The Pollution Prevention and Control (England and Wales) (Amendment) Regulations 2007

Statutory Instruments

2007 No. 713

ENVIRONMENTAL PROTECTION, ENGLAND AND WALES

The Pollution Prevention and Control (England and Wales) (Amendment) Regulations 2007

Made

6th March 2007

Laid before Parliament

9th March 2007

Coming into force

6th April 2007

These Regulations are made in exercise of the powers conferred by section 2 of the Pollution Prevention and Control Act 1999(1).

The Secretary of State, in relation to England, and the National Assembly for Wales, in relation to Wales, have in accordance with section 2(4) of that Act consulted the Environment Agency, such bodies or persons appearing to them to be representative of the interests of local government, industry, agriculture and small businesses as they consider appropriate, and such other bodies and persons as they consider appropriate.

Accordingly, the Secretary of State, in relation to England, and the National Assembly for Wales, in relation to Wales(2), make the following Regulations—

Citation and commencement

1.  These Regulations may be cited as the Pollution Prevention and Control (England and Wales) (Amendment) Regulations 2007 and come into force on 6^th April 2007.

Amendment to the Pollution Prevention and Control (England and Wales) Regulations 2000

2.  In Section 1.1 (combustion activities) of Part 1 of Schedule 1 (activities, installations and mobile plant) to the Pollution Prevention and Control (England and Wales) Regulations 2000(3) under the heading “Interpretation of Part A(1)”, after paragraph 4 add—

“5.   In paragraph (b)(iii), “fuel” does not include gas produced by biological degradation of waste in a landfill that does not require a permit under these Regulations.”.

Dafydd Ellis-Thomas

Presiding Officer

National Assembly for Wales

6th March 2007

Ben Bradshaw

Minister of State

Department for Environment, Food and Rural Affairs

6th March 2007

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Pollution Prevention and Control (England and Wales) Regulations 2000 (“the 2000 Regulations”).

Regulation 2 amends Part A(1) of Section 1.1 (combustion activities) of Part 1 of Schedule 1 by excluding waste gases produced by biological degradation in a landfill that does not require a permit under the 2000 Regulations from the definition of fuel in paragraph (b)(iii). A landfill gas engine appliance with a rated thermal input of 3 megawatts or more, but less than 50 megawatts, which burns such fuel will not require a permit under the 2000 Regulations.

A full regulatory impact assessment of the effect that this instrument will have on the costs of business and the voluntary sector is available at www.defra.gov.uk/environment/ppc/policy.htm, and is annexed to the Explanatory Memorandum which is available alongside the instrument on the OPSI website.

(1)

1999 c. 24. The Secretary of State can exercise these powers only in relation to England: see section 53 of the Scotland Act 1998 (c.46) and section 5(3) of the Pollution Prevention and Control Act 1999.

(2)

The functions of the Secretary of State, so far as exercisable in relation to Wales, were transferred to the National Assembly for Wales by S.I. 2005/1958.

(3)

S.I. 2000/1973.