The Environmental Permitting (England and Wales) Regulations 2016

Made: 11th December 2016

Coming into force in accordance with regulation 1(1)

A draft of this instrument has been approved by a resolution of each House of Parliament and by the National Assembly for Wales pursuant to section 2(8) and (9)(d) and (e) of the 1999 Act and sections 62(7) and (8) and 90(3) of the 2014 Act.

PART 1 — General

Citation, commencement, extent and application

1

• (1) These Regulations may be cited as the Environmental Permitting (England and Wales) Regulations 2016 and come into force 21 days after the day on which these Regulations are made.

• (2) These Regulations extend to England and Wales only.

• (3) They apply in relation to—

• (a) England and the sea adjacent to England out as far as the seaward boundary of the territorial sea, and

• (b) Wales, within the meaning given by section 158 of the Government of Wales Act 2006 .

• (4) In paragraph (3)(a), the sea adjacent to England is so much of the sea adjacent to Great Britain as—

• (a) is not the sea adjacent to Scotland, and

• (b) does not form part of Wales.

• (5) In paragraph (4)(a), 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 .

Interpretation: general

2

• (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 2010 Regulations” means the Environmental Permitting (England and Wales) Regulations 2010 ;

• “the Agency” means the Environment Agency;

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

• “appropriate agency” means—in relation to England, the Agency, andin relation to Wales, the NRBW,and references to the “area” of an appropriate agency are to be construed accordingly;

• “appropriate authority” means—in relation to England, the Secretary of State, andin 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;

• “combustion plant” means any technical apparatus in which fuels are oxidised in order to use the heat generated;

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

• “culvert” has the meaning given in paragraph 3(3) of Part 1 of Schedule 25;

• “disposal”—except in relation to a radioactive substances activity, has the meaning given in paragraph 2 of Part 1 of Schedule 9;in relation to a radioactive substances activity, has the meaning given in paragraph 1 of Part 2 of Schedule 23;

• “drainage” has the meaning given in paragraph 2(1) of Part 1 of Schedule 25;

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

• “emission” means—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;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;in relation to a solvent emission activity, the direct or indirect release of substances from individual or diffuse sources in the regulated facility into the air;in relation to Part B mobile plant, the direct release of substances or heat from the mobile plant into the air;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;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;in relation to a radioactive substances activity, the direct or indirect release of radioactive material or radioactive waste;in relation to a small waste incineration plant, the direct or indirect release of substances from individual or diffuse sources in the regulated facility into the air or water; in relation to a medium combustion plant, the release of substances from the plant into the air; in relation to a specified generator, the release of substances from the plant into the air;

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

• “enforcement undertaking” has the meaning given in paragraph 1(3) of Schedule 26;

• “environmental objectives” means—in relation to the Northumbria River Basin District, means the environmental objectives referred to in the WFD Regulations as applied by regulation 5 of the Water Environment (Water Framework Directive) (Northumbria River Basin District) Regulations 2003;in relation to the Solway Tweed River Basin District, means the objectives as defined in regulation 2 of the Water Environment (Water Framework Directive) (Solway Tweed River Basin District) Regulations 2004;in relation to a river basin district within the meaning of the WFD Regulations, has the same meaning as in those Regulations;

• “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;

• “EU-derived domestic legislation” has the meaning given by section 2(2) of the European Union (Withdrawal) Act 2018;

• “excluded flood risk activity” has the meaning given in paragraph 4 of Part 1 of Schedule 25;

• “excluded waste operation” means any part of a waste operation not carried on at an installation or by means of Part B mobile plant—that—requires a marine licence under the Marine and Coastal Access Act 2009 , ordoes not require such a licence by virtue of any provision made by or under section 74, 75 or 77 of that Act and does not involve the dismantling of a ship that is waste, orthat relates to waste described in regulation 3(2) of the Controlled Waste (England and Wales) Regulations 2012 ;

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

• “exempt flood risk activity” 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 authority” has the meaning given in paragraph 2 of Schedule 2;

• “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);

• “flood defence structure” has the meaning given in paragraph 2(1) of Part 1 of Schedule 25;

• “flood risk activity” has the meaning given in paragraph 3 of Part 1 of Schedule 25;

• “flood risk activity emergency works notice” means a notice served under paragraph 7 of Part 1 of Schedule 25;

• “flood risk activity notice of intent” means a notice served under paragraph 9(2) of Part 1 of Schedule 25;

• “flood risk activity remediation notice” means a notice served under paragraph 8 of Part 1 of Schedule 25;

• “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;

• “groundwater mobile plant” means plant that is—designed to move or be moved whether on roads or other land,used to carry on a groundwater activity, andnot an installation or Part B mobile plant;

• “groundwater Source Protection Zone 1” means a zone—within 50m of a point at which water is abstracted for domestic or food production purposes from any underground strata, ordefined by a 50-day travel time for groundwater to reach a groundwater abstraction point that is used to supply water for domestic or food production purposes,whichever is larger;

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

• “hazardous waste”, subject to paragraph (7)—in relation to England, has the meaning given in regulation 6 of the Hazardous Waste (England and Wales) Regulations 2005 ;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(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” , except in Schedule 1A, has the meaning given in regulation 6;

• “main river” has the meaning given in paragraph 2(1) of Part 1 of Schedule 25;

• “medium combustion plant” has the meaning given in paragraph 2(1) of Schedule 25A;

• “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 medium combustion plant” means a medium combustion plant that is—designed to move or be moved whether on roads or other land, andis not Part B mobile plant;

• “mobile plant”, in relation to England, means any of the following—Part B mobile plant;waste mobile plant;mobile medium combustion plant;groundwater mobile plant;

• “mobile plant” , in relation to Wales, means any of the following—Part B mobile plant;waste mobile plant; mobile medium combustion plant;

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

• “the NRBW” means the Natural Resources Body for Wales;

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

• “non-hazardous waste”, subject to paragraph (7), means waste which is not hazardous waste;

• “non-tidal main river” has the meaning given in paragraph 2(1) of Part 1 of Schedule 25;

• “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(1) activity” means an activity falling within Part A(1) of any Section in Part 2 of Schedule 1;

• “Part A(2) activity” means an activity falling within Part A(2) of any Section in Part 2 of Schedule 1;

• “Part A installation” means a Part A(1) installation or a Part A(2) installation;

• “Part A(1) installation” means an installation where a Part A(1) activity is carried on either alone or in combination with any or all of the following—a Part A(2) activity;a Part B activity;the operation of a small waste incineration plant;a solvent emission activity;

• “Part A(2) installation” means an installation where a Part A(2) activity is carried on either alone or in combination with any or all of the following—a Part B activity;the operation of a small waste incineration plant;a solvent emission activity;

• “Part B activity” means an activity falling within Part B of any Section in Part 2 of Schedule 1;

• “Part B installation” means, subject to paragraph (8) and to Sections 2.2, 5.1 and 6.4 in Part 2 of Schedule 1, an installation, not being a Part A installation, where a Part B activity is carried on either alone or in combination with either or both of the following—the operation of a small waste incineration plant;a solvent emission activity;

• “Part B mobile plant” means plant that is designed to move or be moved whether on roads or other land and that is used to carry on a Part B activity;

• “pollutant”, in relation to England, means any—substance,heat, orbiological entity or micro-organism,which is liable to cause pollution;

• “pollutant” , in relation to Wales, means any substance liable to cause pollution;

• “pollution”, in relation to England, in relation to a water discharge activity or groundwater activity, means the direct or indirect introduction, as a result of human activity, of substances, heat or biological entities or micro-organisms into air, water or land which may—be harmful to human health or the quality of aquatic ecosystems or terrestrial ecosystems directly depending on aquatic ecosystems,result in damage to material property, orimpair or interfere with amenities or other legitimate uses of the environment;

• “pollution” , in relation to Wales, 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—be harmful to human health or the quality of aquatic ecosystems or terrestrial ecosystems directly depending on aquatic ecosystems,result in damage to material property, orimpair 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—be harmful to human health or the quality of the environment,cause offence to a human sense,result in damage to material property, orimpair or interfere with amenities or other legitimate uses of the environment;

• “prescribed statutory provision” means—Part 4 of the Marine and Coastal Access Act 2009 ,section 163 of the 1991 Act ,section 165 of the Water Industry Act 1991 , orany 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 or a regulator proposes to transfer an environmental permit in whole or in part;

• “public participation provisions” means regulations 26, 29 and 60, 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 3 of Part 2 of Schedule 23;

• “radioactive substances activity” has the meaning given in paragraph 11 of Part 2 of Schedule 23;

• “radioactive substances exemption” means an exemption under Part 6 of Schedule 23 from the requirement for an environmental permit in respect of a radioactive substances activity;

• “radioactive waste” has the meaning given in paragraph 3 of Part 2 of Schedule 23;

• “recovery” has the meaning given in paragraph 2 of Part 1 of Schedule 9;

• “register” and “registered”, in relation to an exempt facility, have the meanings given in paragraph 1(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;

• “remote defence” has the meaning given in paragraph 3(3) of Part 1 of Schedule 25;

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

• “river control works” has the meaning given in paragraph 3(3) of Part 1 of Schedule 25;

• “rule-making authority” means—in relation to a regulated facility for which a local authority is the regulator, the appropriate authority, andin relation to any other regulated facility, the appropriate agency;

• “sea defence” has the meaning given in paragraph 3(3) of Part 1 of Schedule 25;

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

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