within which the steps must be taken;

(b)    state that the environmental permit ceases to have effect to the extent specified in the notice until the notice is withdrawn; and

(c)    if the environmental permit continues to authorise the operation of a regulated facility, state any steps (in addition to those already required to be taken by the environmental permit conditions) that are to be taken when operating that regulated facility.

(5)    The regulator may suspend an environmental permit under regulation 65(5) by serving a suspension notice on the operator.

(6)    A suspension notice served for the purpose of paragraph (5) must—

(a)    specify the reason for the suspension;

(b)    state the sum payable by the operator and the period within which it is to be paid; and

(c)    state that the environmental permit ceases to have effect to the extent specified in the notice until the notice is withdrawn.

(7)    If a suspension notice is served, the environmental permit ceases to have effect to the extent stated in the notice.

(8)    The regulator—

(a)    may withdraw a suspension notice at any time by further notice served on the operator; and

(b)    must withdraw a notice when satisfied that the steps specified in it have been taken.

NOTES
Initial Commencement
Specified date

Specified date (immediately after the coming into force of the Environmental Permitting (England and Wales) (Amendment) (No 2) Regulations 2009, SI 2009/3381): 6 April 2010: see reg 1(1)(b).

38 Offences

38Offences

(1)    It is an offence for a person to—

(a)    contravene regulation 12(1); or

(b)    knowingly cause or knowingly permit the contravention of regulation 12(1)(a).

(2)    It is an offence for a person to fail to comply with or to contravene an environmental permit condition.

(3)    It is an offence for a person to fail to comply with the requirements of an enforcement notice or of a prohibition notice, suspension notice, landfill closure notice or mining waste facility closure notice.

(4)    It is an offence for a person—

(a)    to fail to comply with a notice under regulation 60(1) requiring the provision of information, without reasonable excuse;

(b)    to make a statement which the person knows to be false or misleading in a material particular, or recklessly to make a statement which is false or misleading in a material particular, where the statement is made—

(i)    in purported compliance with a requirement to provide information imposed by or under a provision of these Regulations,

(ii)    for the purpose of obtaining the grant of an environmental permit to any person, or the variation, transfer in whole or in part, or surrender in whole or in part of an environmental permit, or

(iii)    for the purpose of obtaining, renewing or amending the registration of an exempt facility;

(c)    intentionally to make a false entry in a record required to be kept under an environmental permit condition;

(d)    with intent to deceive—

(i)    to forge or use a document issued or authorised to be issued or required for any purpose under an environmental permit condition, or

(ii)    to make or have in the person's possession a document so closely resembling such a document as to be likely to deceive.

(5)    It is an offence for an establishment or undertaking to—

(a)    fail to comply with paragraph 14(3) or (4) of Schedule 2; or

(b)    intentionally make a false entry in a record required to be kept under that paragraph.

(6)    If an offence committed by a person under this regulation is due to the act or default of some other person, that other person is also guilty of the offence and liable to be proceeded against and punished accordingly, whether or not proceedings for the offence are taken against the first-mentioned person.

NOTES
Initial Commencement
Specified date

Specified date (immediately after the coming into force of the Environmental Permitting (England and Wales) (Amendment) (No 2) Regulations 2009, SI 2009/3381): 6 April 2010: see reg 1(1)(b).

39 Penalties

39Penalties

(1)    A person guilty of an offence under regulation 38(1), (2) or (3) is liable—

(a)    on summary conviction to a fine not exceeding £50,000 or imprisonment for a term not exceeding 12 months, or to both; or

(b)    on conviction on indictment to a fine or imprisonment for a term not exceeding 5 years, or to both.

(2)    In relation to an offence committed before the commencement of section 154(1) of the Criminal Justice Act 2003, paragraph (1)(a) has effect as if for “12 months” there were substituted “6 months”.

(3)    A person guilty of an offence under regulation 38(4) is liable—

(a)    on summary conviction to a fine not exceeding the statutory maximum; or

(b)    on conviction on indictment to a fine or imprisonment for a term not exceeding 2 years, or to both.

(4)    An establishment or undertaking guilty of an offence under regulation 38(5) is liable on summary conviction to a fine not exceeding level 2 on the standard scale.

NOTES
Initial Commencement
Specified date

Specified date (immediately after the coming into force of the Environmental Permitting (England and Wales) (Amendment) (No 2) Regulations 2009, SI 2009/3381): 6 April 2010: see reg 1(1)(b).

Criminal Procedure96 Criminal Law & Disposition of Offenders96 Sentencing Powers & General Principles of Sentencing96 Fines in Criminal Proceedings96

40 Defences

40Defences

(1)    It is a defence for a person charged with an offence under regulation 38(1), (2) or (3) to prove that the acts alleged to constitute the contravention were done in an emergency in order to avoid danger to human health in a case where—

(a)    the person took all such steps as were reasonably practicable in the circumstances for minimising pollution; and

(b)    particulars of the acts were furnished to the regulator as soon as reasonably practicable after they were done.

(2)    A person who knowingly permits a water discharge activity or groundwater activity where the discharge is water from an abandoned mine or an abandoned part of a mine is not guilty of an offence under regulation 38(1) unless—

(a)    the person is the owner or former operator of the mine or that part of it; and

(b)    the mine or the part of the mine was abandoned after 31st December 1999.

(3)    In paragraph (2), “abandoned”, in relation to a mine, and “mine” have the meaning given in section 91A of the 1991 Act.

NOTES
Initial Commencement
Specified date

Specified date (immediately after the coming into force of the Environmental Permitting (England and Wales) (Amendment) (No 2) Regulations 2009, SI 2009/3381): 6 April 2010: see reg 1(1)(b).

41 Offences by bodies corporate

41Offences by bodies corporate

(1)    If an offence committed under these Regulations by a body corporate is proved—

(a)    to have been committed with the consent or connivance of an officer; or

(b)    to be attributable to any neglect on the part of an officer,

the officer as well as the body corporate is guilty of the offence and liable to be proceeded against and punished accordingly.

(2)    If the affairs of a body corporate are managed by its members, paragraph (1) applies in relation to the acts and defaults of a member in connection with the member's functions of management as if the member were a director of the body.

(3)    In this regulation, “officer”, in relation to a body corporate, means a director, member of the committee of management, chief executive, manager, secretary or other similar officer of the body, or a person purporting to act in any such capacity.

NOTES
Initial Commencement
Specified date

Specified date (immediately after the coming into force of the Environmental Permitting (England and Wales) (Amendment) (No 2) Regulations 2009, SI 2009/3381): 6 April 2010: see reg 1(1)(b).

42 Enforcement by the High Court

42Enforcement by the High Court

If the regulator considers that proceedings against a person for an offence under regulation 38(3) would afford an ineffectual remedy against the person, the regulator may take proceedings in the High Court for the purpose of securing compliance with the enforcement notice, suspension notice, prohibition notice, landfill closure notice or mining waste facility closure notice.

NOTES
Initial Commencement
Specified date

Specified date (immediately after the coming into force of the Environmental Permitting (England and Wales) (Amendment) (No 2) Regulations 2009, SI 2009/3381): 6 April 2010: see reg 1(1)(b).

43 Admissibility of evidence

43Admissibility of evidence

Where, pursuant to an environmental permit granted by a local authority, an entry is required to be made in any record as to the observance of a condition of the environmental permit and the entry has not been made, that fact is admissible as evidence that the condition has not been observed.

NOTES
Initial Commencement
Specified date

Specified date (immediately after the coming into force of the Environmental Permitting (England and Wales) (Amendment) (No 2) Regulations 2009, SI 2009/3381): 6 April 2010: see reg 1(1)(b).

Trade Secrets, Know-how & Goodwill99 Intellectual Property Law99

44 Power of court to order cause of offence to be remedied

44Power of court to order cause of offence to be remedied

(1)    This regulation applies where a person is convicted of an offence under regulation 38(1), (2) or (3) in respect of a matter which appears to the court to be a matter which it is in the person's power to remedy.

(2)    In addition to or instead of a punishment imposed under regulation 39 the court may order the person to take such steps for remedying the matter within such period as may be specified in the order.

(3)    The period may be extended, or further extended, by order of the court on an application made before the end of the period or the extended period, as the case may be.

(4)    If a person is ordered to remedy a matter, that person is not liable under regulation 38 in respect of that matter during the period or the extended period.

NOTES
Initial Commencement
Specified date

Specified date (immediately after the coming into force of the Environmental Permitting (England and Wales) (Amendment) (No 2) Regulations 2009, SI 2009/3381): 6 April 2010: see reg 1(1)(b).

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45 Interpretation of this Part

Part5Public Registers 45Interpretation of this Part

In this Part—

“final confidentiality decision” means—

(a)    a determination under regulation 50,

(b)    a determination under section 22(2) or 66(2) of the 1990 Act,

(c)    a determination under regulation 31(2) of the 2000 Regulations, or

(d)    the determination or withdrawal of an appeal in relation to a determination referred to in paragraphs (a) to (c);

“the information subject” means the person to whom information relates; and

“objection notice” means a notice given under regulation 48(1)(b).

NOTES
Initial Commencement
Specified date

Specified date (immediately after the coming into force of the Environmental Permitting (England and Wales) (Amendment) (No 2) Regulations 2009, SI 2009/3381): 6 April 2010: see reg 1(1)(b).

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46 Duty of the regulator to maintain a public register

46Duty of the regulator to maintain a public register

(1)    Subject to regulations 47 and 48, the regulator must maintain a register (a “public register”) containing the information in paragraph 1 of Schedule 24 (public registers).

(2)    Nothing in paragraph (1) requires a public register to contain information relating to criminal proceedings, or anything which is the subject matter of criminal proceedings, before those proceedings are finally disposed of.

(3)    In paragraph (2), “criminal proceedings” includes prospective criminal proceedings.

(4)    A local authority must also include on its public register any information which is included on the Agency's public register in respect of a regulated facility (other than mobile plant or a stand-alone water discharge activity or stand-alone groundwater activity)—

(a)    for which the Agency is the regulator; and

(b)    which is in the area of the authority.

(5)    But—

(a)    paragraph (4) does not apply to a port health authority; and

(b)    every local authority whose area adjoins that of a port health authority must comply with paragraph (4) as if the port health authority had not been constituted.

(6)    The Agency must provide the local authority with the information necessary to comply with paragraph (4).

(7)    The regulator must enter information on its public register as soon as reasonably practicable after it comes within the regulator's possession.

(8)    Where information of any description is excluded from any public register under regulation 48, a statement must be entered on the register indicating the existence of information of that description.

(9)    The regulator must—

(a)    make its public register available for public inspection at all reasonable times, free of charge; and

(b)    enable members of the public to obtain copies of entries on its public register on payment of a reasonable charge.

(10)    A public register may be kept in any form.

NOTES
Initial Commencement
Specified date

Specified date (immediately after the coming into force of the Environmental Permitting (England and Wales) (Amendment) (No 2) Regulations 2009, SI 2009/3381): 6 April 2010: see reg 1(1)(b).

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47 Exclusion from public registers of information affecting national security

47Exclusion from public registers of information affecting national security

(1)    The appropriate authority may direct the regulator that in the interests of national security specified information or information of a specified description must be excluded from a public register.

(2)    The regulator must notify the appropriate authority of any information (other than information relating to a radioactive substances activity) that it excludes from a public register pursuant to such a direction.

(3)    The appropriate authority may direct the regulator that in the interests of national security information of a specified description—

(a)    must be referred to the authority for its determination as to whether or not the information may be included on a public register; and

(b)    must not be included on a public register unless the appropriate authority determines that it may be included.

(4)    A person may give a notice to the appropriate authority stating that, in the person's opinion, the inclusion of information on a public register would be contrary to the interests of national security.

(5)    A notice under paragraph (4) must specify the information and indicate its apparent nature.

(6)    A person giving a notice under paragraph (4) must at the same time notify the regulator.

(7)    The regulator must not include information notified under paragraph (4) on a public register unless the appropriate authority determines that it may be included.

NOTES
Initial Commencement
Specified date

Specified date (immediately after the coming into force of the Environmental Permitting (England and Wales) (Amendment) (No 2) Regulations 2009, SI 2009/3381): 6 April 2010: see reg 1(1)(b).

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48 Exclusion from public registers of confidential information

48Exclusion from public registers of confidential information

(1)    The regulator must exclude information from a public register, unless a condition in paragraph (2) is met, if it—

(a)    considers that the information may be confidential information; or

(b)    receives notice from the information subject which—

(i)    states that the information subject considers the information is confidential information, and

(ii)    gives reasons for that view.

(2)    The conditions are that—

(a)    in relation to paragraph (1)(a), the regulator has given a notice under regulation 49(1) and the information subject has given notice of consent under regulation 49(2)(a);

(b)    in relation to paragraph (1)(a) or (b)—

(i)    a final confidentiality decision that the information should be included on the register has been made, or

(ii)    the appropriate authority has given a direction under regulation 56(1) which requires the information to be included on the register.

NOTES
Initial Commencement
Specified date

Specified date (immediately after the coming into force of the Environmental Permitting (England and Wales) (Amendment) (No 2) Regulations 2009, SI 2009/3381): 6 April 2010: see reg 1(1)(b).

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49 Procedure if the regulator considers that information may be confidential

49Procedure if the regulator considers that information may be confidential

(1)    If the regulator considers that information may be confidential information but has not received an objection notice, it must give notice of that view to the information subject.

(2)    The information subject may within 15 working days after the date of the notice given by the regulator under paragraph (1)—

(a)    give notice to the regulator consenting to the regulator including the information on the register; or

(b)    give an objection notice to the regulator.

NOTES
Initial Commencement
Specified date

Specified date (immediately after the coming into force of the Environmental Permitting (England and Wales) (Amendment) (No 2) Regulations 2009, SI 2009/3381): 6 April 2010: see reg 1(1)(b).

Trade Secrets, Know-how & Goodwill99 Intellectual Property Law99

50 Duty to determine confidentiality

50Duty to determine confidentiality

The regulator must determine whether information must be included on the public register, or excluded from the public register because it is confidential information, if—

(a)    having given notice under regulation 49(1), it does not receive notice of consent in accordance with regulation 49(2)(a); or

(b)    it receives an objection notice.

NOTES
Initial Commencement
Specified date

Specified date (immediately after the coming into force of the Environmental Permitting (England and Wales) (Amendment) (No 2) Regulations 2009, SI 2009/3381): 6 April 2010: see reg 1(1)(b).

Trade Secrets, Know-how & Goodwill99 Intellectual Property Law99

51 Determination of confidentiality

51Determination of confidentiality

(1)    When making a determination under regulation 50, the regulator must comply with this regulation.

(2)    In making the determination, the regulator must—

(a)    take any reasons given in an objection notice into account;

(b)    apply a presumption in favour of including the information on the public register; and

(c)    determine to exclude the information from the public register if it considers that—

(i)    the information is commercial or industrial information,

(ii)    its confidentiality is provided by law to protect a legitimate economic interest, and

(iii)    in all the circumstances, the public interest in maintaining the confidentiality of the information outweighs the public interest in including it on the register.

(3)    But, to the extent that information relates to emissions, the regulator must determine to include it on the public register.

(4)    Nothing in this regulation authorises the exclusion from the public register of information contained in or otherwise held with other information excluded from the register unless the information is not reasonably capable of being separated for the purposes of inclusion on the register.

NOTES
Initial Commencement
Specified date

Specified date (immediately after the coming into force of the Environmental Permitting (England and Wales) (Amendment) (No 2) Regulations 2009, SI 2009/3381): 6 April 2010: see reg 1(1)(b).

Trade Secrets, Know-how & Goodwill94 Intellectual Property Law94

52 Procedure following a determination

52Procedure following a determination

(1)    The regulator must give notice of its determination, the reasons for it and the details of the appeals procedure to the information subject within—

(a)    a period of 20 working days beginning with the date its duty under regulation 50 arises; or

(b)    such longer period as it agrees with the information subject.

(2)    If the regulator fails to give notice under paragraph (1) within the period required by that paragraph, the information subject may give notice to the regulator of that failure, and on such notice—

(a)    the regulator is deemed to have determined that the information must be included on the register; and

(b)    the deemed determination is subject to the right of appeal in regulation 53(1).

(3)    If the regulator determines that the information must be included on the public register, it must not include the information before the expiry of the period of 15 working days after—

(a)    it has given notice of the determination; or

(b)    a notice under paragraph (2) resulting in a deemed determination is given,

but must include it after the expiry of that period if notice of appeal has not been given.

NOTES
Initial Commencement
Specified date

Specified date (immediately after the coming into force of the Environmental Permitting (England and Wales) (Amendment) (No 2) Regulations 2009, SI 2009/3381): 6 April 2010: see reg 1(1)(b).

Trade Secrets, Know-how & Goodwill99 Intellectual Property Law99

53 Appeals in relation to confidentiality

53Appeals in relation to confidentiality

(1)    The information subject may give notice of appeal to the appropriate authority against a determination made under regulation 50 within 15 working days after the regulator has given notice of it.

(2)    A notice of appeal must—

(a)    be in writing;

(b)    include a statement of the grounds of appeal;

(c)    state whether the information subject wishes the appeal to be in the form of a hearing or to be disposed of through written representations; and

(d)    be copied to the regulator.

(3)    If the information subject gives notice of appeal, the regulator must not include the information on the public register before the appeal is decided.

(4)    The appropriate authority—

(a)    may give the information subject and the regulator an opportunity of appearing before and being heard by a person appointed by it; and

(b)    must do so in a case where the notice of appeal states that the information subject wishes the appeal to be in the form of a hearing.

(5)    A hearing under paragraph (4) of this regulation is subject to paragraphs 5(2) to 5(6) and 6 of Schedule 6 (except paragraph 5(3)(c)) as if it were a hearing under paragraph 5(1) of that Schedule, save that “the appellant” is to be read as “the information subject”.

NOTES
Initial Commencement
Specified date

Specified date (immediately after the coming into force of the Environmental Permitting (England and Wales) (Amendment) (No 2) Regulations 2009, SI 2009/3381): 6 April 2010: see reg 1(1)(b).

Trade Secrets, Know-how & Goodwill99 Intellectual Property Law99

54 Consequences of an appeal

54Consequences of an appeal

(1)    If the appropriate authority allows the appeal, the regulator must exclude the information from the public register.

(2)    If the appropriate authority rejects the appeal or the appeal is withdrawn, the regulator must include the information on the public register.

NOTES
Initial Commencement
Specified date

Specified date (immediately after the coming into force of the Environmental Permitting (England and Wales) (Amendment) (No 2) Regulations 2009, SI 2009/3381): 6 April 2010: see reg 1(1)(b).

55 Reconsideration of confidentiality

55Reconsideration of confidentiality

(1)    The regulator must cease to treat information as confidential information at the expiry of—

(a)    a period of 4 years after the final confidentiality decision; or

(b)    such shorter period as is specified in that decision.

(2)    But if the person to whom the information relates gives notice to the regulator before the expiry of that period that the person considers that the information remains confidential information—

(a)    regulation 48 applies in respect of the information and the regulator must treat the notice as an objection notice; and

(b)    regulations 50 to 54 apply notwithstanding any previous compliance with those regulations in relation to the information.

NOTES
Initial Commencement
Specified date

Specified date (immediately after the coming into force of the Environmental Permitting (England and Wales) (Amendment) (No 2) Regulations 2009, SI 2009/3381): 6 April 2010: see reg 1(1)(b).

Trade Secrets, Know-how & Goodwill99 Intellectual Property Law99

56 Directions of the appropriate authority in relation to confidentiality

56Directions of the appropriate authority in relation to confidentiality

(1)    The appropriate authority may direct the regulator that specified information, or information of a specified description, must be included on the public register even though it is confidential information.

(2)    The appropriate authority must not give a direction under paragraph (1) unless it considers that the public interest in including such information on the register outweighs the public interest in maintaining its confidentiality.

NOTES
Initial Commencement
Specified date

Specified date (immediately after the coming into force of the Environmental Permitting (England and Wales) (Amendment) (No 2) Regulations 2009, SI 2009/3381): 6 April 2010: see reg 1(1)(b).

Trade Secrets, Know-how & Goodwill99 Intellectual Property Law99

57 Power of the regulator to prevent or remedy pollution

Part6Powers and Functions of the Regulator and the Appropriate Authority 57Power of the regulator to prevent or remedy pollution

(1)    If the regulator considers that the operation of a regulated facility under an environmental permit involves a risk of serious pollution, it may arrange for steps to be taken to remove that risk.

(2)    The regulator may arrange for steps to be taken to remedy the effects of pollution if—

(a)    the commission of an offence under regulation 38(1), (2) or (3) causes pollution; or

(b)    the regulator suspects that an offence under that regulation is being or has been committed and that pollution is being or has been caused as a result.

(3)    If the regulator intends to arrange for steps to be taken under paragraph (2), it must notify the operator of the steps not less than 5 working days before they are taken.

(4)    If the regulator arranges for steps to be taken under this regulation, it may recover the cost of taking those steps from the operator.

(5)    But costs are not recoverable under paragraph (4)—

(a)    if the steps referred to in paragraph (1) are taken and the operator shows that there was no risk of serious pollution; or

(b)    to the extent that the operator shows that the costs were unnecessarily incurred by the regulator.

NOTES
Initial Commencement
Specified date

Specified date (immediately after the coming into force of the Environmental Permitting (England and Wales) (Amendment) (No 2) Regulations 2009, SI 2009/3381): 6 April 2010: see reg 1(1)(b).

58 Environment Agency: notices in relation to emissions to water

58Environment Agency: notices in relation to emissions to water

(1)    This regulation applies to Part A installations and Part A mobile plant for which a local authority is the regulator.

(2)    At any time the Agency may give notice to the local authority specifying the emission limit values or the conditions it considers appropriate for preventing or reducing emissions into water from the installation or mobile plant.

(3)    If such a notice is issued, the local authority must exercise its functions under these Regulations to ensure the environmental permit for the installation or mobile plant includes—

(a)    the emission limit values or conditions specified in the notice; or

(b)    such stricter limit values or more onerous conditions as the authority thinks fit.

(4)    In this regulation, “emission limit value” means the mass, expressed in terms of specific parameters, concentration or level of an emission, which must not be exceeded during a period of time.

NOTES
Initial Commencement
Specified date

Specified date (immediately after the coming into force of the Environmental Permitting (England and Wales) (Amendment) (No 2) Regulations 2009, SI 2009/3381): 6 April 2010: see reg 1(1)(b).

59 Environment Agency: public participation statement

59Environment Agency: public participation statement

(1)    The Agency must prepare and publish a statement of its policies for complying with its public participation duties.

(2)    In preparing or revising the statement the Agency must consult such persons as it considers are affected by, are likely to be affected by, or have an interest in, the statement.

(3)    The Agency must—

(a)    keep the statement under review;

(b)    revise the statement when it considers necessary; and

(c)    publish any revised statement.

(4)    The Agency must comply with any published statement when exercising its functions under the public participation provisions.

(5)    The duty in paragraph (2) may be satisfied by a consultation carried out partially or wholly before the coming into force of these Regulations.

(6)    In this regulation, “public participation duties” means the duties in the following provisions—

(a)    regulation 26;

(b)    regulation 29;

(c)    paragraphs 6 and 8(2) of Part 1 of Schedule 5.

NOTES
Initial Commencement
Specified date

Specified date (immediately after the coming into force of the Environmental Permitting (England and Wales) (Amendment) (No 2) Regulations 2009, SI 2009/3381): 6 April 2010: see reg 1(1)(b).

60 Power to require the provision of information

60Power to require the provision of information

(1)    For the purposes of discharging its functions under these Regulations, an appropriate authority, regulator or exemption registration authority, by notice served on any person, may require that person to provide such information in such form and within such period as is specified in the notice.

(2)    A notice under paragraph (1) may require a person to provide any information on emissions where that requirement is reasonable, including the provision of information—

(a)    not in the person's possession; and

(b)    which would not usually come into the person's possession.

(3)    For the purposes of this regulation the discharge by the appropriate authority of—

(a)    an obligation of the United Kingdom under the Community Treaties; or

(b)    an international obligation of the United Kingdom,

must be treated as a function of the authority under these Regulations.

(4)    For the purposes of this regulation the compilation of an inventory of emissions (whether or not from a regulated facility) must be treated as a function of the regulator under these Regulations.

NOTES
Initial Commencement
Specified date

Specified date (immediately after the coming into force of the Environmental Permitting (England and Wales) (Amendment) (No 2) Regulations 2009, SI 2009/3381): 6 April 2010: see reg 1(1)(b).

61 Directions to regulators and exemption registration authorities: general

61Directions to regulators and exemption registration authorities: general

(1)    An appropriate authority may give directions to a regulator or exemption registration authority of a general or specific character with respect to the carrying out of its functions under these Regulations.

(2)    Without prejudice to the generality of the power in paragraph (1), a direction may direct the regulator or exemption registration authority to exercise or not to exercise—

(a)    specified powers;

(b)    its powers in specified circumstances; or

(c)    its powers in a specified manner.

(3)    Except in an emergency, an appropriate authority may give a direction to the Agency under paragraph (1) only after consultation with the Agency.

(4)    The regulator or exemption registration authority must comply with a direction given to it under these Regulations.

NOTES
Initial Commencement
Specified date

Specified date (immediately after the coming into force of the Environmental Permitting (England and Wales) (Amendment) (No 2) Regulations 2009, SI 2009/3381): 6 April 2010: see reg 1(1)(b).

62 Reference of applications to an appropriate authority

62Reference of applications to an appropriate authority

(1)    An appropriate authority may give directions to a regulator requiring that a particular application or class of application be referred to it for determination.

(2)    The regulator must—

(a)    inform the applicant of the fact that the application is being referred to the appropriate authority; and

(b)    forward to the appropriate authority any representations made in respect of the application.

(3)    When an application is referred to an appropriate authority, the appropriate authority—

(a)    may afford the applicant and the regulator an opportunity of appearing before and being heard by a person appointed by the appropriate authority, and

(b)    must do so in any case where a request is duly made by the applicant or the regulator to be so heard.

(4)    A request under paragraph (3)(b) must be made in writing within 15 working days after the day on which the applicant is informed that the application is being referred to the appropriate authority.

(5)    A hearing under paragraph (3) is subject to paragraphs 5(2) to (6) and 6 of Schedule 6 (except paragraph 5(3)(c)) as if it were a hearing under paragraph 5(1) of that Schedule with the following modifications—

(a)    “the appellant” is to be read as “the applicant”;

(b)    “the appeal” is to be read as “the application”.

(6)    On determining an application referred to it under this regulation the appropriate authority must give to the regulator a direction as to whether the regulator is to grant the application and, if so, the conditions that are to be attached to the environmental permit.

(7)    In this regulation, “application” means an application—

(a)    for the grant of an environmental permit, or

(b)    for the variation of an environmental permit.

NOTES
Initial Commencement
Specified date

Specified date (immediately after the coming into force of the Environmental Permitting (England and Wales) (Amendment) (No 2) Regulations 2009, SI 2009/3381): 6 April 2010: see reg 1(1)(b).

63 Directions to the Agency: installations outside the United Kingdom

63Directions to the Agency: installations outside the United Kingdom

(1)    This regulation applies where an appropriate authority receives information pursuant to Article 18(1) of the IPPC Directive in relation to the operation of an installation outside the United Kingdom which is likely to have a significant negative effect on the environment of England or Wales.

(2)    For the purpose of complying with Article 18(2) of the IPPC Directive, the appropriate authority must direct the Agency to take such steps as it considers appropriate to—

(a)    bring the information to the attention of persons likely to be affected by the operation of the installation; and

(b)    provide them with an opportunity to comment on the information.

NOTES
Initial Commencement
Specified date

Specified date (immediately after the coming into force of the Environmental Permitting (England and Wales) (Amendment) (No 2) Regulations 2009, SI 2009/3381): 6 April 2010: see reg 1(1)(b).

64 Guidance to regulators and exemption registration authorities

64Guidance to regulators and exemption registration authorities

(1)    An appropriate authority may issue guidance to a regulator or exemption registration authority with respect to the exercise of its functions under these Regulations.

(2)    In the exercise of those functions the regulator or exemption registration authority must have regard to the guidance.

NOTES
Initial Commencement
Specified date

Specified date (immediately after the coming into force of the Environmental Permitting (England and Wales) (Amendment) (No 2) Regulations 2009, SI 2009/3381): 6 April 2010: see reg 1(1)(b).

65 Fees and charges in relation to the exercise of regulator's functions by local authorities

65Fees and charges in relation to the exercise of regulator's functions by local authorities

(1)    An appropriate authority may make, and from time to time revise, a scheme prescribing—

(a)    fees payable to a regulator in respect of applications—

(i)    for the grant of an environmental permit,

(ii)    for the variation of an environmental permit,

(iii)    for the transfer of an environmental permit in whole or in part,

(iv)    for the surrender of an environmental permit in whole or in part;

(b)    fees payable to a regulator in respect of a regulator-initiated variation; and

(c)    charges payable to a regulator in respect of the subsistence of an environmental permit.

(2)    A scheme may in particular—

(a)    prescribe specific fees and charges or the methods by which they are to be calculated;

(b)    make different provision for different cases, including different provision in relation to different persons, circumstances or localities;

(c)    subject to the requirements of these Regulations, provide for the time when, and the manner in which, payments required by the scheme are to be made; and

(d)    make such incidental, supplementary and transitional provision as appears necessary or expedient to the appropriate authority.

(3)    In making or revising a scheme, so far as practicable the appropriate authority must ensure that the fees and charges payable are sufficient to cover expenditure by a regulator—

(a)    in exercising its functions under these Regulations;

(b)    in making payment to any person who prepares guidance in relation to an installation or mobile plant that is—

(i)    mentioned in regulation 32(2), or

(ii)    specified in a direction under regulation 33;

(c)    in making payment to the Agency in relation to the exercise of the Agency's functions under regulation 58.

(4)    A scheme must provide for the payment of sums by the regulator to the Agency where those sums are related to expenditure by the Agency under regulation 58 or in preparing guidance referred to in paragraph (3)(b).

(5)    If a regulator considers that an operator has failed to pay a charge specified in a scheme in respect of the subsistence of the operator's permit, the regulator may revoke or suspend the permit.

(6)    A revocation or suspension must be by way of notice served under regulation 22(3) or regulation 37.

(7)    In this regulation, “regulator” means a local authority on which functions are conferred by regulation 32 or by a direction under regulation 33.

NOTES
Initial Commencement
Specified date

Specified date (immediately after the coming into force of the Environmental Permitting (England and Wales) (Amendment) (No 2) Regulations 2009, SI 2009/3381): 6 April 2010: see reg 1(1)(b).

66 Plans relating to emissions

66Plans relating to emissions

(1)    Subject to paragraph (3), an appropriate authority may make plans for—

(a)    the setting of limits on the total amount, or the total amount in any period, of emissions from all or any description of source; or

(b)    the allocation of quotas relating to such emissions.

(2)    If the appropriate authority allocates a quota in a plan made under paragraph (1) it may also make a scheme for the trading or other transfer of that quota.

(3)    This regulation does not apply to an emission plan.

(4)    In this regulation—

“emission” means the direct or indirect release of any substance from individual or diffuse sources into the air, water or land; and

“emission plan” has the meaning given in the Large Combustion Plants (National Emission Reduction Plan) Regulations 2007.

NOTES
Initial Commencement
Specified date

Specified date (immediately after the coming into force of the Environmental Permitting (England and Wales) (Amendment) (No 2) Regulations 2009, SI 2009/3381): 6 April 2010: see reg 1(1)(b).

Chapter 1 Interpretation

67 Interpretation of this Part

Part7Miscellaneous Provisions Chapter 1
Interpretation67Interpretation of this Part

In this Part—

“2007 transitional application” means a transitional application within the meaning of Part 7 of the 2007 Regulations;

“authorisation” means an authorisation under section 13 or 14 of the 1993 Act;

“closure and after-care obligations” means any environmental permit condition—

(a)    which implements Article 13 of the Landfill Directive, or

(b)    which is otherwise related to closure and after-care of a landfill site or to ensuring that it does not cause pollution;

“determination date”—

(a)    for an application mentioned in regulation 70 of the 2007 Regulations (other than an application to which regulation 71 of those Regulations applied), has the meaning given in paragraph (2) of that regulation,

(b)    for an application to which regulation 71 of those Regulations applied, has the meaning given in paragraph (4) of that regulation;

“discharge consent” means a consent under Chapter 2 of Part 3 of the 1991 Act;

“disposal licence” means a disposal licence issued under section 5 of the Control of Pollution Act 1974;

“existing” means in force at the relevant time;

“existing environmental permit” means an environmental permit under the 2007 Regulations in force at the relevant time;

“existing notice” means, for the purposes of Chapter 3, a notice in force at the relevant time served or given by the Agency under a former enactment in relation to—

(a)    an authorisation, registration, discharge consent or groundwater permit, or

(b)    the requirement for a discharge consent or groundwater permit;

“existing permit” means an existing authorisation, registration, discharge consent or groundwater permit;

“former enactment” means the 1991 Act, the 1993 Act or the 2009 Regulations;

“former PPC or waste legislation” means any provision of the following enactments repealed or revoked by the 2007 Regulations—

(a)    the 1990 Act,

(b)    the Waste Management Licensing Regulations 1994,

(c)    the PPC Regulations,

(d)    the Landfill (England and Wales) Regulations 2002;

“groundwater permit” means a permit under regulation 13 of the 2009 Regulations;

“licence” means a disposal licence or a waste management licence;

“outstanding appeal” means an appeal made, but not determined, by the relevant time;

“PPC permit” means a permit granted under regulation 10 of the PPC Regulations;

“the PPC Regulations” means the Pollution Prevention and Control (England and Wales) Regulations 2000;

“radioactive substances exemption order” means an order made, or having effect as if made, under section 8(6), 11(1) or 15(2) of the 1993 Act;

“registration” means a registration under section 7 or 10 of the 1993 Act;

“related activity” means any of the following activities relating to the operation of a landfill—

(a)    storage or treatment of leachate;

(b)    utilization or flaring of landfill gas;

“relevant time” means immediately before the coming into force of these Regulations;

“transfer notice” means any of the following notices given before the coming into force of these Regulations in respect of a transfer which, at the relevant time, had not taken effect—

(a)    a joint notice given under paragraph 11(6)(a) of Schedule 10 to the 1991 Act for the purpose of the transfer of a discharge consent,

(b)    a notice mentioned in paragraph (a) given for the purpose of the transfer of a groundwater permit;

“transitional application” means any of the following applications not determined by the relevant time—

(a)    an application for an authorisation or registration,

(b)    an application for the variation of an authorisation or registration,

(c)    an application under section 16A of the 1993 Act for the transfer of an authorisation,

(d)    an application under section 12 of the 1993 Act to cancel a registration,

(e)    an application under section 17 of the 1993 Act to revoke an authorisation,

(f)    an application for a discharge consent,

(g)    an application for the variation of a discharge consent,

(h)    an application for a groundwater permit; and

“waste management licence” means a licence granted under section 35 of the 1990 Act.

NOTES
Initial Commencement
Specified date

Specified date (immediately after the coming into force of the Environmental Permitting (England and Wales) (Amendment) (No 2) Regulations 2009, SI 2009/3381): 6 April 2010: see reg 1(1)(b).

Land Protection92 Environmental Law92

Chapter 2 Further ProvisionWaste and Extractive Waste

68 Further provision in relation to waste and extractive waste

Chapter 2
Further Provision—Waste and Extractive Waste68Further provision in relation to waste and extractive waste

(1)    Schedule 25 (waste and extractive waste) has effect.

(2)    Section 33(1)(a) of the 1990 Act (prohibition on unauthorised deposit of waste)—

(a)    does not apply to an operation which—

(i)    falls within a description in Part 3 of Schedule 25, and

(ii)    meets the conditions specified in that Part for an operation of that description; and

(b)    does not apply to extractive waste at any time before the requirement for an environmental permit under regulation 12 applies in respect of the deposit of that waste.

NOTES
Initial Commencement
Specified date

Specified date (immediately after the coming into force of the Environmental Permitting (England and Wales) (Amendment) (No 2) Regulations 2009, SI 2009/3381): 6 April 2010: see reg 1(1)(b).

Chapter 3 Transitional ProvisionsFormer Enactments

69 Existing permits

Chapter 3
Transitional Provisions—Former Enactments69Existing permits

On the coming into force of these Regulations an existing permit—

(a)    becomes an environmental permit authorising the operation of a regulated facility under these Regulations; and

(b)    has effect subject to any conditions that applied to it at the relevant time.

NOTES
Initial Commencement
Specified date

Specified date (immediately after the coming into force of the Environmental Permitting (England and Wales) (Amendment) (No 2) Regulations 2009, SI 2009/3381): 6 April 2010: see reg 1(1)(b).

70 Site plans not required for existing permits

70Site plans not required for existing permits

Regulation 14(4) does not apply in relation to a regulated facility—

(a)    authorised by an environmental permit by virtue of regulation 69(a); or

(b)    authorised by an environmental permit granted on the determination of—

(i)    a transitional application, or

(ii)    an outstanding appeal.

NOTES
Initial Commencement
Specified date

Specified date (immediately after the coming into force of the Environmental Permitting (England and Wales) (Amendment) (No 2) Regulations 2009, SI 2009/3381): 6 April 2010: see reg 1(1)(b).

71 Review of existing groundwater permits

71Review of existing groundwater permits

(1)    Any environmental permit that, at the relevant time, was a permit within the meaning of the 2009 Regulations and was granted before the coming into force of those Regulations must be reviewed before 22nd December 2012.

(2)    The regulator must on review assess compliance with the conditions of the permit.

(3)    If the operator fails to comply with any condition of the permit, the regulator must take appropriate steps to ensure compliance.

NOTES
Initial Commencement
Specified date

Specified date (immediately after the coming into force of the Environmental Permitting (England and Wales) (Amendment) (No 2) Regulations 2009, SI 2009/3381): 6 April 2010: see reg 1(1)(b).

72 Radioactive substances exemption orders

72Radioactive substances exemption orders

On the coming into force of these Regulations, the following become exemptions from the requirement for an environmental permit—

(a)    an exemption from registration under an existing radioactive substances exemption order;

(b)    an exclusion from the requirement for an authorisation under an existing radioactive substances exemption order.

NOTES
Initial Commencement
Specified date

Specified date (immediately after the coming into force of the Environmental Permitting (England and Wales) (Amendment) (No 2) Regulations 2009, SI 2009/3381): 6 April 2010: see reg 1(1)(b).

73 Exempt water discharge activities

73Exempt water discharge activities

(1)    In this regulation, “small sewage effluent water discharge activity” means the discharge from a sewage treatment plant of 5 cubic metres per day or less of sewage effluent into inland freshwaters, coastal waters or relevant territorial waters.

(2)    On the coming into force of these Regulations, a small sewage effluent water discharge activity authorised by an existing permit is taken to be an exempt facility.

NOTES
Initial Commencement
Specified date

Specified date (immediately after the coming into force of the Environmental Permitting (England and Wales) (Amendment) (No 2) Regulations 2009, SI 2009/3381): 6 April 2010: see reg 1(1)(b).

74 Exempt groundwater activities

74Exempt groundwater activities

(1)    In this regulation, “small sewage effluent groundwater activity” means the discharge from a septic tank or sewage treatment plant of 2 cubic metres per day or less of sewage effluent that results in the input of pollutants to groundwater.

(2)    On the coming into force of these Regulations, a small sewage effluent groundwater activity authorised by an existing permit is taken to be an exempt facility.

(3)    From the coming into force of these Regulations until 1st January 2012, a person carrying on a groundwater activity taken to be an exempt facility under paragraph (2) does not require an environmental permit unless a notice is served on that person under paragraph 10 of Schedule 22 and has taken effect.

(4)    From the coming into force of these Regulations until 1st January 2012, a small sewage effluent groundwater activity that, at the relevant time, was not authorised by an existing permit does not need to be authorised by an environmental permit or registered as an exempt facility unless—

(a)    a notice was served under the 2009 Regulations prohibiting the carrying on of the activity and that notice continues in effect under these Regulations; or

(b)    a notice under paragraph 10 of Schedule 22 is served on the person carrying on the activity and the notice has taken effect.

(5)    A small sewage effluent groundwater activity that is begun after the coming into force of these Regulations does not need to be authorised by an environmental permit or registered as an exempt facility until 1st January 2012 unless a notice under paragraph 10 of Schedule 22 is served on the person carrying on the activity and the notice has taken effect.

(6)    On and after 1st January 2012, a person must not carry on a small sewage effluent groundwater activity unless it is—

(a)    authorised by an environmental permit; or

(b)    registered as an exempt facility.

NOTES
Initial Commencement
Specified date

Specified date (immediately after the coming into force of the Environmental Permitting (England and Wales) (Amendment) (No 2) Regulations 2009, SI 2009/3381): 6 April 2010: see reg 1(1)(b).

75 Transitional applications

75Transitional applications

(1)    On the coming into force of these Regulations, a transitional application is taken to be an application for the grant, variation, transfer or surrender of an environmental permit.

(2)    The application is taken to be made on the date the transitional application was made.

(3)    Anything done under a former enactment in relation to a transitional application before the coming into force of these Regulations is taken to be done under these Regulations.

(4)    The public participation provisions apply to a transitional application under a former enactment unless—

(a)    the transitional application relates to a radioactive substances activity; or

(b)    under the former enactment there was no requirement for public participation in the application process.

NOTES
Initial Commencement
Specified date

Specified date (immediately after the coming into force of the Environmental Permitting (England and Wales) (Amendment) (No 2) Regulations 2009, SI 2009/3381): 6 April 2010: see reg 1(1)(b).

76 Transfer notices under former enactments

76Transfer notices under former enactments

(1)    On the coming into force of these Regulations, a transfer notice is taken to be a joint notification under regulation 21(4).

(2)    The joint notification is taken to be made on the date the transfer notice was made.

(3)    Anything done under a former enactment in relation to a transfer notice before the coming into force of these Regulations is taken to be done under these Regulations.

NOTES
Initial Commencement
Specified date

Specified date (immediately after the coming into force of the Environmental Permitting (England and Wales) (Amendment) (No 2) Regulations 2009, SI 2009/3381): 6 April 2010: see reg 1(1)(b).

77 Existing notices under former enactments

77Existing notices under former enactments

On the coming into force of these Regulations—

(a)    an existing notice given under section 86(1)(b) of the 1991 Act in relation to a discharge from a highway drain or a discharge into the waters of any lake or pond which are not inland freshwaters becomes an environmental permit and has effect subject to any conditions that applied to it at the relevant time;

(b)    any requirements imposed under an existing notice served under section 20 of the 1993 Act in relation to an existing authorisation or registration which becomes an environmental permit by virtue of regulation 69(a) are taken to be conditions of the environmental permit;

(c)    an existing notice served under section 90B of the 1991 Act or section 21 of the 1993 Act is taken to be an enforcement notice served under these Regulations;

(d)    an existing notice served under section 22 of the 1993 Act is taken to be a suspension notice served under these Regulations;

(e)    an existing notice served under regulation 18 of the 2009 Regulations prohibiting a course of action is taken to be a prohibition notice served under these Regulations; and

(f)    each of the following existing notices is taken to be a revocation notice served under these Regulations—

(i)    an existing notice served under paragraph 7(2)(a) of Schedule 10 to the 1991 Act (discharge consents),

(ii)    an existing notice served under regulation 16(5) of the 2009 Regulations (groundwater permits),

(iii)    an existing notice given under section 12(2)(a) of the 1993 Act (registrations) in relation to the cancellation of a registration,

(iv)    an existing notice given under section 17(3)(a) of the 1993 Act (authorisations) in relation to the revocation of an authorisation.

NOTES
Initial Commencement
Specified date

Specified date (immediately after the coming into force of the Environmental Permitting (England and Wales) (Amendment) (No 2) Regulations 2009, SI 2009/3381): 6 April 2010: see reg 1(1)(b).

78 Outstanding appeals against existing notices

78Outstanding appeals against existing notices

(1)    Any outstanding appeal made under a former enactment against an existing notice is taken to be made under these Regulations.

(2)    A notice of appeal under Schedule 6 is taken to be given on the date the outstanding appeal was made under the former enactment.

(3)    Anything done under the former enactment in relation to the outstanding appeal is taken to be done under these Regulations.

(4)    The time limits in Schedule 6 for doing anything in relation to an appeal apply in relation to the outstanding appeal unless, in any case, a longer time limit applied under the former enactment, in which case that time limit applies.

NOTES
Initial Commencement
Specified date

Specified date (immediately after the coming into force of the Environmental Permitting (England and Wales) (Amendment) (No 2) Regulations 2009, SI 2009/3381): 6 April 2010: see reg 1(1)(b).

79 Appeals under these Regulations against existing notices

79Appeals under these Regulations against existing notices

(1)    An appeal may be made under these Regulations against an existing notice if, by the relevant time, the time for making an appeal under the former enactment had not expired.

(2)    If an appeal is made under these Regulations against an existing notice, the applicable time limit for giving notice of appeal runs from the date the existing notice was served under the former enactment.

(3)    In this regulation, the applicable time limit is—

(a)    the time limit in paragraph 3 of Schedule 6; or

(b)    if a longer time limit applied under the former enactment, that time limit.

NOTES
Initial Commencement
Specified date

Specified date (immediately after the coming into force of the Environmental Permitting (England and Wales) (Amendment) (No 2) Regulations 2009, SI 2009/3381): 6 April 2010: see reg 1(1)(b).

80 Decisions under former enactments

80Decisions under former enactments

A decision by a regulator or appropriate authority under a former enactment is taken to be made under these Regulations.

NOTES
Initial Commencement
Specified date

Specified date (immediately after the coming into force of the Environmental Permitting (England and Wales) (Amendment) (No 2) Regulations 2009, SI 2009/3381): 6 April 2010: see reg 1(1)(b).

81 Outstanding appeals against decisions under former enactments

81Outstanding appeals against decisions under former enactments

(1)    Any outstanding appeal made under a former enactment against a decision under that enactment is taken to be made under these Regulations.

(2)    A notice of appeal under Schedule 6 is taken to be given on the date the outstanding appeal was made under the former enactment.

(3)    Anything done under the former enactment in relation to the outstanding appeal is taken to be done under these Regulations.

(4)    The time limits in Schedule 6 for doing anything in relation to an appeal apply in relation to the outstanding appeal unless, in any case, a longer time limit applied under the former enactment, in which case that time limit applies.

NOTES
Initial Commencement
Specified date

Specified date (immediately after the coming into force of the Environmental Permitting (England and Wales) (Amendment) (No 2) Regulations 2009, SI 2009/3381): 6 April 2010: see reg 1(1)(b).

82 Appeals under these Regulations against decisions under former enactments

82Appeals under these Regulations against decisions under former enactments

(1)    An appeal may be made under these Regulations against a decision under a former enactment if, by the relevant time, the time for making an appeal under the former enactment had not expired.

(2)    If an appeal is made under these Regulations against a decision made under a former enactment, the applicable time limit for giving notice of appeal runs from the date the decision under the former enactment was made.

(3)    In this regulation, the applicable time limit is—

(a)    the time limit in paragraph 3 of Schedule 6; or

(b)    if a longer time limit applied under the former enactment, that time limit.

NOTES
Initial Commencement
Specified date

Specified date (immediately after the coming into force of the Environmental Permitting (England and Wales) (Amendment) (No 2) Regulations 2009, SI 2009/3381): 6 April 2010: see reg 1(1)(b).

83 Existing directions under former enactments

83Existing directions under former enactments

On the coming into force of these Regulations—

(a)    an existing direction given to the Agency by the Secretary of State under section 23(1) of the 1993 Act is taken to be given under regulation 61; and

(b)    an existing direction given to the Agency by the Secretary of State under section 24(1) of the 1993 Act is taken to be given under regulation 62.

NOTES
Initial Commencement
Specified date

Specified date (immediately after the coming into force of the Environmental Permitting (England and Wales) (Amendment) (No 2) Regulations 2009, SI 2009/3381): 6 April 2010: see reg 1(1)(b).

84 Public registers under former enactments

84Public registers under former enactments

(1)    On the coming into force of these Regulations, the following information is taken to be information contained on a public register under these Regulations—

(a)    any information that, at the relevant time—

(i)    was kept under section 39 of the 1993 Act, and

(ii)    was publicly available;

(b)    any information in relation to discharge consents or groundwater permits that, at the relevant time, was kept under section 190 of the 1991 Act.

(2)    The following decisions are taken to be final confidentiality decisions for the purposes of Part 5—

(a)    a decision by the Agency under section 191B of the 1991 Act that information is commercially confidential in relation to any person;

(b)    a decision by the Agency under section 39(1) of the 1993 Act not to disclose information relating to any relevant process or trade secret.

(3)    For the purposes of regulation 55, a final confidentiality decision by virtue of paragraph (2) is taken to be made on the coming into force of these Regulations.

(4)    The following directions are taken to be given under regulation 47(1)—

(a)    a direction given under section 191A of the 1991 Act;

(b)    a direction given under section 25 of the 1993 Act.

(5)    A notification by the Agency under section 191A(3) of the 1991 Act is taken to be a notification under regulation 47(2).

NOTES
Initial Commencement
Specified date

Specified date (immediately after the coming into force of the Environmental Permitting (England and Wales) (Amendment) (No 2) Regulations 2009, SI 2009/3381): 6 April 2010: see reg 1(1)(b).

Trade Secrets, Know-how & Goodwill99 Intellectual Property Law99

85 Recovery of expenses for disposal of radioactive waste

85Recovery of expenses for disposal of radioactive waste

(1)    If, before the coming into force of these Regulations, the regulator disposed of radioactive waste in the exercise of its powers under section 30 of the 1993 Act but did not recover all expenses reasonably incurred by it under that section, the regulator may recover expenses under paragraph 4(2) of Part 3 of Schedule 23 to these Regulations.

(2)    If, before the coming into force of these Regulations, the regulator disposed of radioactive waste in the exercise of its powers under section 30A of the 1993 Act but did not recover all expenses reasonably incurred by it under that section, the regulator may recover expenses under paragraph 8(2) of Part 4 of Schedule 23 to these Regulations.

NOTES
Initial Commencement
Specified date

Specified date (immediately after the coming into force of the Environmental Permitting (England and Wales) (Amendment) (No 2) Regulations 2009, SI 2009/3381): 6 April 2010: see reg 1(1)(b).

Atomic Energy & Radioactive Substances99 Natural Resources, Energy & Utilities Law99

Chapter 4 Transitional ProvisionsThe 2007 Regulations and Former PPC or Waste Legislation

86 Existing environmental permits

Chapter 4
Transitional Provisions—The 2007 Regulations and Former PPC or Waste Legislation86Existing environmental permits

On the coming into force of these Regulations, an existing environmental permit—

(a)    becomes an environmental permit authorising the operation of a regulated facility under these Regulations; and

(b)    has effect subject to any conditions that applied to it at the relevant time.

NOTES
Initial Commencement
Specified date

Specified date (immediately after the coming into force of the Environmental Permitting (England and Wales) (Amendment) (No 2) Regulations 2009, SI 2009/3381): 6 April 2010: see reg 1(1)(b).

Land Protection93 Environmental Law93

87 Applications under the 2007 Regulations

87Applications under the 2007 Regulations

(1)    If an application for the grant, variation, transfer or surrender of an environmental permit under the 2007 Regulations was not determined by the relevant time, the application is taken to be made under these Regulations.

(2)    The application is taken to be made on the date the application was made under the 2007 Regulations.

(3)    Anything done under the 2007 Regulations in relation to the application before the coming into force of these Regulations is taken to be done under these Regulations.

NOTES
Initial Commencement
Specified date

Specified date (immediately after the coming into force of the Environmental Permitting (England and Wales) (Amendment) (No 2) Regulations 2009, SI 2009/3381): 6 April 2010: see reg 1(1)(b).

Land Protection93 Environmental Law93

88 Applications for grant of PPC permit or waste management licence

88Applications for grant of PPC permit or waste management licence

(1)    If the determination date for an application mentioned in regulation 70(1)(a) or (b) of the 2007 Regulations was not reached by the relevant time, the application is taken to be an application for the grant of an environmental permit.

(2)    The application is taken to be made on the date the application was made under former PPC or waste legislation.

(3)    Anything done under former PPC or waste legislation in relation to the application before the coming into force of these Regulations is taken to be done under these Regulations.

NOTES
Initial Commencement
Specified date

Specified date (immediately after the coming into force of the Environmental Permitting (England and Wales) (Amendment) (No 2) Regulations 2009, SI 2009/3381): 6 April 2010: see reg 1(1)(b).

Land Protection92 Environmental Law92

892007 transitional applications for grant of PPC permit, other than in relation to landfill

892007 transitional applications for grant of PPC permit, other than in relation to landfill

(1)    This regulation applies where, by the relevant time—

(a)    an existing licence, other than a licence the whole or part of which authorises the operation of a landfill and the carrying on of any related activity, was the subject of an application to which regulation 71 of the 2007 Regulations applied; and

(b)    the determination date had not been reached.

(2)    On the coming into force of these Regulations—

(a)    the application is taken to be an application for the grant of an environmental permit; and

(b)    pending determination of the application, the licence has effect—

(i)    as if it were an environmental permit, and

(ii)    subject to any conditions that applied to it at the relevant time.

(3)    If on the determination of the application an environmental permit is granted, the licence—

(a)    becomes an environmental permit; and

(b)    has effect subject to any conditions imposed on it under these Regulations.

(4)    If the application is withdrawn, or on the determination of the application an environmental permit is not granted, the licence no longer has effect.

NOTES
Initial Commencement
Specified date

Specified date (immediately after the coming into force of the Environmental Permitting (England and Wales) (Amendment) (No 2) Regulations 2009, SI 2009/3381): 6 April 2010: see reg 1(1)(b).

Land Protection92 Environmental Law92

902007 transitional applications for grant of PPC permit in relation to landfill

902007 transitional applications for grant of PPC permit in relation to landfill

(1)    This regulation applies where, by the relevant time—

(a)    an existing licence the whole or part of which authorises the operation of a landfill and the carrying on of any related activity was the subject of an application to which regulation 71 of the 2007 Regulations applied; and

(b)    the determination date had not been reached.

(2)    On the coming into force of these Regulations—

(a)    the application is taken to be an application for the grant of an environmental permit; and

(b)    pending determination of the application, the licence (or that part of the licence relating to the landfill and any related activity) has effect—

(i)    as if it were an environmental permit, and

(ii)    subject to any conditions that applied to it at the relevant time.

(3)    If on the determination of the application an environmental permit is granted, the licence—

(a)    becomes an environmental permit authorising the operation of the landfill and the carrying on of any related activity; and

(b)    has effect subject to any conditions imposed on it under these Regulations.

(4)    If the application is withdrawn, or on the determination of the application an environmental permit is not granted, the licence (or that part of the licence relating to the landfill and any related activity)—

(a)    becomes an environmental permit authorising the carrying on of any related activity; and

(b)    has effect subject to closure and after-care obligations.

NOTES
Initial Commencement
Specified date

Specified date (immediately after the coming into force of the Environmental Permitting (England and Wales) (Amendment) (No 2) Regulations 2009, SI 2009/3381): 6 April 2010: see reg 1(1)(b).

Land Protection93 Environmental Law93 Environment & Property95 Waste95 Real Property Law95

912007 transitional applications for grant of PPC permit in relation to landfill: applications determined under the 2007 Regulations

912007 transitional applications for grant of PPC permit in relation to landfill: applications determined under the 2007 Regulations

(1)    This regulation applies where—

(a)    an existing licence (or any part of an existing licence) authorising the operation of a landfill and the carrying on of any related activity was the subject of an application to which regulation 71 of the 2007 Regulations applied;

(b)    the application was determined under those Regulations; and

(c)    on the determination date, the licence did not become an environmental permit under those Regulations.

(2)    On the coming into force of these Regulations, the licence (or that part of the licence relating to the landfill and any related activity)—

(a)    becomes an environmental permit authorising the carrying on of any related activity; and

(b)    has effect subject to closure and after-care obligations.

NOTES
Initial Commencement
Specified date

Specified date (immediately after the coming into force of the Environmental Permitting (England and Wales) (Amendment) (No 2) Regulations 2009, SI 2009/3381): 6 April 2010: see reg 1(1)(b).

Land Protection93 Environmental Law93 Environment & Property95 Waste95 Real Property Law95

922007 transitional applications not relating to grant of PPC permit

922007 transitional applications not relating to grant of PPC permit

(1)    If a PPC permit or waste management licence was the subject of a 2007 transitional application for variation, transfer or surrender and by the relevant time the determination date had not been reached—

(a)    on the coming into force of these Regulations, the permit or licence—

(i)    becomes an environmental permit, and

(ii)    has effect subject to any conditions that applied to it at the relevant time; and

(b)    the application is taken to be an application for the variation, transfer or surrender of an environmental permit under these Regulations.

(2)    If a waste management licence was the subject of a 2007 transitional application for modification and by the relevant time the determination date had not been reached—

(a)    on the coming into force of these Regulations, the licence—

(i)    becomes an environmental permit, and

(ii)    has effect subject to any conditions that applied to it at the relevant time; and

(b)    the application is taken to be an application for the variation of an environmental permit under these Regulations.

(3)    The application is taken to be made on the date the 2007 transitional application was made.

(4)    Anything done before the coming into force of these Regulations under the 2007 Regulations or former PPC or waste legislation in relation to a 2007 transitional application is taken to be done under these Regulations.

NOTES
Initial Commencement
Specified date

Specified date (immediately after the coming into force of the Environmental Permitting (England and Wales) (Amendment) (No 2) Regulations 2009, SI 2009/3381): 6 April 2010: see reg 1(1)(b).

Land Protection93 Environmental Law93

93 Notifications of surrender

93Notifications of surrender

On the coming into force of these Regulations, a notification that was given under regulation 24(2) of the 2007 Regulations that had not taken effect by the relevant time is taken to be a notification under regulation 24(2).

NOTES
Initial Commencement
Specified date

Specified date (immediately after the coming into force of the Environmental Permitting (England and Wales) (Amendment) (No 2) Regulations 2009, SI 2009/3381): 6 April 2010: see reg 1(1)(b).

Land Protection93 Environmental Law93

94 Existing notices under the 2007 Regulations or former PPC or waste legislation

94Existing notices under the 2007 Regulations or former PPC or waste legislation

On the coming into force of these Regulations—

(a)    the following are taken to be enforcement notices—

(i)    an existing enforcement notice served under the 2007 Regulations,

(ii)    an existing notice served under regulation 24 of the PPC Regulations,

(iii)    an existing notice served under section 42(5) of the 1990 Act;

(b)    the following are taken to be suspension notices—

(i)    an existing suspension notice served under the 2007 Regulations,

(ii)    an existing notice served under regulation 25 of the PPC Regulations,

(iii)    an existing notice served under section 38(6) of the 1990 Act;

(c)    the following are taken to be revocation notices—

(i)    an existing revocation notice served under the 2007 Regulations,

(ii)    an existing notice served under regulation 21 of the PPC Regulations,

(iii)    an existing notice served under section 38(3) or (4) of the 1990 Act;

(d)    an existing closure notice served under regulation 16 of the Landfill (England and Wales) Regulations 2002 is taken to be a landfill closure notice.

NOTES
Initial Commencement
Specified date

Specified date (immediately after the coming into force of the Environmental Permitting (England and Wales) (Amendment) (No 2) Regulations 2009, SI 2009/3381): 6 April 2010: see reg 1(1)(b).

Land Protection92 Environmental Law92 Environment & Property94 Waste94 Real Property Law94

95 Outstanding appeals against existing notices

95Outstanding appeals against existing notices

(1)    Any outstanding appeal made under the 2007 Regulations or former PPC or waste legislation against an existing notice mentioned in regulation 94 is taken to be made under these Regulations.

(2)    A notice of appeal under Schedule 6 is taken to be given on the date the outstanding appeal was made under the 2007 Regulations or former PPC or waste legislation.

(3)    Anything done under the 2007 Regulations or former PPC or waste legislation in relation to the outstanding appeal is taken to be done under these Regulations.

(4)    The time limits in Schedule 6 for doing anything in relation to an appeal apply in relation to the outstanding appeal unless, in any case, a longer time limit applied under the 2007 Regulations or former PPC or waste legislation, in which case that time limit applies.

NOTES
Initial Commencement
Specified date

Specified date (immediately after the coming into force of the Environmental Permitting (England and Wales) (Amendment) (No 2) Regulations 2009, SI 2009/3381): 6 April 2010: see reg 1(1)(b).

96 Appeals under these Regulations against existing notices

96Appeals under these Regulations against existing notices

(1)    An appeal may be made under these Regulations against an existing notice mentioned in regulation 94 if, by the relevant time, the time for making an appeal under the 2007 Regulations or former PPC or waste legislation had not expired.

(2)    If an appeal is made under these Regulations against an existing notice, the applicable time limit for giving notice of appeal runs from the date the existing notice was served under the 2007 Regulations or former PPC or waste legislation.

(3)    In this regulation, the applicable time limit is—

(a)    the time limit in paragraph 3 of Schedule 6; or

(b)    if a longer time limit applied under the 2007 Regulations or former PPC or waste legislation, that time limit.

NOTES
Initial Commencement
Specified date

Specified date (immediately after the coming into force of the Environmental Permitting (England and Wales) (Amendment) (No 2) Regulations 2009, SI 2009/3381): 6 April 2010: see reg 1(1)(b).

97 Decisions under the 2007 Regulations or former PPC or waste legislation

97Decisions under the 2007 Regulations or former PPC or waste legislation

The following decisions are taken to be made under these Regulations—

(a)    a decision by a regulator or appropriate authority under the 2007 Regulations;

(b)    a decision by a regulator or appropriate authority under former PPC or waste legislation.

NOTES
Initial Commencement
Specified date

Specified date (immediately after the coming into force of the Environmental Permitting (England and Wales) (Amendment) (No 2) Regulations 2009, SI 2009/3381): 6 April 2010: see reg 1(1)(b).

98 Outstanding appeals against decisions under the 2007 Regulations or former PPC or waste legislation

98Outstanding appeals against decisions under the 2007 Regulations or former PPC or waste legislation

(1)    Any outstanding appeal made under the 2007 Regulations or former PPC or waste legislation against a decision mentioned in regulation 97 is taken to be made under these Regulations.

(2)    A notice of appeal under Schedule 6 is taken to be given on the date the outstanding appeal was made under the 2007 Regulations or former PPC or waste legislation.

(3)    Anything done under the 2007 Regulations or former PPC or waste legislation in relation to the outstanding appeal is taken to be done under these Regulations.

(4)    The time limits in Schedule 6 for doing anything in relation to an appeal apply in relation to the outstanding appeal unless, in any case, a longer time limit applied under the 2007 Regulations or former PPC or waste legislation, in which case that time limit applies.

NOTES
Initial Commencement
Specified date

Specified date (immediately after the coming into force of the Environmental Permitting (England and Wales) (Amendment) (No 2) Regulations 2009, SI 2009/3381): 6 April 2010: see reg 1(1)(b).

99 Appeals under these Regulations against decisions under the 2007 Regulations or former PPC or waste legislation

99Appeals under these Regulations against decisions under the 2007 Regulations or former PPC or waste legislation

(1)    An appeal may be made under these Regulations against a decision mentioned in regulation 97 if, by the relevant time, the time for making an appeal under the 2007 Regulations or former PPC or waste legislation had not expired.

(2)    If an appeal is made under these Regulations against a decision mentioned in regulation 97, the applicable time limit for giving notice of appeal runs from the date the decision was made under the 2007 Regulations or former PPC or waste legislation.

(3)    In this regulation, the applicable time limit is—

(a)    the time limit in paragraph 3 of Schedule 6; or

(b)    if a longer time limit applied under the 2007 Regulations or former PPC or waste legislation, that time limit.

NOTES
Initial Commencement
Specified date

Specified date (immediately after the coming into force of the Environmental Permitting (England and Wales) (Amendment) (No 2) Regulations 2009, SI 2009/3381): 6 April 2010: see reg 1(1)(b).

100 Other existing notices and instruments

100Other existing notices and instruments

(1)    On the coming into force of these Regulations—

(a)    an existing notice served under regulation 26(3) of the PPC Regulations is taken to be served under regulation 57(3);

(b)    an existing notice served under regulation 28(1) of the PPC Regulations is taken to be a notice served under regulation 60(1); and

(c)    any existing instrument served or given under the 2007 Regulations and not otherwise provided for in this Chapter is taken to be served or given under these Regulations.

(2)    An existing notice or existing instrument remains in force—

(a)    for the period (if any) specified in it; or

(b)    until it is withdrawn, revoked or expires under these Regulations.

(3)    In this regulation, “instrument” has the meaning given in regulation 10 of the 2007 Regulations.

NOTES
Initial Commencement
Specified date

Specified date (immediately after the coming into force of the Environmental Permitting (England and Wales) (Amendment) (No 2) Regulations 2009, SI 2009/3381): 6 April 2010: see reg 1(1)(b).

101 Existing directions under the 2007 Regulations

101Existing directions under the 2007 Regulations

(1)    On the coming into force of these Regulations, any existing direction given to a regulator by the appropriate authority under any of the following provisions of the 2007 Regulations is taken to be given under the equivalent provision in these Regulations—

(a)    regulation 31(7);

(b)    regulation 33(1);

(c)    regulation 47(1) or (3);

(d)    regulation 56(1);

(e)    regulation 61;

(f)    regulation 62(1) or (6);

(g)    regulation 63(2).

(2)    Any information excluded from a public register pursuant to an existing direction given under regulation 47(1) of the 2007 Regulations is taken to be notified under regulation 47(2) of these Regulations.

NOTES
Initial Commencement
Specified date

Specified date (immediately after the coming into force of the Environmental Permitting (England and Wales) (Amendment) (No 2) Regulations 2009, SI 2009/3381): 6 April 2010: see reg 1(1)(b).

102 Public registers

102Public registers

(1)    Any information that, at the relevant time, was contained in a public register maintained by a regulator under the 2007 Regulations, or was deemed to be information kept on that register, is taken to be information contained in the public register maintained by the regulator under these Regulations.

(2)    Any information that, at the relevant time, was within a regulator's possession for the purposes of regulation 46 of the 2007 Regulations but was not entered on a public register under those Regulations is taken to be in the regulator's possession for the purposes of these Regulations and must be entered on the register as soon as reasonably practicable.

NOTES
Initial Commencement
Specified date

Specified date (immediately after the coming into force of the Environmental Permitting (England and Wales) (Amendment) (No 2) Regulations 2009, SI 2009/3381): 6 April 2010: see reg 1(1)(b).

103 Existing exempt waste operations

103Existing exempt waste operations

(1)    This regulation applies to any establishment or undertaking which was carrying on an exempt waste operation under the 2007 Regulations as in force on 5th April 2010.

(2)    The establishment or undertaking is taken to carry on an exempt waste operation under these Regulations until—

(a)    the date mentioned in paragraph (3); or

(b)    if before that date the waste operation ceases to be an exempt waste operation within the meaning of the 2007 Regulations as in force on 5th April 2010, the date on which it ceases to be such.

(3)    The date mentioned in this paragraph is—

(a)    if an application for the grant or variation of an environmental permit is made in relation to the waste operation on or before the date shown in the table set out below for the operation (“the indicated date”)—

(i)    if the application is granted, the date of the grant,

(ii)    if the application is refused, and the applicant appeals against the refusal, the date the appeal is determined or withdrawn, or

(iii)    if the application is refused, and the applicant does not appeal against the refusal, the day after the last day on which an appeal could have been brought under these Regulations;

(b)    if the establishment or undertaking seeks to be registered in relation to the waste operation on or before the indicated date, the date of registration; or

(c)    otherwise, the indicated date.

Waste operationDate
A waste operation described in paragraph 9, 10, 12 or 19 of Part 1 of previous Schedule 3 that does not involve the disposal or recovery of agricultural waste on agricultural land1st October 2011
A waste operation described in paragraph 13 or 21 of Part 1 of previous Schedule 3 that does not involve the disposal or recovery of agricultural waste on agricultural land6th April 2012
A waste operation described in paragraph 7 of Part 1 of previous Schedule 3 that does not involve the disposal or recovery of agricultural waste on agricultural land1st October 2012
A waste operation described in paragraph 4 to 6, 11, 14, 15, 17, 18, 20, 22, 23, 25, 29 to 32, 38, 40 to 42 or 46 of Part 1 of previous Schedule 3 that does not involve the disposal or recovery of waste on agricultural land1st October 2012
A waste operation described in paragraph 2, 3, 8, 24 or 43 to 45 of Part 1 of previous Schedule 31st October 2013
A waste operation described in paragraph 7, 9, 10, 12, 13, 16, 19, 21, 28, 36, 37 or 47 of Part 1 of previous Schedule 3 that involves the disposal or recovery of agricultural waste on agricultural land1st October 2013
Any other waste operation described in Part 1 of previous Schedule 3 that involves the disposal or recovery of waste on agricultural land1st October 2013

(4)    In this regulation—

“agricultural land” means land used for agriculture within the meaning of section 109(3) of the Agriculture Act 1947;

“previous Schedule 3” means Schedule 3 to the 2007 Regulations as in force on 5th April 2010;

“registered” has the meaning given in paragraph 1 of Schedule 2; and

“relevant particulars” has the meaning given in paragraph 6(3) of Schedule 2.

NOTES
Initial Commencement
Specified date

Specified date (immediately after the coming into force of the Environmental Permitting (England and Wales) (Amendment) (No 2) Regulations 2009, SI 2009/3381): 6 April 2010: see reg 1(1)(b).

104 Existing Part A(1) installations

104Existing Part A(1) installations

On the coming into force of these Regulations, an installation that, at the relevant time, carried on a Part A(1) activity under the 2007 Regulations by virtue of paragraph 2(4) of Part 1 of Schedule 1 to those Regulations is taken to be a Part A(1) installation for the purpose of these Regulations.

NOTES
Initial Commencement
Specified date

Specified date (immediately after the coming into force of the Environmental Permitting (England and Wales) (Amendment) (No 2) Regulations 2009, SI 2009/3381): 6 April 2010: see reg 1(1)(b).

105 Existing mining waste operations

105Existing mining waste operations

(1)    Regulation 12(1) does not apply to an existing mining waste operation involving an existing mining waste facility until the date mentioned in paragraph (2).

(2)    The date is—

(a)    if an application for the grant or variation of an environmental permit is made on or before 1st May 2011—

(i)    if the application is granted, the date of the grant,

(ii)    if the application is refused, and the applicant appeals against the refusal, the date the appeal is determined or withdrawn,

(iii)    if the application is refused, and the applicant does not appeal against the refusal, the day after the last day on which an appeal could have been brought under these Regulations, or

(iv)    if the application is for the grant or variation of an environmental permit in relation to a Category A mining waste facility that is an existing mining waste facility and the application is refused pursuant to paragraph 14(2) of Schedule 20, the date of the refusal; or

(b)    if no such application is made, 1st May 2011.

(3)    Where an existing mining waste operation is not covered by paragraph (1), regulation 12(1) does not apply to that operation until the date mentioned in paragraph (4).

(4)    The date is—

(a)    if an application for the grant or variation of an environmental permit is made on or before 30th December 2010—

(i)    if the application is granted, the date of the grant,

(ii)    if the application is refused, and the applicant appeals against the refusal, the date the appeal is determined or withdrawn, or

(iii)    if the application is refused, and the applicant does not appeal against the refusal, the day after the last day on which an appeal could have been brought under these Regulations; or

(b)    if no such application is made, 30th December 2010.

(5)    In this regulation, “existing mining waste operation” means a mining waste operation subsisting on 1st May 2008.

NOTES
Initial Commencement
Specified date

Specified date (immediately after the coming into force of the Environmental Permitting (England and Wales) (Amendment) (No 2) Regulations 2009, SI 2009/3381): 6 April 2010: see reg 1(1)(b).

Land Protection96 Natural Resources, Energy & Utilities Law94 Mines, Minerals & Quarries94 Environmental Law96

Chapter 5 Savings and Consequential Provisions

106 Savings

Chapter 5
Savings and Consequential Provisions106Savings

(1)    Despite the revocation of the 2007 Regulations, and the revocation of regulation 12(10) of the PPC Regulations by the 2007 Regulations, any condition implied in a permit by that regulation that continued in effect under the 2007 Regulations and had effect at the relevant time continues to have effect under these Regulations.

(2)    Despite the revocation of regulation 44 of the End-of-Life Vehicles Regulations 2003 by the 2007 Regulations, any modification to a waste management licence that continued in effect under the 2007 Regulations and had effect at the relevant time continues to have effect under these Regulations.

(3)    Despite the amendments made by regulation 6 of the Environmental Permitting (England and Wales) (Amendment) (No 2) Regulations 2009 (which amend regulation 38 of the 2007 Regulations), regulation 38(2) of the 2007 Regulations, as in force at the relevant time, continues in force for the purposes of regulation 103 of these Regulations.

(4)    Despite the amendments made by regulation 13(2) of the Environmental Permitting (England and Wales) (Amendment) (No 2) Regulations 2009 (which amend section 41 of the 1995 Act by omitting subsection (2A) and by omitting the definition of “relevant environmental licence” in subsection (10)), those subsections, as in force at the relevant time, continue in force for the purposes of regulation 103 of these Regulations.

(5)    Despite the substitution made by regulation 13(3) of the Environmental Permitting (England and Wales) (Amendment) (No 2) Regulations 2009 (which substitutes paragraph (j) in the definition of “environmental licence” in section 56(1) of the 1995 Act), the definition of “environmental licence” in that paragraph, as in force at the relevant time, continues in force for the purposes of regulation 103 of these Regulations.

NOTES
Initial Commencement
Specified date

Specified date (immediately after the coming into force of the Environmental Permitting (England and Wales) (Amendment) (No 2) Regulations 2009, SI 2009/3381): 6 April 2010: see reg 1(1)(b).

107 Consequential amendments

107Consequential amendments

Schedule 26 (consequential amendments) has effect.

NOTES
Initial Commencement
Specified date

Specified date (immediately after the coming into force of the Environmental Permitting (England and Wales) (Amendment) (No 2) Regulations 2009, SI 2009/3381): 6 April 2010: see reg 1(1)(b).

108 Revocations

108Revocations

(1)    The instruments in Schedule 27 (revocations) are revoked to the extent specified.

(2)    Despite the revocation of regulations 10 and 11 of the Environmental Permitting (England and Wales) (Amendment) (No 2) Regulations 2009, and of Schedules 2 and 3 to the 2007 Regulations, those Schedules (as in force at the relevant time) continue in force for the purpose of regulation 103 of these Regulations.

(3)    Despite the revocation of regulation 68A of the 2007 Regulations, a condition implied in a permit by that regulation that had effect at the relevant time continues to have effect under these Regulations.

(4)    Despite the revocation of regulation 69(5) and (6) of the 2007 Regulations, a condition implied in a permit by regulation 69(6) of those Regulations that had effect at the relevant time continues to have effect under these Regulations.

NOTES
Initial Commencement
Specified date

Specified date (immediately after the coming into force of the Environmental Permitting (England and Wales) (Amendment) (No 2) Regulations 2009, SI 2009/3381): 6 April 2010: see reg 1(1)(b).

109 Repeals

109Repeals

(1)    The enactments in Schedule 28 (repeals) are repealed to the extent specified.

(2)    Despite its repeal by these Regulations, Schedule 10 to the 1991 Act continues in force, subject to the following modifications, insofar as it provides for the vesting of a discharge consent or groundwater permit on the death of the holder of a consent or permit—

(a)    a discharge consent or groundwater permit is taken to be an environmental permit authorising the carrying on of a stand-alone water discharge activity or stand-alone groundwater activity;

(b)    the holder of the consent or groundwater permit is taken to be the operator of the regulated facility;

(c)    the vesting of a consent or groundwater permit in a person on the death of the holder of a consent or groundwater permit is taken to be the granting of an environmental permit under these Regulations;

(d)    the person in whom a consent or groundwater permit vests is taken to be the operator of the regulated facility;

(e)    a making of a discharge is taken to be the carrying on of a water discharge activity or groundwater activity, whichever is applicable in the circumstances.

(3)    Despite its repeal by these Regulations, section 88 of the 1991 Act continues in force so far as necessary for continuing to give effect to Schedule 10 to that Act.

NOTES
Initial Commencement
Specified date

Specified date (immediately after the coming into force of the Environmental Permitting (England and Wales) (Amendment) (No 2) Regulations 2009, SI 2009/3381): 6 April 2010: see reg 1(1)(b).

Signature

Jim Fitzpatrick

Minister of State

Department for Environment, Food and Rural Affairs

10th March 2010

Jane Davidson

Minister for Environment, Sustainability and Housing

one of the Welsh Ministers

10th March 2010

SCHEDULE 2 Exempt Facilities: General

SCHEDULE 2Exempt Facilities: General Regulation 4

Interpretation: general

1

(1)    In this Schedule—

“applicable fee” means—

(a)    a fee imposed by the Agency under paragraph 11 until such date as it is superseded by a charging scheme referred to in that paragraph, or

(b)    on and after that date, the fee prescribed under such a scheme;

“date of registration” means the date on which the relevant particulars first appear on the register;

“occupier” means a person who is or has been the occupier of the land on which an exempt water discharge activity or exempt groundwater activity is carried on;

“operator” means the person carrying on a water discharge activity or groundwater activity;

“register” means the register which the exemption registration authority is required to establish and maintain under paragraph 7(1);

“registered” means—

(a)    in relation to a waste operation, that the relevant particulars appear on the register during a valid registration period,

(b)    in relation to a water discharge activity or groundwater activity, that the relevant particulars appear on the register,

and “registration” is to be construed accordingly;

“relevant particulars” has the meaning given in paragraph 6(3);

“valid registration period”, for an exempt waste operation, means the period of validity of a registration referred to in paragraph 12(1), as read with paragraph 12(2); and

“WEEE operation” means a waste operation falling within a description in paragraph T11.

Interpretation: exemption registration authority

2

(1)    Subject to sub-paragraphs (2) and (3), the exemption registration authority in relation to a waste operation falling within a description in Part 1 of Schedule 3 is the Agency.

(2)    The exemption registration authority in relation to a waste operation falling within a description in paragraph T3 or T7 is—

(a)    for a waste operation carried on by waste mobile plant by an establishment or undertaking whose principal place of business is in England and Wales, the local authority in whose area it has its principal place of business;

(b)    for a waste operation carried on by waste mobile plant by an establishment or undertaking whose principal place of business is not in England and Wales, the local authority in whose area the operation is first carried on;

(c)    for a waste operation not carried on by waste mobile plant, the local authority in whose area the operation is carried on.

(3)    The exemption registration authority in relation to a waste operation falling within a description in paragraph T22 is the authority responsible for granting an authorisation under regulation 27 of the Animal By-Products Regulations.

(4)    The exemption registration authority in relation to a water discharge activity falling within a description in Part 2 of Schedule 3 is the Agency.

(5)    The exemption registration authority in relation to a groundwater activity falling within a description in Part 3 of Schedule 3 is the Agency.

Exempt waste operations

3

(1)    For the purpose of the definition of “exempt waste operation”, the requirements are—

(a)    that a waste operation—

(i)    falls within a description in Part 1 of Schedule 3, and

(ii)    satisfies the general and specific conditions specified in Part 1 of that Schedule in relation to the description;

(b)    subject to sub-paragraph (2) and paragraph 9(10) of this Schedule—

(i)    that the waste operation is registered, and

(ii)    an establishment or undertaking is registered in relation to it; and

(c)    that the type and quantity of waste submitted to the waste operation, and the method of disposal or recovery, are consistent with the need to attain the objectives mentioned in Article 4(1) of the Waste Framework Directive.

(2)    The registration requirements in sub-paragraph (1)(b) do not apply in respect of a waste operation carried on by a person who is not an establishment or undertaking.

Exempt water discharge activities

4

For the purpose of the definition of “exempt water discharge activity”, the requirements are—

(a)    that a water discharge activity—

(i)    falls within a description in Part 2 of Schedule 3, and

(ii)    satisfies, in relation to an activity of that description, the relevant conditions specified in Part 2 of that Schedule;

(b)    that the water discharge activity is registered and, subject to paragraph 9(10) of this Schedule, for a water discharge activity that falls within a description in—

(i)    paragraph 1 of Part 2 of Schedule 3, the operator is registered in relation to the activity, or

(ii)    paragraph 2 of Part 2 of that Schedule, the occupier is registered in relation to the activity; and

(c)    that the water discharge activity does not cause pollution of inland freshwaters, coastal waters or relevant territorial waters.

Exempt groundwater activities

5

For the purpose of the definition of “exempt groundwater activity”, the requirements are—

(a)    that a groundwater activity—

(i)    falls within a description in Part 3 of Schedule 3;

(ii)    satisfies, in relation to an activity of that description, the relevant conditions specified in Part 3 of that Schedule;

(b)    that the groundwater activity is registered and, subject to paragraph 9(10) of this Schedule, for a groundwater activity that falls within a description in—

(i)    paragraph 2 of Part 3 of Schedule 3, the operator is registered in relation to the activity, or

(ii)    paragraph 3 of Part 3 of that Schedule, the occupier is registered in relation to the activity; and

(c)    that the groundwater activity does not cause pollution of groundwater.

Procedure for registering an exempt facility

6

(1)    An establishment or undertaking seeking to be registered in relation to a waste operation described in Part 1 of Schedule 3, or seeking to renew such a registration, must notify the exemption registration authority of—

(a)    the relevant particulars; and

(b)    the information specified in sub-paragraph (4).

(2)    An occupier or operator seeking to be registered in relation to a water discharge activity described in Part 2 of Schedule 3 or a groundwater activity described in Part 3 of that Schedule must notify the exemption registration authority of the relevant particulars.

(3)    The relevant particulars are—

(a)    the name and address of—

(i)    for a waste operation, the establishment or undertaking, or

(ii)    for a water discharge activity or groundwater activity, the occupier or operator;

(b)    a description of the waste operation, water discharge activity or groundwater activity;

(c)    the place where the waste operation, water discharge activity or groundwater activity is carried on, including—

(i)    the post code (if applicable), or

(ii)    the Ordnance Survey National Grid reference point; and

(d)    if the waste operation is a WEEE operation, the type and quantity of waste subject to the operation.

(4)    The information in this sub-paragraph is the name and contact details of an individual officer or employee designated by the establishment or undertaking to be the primary contact for the purposes of registration.

(5)    Notification under sub-paragraph (1) or (2) must be in the form specified by the exemption registration authority.

(6)    If a notification under sub-paragraph (1) relates to a waste operation that is a WEEE operation, the notification must be accompanied by the applicable fee.

Register of exempt facilities

7

(1)    Every exemption registration authority must establish and maintain a register of exempt facilities in relation to which it is the exemption registration authority.

(2)    Subject to sub-paragraphs (3), (4) and (5), the exemption registration authority must ensure the register contains the relevant particulars—

(a)    for an exempt waste operation, within 5 working days after the date that it receives—

(i)    notification of the relevant particulars and the information specified in paragraph 6(4), and

(ii)    for a WEEE operation, payment of the applicable fee in accordance with paragraph 6(6); and

(b)    for an exempt water discharge activity or exempt groundwater activity, within 15 working days after the date that it receives notification of the relevant particulars.

(3)    The exemption registration authority must ensure the register is updated to reflect any changes notified under paragraph 13(1) of this Schedule or under Part 2 or 3 of Schedule 3—

(a)    for exempt waste operations, within 5 working days after the date that it receives the notification, or

(b)    for exempt water discharge activities and exempt groundwater activities, within 15 working days after that date.

(4)    The exemption registration authority must not enter the relevant particulars on the register in relation to a WEEE operation until it has carried out an inspection in relation to the operation that complies with the second and third paragraphs of Article 6(2) of the WEEE Directive.

(5)    Every exemption registration authority must—

(a)    ensure that its register is open to inspection by the public free of charge at all reasonable hours; and

(b)    provide reasonable facilities to the public for obtaining a copy of an entry on payment of a reasonable charge.

(6)    A register may be kept in any form.

Duty to remove entries from the register

8

(1)    The duty to maintain a register in paragraph 7(1) includes a duty to remove an entry from the register if—

(a)    the exemption registration authority becomes aware that the exempt facility is no longer in operation at the place stated in the relevant particulars;

(b)    the facility ceases to be an exempt facility; or

(c)    in the case of a WEEE operation, the exemption registration authority—

(i)    has carried out an inspection in accordance with paragraph 15(2), and

(ii)    is not satisfied as to the particulars to be verified pursuant to the third paragraph of Article 6(2) of the WEEE Directive.

(2)    If the exemption registration authority removes an entry from the register under sub-paragraph (1), it must notify without delay the occupier, operator or other person registered in relation to the exempt facility.

(3)    Sub-paragraph (2) does not apply if the exemption registration authority was notified by the person registered in relation to the facility that the facility is no longer in operation at the place stated in the relevant particulars.

Exclusion from the register of information affecting national security

9

(1)    The appropriate authority may direct the exemption registration authority that, in the interests of national security, specified information or information of a specified description must be excluded from the register.

(2)    The exemption registration authority must notify the appropriate authority of any information it excludes from the register pursuant to such a direction.

(3)    The appropriate authority may direct the exemption registration authority that, in the interests of national security, before information of a specified description is included on the register, the information must be referred to the appropriate authority for determination as to whether or not it should be excluded from the register.

(4)    A determination by the appropriate authority under sub-paragraph (3) to exclude information from the register must be given effect by a direction under sub-paragraph (1).

(5)    A person may give a notice to the appropriate authority stating that, in the person's opinion, the inclusion of information on the register would be contrary to the interests of national security.

(6)    A notice under sub-paragraph (5) must specify the information and indicate its apparent nature.

(7)    A person giving a notice under sub-paragraph (5) must at the same time notify the exemption registration authority.

(8)    The exemption registration authority must not include information notified under sub-paragraph (5) on the register unless the appropriate authority determines that it may be included.

(9)    A determination by the appropriate authority to exclude information notified under sub-paragraph (5) from the register must be given effect by a direction under sub-paragraph (1).

(10)    In relation to an exempt facility that is the subject of a direction or notice given under this paragraph, the requirement in paragraph 3(1)(b), 4(b) or 5(b)—

(a)    does not apply where a direction or notice requires the exclusion of all relevant particulars from the register; and

(b)    is satisfied where—

(i)    a direction under sub-paragraph (1) requires the exclusion of some, but not all, relevant particulars from the register,

(ii)    a direction under sub-paragraph (3) requires the exclusion of relevant particulars from the register, or

(iii)    a notice under sub-paragraph (5) which is pending a determination under sub-paragraph (8) requires the exclusion of relevant particulars from the register,

and where any relevant particulars which are not subject to a direction or notice are included on the register.

Restrictions on registering exempt waste operations carried on at the same place

10

(1)    An establishment or undertaking may not be registered more than once during a valid registration period in relation to any one waste operation described in Part 1 of Schedule 3 that is carried on or is to be carried on at the same place.

(2)    If an establishment or undertaking is registered more than once in contravention of sub-paragraph (1), the second and any subsequent registration is invalid.

(3)    Subject to sub-paragraph (7), not more than one establishment or undertaking may be registered at the same time in relation to the same waste operation described in Part 1 of Schedule 3 if the operation is carried on or is to be carried on at the same place.

(4)    If more than one establishment or undertaking is registered in contravention of sub-paragraph (3), only the registration specified in sub-paragraph (5) is valid.

(5)    The registration in this sub-paragraph is the registration of the establishment or undertaking in respect of which the relevant particulars first appeared on the register in the relevant period.

(6)    In this paragraph, “relevant period” means the period during which the relevant particulars appear on the register.

(7)    Sub-paragraph (3) does not apply in relation to a waste operation falling within a description in paragraph D2.

Fee for registration relating to WEEE operations

11

(1)    Notwithstanding the power to make a charging scheme under section 41 of the 1995 Act, the Agency may impose a fee in accordance with sub-paragraph (2) until—

(a)    the fee is superseded by such a charging scheme; or

(b)    1st April 2013,

whichever is the earlier.

(2)    The fee referred to in sub-paragraph (1) is £840 in respect of the registration of an establishment or undertaking in relation to a WEEE operation.

Validity of registration of waste operations

12

(1)    A first registration or a registration in relation to a WEEE operation is valid for 3 years.

(2)    Any other registration in relation to a waste operation is valid until the end of validity of the first registration.

(3)    For the purposes of sub-paragraphs (1) and (2), the period of validity of a registration commences on the date of registration or on the most recent renewal date, as the case may be.

(4)    An establishment or undertaking may renew a registration at any time in the month prior to the registration becoming invalid (and the registration procedure specified in paragraph 6 applies in relation to any such renewal).

(5)    Where an establishment or undertaking has renewed a registration, the renewal takes effect on the day after the day on which the previous registration becomes invalid.

(6)    In this paragraph—

“first registration” means—

(a)    the first appearance on the register of relevant particulars for an establishment or undertaking in relation to a waste operation other than a WEEE operation, or

(b)    in the case of a renewal, the first such appearance following the end of validity of the registration, other than the end of validity of the registration of a WEEE operation;

“renewal date” means the date that the renewal of a registration takes effect.

Changes to relevant particulars relating to waste operations

13

(1)    An establishment or undertaking registered in relation to a waste operation must notify the exemption registration authority without delay of any changes to—

(a)    any of the relevant particulars; and

(b)    any of the information specified in paragraph 6(4).

(2)    If an establishment or undertaking does not comply with sub-paragraph (1)(a), the exemption registration authority may remove from the register the entry made in respect of the establishment or undertaking.

(3)    Notification under sub-paragraph (1) must be in the form specified by the exemption registration authority.

(4)    The exemption registration authority must notify the establishment or undertaking in question without delay if it removes an entry from the register pursuant to sub-paragraph (2).

Record keeping for exempt waste operations

14

(1)    This paragraph applies to every exempt waste operation where the waste operation—

(a)    is a WEEE operation; or

(b)    falls within a description in—

(i)    subject to sub-paragraph (2), paragraph U10 or U11,

(ii)    paragraph T9,

(iii)    paragraph T3 or T7 where the operation is carried on by waste mobile plant.

(2)    But it does not apply in relation to an exempt waste operation where—

(a)    the waste operation falls within a description in paragraph U10 or U11; and

(b)    the establishment or undertaking is required to keep records in relation to the operation and the waste that is subject to that operation under the Nitrate Pollution Prevention Regulations 2008 or the Nitrate Pollution Prevention (Wales) Regulations 2008.

(3)    An establishment or undertaking which carries on an exempt waste operation to which this paragraph applies must—

(a)    keep records of the quantity, nature, origin and, where relevant, the destination and treatment method of all waste disposed of or recovered in the course of that operation; and

(b)    where the waste operation falls within a description in paragraph T3 or T7 and is carried on by waste mobile plant, keep records of the places where the operation is carried on.

(4)    An establishment or undertaking which carries on an exempt waste operation to which this paragraph applies must—

(a)    retain any records that it is required to keep under sub-paragraph (3) for a period of 2 years; and

(b)    during that period make those records available to the exemption registration authority on request.

Periodic inspections of establishments and undertakings

15

(1)    Every exemption registration authority must carry out appropriate periodic inspections of establishments and undertakings carrying on exempt waste operations in respect of which it is the exemption registration authority.

(2)    If an exempt waste operation involves a WEEE operation, the exemption registration authority must discharge the duty in sub-paragraph (1) by carrying out an inspection that complies with the third and fourth paragraphs of Article 6(2) of the WEEE Directive.

NOTES
Initial Commencement
Specified date

Specified date (immediately after the coming into force of the Environmental Permitting (England and Wales) (Amendment) (No 2) Regulations 2009, SI 2009/3381): 6 April 2010: see reg 1(1)(b).

SCHEDULE 4 Application to the Crown

SCHEDULE 4Application to the Crown Regulation 11

Crown application

1

Subject to paragraphs 2 to 5, these Regulations bind the Crown.

Contravention of these Regulations by the Crown

2

(1)    If the Crown contravenes a provision of these Regulations—

(a)    it is not criminally liable under regulation 38; and

(b)    no proceedings may be taken against it under regulation 42.

(2)    But—

(a)    on the application of a regulator, the High Court may declare a contravention of these Regulations by the Crown to be unlawful; and

(b)    these Regulations apply to persons in the public service of the Crown as they apply to other persons.

Entry to Crown premises

3

(1)    If the appropriate authority considers that in the interests of national security particular powers of entry must not be used in relation to particular Crown premises it may certify that those powers must not be used in relation to those premises.

(2)    In this paragraph—

“Crown premises” means premises held or used by or on behalf of the Crown; and

“power of entry” means a power of entry exercisable under section 108 of the 1995 Act, in relation to a function under these Regulations.

Service on certain Crown operators

4

(1)    This paragraph applies in relation to a regulated facility controlled or operated by a person acting on behalf of—

(a)    the Royal Household;

(b)    the Duchy of Lancaster; or

(c)    the Duke of Cornwall or other possessor of the Duchy of Cornwall.

(2)    When serving or giving notices or notifications, or instituting proceedings, the following person must be treated as the operator—

(a)    in relation to sub-paragraph (1)(a), the Keeper of the Privy Purse;

(b)    in relation to sub-paragraph (1)(b), the person appointed by the Chancellor of the Duchy of Lancaster;

(c)    in relation to sub-paragraph (1)(c), the person appointed by the Duke of Cornwall or other possessor of the Duchy of Cornwall.

Application of this Schedule to certain radioactive substances activities

5

(1)    These Regulations do not bind the Crown in relation to a radioactive substances activity carried on at premises—

(a)    occupied on behalf of the Crown for naval, military or air force purposes or for the purposes of the department of the Secretary of State having responsibility for defence; or

(b)    occupied by or for the purposes of visiting forces.

(2)    In this paragraph, “visiting force” has the meaning given in section 12(1) of the Visiting Forces Act 1952.

NOTES
Initial Commencement
Specified date

Specified date (immediately after the coming into force of the Environmental Permitting (England and Wales) (Amendment) (No 2) Regulations 2009, SI 2009/3381): 6 April 2010: see reg 1(1)(b).

Real Property Law91 Duchy of Lancaster91 Crown Land91 Duchy of Cornwall91

SCHEDULE 6 Appeals to the Appropriate Authority

SCHEDULE 6Appeals to the Appropriate Authority Regulation 31(14)

Interpretation

1

In this Schedule—

“appeal” means an appeal to the appropriate authority;

“appointed person” means the person appointed under paragraph 5; and

“determination” includes the reasons for the determination.

Making an appeal

2

(1)    A person making an appeal must—

(a)    send the appropriate authority written notice of the appeal and the documents specified in sub-paragraph (2); and

(b)    at the same time send the regulator copies of the notice and documents.

(2)    The documents are—

(a)    a statement of the grounds of appeal;

(b)    a copy of any relevant application;

(c)    a copy of any relevant environmental permit;

(d)    a copy of any relevant correspondence between the appellant and the regulator;

(e)    a copy of any decision or notice which is the subject matter of the appeal; and

(f)    a statement indicating whether the appellant wishes the appeal to be in the form of a hearing or to be dealt with by way of written representations.

(3)    An appellant may withdraw an appeal by notifying the appropriate authority in writing and must send a copy of that notification to the regulator.

Time limit for making an appeal

3

(1)    A notice of appeal must be given—

(a)    in relation to an appeal against a revocation notice, before the revocation notice takes effect;

(b)    in relation to the withdrawal of a duly-made application under paragraph 4(2) of Part 1 of Schedule 5, not later than 15 working days after the date of the further notice served under that paragraph;

(c)    in relation to an enforcement notice, a regulator-initiated variation, suspension notice, mining waste facility closure notice or landfill closure notice, not later than 2 months after the date of the variation or notice;

(d)    in relation to a prohibition notice, not later than 21 days after the date of the notice; or

(e)    in any other case, not later than 6 months after the date of the decision or deemed decision.

(2)    The appropriate authority may in a particular case allow notice of appeal to be given after the periods mentioned in sub-paragraph (1)(b) to (e) have expired.

Notice to affected and interested persons

4

(1)    The regulator must, within 10 working days after receipt of a copy of a notice of appeal, give notice of it to any person whom the regulator considers is affected by, is likely to be affected by, or has an interest in, the subject matter of the appeal.

(2)    A notice must include—

(a)    a description of the subject matter of the appeal; and

(b)    a statement that representations in writing may be made to the appropriate authority within a period of 15 working days after the date of the notice.

(3)    The regulator must notify the appropriate authority of the persons to whom, and the date on which, such a notice was sent, within 10 working days after sending it.

(4)    The regulator must give notice of the withdrawal of an appeal to every person given such a notice.

Hearing before an appointed person

5

(1)    Before determining an appeal the appropriate authority may give the appellant and the regulator an opportunity of appearing before and being heard by a person appointed by the appropriate authority, and must do so in a case where a request is duly made by the appellant or the regulator to be so heard.

(2)    If the appointed person so decides, a hearing may be held wholly or to any extent in private.

(3)    The persons entitled to be heard at a hearing are—

(a)    the appellant;

(b)    the regulator; and

(c)    a person who has made representations to the regulator in respect of the subject matter of the appeal within the period mentioned in paragraph 4(2)(b).

(4)    The appointed person may permit other persons to be heard and such permission must not be unreasonably withheld.

(5)    After the hearing, the appointed person must make a report in writing to the appropriate authority which must include the appointed person's—

(a)    conclusions; and

(b)    recommendations or reasons for not making recommendations.

(6)    Subsections (2) to (5) of section 250 of the Local Government Act 1972 apply to hearings held under this paragraph by an appointed person as they apply to inquiries caused to be held under that section by a Minister with the following modifications—

(a)    the substitution in subsection (2) for the reference to the person appointed to hold the inquiry with a reference to the appointed person;

(b)    the substitution in subsection (4) for the references to the Minister causing the inquiry to be held with references to the appropriate authority;

(c)    the substitution of the reference in that subsection to a local authority with a reference to the regulator;

(d)    the substitution in subsection (5) for the reference to the Minister causing the inquiry to be held with a reference to the appropriate authority.

Notice of determination of an appeal

6

(1)    The appropriate authority must give notice to the appellant of its determination and provide the appellant with a copy of the report mentioned in paragraph 5(5).

(2)    At the same time the appropriate authority must send—

(a)    a copy of the documents mentioned in sub-paragraph (1) to the regulator; and

(b)    a copy of its determination to any person who made representations in respect of the subject matter of the appeal to the authority, or at any hearing.

Procedure following the quashing of a determination of an appropriate authority

7

(1)    If a determination is quashed in proceedings before a court, the appropriate authority—

(a)    must send to the persons notified of its determination under paragraph 6 a statement of the matters in relation to which further representations are invited;

(b)    must give those persons the opportunity of making written representations in respect of those matters within 20 working days after the date of the statement; and

(c)    may cause a hearing to be held or reopened.

(2)    If a hearing is held or reopened under sub-paragraph (1)(c), paragraphs 5(2) to 5(6) apply as they apply to a hearing held under paragraph 5(1).

(3)    Paragraph 6 applies to the re-determination of an appeal as it applies to the determination of that appeal.

NOTES
Initial Commencement
Specified date

Specified date (immediately after the coming into force of the Environmental Permitting (England and Wales) (Amendment) (No 2) Regulations 2009, SI 2009/3381): 6 April 2010: see reg 1(1)(b).

SCHEDULE 7 Part A Installations and Part A Mobile Plant

SCHEDULE 7Part A Installations and Part A Mobile Plant Regulation 35(2)(a)

Application

1

This Schedule applies in relation to every Part A installation or Part A mobile plant.

Interpretation

2

When interpreting the IPPC Directive for the purposes of this Schedule—

(a)    except where otherwise defined in this paragraph, an expression that is defined in Part 1 of these Regulations has the meaning given in that Part;

(b)    “installation” means “Part A installation or Part A mobile plant”;

(c)    “permit” means “environmental permit”;

(d)    the competent authority is the regulator; and

(e)    “substance” is to be read as including, after the words “its compounds” in Article 2(1) of the IPPC Directive, the words “and any biological entity or micro-organism”.

Exercise of regulator's functions: general

3

The regulator must exercise its functions under these Regulations for the purpose of achieving a high level of protection of the environment taken as a whole by, in particular, preventing or, where that is not practicable, reducing emissions into the air, water and land.

Applications for the grant of an environmental permit

4

(1)    The regulator must ensure that every application for the grant of an environmental permit includes the information specified in Article 6(1) of the IPPC Directive.

(2)    But when interpreting Article 6(1), the regulator must ignore the fourth indent in the case of Part A mobile plant.

Exercise of relevant functions

5

(1)    The regulator must exercise its relevant functions so as to ensure compliance with the following provisions of the IPPC Directive—

(a)    Article 3, ignoring the words “provide that the competent authorities” contained in the first sentence of Article 3(1);

(b)    Article 9(1) to (6);

(c)    Article 10;

(d)    Article 12;

(e)    Article 14 point (b);

(f)    Article 19(2).

(2)    But when interpreting the IPPC Directive for the purposes of this paragraph, the regulator must—

(a)    ignore the second and fourth paragraphs of Article 9(3);

(b)    in the case of Part A mobile plant, in Article 9(4), ignore the words “its geographical location and the local environmental conditions”;

(c)    ignore the second paragraph of Article 9(5);

(d)    ignore the second paragraph of Article 9(6); and

(e)    in the case of Part A mobile plant, ignore Article 12.

Public participation

6

The regulator must exercise its functions under the public participation provisions in relation to Part A installations so as to meet the requirements of Article 15(1) of the IPPC Directive.

Review of environmental permits

7

The regulator must review an environmental permit if any of the circumstances in Article 13(2) of the IPPC Directive apply in relation to the Part A installation or Part A mobile plant whose operation it authorises.

Developments in best available techniques

8

(1)    The regulator must ensure that it is informed of developments in best available techniques.

(2)    In this paragraph, “best available techniques” has the meaning given in Article 2(12) of the IPPC Directive.

NOTES
Initial Commencement
Specified date

Specified date (immediately after the coming into force of the Environmental Permitting (England and Wales) (Amendment) (No 2) Regulations 2009, SI 2009/3381): 6 April 2010: see reg 1(1)(b).

SCHEDULE 8 Part B Installations and Part B Mobile Plant

SCHEDULE 8Part B Installations and Part B Mobile Plant Regulation 35(2)(b)

Application

1

This Schedule applies in relation to every Part B installation and Part B mobile plant.

Interpretation

2

When interpreting the IPPC Directive for the purposes of this Schedule—

(a)    except where otherwise defined in this paragraph, an expression that is defined in Part 1 of these Regulations has the meaning given in that Part;

(b)    “installation” means “Part B installation” or “Part B mobile plant”;

(c)    “permit” means “environmental permit”;

(d)    a reference to “emission limit values” is to be read as a reference to those values which are relevant to air pollution;

(e)    the competent authority is the regulator; and

(f)    “substance” is to be read as including, after the words “its compounds” in Article 2(1) of that Directive, the words “and any biological entity or micro-organism”.

Exercise of regulator's functions: general

3

The regulator must exercise its functions under these Regulations for the purpose of preventing or, where that is not practicable, reducing emissions into the air.

Applications for the grant of an environmental permit

4

(1)    The regulator must ensure that every application for the grant of an environmental permit includes the information specified in Article 6(1) of the IPPC Directive.

(2)    But, when interpreting Article 6(1), the regulator must—

(a)    ignore points (b), (d) and (g);

(b)    ignore points (c) and (e) to the extent that the application relates to the carrying on of dry cleaning at a Part B installation;

(c)    in point (e), the reference to “each medium” is to be read as a reference to “air”;

(d)    ignore point (f) to the extent that the application relates to the burning of waste oil in an appliance with a net rated thermal input of less than 0.4 megawatts at a Part B installation;

(e)    in point (h), read the reference to “Article 3” as a reference to “Article 3(1)(a) and (1)(b)”.

(3)    In this paragraph, “dry cleaning” has the meaning given in Part B of Section 7 of Part 2 of Schedule 1.

Exercise of relevant functions

5

(1)    The regulator must exercise its relevant functions so as to ensure compliance with the following provisions of the IPPC Directive—

(a)    Article 3(1)(a) and (b);

(b)    Article 9(1) to (4);

(c)    Article 10;

(d)    Article 12;

(e)    Article 19(2).

(2)    But when interpreting the IPPC Directive for the purposes of this paragraph, the regulator must—

(a)    in Article 3(1), ignore the words “provide that the competent authorities”;

(b)    in Article 9(1) read—

(i)    the reference to “Article 3” as a reference to “Article 3(1)(a) and (b)”, and

(ii)    the words from “in order” to the end of the Article as “for the purpose of preventing or, where that is not practicable, reducing emissions into the air”;

(c)    in Article 9(3), ignore the words “and their potential to transfer pollution from one medium to another (water, air and land)”;

(d)    in Article 9(4)—

(i)    in the case of Part B mobile plant, ignore the words “its geographical location and the local environmental conditions”, and

(ii)    ignore the last sentence;

(e)    in the case of Part B mobile plant, ignore Article 12;

(f)    in Annex III, ignore the section headed “WATER”.

Review of environmental permits

6

The regulator must review an environmental permit if any of the circumstances in Article 13(2) of the IPPC Directive apply in relation to the Part B installation or Part B mobile plant whose operation it authorises.

Developments in best available techniques

7

(1)    The regulator must ensure that it is informed of developments in best available techniques.

(2)    In this paragraph, “best available techniques” has the meaning given in Article 2(12) of the IPPC Directive, save that the reference to “Annex IV” in that Article is to be read as a reference to “paragraphs 4 to 8 of Annex IV”.

NOTES
Initial Commencement
Specified date

Specified date (immediately after the coming into force of the Environmental Permitting (England and Wales) (Amendment) (No 2) Regulations 2009, SI 2009/3381): 6 April 2010: see reg 1(1)(b).

Air Protection96 Environmental Law96

SCHEDULE 9 Waste Operations

SCHEDULE 9Waste Operations Regulation 35(2)(c)

Application

1

This Schedule applies in relation to every waste operation.

Interpretation

2

In this Schedule—

“disposal” has the same meaning as in the Waste Framework Directive and related terms are to be construed accordingly; and

“recovery” has the same meaning as in the Waste Framework Directive and related terms are to be construed accordingly.

Grant of an environmental permit for a relevant waste operation: requirement for prior planning permission

3

(1)    Following an application under regulation 13(1), the regulator must not grant an environmental permit that relates to a relevant waste operation if—

(a)    use of the site for carrying on the relevant waste operation requires planning permission or development consent under the Planning Act 2008; and

(b)    no such permission or consent is in force.

(2)    In this paragraph—

“planning permission” means planning permission under the Town and Country Planning Act 1990 and includes—

(a)    a certificate under section 191 of that Act, and

(b)    an established use certificate under section 192 of that Act, as originally enacted, which continues to have effect for the purposes of subsection (4) of that section; and

“relevant waste operation” means—

(a)    a waste operation that is not carried on at an installation or by means of Part A mobile plant or Part B mobile plant, or

(b)    a specified waste management activity.

(3)    In sub-paragraph (2)(b), “specified waste management activity” means one of the following activities—

(a)    the disposal of waste in a landfill falling within Section 5.2 of Part 2 of Schedule 1;

(b)    the disposal of waste falling within Section 5.3 of Part 2 of Schedule 1;

(c)    the recovery of waste falling within Part A(1)(c)(i), (ii), (v) or (vii) of Section 5.4 of Part 2 of Schedule 1.

(4)    But “specified waste management activity” does not include any activity specified in sub-paragraph (3)(b) or (c) if that activity—

(a)    is carried on at the same installation as a Part A(1) activity not specified in sub-paragraph (3); and

(b)    is not the activity which constitutes the primary purpose for operating the installation.

Exercise of relevant functions: all waste operations

4

The regulator must exercise its relevant functions—

(a)    for the purposes of implementing Article 4 of the Waste Framework Directive; and

(b)    so as to ensure that the records referred to in Article 14 of the Waste Framework Directive are kept and made available to the regulator on request.

Exercise of relevant functions: disposal of waste

5

(1)    The regulator must exercise its relevant functions in relation to the disposal of waste—

(a)    for the purposes of implementing Article 5 of the Waste Framework Directive, ignoring the words “in cooperation with other Member States where this is necessary or advisable”;

(b)    for the purposes of implementing, so far as material, any waste management plan; and

(c)    so as to ensure that the requirements in the second paragraph of Article 9(1) of the Waste Framework Directive are met.

(2)    In this paragraph, “waste management plan” has the meaning given in paragraph 1 of Part 1 of Schedule 25 (waste and extractive waste).

NOTES
Initial Commencement
Specified date

Specified date (immediately after the coming into force of the Environmental Permitting (England and Wales) (Amendment) (No 2) Regulations 2009, SI 2009/3381): 6 April 2010: see reg 1(1)(b).

Planning97 Land Protection93 Environmental Law93 Construction Law97 Local Government97

SCHEDULE 10 Landfill

SCHEDULE 10Landfill Regulation 35(2)(d)

Application

1

This Schedule applies in relation to every landfill except a landfill which finally ceased to accept waste for disposal before 16th July 2001.

Interpretation: general

2

(1)    In this Schedule—

(a)    unless otherwise provided, an expression that is defined in the Landfill Directive has the meaning given in that Directive;

(b)    “the Decision” means Council Decision 2003/33/EC;

(c)    “the Decision Annex” means the Annex to the Decision; and

(d)    “landfill” has the meaning given in Article 2(g) of the Landfill Directive, but does not include any operation excluded from the scope of that Directive by Article 3(2).

(2)    When interpreting the Landfill Directive and the Decision for the purposes of this Schedule—

(a)    an expression that is defined in Part 1 of these Regulations has the meaning given in that Part;

(b)    “landfill permit” means environmental permit;

(c)    “nature protection zone” means any—

(i)    site of special scientific interest within the meaning given in section 52 of the Wildlife and Countryside Act 1981, or

(ii)    European site within the meaning given in regulation 10(1) of the Conservation (Natural Habitats, &c) Regulations 1994;

(d)    “PAHs (polycyclic aromatic hydrocarbons)” means Napthalene, Acenaphthylene, Acenaphthene, Anthracene, Benzo(a)anthracene, Benzo(b)fluoranthene, Benzo(k)fluoranthene, Benzo(g,h,i)perylene, Benzo(a)pyrene, Chrysene, Coronene, Dibenzo(a,h)anthracene, Fluorene, Fluoranthene, Indeno(1,2,3-c,d)pyrene, Phenanthrene and Pyrene;

(e)    “permit” means environmental permit;

(f)    “SIC code” means the UK Standard Industrial Classification of Economic Activities 2007 (SIC 2007) published by the Office for National Statistics on 14th December 2007 and implemented on 1st January 2008; and

(g)    the competent authority is the regulator.

Applications for the grant of an environmental permit

3

The regulator must require that every application for the grant of an environmental permit includes the information specified in Article 7 of the Landfill Directive.

Inspection prior to operation

4

The regulator must inspect every landfill site so as to comply with the requirements in Article 8(c) of the Landfill Directive.

Exercise of relevant functions

5

(1)    The regulator must exercise its relevant functions so as to ensure compliance with the following provisions of the Landfill Directive—

(a)    Article 4;

(b)    Article 5(3) and (4);

(c)    Article 6;

(d)    Article 8;

(e)    Article 9;

(f)    Article 10;

(g)    Article 11(1);

(h)    Article 12;

(i)    Article 13;

(j)    Article 14.

(2)    The regulator must exercise those relevant functions having regard to Article 1 of the Landfill Directive.

(3)    The regulator must exercise those relevant functions so as to ensure compliance with the requirements imposed on the Member State by the following provisions of the Decision—

(a)    Article 2;

(b)    Article 3;

(c)    Article 4.

Interpretation of the Landfill Directive for the exercise of relevant functions

6

When interpreting the Landfill Directive for the purposes of paragraph 5(1)—

(a)    in Article 6(a), the words “This provision may not apply to” is to be read as “This provision does not apply to”;

(b)    in Article 8(a)(iv), ignore the last sentence;

(c)    the last sentence of paragraph 2 of Annex I is to be read as “The above provisions do not apply to inert landfills.”; and

(d)    in paragraph 3(3) of Annex I, ignore the sentence immediately following the table headed “Leachate collection and bottom sealing”.

Interpretation of the Decision Annex for the exercise of relevant functions: general

7

When interpreting the Decision Annex for the purposes of paragraph 5(3)—

(a)    in points 1.1.1 and 1.2, the periods referred to as to be defined or determined by the Member State are in each case 2 years;

(b)    point 1.1.2(b) is to be read as requiring the SIC code of the process producing the waste to be part of the information referred to;

(c)    in point 1.1.2(g), ignore the words “in case of mirror entries”;

(d)    ignore the third sentence of section 2;

(e)    in points 2.1.2.1, 2.2.2, 2.3.1 and 2.4.1 the table columns headed “L/S = 10 l/kg” must be used to determine limit values;

(f)    in the table in point 2.1.2.2, the limit value for PAHs (polycyclic aromatic hydrocarbons) is set at 100 mg/kg;

(g)    in point 2.2.3, the first reference to “gypsum-based materials” is to be read as “gypsum-based and other high sulphate-bearing materials”;

(h)    in point 2.3.3, the first reference to “suitable asbestos waste” is to be read as “suitable materials”; and

(i)    in the table in point 2.4.1, the limit values are subject to the qualification that the regulator may include conditions in an environmental permit authorising limit values for specific parameters (other than Dissolved Organic Carbon) up to 3 times higher than those listed for specified wastes accepted at a landfill, taking into account the characteristics of the landfill and its surroundings and provided a risk assessment demonstrates that emissions (including leachate) from the landfill will present no additional risk to the environment.

Interpretation of the Decision Annex for the exercise of relevant functions: additional acceptance criteria relating to physical stability and bearing capacity of granular waste

8

When interpreting the Decision Annex for the purposes of paragraph 5(3)—

(a)    in point 2.3.2, the criteria to ensure that granular waste will have sufficient physical stability and bearing capacity are that it has either—

(i)    if it is cohesive waste, a mean in situ shear strength of at least 50kPa, or

(ii)    if it is non-cohesive waste, an in situ bearing ratio of at least 5%;

(b)    point 2.4.2 is to be read as if, in addition to the criteria listed, it requires the satisfaction of the criteria in paragraph (a)(i) and (a)(ii).

Interpretation of the Decision Annex for the exercise of relevant functions: additional acceptance criteria in relating to monolithic waste

9

When interpreting the Decision Annex for the purposes of paragraph 5(3)—

(a)    point 2.3.1 is to be read as if, in addition to the criteria listed, it requires the satisfaction of the following criteria in relation to stable, non-reactive monolithic hazardous waste and non-hazardous waste which is to be landfilled in the same cell with such waste—

(i)    it meets either—

(aa)    the limit values for leaching set out in the table in point 2.3.1, or

(bb)    the limit values for leaching set out in the following table—

ComponentSymbolmg/m2
ArsenicAs1.3
BariumBa45
CadmiumCd0.2
Total ChromiumCrtotal5
CopperCu45
MercuryHg0.1
MolybdenumMo7
NickelNi6
LeadPb6
AntimonySb0.3
SeleniumSe0.4
ZincZn30
ChlorideCl-10,000
FluorideF-60
SulphateSO42-10,000
Dissolved Organic CarbonDOCMust be evaluated

(ii)    it meets the additional criteria set out in the following table—

ParameterValue
pH of the eluate from the monolith or crushed monolithMust be evaluated
Electrical conductivity (μ S.cm-1m-2) of the eluate from the monolith or crushed monolithMust be evaluated
Acid Neutralisation Capacity (ANC) of the crushed monolithMust be evaluated

(iii)    it has a mean unconfined compressive strength of at least 1Mpa after 28 days curing;

(iv)    it has either—

(aa)    dimensions of greater than 40cm along each side, or

(bb)    a depth and fracture spacing when hardened of greater than 40cm; and

(v)    where the waste was subjected to treatment to render it monolithic, prior to such treatment it met the following limit values—

(aa)    loss on ignition of 10%, or

(bb)    total organic carbon of 6%;

(b)    point 2.4.1 in the Decision Annex is to be read as if, in addition to the criteria listed, it requires the satisfaction of the following criteria in relation to monolithic waste to be accepted at a landfill for hazardous waste—

(i)    it complies with paragraphs (a)(ii) to (a)(v), and

(ii)    it meets either—

(aa)    the limit values for leaching set out in the table in point 2.4.1, or

(bb)    the limit values for leaching set out in the following table—

ComponentsSymbolmg/m2 (1)
ArsenicAs20
BariumBa150
CadmiumCd1
Total ChromiumCrtotal25
CopperCu60
MercuryHg0.4
MolybdenumMo20
NickelNi15
LeadPb20
AntimonySb2.5
SeleniumSe5
ZincZn100
ChlorideCl-20,000
FluorideF-200
SulphateSO42-20,000
Dissolved Organic CarbonDOCMust be evaluated
(1) The regulator may include conditions in an environmental permit authorising limit values for specific parameters (other than Dissolved Organic Carbon) up to 3 times higher for specified wastes accepted in a landfill, taking into account the characteristics of the landfill and its surroundings and provided a risk assessment demonstrates that emissions (including leachate) from the landfill will present no additional risk to the environment.

Closure of a landfill

10

(1)    The regulator must set out any reasoned decision under Article 13(a)(iii) of the Landfill Directive in a closure notice served on the operator.

(2)    A closure notice must, in addition to stating the regulator's reasons for requiring initiation of the closure procedure, specify—

(a)    the steps the operator is required to take to initiate the procedure; and

(b)    the period within which they must be taken.

(3)    The regulator may withdraw a closure notice at any time by further notice served on the operator.

(4)    Closure of a landfill does not relieve the operator of liability under the conditions of the environmental permit.

Surrender applications

11

When determining an application for the surrender, in whole or in part, of an environmental permit, the regulator must exercise its functions so as to ensure the operator complies with the requirements in Article 13(d) of the Landfill Directive.

NOTES
Initial Commencement
Specified date

Specified date (immediately after the coming into force of the Environmental Permitting (England and Wales) (Amendment) (No 2) Regulations 2009, SI 2009/3381): 6 April 2010: see reg 1(1)(b).

Land Protection93 Environmental Law93 Environment & Property98 Waste98 Real Property Law98

SCHEDULE 11 Waste Motor Vehicles

SCHEDULE 11Waste Motor Vehicles Regulation

Application

1

This Schedule applies in relation to waste motor vehicles.

Interpretation

2

(1)    In this Schedule—

“waste” means waste within the meaning of Article 1(1)(a) of the Waste Framework Directive; and

“waste motor vehicle” means a motor vehicle that is waste.

(2)    When interpreting the End-of-Life Vehicles Directive for the purposes of this Schedule—

(a)    except where otherwise defined in this paragraph, an expression that is defined in Part 1 of these Regulations has the meaning given in that Part;

(b)    “end-of-life vehicle” means waste motor vehicle;

(c)    “vehicle” means any motor vehicle;

(d)    “waste” means waste within the meaning of Article 1(1)(a) of the Waste Framework Directive.

Exercise of relevant functions

3

(1)    The regulator must exercise its relevant functions so as to ensure compliance with Article 6(1) and (3) of the End-of-Life Vehicles Directive.

(2)    When interpreting the End-of-Life Vehicles Directive for the purposes of this paragraph, “establishment or undertaking” is to be read as “operator”.

NOTES
Initial Commencement
Specified date

Specified date (immediately after the coming into force of the Environmental Permitting (England and Wales) (Amendment) (No 2) Regulations 2009, SI 2009/3381): 6 April 2010: see reg 1(1)(b).

SCHEDULE 12 Waste Electrical and Electronic Equipment

SCHEDULE 12Waste Electrical and Electronic Equipment Regulation

Application

1

This Schedule applies in relation to waste electrical and electronic equipment which is within the scope of the WEEE Directive by virtue of Article 2 of that Directive.

Interpretation

2

(1)    In this Schedule, “waste electrical and electronic equipment” has the meaning given in Article 3(b) of the WEEE Directive.

(2)    When interpreting the WEEE Directive for the purposes of this Schedule—

(a)    an expression that is defined in Part 1 of these Regulations has the meaning given in that Part;

(b)    “permit” means environmental permit; and

(c)    “waste” means waste within the meaning of Article 1(1)(a) of the Waste Framework Directive.

Exercise of relevant functions

3

(1)    The regulator must exercise its relevant functions so as to ensure compliance with Article 6(1) first paragraph and Article 6(3) and (4) of the WEEE Directive.

(2)    But when interpreting the WEEE Directive for the purposes of this paragraph, ignore the following words in Article 6(4)—

(a)    “or the registration referred to in paragraph 2”; and

(b)    “and for the achievement of the recovery targets set out in Article 7”.

NOTES
Initial Commencement
Specified date

Specified date (immediately after the coming into force of the Environmental Permitting (England and Wales) (Amendment) (No 2) Regulations 2009, SI 2009/3381): 6 April 2010: see reg 1(1)(b).

SCHEDULE 13 Waste Incineration

SCHEDULE 13Waste Incineration Regulation 35(2)(g)

Application

1

This Schedule applies in relation to every waste incineration installation.

Interpretation

2

(1)    In this Schedule, “waste incineration installation” means that part of an installation or Part A mobile plant in which any of the following activities is carried on—

(a)    the incineration of waste falling within the following provisions of Section 5.1 of Part 2 of Schedule 1—

(i)    paragraphs (a) to (c) of Part A(1), or

(ii)    paragraph (a) or (b) of Part A(2); or

(b)    any other activity falling within Part 2 of Schedule 1 which is carried on in a co-incineration plant (as that term is defined in Section 5.1 of Part 2 of Schedule 1).

(2)    When interpreting the Waste Incineration Directive for the purposes of this Schedule—

(a)    an expression that is defined in Section 5.1 of Part 2 of Schedule 1 has the meaning given in that Section;

(b)    except where also defined in Section 5.1 of Part 2 of Schedule 1, an expression that is defined in Part 1 of these Regulations has the meaning given in that Part;

(c)    “permit” means environmental permit; and

(d)    the competent authority is the regulator.

Applications for the grant of an environmental permit

3

The regulator must require that every application for the grant of an environmental permit includes the information specified in Article 4(2) of the Waste Incineration Directive.

Exercise of relevant functions

4

(1)    The regulator must exercise its relevant functions so as to ensure compliance with the following provisions of the Waste Incineration Directive—

(a)    Article 4(3) to (5);

(b)    Article 5;

(c)    Article 6, except the last indent of 6(4);

(d)    Article 7(1) to (4);

(e)    Article 8(1) to (7);

(f)    Article 9;

(g)    Article 10;

(h)    Article 11, except for 11(1) and (13);

(i)    Article 12(2), to the extent that it relates to the provision of annual reports by the operator;

(j)    Article 13.

(2)    But when interpreting the Waste Incineration Directive for the purposes of this paragraph—

(a)    in Article 6(4), ignore the words “Member States may lay down rules governing these authorisations” in both places they occur;

(b)    in Article 11(1), ignore the words “either” and “or by general binding rules”;

(c)    Article 11(2)(c) is to be read as if the words “and dioxin-like polychlorinated biphenyls and poly-cyclic aromatic hydrocarbons” appeared after the word “furans”; and

(d)    Annex V is to be read as if every reference to an exemption which “may” be authorised by the competent authority was a reference to an exemption which “must” be authorised by the competent authority.

NOTES
Initial Commencement
Specified date

Specified date (immediately after the coming into force of the Environmental Permitting (England and Wales) (Amendment) (No 2) Regulations 2009, SI 2009/3381): 6 April 2010: see reg 1(1)(b).

Environment & Property99 Real Property Law99 Waste99

SCHEDULE 14 SED Installations

SCHEDULE 14SED Installations Regulation 35(2)(h)

Application

1

This Schedule applies in relation to every SED installation.

Interpretation

2

(1)    In this Schedule—

“directly associated activity”, in relation to a SED activity, means an operation which—

(a)    has a technical connection with the SED activity,

(b)    is carried on on the same site as the SED activity, and

(c)    could have an effect on a discharge of volatile organic compounds into the environment;

“SED installation” means—

(a)    a stationary technical unit where one or more SED activities are carried on, and

(b)    any other location on the same site where any other directly associated activities are carried on; and

“the Solvent Emissions Directive” means Council Directive 1999/13/EC on the limitation of emissions of volatile organic compounds due to the use of organic solvents in certain activities and installations.

(2)    When interpreting the Solvent Emissions Directive for the purposes of this Schedule—

(a)    an expression that is defined in Section 7 of Part 2 of Schedule 1 has the meaning given in that Section;

(b)    except where also defined in that Section or in this paragraph, an expression that is defined in Part 1 of these Regulations has the meaning given in that Part;

(c)    “authorisation” means environmental permit;

(d)    “emission” has the meaning given in the Solvent Emissions Directive;

(e)    “installation” means SED installation;

(f)    the competent authority is the regulator.

Exercise of relevant functions

3

(1)    The regulator must exercise its relevant functions so as to ensure compliance with the following provisions of the Solvent Emissions Directive—

(a)    Article 4(4);

(b)    Article 5, except for the last sentence of 5(3), and 5(13);

(c)    Article 7(2);

(d)    Article 8(1) to (4);

(e)    Article 9;

(f)    Article 10.

(2)    When interpreting the Solvent Emissions Directive for the purposes of this paragraph—

(a)    in Article 5(1), ignore the words “either” and “or by general binding rules”;

(b)    in Article 7(2), ignore the words “and during the formulation of general binding rules”; and

(c)    in point 1 of Annex IIB, ignore the last sentence.

NOTES
Initial Commencement
Specified date

Specified date (immediately after the coming into force of the Environmental Permitting (England and Wales) (Amendment) (No 2) Regulations 2009, SI 2009/3381): 6 April 2010: see reg 1(1)(b).

SCHEDULE 15 Large Combustion Plants

SCHEDULE 15Large Combustion Plants Regulation 35(2)(i)

Application

1

This Schedule applies in relation to every combustion plant to which the Large Combustion Plants Directive applies by virtue of Article 1 of that Directive.

Interpretation

2

(1)    In this Schedule—

“combustion plant” has the meaning given in Article 2(7) of the Large Combustion Plants Directive;

“existing plant” has the meaning given in Article 2(10) of the Large Combustion Plants Directive; and

“the Large Combustion Plants Directive” means Directive 2001/80/EC of the European Parliament and of the Council on the limitation of emissions of certain pollutants into the air from large combustion plants.

(2)    When interpreting the Large Combustion Plants Directive for the purposes of this Schedule—

(a)    except where also defined in this paragraph, an expression that is defined in Part 1 of these Regulations has the meaning given in that Part;

(b)    the competent authority is—

(i)    for the purposes of exercising a judgment of whether there is an overriding need to maintain energy supplies under Article 7(1) or (3) of the Large Combustion Plants Directive, the appropriate authority,

(ii)    otherwise, the regulator;

(c)    the national emission reduction plan referred to in Article 4(6) of the Large Combustion Plants Directive is the emission plan, as amended from time to time, published under regulation 4(1) of the Large Combustion Plants (National Emission Reduction Plan) Regulations 2007;

(d)    “emission” has the meaning given in the Large Combustion Plants Directive;

(e)    “licence” means environmental permit;

(f)    “permit” means environmental permit; and

(g)    in Article 4(4), ignore the words “and from their inclusion in the national emission reduction plan”.

Exercise of relevant functions

3

(1)    The regulator must exercise its relevant functions so as to ensure compliance with the following provisions of the Large Combustion Plants Directive—

(a)    Article 4(1), (2) and (4);

(b)    Article 5(1);

(c)    Article 6;

(d)    Article 7, except the last sentence of 7(2) and the last sentence of 7(3);

(e)    Article 8;

(f)    Article 9;

(g)    Article 10;

(h)    Article 12;

(i)    Article 13;

(j)    Article 14(1), (2) and (4).

(2)    The regulator must—

(a)    exercise its relevant functions in relation to a regulated facility which—

(i)    is an existing plant, and

(ii)    elects to comply with the emission limit values established under Article 4(1) of the Large Combustion Plants Directive,

so as to ensure compliance with Article 4(3)(a) of that Directive; and

(b)    exercise its relevant functions in relation to a regulated facility which is included in the national emission reduction plan referred to in Article 4(6) of the Large Combustion Plants Directive so as to ensure compliance with Article 4(3)(b) of that Directive, to the extent that such compliance is not ensured by the Large Combustion Plants (National Emission Reduction Plan) Regulations 2007.

(3)    The regulator must—

(a)    immediately inform the appropriate authority of any suspension under Article 7(2) or derogation under Article 7(3) of the Large Combustion Plants Directive;

(b)    immediately inform the appropriate authority if it considers that the appropriate authority must make a judgment of whether there is an overriding need to maintain energy supplies under Article 7(1) or (3) of the Large Combustion Plants Directive; and

(c)    exercise its relevant functions in relation to such a judgment in accordance with the decision of that authority.

NOTES
Initial Commencement
Specified date

Specified date (immediately after the coming into force of the Environmental Permitting (England and Wales) (Amendment) (No 2) Regulations 2009, SI 2009/3381): 6 April 2010: see reg 1(1)(b).

SCHEDULE 16 Asbestos

SCHEDULE 16Asbestos Regulation 35(2)(j)

Application

1

This Schedule applies in relation to every regulated facility.

Interpretation

2

(1)    In this Schedule, “the Asbestos Directive” means Council Directive 87/217/EEC on the prevention and reduction of environmental pollution by asbestos.

(2)    When interpreting the Asbestos Directive for the purposes of this Schedule—

(a)    except where otherwise defined in this paragraph, an expression that is defined in Part 1 of these Regulations has the meaning given in that Part;

(b)    the competent authority is the regulator;

(c)    “waste” has the meaning given in the Asbestos Directive.

Exercise of relevant functions

3

(1)    The regulator must exercise its relevant functions so as to ensure compliance with the following provisions of the Asbestos Directive—

(a)    Article 3;

(b)    Article 4(1);

(c)    Article 5;

(d)    Article 6(1) and (2);

(e)    Article 8.

(2)    When interpreting the Asbestos Directive for the purposes of this paragraph, in Article 6(1), “regular intervals” means, for the purposes of a regulated facility to which Article 4 applies, intervals of not more than 6 months.

NOTES
Initial Commencement
Specified date

Specified date (immediately after the coming into force of the Environmental Permitting (England and Wales) (Amendment) (No 2) Regulations 2009, SI 2009/3381): 6 April 2010: see reg 1(1)(b).

SCHEDULE 17 Titanium Dioxide

SCHEDULE 17Titanium Dioxide Regulation 35(2)(k)

Application

1

This Schedule applies in relation to every regulated facility where the chlorine process or the sulphate process is carried on.

Interpretation

2

(1)    In this Schedule—

“the Titanium Dioxide Directive” means Council Directive 92/112/EEC on procedures for harmonizing the programmes for the reduction and eventual elimination of pollution caused by waste from the titanium dioxide industry; and

“chlorine process” and “sulphate process” have the same meaning as in Article 2 of the Titanium Dioxide Directive.

(2)    When interpreting the Titanium Dioxide Directive for the purposes of this Schedule, an expression that is defined in Part 1 of these Regulations has the meaning given in that Part.

Exercise of relevant functions

3

The regulator must exercise its relevant functions so as to ensure compliance with the following provisions of the Titanium Dioxide Directive—

(a)    Article 4;

(b)    Article 6;

(c)    Article 9;

(d)    Article 10;

(e)    Article 11.

NOTES
Initial Commencement
Specified date

Specified date (immediately after the coming into force of the Environmental Permitting (England and Wales) (Amendment) (No 2) Regulations 2009, SI 2009/3381): 6 April 2010: see reg 1(1)(b).

SCHEDULE 18 Petrol Vapour Recovery

SCHEDULE 18Petrol Vapour Recovery Regulation 35(2)(l)

Application

1

This Schedule applies in relation to every Part B activity falling within paragraphs (b) and (c) of Part B of Section 1.2 of Part 2 of Schedule 1.

Interpretation

2

In this Schedule, “the Petrol Vapour Recovery Directive” means European Parliament and Council Directive 94/63/EC on the control of volatile organic compound (VOC) emissions resulting from the storage of petrol and its distribution from terminals to service stations.

Exercise of relevant functions

3

(1)    The regulator must exercise its relevant functions so as to ensure compliance with the following provisions of the Petrol Vapour Recovery Directive—

(a)    Article 3(1), first paragraph;

(b)    Article 4(1), first and last paragraphs, and 4(3);

(c)    Article 6(1), first paragraph.

(2)    When interpreting the Petrol Vapour Recovery Directive for the purposes of this paragraph—

(a)    in point 1 of Annex I, “special landscape areas which have been designated by national authority” includes the Broads, the New Forest and any National Park or Area of Outstanding Natural Beauty; and

(b)    ignore points 2.3, 3.2 and 3.5 of Annex IV.

NOTES
Initial Commencement
Specified date

Specified date (immediately after the coming into force of the Environmental Permitting (England and Wales) (Amendment) (No 2) Regulations 2009, SI 2009/3381): 6 April 2010: see reg 1(1)(b).

Real Property Law94 Areas of Outstanding Natural Beauty94 Open Spaces & Countryside94

SCHEDULE 19 Waste Batteries and Accumulators

SCHEDULE 19Waste Batteries and Accumulators Regulation 35(2)(m)

Application

1

This Schedule applies in relation to waste batteries and accumulators.

Exercise of relevant functions

2

The regulator must exercise its relevant functions so as to ensure compliance with Article 12(2) of the Batteries Directive.

NOTES
Initial Commencement
Specified date

Specified date (immediately after the coming into force of the Environmental Permitting (England and Wales) (Amendment) (No 2) Regulations 2009, SI 2009/3381): 6 April 2010: see reg 1(1)(b).

SCHEDULE 20 Mining Waste Operations

SCHEDULE 20Mining Waste Operations Regulation 35(2)(n)

Application

1

This Schedule applies in relation to every mining waste operation.

Interpretation

2

(1)    In this Schedule—

“mining waste facility” means a “waste facility” as defined in Article 3(15) of the Mining Waste Directive but excludes those facilities mentioned in Article 24(2) or in the first paragraph of Article 24(4) of that Directive;

“mining waste operation” means the management of extractive waste, whether or not involving a mining waste facility, but does not include the activities in Article 2(2)(c) of the Mining Waste Directive;

“relevant emergency planner” means, in relation to an application for a mining waste facility that is located in—

(a)    London, the London Fire and Emergency Planning Authority,

(b)    an area where there is a fire and civil defence authority, that authority,

(c)    the Isles of Scilly, the Council of the Isles of Scilly,

(d)    an area in the rest of England, the county council for that area or where there is no county council for that area, the district council for that area,

(e)    an area in Wales, the county council or county borough council for that area; and

“waste management plan” means a plan of the type described in Article 5(1) of the Mining Waste Directive which has the objectives in Article 5(2) and contains the elements and information set out in Article 5(3) of that Directive.

(2)    When interpreting the Mining Waste Directive for the purposes of this Schedule—

(a)    except where otherwise defined in this paragraph, an expression that is defined in Part 1 of these Regulations has the meaning given in that Part;

(b)    “permit” means an environmental permit; and

(c)    the competent authority is the regulator.

Applications for grant or variation of an environmental permit

3

(1)    The regulator must require that every application for the grant or variation of an environmental permit in relation to a mining waste operation involving a mining waste facility to which Article 7 of the Mining Waste Directive applies includes—

(a)    the information specified in Article 7(2) of that Directive; and

(b)    where Article 6 of the Directive applies, the information mentioned in the second sentence of the third paragraph of Article 6(3).

(2)    Where the regulator receives an application for the grant or variation of an environmental permit and that application includes the information required under sub-paragraph (1)(b), the regulator must immediately forward the information to the relevant emergency planner.

(3)    The regulator must require that every application for the grant or variation of an environmental permit in relation to any other mining waste operation includes a waste management plan.

(4)    For the purposes of this paragraph, the regulator may accept a waste management plan produced pursuant to other legislation which complies with Article 5(1) to (4) of the Mining Waste Directive if it has been reviewed and amended in accordance with Article 5(4) of that Directive.

Review of environmental permits

4

The regulator must periodically review an environmental permit relating to a mining waste facility if Article 7 of the Mining Waste Directive applies in respect of that facility and any of the circumstances in Article 7(4) of the Directive apply in relation to it.

Classification of mining waste facilities

5

The regulator must exercise its functions so as to ensure compliance with Article 9 of the Mining Waste Directive in respect of any mining waste facility to which Article 7 of that Directive does not apply.

Inspections

6

The regulator must inspect every mining waste facility to which Article 7 of the Mining Waste Directive applies so as to comply with the requirements of Article 17(1) of that Directive.

Exercise of relevant functions

7

The regulator must exercise its relevant functions so as to ensure compliance with the following requirements of the Mining Waste Directive—

(a)    Article 2(4);

(b)    Article 4;

(c)    Article 5(4) and (6);

(d)    Article 6(2), the first and second paragraphs of Article 6(3), the first paragraph of Article 6(4) to the extent that it relates to plans prepared under the first paragraph of Article 6(3) and the second paragraph of Article 6(4) to the extent that it relates to the regulator's functions;

(e)    Article 7(1) and (3)(a);

(f)    Article 10;

(g)    Article 11;

(h)    Article 12;

(i)    Article 13;

(j)    Article 14 (1) to (3);

(k)    Article 17(2);

(l)    Article 24(1).

Public participation

8

The regulator must exercise its functions under the public participation provisions in relation to mining waste facilities to which Article 7 of the Mining Waste Directive applies so as to meet the requirements of Article 8 of that Directive.

Derogation from requirements

9

(1)    The regulator must exercise its functions to ensure that the requirements mentioned in the first paragraph of Article 2(3) of the Mining Waste Directive do not apply to the substances mentioned in that paragraph where they result from an operation mentioned in that paragraph, to the extent allowed by that paragraph.

(2)    The regulator must waive the requirements of the Mining Waste Directive in relation to the deposit of the substances mentioned in the second paragraph of Article 2(3) of that Directive if the regulator is satisfied that the requirements of Article 4 of that Directive are met.

(3)    The regulator must waive the requirements mentioned in the third paragraph of Article 2(3) of the Mining Waste Directive in relation to the waste mentioned in that paragraph to the extent allowed by that paragraph.

Closure of a mining waste facility

10

(1)    The regulator must set out any reasoned decision under Article 12(2)(c) of the Mining Waste Directive in a closure notice served on the operator.

(2)    A closure notice must, in addition to stating the regulator's reasons for requiring initiation of the closure procedure, specify—

(a)    the steps the operator is required to take to initiate the procedure; and

(b)    the period within which they must be taken.

(3)    The regulator may withdraw a closure notice at any time by further notice served on the operator.

(4)    Closure of a mining waste facility does not relieve the operator of liability under the environmental permit conditions that relate to the facility.

(5)    The regulator must exercise its functions so as to ensure compliance with Article 14(4) of the Mining Waste Directive.

Inventory of closed mining waste facilities

11

The regulator must maintain and make available to the public an inventory of closed mining waste facilities so as to ensure compliance with Article 20 of the Mining Waste Directive.

Developments in best available techniques

12

(1)    The regulator must ensure that it is informed of developments in best available techniques.

(2)    In this paragraph, “best available techniques” has the meaning given in Article 2(12) of the IPPC Directive.

Planning permission requirements and conditions

13

(1)    Following an application under regulation 13(1), the regulator must not grant an environmental permit in relation to a mining waste facility to which Article 7 of the Mining Waste Directive applies if use of the site as a mining waste facility requires planning permission and no such permission is in force.

(2)    Where—

(a)    a mining waste operation is the subject of an environmental permit;

(b)    that operation has been granted planning permission subject to conditions (“planning conditions”); and

(c)    there is an inconsistency between the environmental permit conditions and the planning conditions,

the environmental permit conditions prevail.

(3)    In this paragraph, “planning permission” means planning permission under the Town and Country Planning Act 1990 and includes—

(a)    a certificate under section 191 of that Act; and

(b)    an established use certificate under section 192 of that Act, as originally enacted, which continues to have effect for the purposes of subsection (4) of that section.

Applications for grant or variation of an environmental permit for a Category A mining waste facility

14

(1)    The regulator must not grant an application for the grant or variation of an environmental permit relating to a Category A mining waste facility until it has been notified by the relevant emergency planner that it has the information necessary to enable it to draw up an external emergency plan.

(2)    The regulator must refuse an application relating to a Category A mining waste facility that is an existing mining waste facility upon receipt of a notice by the relevant emergency planner stating that the operator has not provided the information necessary to enable the relevant emergency planner to draw up an external emergency plan.

(3)    In this paragraph, “external emergency plan” means a plan as required under the third paragraph of Article 6(3) of the Mining Waste Directive that has the objectives specified in the first paragraph of Article 6(4) of that Directive.

NOTES
Initial Commencement
Specified date

Specified date (immediately after the coming into force of the Environmental Permitting (England and Wales) (Amendment) (No 2) Regulations 2009, SI 2009/3381): 6 April 2010: see reg 1(1)(b).

Natural Resources, Energy & Utilities Law95 Health & Safety92 Planning99 Land Protection94 Environmental Law94 Construction Law99 Mines, Minerals & Quarries95 Local Government99

SCHEDULE 21 Water Discharge Activities

SCHEDULE 21Water Discharge Activities Regulation 35(2)(o)

Application

1

This Schedule applies in relation to every water discharge activity.

Interpretation

2

In this Schedule—

“discharging sewer” means the sewer or works from which sewage effluent is discharged;

“discharging undertaker” means the sewerage undertaker in which a discharging sewer is vested;

“main connection” has the same meaning as in section 110A of the Water Industry Act 1991;

“pipe” has the same meaning as in the 1991 Act;

“sending undertaker” means a sewerage undertaker which discharges sewage effluent into the discharging sewer or other sewer or works vested in the discharging undertaker; and

“waste” in the term “waste matter” includes—

(a)    anything that is waste for the purposes of the Waste Framework Directive and is not excluded from the scope of that Directive by Article 2(1) of that Directive,

(b)    anything that is waste for the purposes of the Mining Waste Directive and is not excluded from the scope of that Directive by Article 2(2) of that Directive.

Meaning of “water discharge activity”

3

(1)    A “water discharge activity” means any of the following—

(a)    the discharge or entry to inland freshwaters, coastal waters or relevant territorial waters of any—

(i)    poisonous, noxious or polluting matter,

(ii)    waste matter, or

(iii)    trade effluent or sewage effluent;

(b)    the discharge from land through a pipe into the sea outside the seaward limits of relevant territorial waters of any trade effluent or sewage effluent;

(c)    the removal from any part of the bottom, channel or bed of any inland freshwaters of a deposit accumulated by reason of any dam, weir or sluice holding back the waters, by causing it to be carried away in suspension in the waters, unless the activity is carried on in the exercise of a power conferred by or under any enactment relating to land drainage, flood prevention or navigation;

(d)    the cutting or uprooting of a substantial amount of vegetation in any inland freshwaters or so near to any such waters that it falls into them and failure to take reasonable steps to remove the vegetation from these waters;

(e)    an activity in respect of which a notice under paragraph 4 or 5 has been served and has taken effect.

(2)    A discharge or an activity that might lead to a discharge is not a “water discharge activity”—

(a)    if the discharge is made, or authorised to be made, by or under any prescribed statutory provision; or

(b)    if the discharge is of trade effluent or sewage effluent from a vessel.

(3)    In determining whether a discharge or an activity is a water discharge activity, no account must be taken of any radioactivity possessed by any substance or article or by any part of any premises.

Highway drains—notice requiring environmental permit

4

(1)    This paragraph applies where—

(a)    a person is operating a highway drain; and

(b)    that activity might lead to a discharge mentioned in paragraph 3(1)(a) or (b).

(2)    The regulator may serve a notice on the person operating the highway drain requiring the person, from the date the notice takes effect, to hold an environmental permit authorising the carrying on of that activity.

(3)    A notice under this paragraph takes effect on the date specified in it, which must be at least 6 months after it is served.

Discharge of trade effluent or sewage effluent into lake or pond—notice requiring environmental permit

5

(1)    The regulator may serve a notice on a person who discharges trade effluent or sewage effluent into the waters of any lake or pond which are not inland freshwaters requiring the person, from the date the notice takes effect, to hold an environmental permit authorising the carrying on of that activity.

(2)    A notice under this paragraph takes effect on the date specified in it, which must be at least 3 months after it is served.

Liability resulting from discharge of sewage effluent from public sewer

6

(1)    This paragraph applies for the purpose of determining liability for a water discharge activity that consists of a discharge of sewage effluent from a discharging sewer vested in a discharging undertaker.

(2)    A discharging undertaker causes a discharge of sewage effluent if—

(a)    matter included in the discharge is received by the discharging undertaker into the discharging sewer or into any other sewer or works vested in it;

(b)    the discharging undertaker was bound (either unconditionally or subject to conditions which were observed) to receive the matter into the discharging sewer or other sewer or works; and

(c)    sub-paragraph (3) does not apply.

(3)    This sub-paragraph applies if, before the discharging undertaker discharges the sewage effluent from the discharging sewer, the sending undertaker, under an agreement with the discharging undertaker under section 110A of the Water Industry Act 1991, discharges the sewage effluent through a main connection into—

(a)    the discharging sewer; or

(b)    any other sewer or works vested in the discharging undertaker.

(4)    If sub-paragraph (3) applies, the sending undertaker causes the discharge if—

(a)    matter included in the discharge is received by the sending undertaker into a sewer or works vested in it; and

(b)    it was bound (either conditionally or subject to conditions which were observed) to receive that matter into that sewer or works.

(5)    A sewerage undertaker is not guilty of an offence under regulation 38(1) in relation to a water discharge activity that consists of a discharge of sewage effluent from a sewer or works vested in it if—

(a)    the contravention is attributable to a discharge which another person caused or knowingly permitted to be made into the sewer or works;

(b)    the undertaker either was not bound to receive the discharge into the sewer or works or was bound to receive it there subject to conditions which were not observed; and

(c)    the undertaker could not reasonably have been expected to prevent the discharge into the sewer or works.

(6)    A person is not guilty of an offence under regulation 38(1) in relation to a discharge which the person caused or knowingly permitted to be made into a sewer or works vested in a sewerage undertaker if that undertaker was bound to receive the discharge, either unconditionally or subject to conditions which were observed.

NOTES
Initial Commencement
Specified date

Specified date (immediately after the coming into force of the Environmental Permitting (England and Wales) (Amendment) (No 2) Regulations 2009, SI 2009/3381): 6 April 2010: see reg 1(1)(b).

Transport Law99 Admiralty, Shipping & Navigation99 Health & Safety92 Commercial Law99

SCHEDULE 22 Groundwater Activities

SCHEDULE 22Groundwater Activities Regulation 35(2)(p)

Application

1

This Schedule applies in relation to every groundwater activity.

Interpretation

2

In this Schedule—

“body of groundwater” has the same meaning as in the Water Framework Directive;

“direct input” in relation to groundwater means the introduction of a pollutant to groundwater without percolation through soil or subsoil;

“Groundwater Daughter Directive” means Directive 2006/118/EC of the European Parliament and of the Council on the protection of groundwater against pollution and deterioration;

“Groundwater Directive” means Council Directive 80/68/EEC on the protection of groundwater against pollution caused by certain dangerous substances;

“indirect input” in relation to groundwater means the introduction of a pollutant to groundwater after percolation through soil or subsoil; and

“surface waters” has the same meaning as in the Water Framework Directive.

Meaning of “groundwater activity”

3

(1)    Subject to sub-paragraphs (2) and (3), “groundwater activity” means any of the following—

(a)    the discharge of a pollutant that results in the direct input of that pollutant to groundwater;

(b)    the discharge of a pollutant in circumstances that might lead to an indirect input of that pollutant to groundwater;

(c)    any other discharge that might lead to the direct or indirect input of a pollutant to groundwater;

(d)    an activity in respect of which a notice under paragraph 10 has been served and has taken effect;

(e)    an activity that might lead to a discharge mentioned in paragraph (a), (b) or (c), where that activity is carried on as part of the operation of a regulated facility of another class.

(2)    A discharge or an activity that might lead to a discharge is not a “groundwater activity” if the discharge is—

(a)    made, or authorised to be made, by or under any prescribed statutory provision; or

(b)    of trade effluent or sewage effluent from a vessel.

(3)    The regulator may determine that a discharge, or an activity that might lead to a discharge, is not a groundwater activity if the input of the pollutant—

(a)    is the consequence of an accident or exceptional circumstances of natural cause that could not reasonably have been foreseen, avoided or mitigated;

(b)    is or would be of a quantity and concentration so small as to obviate any present or future danger of deterioration in the quality of the receiving groundwater; or

(c)    is or would be incapable, for technical reasons, of being prevented or limited without using—

(i)    measures that would increase risks to human health or to the quality of the environment as a whole, or

(ii)    disproportionately costly measures to remove quantities of pollutants from, or otherwise control their percolation in, contaminated ground or subsoil.

(4)    The regulator must keep a record of all determinations under sub-paragraph (3).

Meaning of “hazardous substance”

4

(1)    A hazardous substance is any substance or group of substances that are toxic, persistent and liable to bio-accumulate.

(2)    This includes in particular the following when they are toxic, persistent and liable to bio-accumulate—

(a)    organohalogen compounds and substances which may form such compounds in the aquatic environment,

(b)    organophosphorous compounds,

(c)    organotin compounds,

(d)    substances and preparations, or the breakdown products of such, which have been proved to possess carcinogenic or mutagenic properties or properties which may affect steroidogenic, thyroid, reproduction or other endocrine-related functions in or via the aquatic environment,

(e)    persistent hydrocarbons and persistent and bioaccumulable organic toxic substances,

(f)    cyanides,

(g)    metals (in particular, cadmium and mercury) and their compounds,

(h)    arsenic and its compounds,

(i)    biocides and plant protection products.

(3)    The regulator must publish a list of substances that it considers to be hazardous substances.

Meaning of “non-hazardous pollutant”

5

A non-hazardous pollutant is any pollutant other than a hazardous substance.

Exercise of relevant functions

6

For the purposes of implementing the Groundwater Directive, the Water Framework Directive and the Groundwater Daughter Directive, the regulator must, in exercising its relevant functions, take all necessary measures—

(a)    to prevent the input of any hazardous substance to groundwater; and

(b)    to limit the input of non-hazardous pollutants to groundwater so as to ensure that such inputs do not cause pollution of groundwater.

Applications for grant of environmental permit

7

(1)    This paragraph applies to an application for the grant of an environmental permit relating to—

(a)    a discharge mentioned in paragraph 3(1)(a), (b) or (c); or

(b)    an activity that might lead to such a discharge.

(2)    When the regulator receives an application, it must ensure that all necessary investigations have been carried out to ensure that it grants any permit in accordance with paragraph 6.

(3)    If it grants the permit, it must include conditions requiring all necessary technical precautions to be observed to ensure the objectives of paragraph 6 are achieved.

(4)    A permit may not be granted—

(a)    without examination of—

(i)    the hydrogeological conditions of the area concerned,

(ii)    the possible purifying powers of the soil and subsoil, and

(iii)    the risk of pollution and alteration of the quality of the groundwater from the discharge, and

(b)    without establishing whether the input of pollutants to groundwater is a satisfactory solution from the point of view of the environment.

(5)    A permit may only be granted if the regulator has checked that the groundwater (and, in particular, its quality) will undergo the requisite surveillance.

Groundwater activities for which a permit may be granted

8

Despite paragraph 6, provided it does not compromise the achievement of any of the environmental objectives relating to groundwater in Article 4 of the Water Framework Directive, the regulator may grant an environmental permit for—

(a)    the injection of water containing substances resulting from the operations for exploration and extraction of hydrocarbons or mining activities, and injection of water for technical reasons, into geological formations from which hydrocarbons or other substances have been extracted or into geological formations which for natural reasons are permanently unsuitable for other purposes, provided that the injection does not contain substances other than those resulting from the above operations,

(b)    the reinjection of pumped groundwater from mines and quarries or associated with the construction or maintenance of civil engineering works,

(c)    the injection of natural gas or liquefied petroleum gas for storage purposes into geological formations which for natural reasons are permanently unsuitable for other purposes,

(d)    the injection of natural gas or liquefied petroleum gas for storage purposes into other geological formations where there is an overriding need for security of gas supply, and where the injection is such as to prevent any present or future danger of deterioration in the quality of any receiving groundwater,

(e)    construction, civil engineering and building works and similar activities on or in the ground which come into contact with groundwater,

(f)    discharges of small quantities of substances for scientific purposes for characterisation, protection or remediation of bodies of water limited to the amount strictly necessary for the purposes concerned,

(g)    interventions in surface waters for the purposes, amongst others, of mitigating the effects of floods and droughts, and for the management of waters and waterways,

(h)    the artificial recharge or augmentation of a body of groundwater for the purposes of groundwater management,

(i)    reinjection into the same aquifer of water used for geothermal purposes.

Prohibition notice

9

(1)    This paragraph applies where—

(a)    any person is carrying on, or proposing to carry on, any activity on or in the ground; and

(b)    that activity might lead to a discharge mentioned in paragraph 3(1)(a), (b) or (c).

(2)    The regulator may serve a notice on the person prohibiting the carrying on of the activity.

(3)    The regulator may withdraw a prohibition notice at any time by further notice served on the person.

Notice requiring environmental permit

10

(1)    This paragraph applies where—

(a)    any person is carrying on, or proposing to carry on, any activity on or in the ground; and

(b)    that activity might lead to a discharge mentioned in paragraph 3(1)(a), (b) or (c).

(2)    The regulator may serve a notice on the person requiring the person, from the date the notice takes effect, to hold an environmental permit authorising the carrying on of the activity.

(3)    A notice under paragraph (1) takes effect on the date specified in it, but—

(a)    a notice served for the purpose of paragraph 11 must not take effect until at least 6 months after it is served; and

(b)    a notice served for the purpose of paragraph 12, or for any other purpose, must not take effect until at least 3 months after it is served.

Notice in relation to a highway drain

11

A highway authority or other person entitled to keep open a highway drain by virtue of section 100 of the 1980 Act who operates a highway drain other than under and in accordance with an environmental permit is not guilty of an offence under regulation 38(1) unless—

(a)    the regulator has served a notice on that person under paragraph 10 of this Schedule; and

(b)    the notice has taken effect.

Notice in relation to a domestic septic tank or sewage treatment plant

12

Before 1st January 2012, a person who, other than under and in accordance with an environmental permit, uses a septic tank or sewage treatment plant with a discharge of 2 cubic metres per day or less of sewage effluent that results in the input of pollutants to groundwater is not guilty of an offence under regulation 38(1) unless—

(a)    the regulator has served a notice on that person under paragraph 10 of this Schedule; and

(b)    the notice has taken effect.

Guidance

13

(1)    The appropriate authority may issue guidance to persons causing or liable to cause inputs of pollutants to groundwater with respect to the steps they must take to prevent or limit those pollutants from entering groundwater.

(2)    The regulator must take into account whether or not such guidance is or is likely to be complied with before taking any enforcement action under these Regulations.

(3)    Guidance must be publicised as the appropriate authority sees fit.

Liability resulting from discharge of sewage effluent from public sewer

14

(1)    This paragraph applies for the purpose of determining liability for a groundwater activity that consists of a discharge of sewage effluent from a discharging sewer vested in a discharging undertaker.

(2)    A discharging undertaker causes a discharge of sewage effluent if—

(a)    matter included in the discharge is received by the discharging undertaker into the discharging sewer or into any other sewer or works vested in it;

(b)    the discharging undertaker was bound (either unconditionally or subject to conditions which were observed) to receive the matter into the discharging sewer or other sewer or works; and

(c)    sub-paragraph (3) does not apply.

(3)    This sub-paragraph applies if, before the discharging undertaker discharges the sewage effluent from the discharging sewer, the sending undertaker, under an agreement with the discharging undertaker under section 110A of the Water Industry Act 1991, discharges the sewage effluent through a main connection into—

(a)    the discharging sewer; or

(b)    any other sewer or works vested in the discharging undertaker.

(4)    If sub-paragraph (3) applies, the sending undertaker causes the discharge if—

(a)    matter included in the discharge was received by the sending undertaker into a sewer or works vested in it; and

(b)    it was bound (either conditionally or subject to conditions which were observed) to receive that matter into that sewer or works.

(5)    A sewerage undertaker is not guilty of an offence under regulation 38(1) in relation to a groundwater activity that consists of a discharge of sewage effluent from a sewer or works vested in it if—

(a)    the contravention is attributable to a discharge which another person caused or knowingly permitted to be made into the sewer or works;

(b)    the undertaker either was not bound to receive the discharge into the sewer or works or was bound to receive it there subject to conditions which were not observed; and

(c)    the undertaker could not reasonably have been expected to prevent the discharge into the sewer or works.

(6)    A person is not guilty of an offence under regulation 38(1) in relation to a discharge which the person caused or knowingly permitted to be made into a sewer or works vested in a sewerage undertaker if that undertaker was bound to receive the discharge, either unconditionally or subject to conditions which were observed.

NOTES
Initial Commencement
Specified date

Specified date (immediately after the coming into force of the Environmental Permitting (England and Wales) (Amendment) (No 2) Regulations 2009, SI 2009/3381): 6 April 2010: see reg 1(1)(b).

Highways89 Transport Law89 Health & Safety89 Local Government89

SCHEDULE 24 Public Registers

SCHEDULE 24Public Registers Regulation 46(1)

Matters to be included in a public register

1

(1)    A public register must contain a copy of—

(a)    every application for—

(i)    the grant of an environmental permit,

(ii)    the variation of an environmental permit,

(iii)    the transfer of an environmental permit in whole or in part, or

(iv)    the surrender of an environmental permit in whole or in part;

(b)    every notice requesting further information under paragraph 4(1) of Part 1 of Schedule 5;

(c)    all representations made in respect of an application for the grant or variation of an environmental permit;

(d)    every environmental permit, variation, transfer in whole or in part, or surrender in whole or in part granted or made by the regulator;

(e)    every determination or decision notified under paragraph 17(2)(a) of Part 1 of Schedule 5;

(f)    every prohibition notice, enforcement notice, revocation notice, suspension notice, landfill closure notice, mining waste facility closure notice or notice withdrawing such a notice served by the regulator;

(g)    in relation to an appeal to an appropriate authority, every—

(i)    notice of appeal,

(ii)    document relating to the appeal,

(iii)    representation made in respect of the appeal, and

(iv)    determination of the authority, including any report accompanying that determination;

(h)    all information obtained by the regulator—

(i)    as a result of its own monitoring,

(ii)    as a result of monitoring required under an environmental permit condition, or

(iii)    under regulation 60 in relation to monitoring;

(i)    all other information given to the regulator in compliance with—

(i)    an environmental permit condition,

(ii)    an enforcement notice,

(iii)    a suspension notice,

(iv)    a landfill closure notice,

(v)    a mining waste facility closure notice, or

(vi)    regulation 60;

(j)    every report published by the regulator relating to an assessment of the environmental consequences of the operation of an installation;

(k)    every direction given to the regulator or the exemption registration authority by an appropriate authority under these Regulations, other than a direction given under regulation 47 or paragraph 9 of Schedule 2.

(2)    A public register must also contain—

(a)    details of any conviction or formal caution for an offence under regulation 38 in respect of an environmental permit granted by the regulator or a failure to apply to the regulator for the grant of an environmental permit;

(b)    an inventory of closed mining waste facilities as required under Article 20 of the Mining Waste Directive;

(c)    a list identifying all waste incineration installations—

(i)    which have a capacity of less than 2 tonnes per hour, and

(ii)    whose operation is authorised by an environmental permit containing conditions which give effect to the Waste Incineration Directive; and

(d)    details of—

(i)    all fees and charges paid to a regulator within the meaning of regulation 65 pursuant to a scheme under that regulation, and

(ii)    the total expenditure of that regulator in exercising its functions under these Regulations.

(3)    The regulator may omit any representation referred to in sub-paragraph (1) from its public register at the request of the person making the representation, but the regulator must then include in the public register a statement that a representation was made and was the subject of such a request.

(4)    The regulator may omit from its public register any representation which substantially duplicates a representation already included in the public register, but the regulator must then include on the register a statement of the number of representations that have been omitted on this basis.

(5)    If the regulator omits from its public register information referred to in sub-paragraph (1)(h) on the grounds that it is commercially or industrially confidential, the regulator must include in the public register a statement indicating whether or not there has been compliance with any environmental permit condition related to that information and requiring compliance with emission limit values.

(6)    In this paragraph, “waste incineration installation” has the meaning given in Schedule 13.

Information no longer relevant for public participation

2

A regulator is not required to keep in its public register information which is no longer relevant for the purposes of public participation required under these Regulations.

Formal cautions

3

A regulator must remove details of any formal caution from its public register 5 years after the caution was given.

NOTES
Initial Commencement
Specified date

Specified date (immediately after the coming into force of the Environmental Permitting (England and Wales) (Amendment) (No 2) Regulations 2009, SI 2009/3381): 6 April 2010: see reg 1(1)(b).

Environment & Property99 Real Property Law99 Health & Safety91 Waste99

SCHEDULE 27 Revocations

SCHEDULE 27Revocations Regulation 108
Instruments revokedReferencesExtent of revocation
The Control of Pollution (Radioactive Waste) Regulations 1989SI 1989/1158The whole Regulations.
The Radioactive Substances Appeals Regulations 1990SI 1990/2504The whole Regulations.
The Control of Pollution (Channel Tunnel Rail Link) Regulations 1998SI 1998/1649The whole Regulations.
The High-Activity Sealed Radioactive Sources and Orphan Sources Regulations 2005SI 2005/2686The whole Regulations.
The Environmental Permitting (England and Wales) Regulations 2007SI 2007/3538The whole Regulations, except—
(a)    regulations 1, 67, 72(3), (4), (5), (8), (9) and (11) and 73 and Schedule 21; and
(b)    for the purpose of any of those provisions, any definition in Part 1.
The Environmental Permitting (England and Wales) (Amendment) Regulations 2009SI 2009/1799The whole Regulations, except regulations 1 and 28(1) and Schedule 2.
The Environmental Permitting (England and Wales) (Amendment) (No 2) Regulations 2009SI 2009/3381The whole Regulations, except regulations 1 and 13 to 15.
The Groundwater (England and Wales) Regulations 2009SI 2009/2902The whole Regulations.
NOTES
Initial Commencement
Specified date

Specified date (immediately after the coming into force of the Environmental Permitting (England and Wales) (Amendment) (No 2) Regulations 2009, SI 2009/3381): 6 April 2010: see reg 1(1)(b).

Atomic Energy & Radioactive Substances96 Natural Resources, Energy & Utilities Law96

SCHEDULE 28 Repeals

SCHEDULE 28Repeals Regulation 109
ChapterShort titleExtent of repeal
1990 c 43Environmental Protection Act 1990In section 156(2), “; and the provisions of the Radioactive Substances Act 1993”.
1991 c 46Atomic Weapons Establishment Act 1991In the Schedule, paragraph 10A and the cross-heading preceding it.
1991 c 57Water Resources Act 1991Sections 85 to 91.
Section 96(3).
Section 99.
Section 103.
Section 161ZC(5).
Section 161AB(4).
Section 190(1)(b), (c), (g), (h), (j), (k), (m), (n) and (5).
Section 191B(2)(a), (2)(b) and (12).
In section 221, the definition of “enforcement notice”.
Schedule 10.
Schedule 13.
1992 c 43.Competition and Service (Utilities) Act 1992Section 46.
1993 c 12Radioactive Substances Act 1993Sections 1 to 7.
Section 8(1) to (3) and (8).
Sections 9 and 10.
Section 11(3).
Sections 12 to 14.
Section 15(3).
Sections 16 to 39.
Section 41.
Section 42.
Section 44(2).
Sections 45 and 46.
Section 48.
Schedule 1.
In Schedule 3—
(a)    in paragraph 9, “85, 86, 87(1), 88(2),”;
(b)    Parts II and III.
Schedule 6.
1995 c 25Environment Act 1995In section 5(5), paragraph (h).
In section 56(1), in the definition of “environmental licence”, paragraphs (e), (f) and (g).
Section 60(1) and (2).
In section 108(15), in the definition of “pollution control functions”, paragraph (l).
In section 114(2)(a)—
(a)    in sub-paragraph (v), “91,”;
(b)    sub-paragraph (vi).
In Schedule 22, paragraphs 142, 143, 177(6), 182, 183, 186, 200 to 223, and 225 to 229.
1999 c 28Food Standards Act 1999In Schedule 3, paragraph 21 and the cross-heading preceding it.
In Schedule 5, paragraph 43.
2004 c 20Energy Act 2004Sections 72 to 75.
In section 196(1), the definition of “the 1993 Act”.
Schedule 15.
2005 c 5Income Tax (Trading and Other Income) Act 2005In section 167(1), in the definition of “waste disposal licence”, paragraph (d).
2008 c 27Climate Change Act 2008Section 88(2).
2009 c 4Corporation Tax Act 2009Section 144(1)(d).
NOTES
Initial Commencement
Specified date

Specified date (immediately after the coming into force of the Environmental Permitting (England and Wales) (Amendment) (No 2) Regulations 2009, SI 2009/3381): 6 April 2010: see reg 1(1)(b).

Company Law & Business Entities93 Companies & Corporate Bodies93

EXPLANATORY NOTE

EXPLANATORY NOTE (This note is not part of the Regulations)

These Regulations provide a consolidated system of environmental permitting in England and Wales. They replace the Environmental Permitting (England and Wales) Regulations 2007 (SI 2007/3538) (which provided a system for permitting waste operations, mining waste operations, mobile plant and installations), the system of consenting of water discharges in Chapter 2 of Part 3 of the Water Resources Act 1991 (c 57), the groundwater permitting system in the Groundwater (England and Wales) Regulations 2009 (SI 2009/2902) and the system of radioactive substances regulation in the Radioactive Substances Act 1993 (c 12).

These Regulations transpose provisions of 18 Directives which impose obligations required to be delivered through permits or capable of being delivered through permits.

Scope

Regulation 8 defines the term “regulated facility” and regulation 12 requires every regulated facility to be operated under the authority of an environmental permit.

The combined classes of “regulated facility” include (unless they are exempt or excluded) every installation, mobile plant, waste operation, mining waste operation, radioactive substances activity, water discharge activity and groundwater activity, whether or not carried on as part of the operation of another regulated facility. Those terms are defined by regulations 2(1) and in Schedules 1, 9 and 20 to 23.

The term “exempt facility” is defined in regulation 5. Schedule 2 contains procedure in relation to exempt facilities, including registration requirements.

Procedure

Part 2 and Schedules 5 and 6 contain procedure in relation to environmental permits.

Regulations 13 (grant of a permit), 20 (variation of a permit), 21 (transfer of a permit) and 25 (surrender of a permit), with Part 1 of Schedule 5, regulate permit applications. Regulation 20 also provides for variation of a permit on the initiative of the regulator. Regulation 24 allows certain permits to be surrendered by notification. Regulation 15 and Part 2 of Schedule 5 provide for compensation where a permit condition requires interference with the property rights of a person other than the operator. Regulation 17 allows more than one regulated facility on the same site, or with the same operator, to be authorised by the same permit in some circumstances; regulation 18 allows the consolidation of separate permits. Regulations 22 and 23 provide for the revocation of a permit on the initiative of the regulator. Regulations 26-30 provide for the preparation of standard rules applying to a description of regulated facility, which may be incorporated into a permit at the request of an operator. Regulation 31 and Schedule 6 provide for appeals.

Duties of the regulator

Part 3 and Schedules 7 to 23 provide for the discharge of functions by the regulator in relation to permits. Regulation 32 sets the regulator for different classes or description of regulated facility and regulation 33 allows for a change of regulator at the direction of the Secretary of State or the Welsh Ministers. Regulation 34 requires the regulator periodically to review permits and to inspect regulated facilities. Regulation 35 and Schedules 7 to 23 require the regulator to exercise its functions so as to comply with the duties set out in those Schedules. Each Schedule requires the regulator to ensure compliance with a specified Directive or Directives when exercising its functions in relation to a regulated facility falling within the Schedule's scope.

Enforcement, powers and functions

Part 4 contains enforcement-related provision. Regulations 36 and 37 provide for enforcement notices (requiring compliance with a permit) and suspension notices (suspending the authorisation of the operation of a regulated facility). Regulation 38 contains offences and regulation 40 provides for defences. Regulation 39 sets the penalties on conviction.

Part 5 and Schedule 24 make provision for public registers to be kept by the regulator, including information which may be kept off the register in the interests of national security or because it is confidential in nature.

Part 6 confers powers on the regulator, Secretary of State and Welsh Ministers and imposes duties on the regulator. The Part includes power for the regulator to prevent or remedy pollution and to recover associated costs from the operator (regulation 57), a requirement on the Environment Agency to publish a public participation statement (regulation 59), and power for the Secretary of State or Welsh Ministers to make schemes setting fees and charges in relation to local authority functions under the Regulations.

Miscellaneous

Part 7 and Schedules 24 to 28 contain miscellaneous and transitional provision, savings, consequential amendments, revocations and repeals.

By virtue of regulation 1(1)(c), the revocations and repeals in Schedules 27 and 28 extend to England and Wales only.

Chapter 2 of Part 7 includes provision requiring public authorities to deliver obligations under the Waste Framework Directive (2006/12/EC) when making decisions on specified authorisations other than environmental permits, including planning permissions (regulation 68 and Schedule 25).

Transposition note and impact assessment

A transposition note and an impact assessment of the effect that this instrument will have on the costs of business and the voluntary sector are available from the Environment Regulation Policy Division, Department for Environment, Food and Rural Affairs, Ergon House, Horseferry Road, London SW1P 2AL, and are annexed to the Explanatory Memorandum which is available alongside the instrument on the OPSI website.

Practice Areas