The Environmental Permitting (England and Wales) Regulations 2007

PART 1 E+W General

Citation, commencement and extent E+W

1.—(1) These Regulations—

(a) may be cited as the Environmental Permitting (England and Wales) Regulations 2007;

(b) come into force on 6th April 2008; and

(c) extend to England and Wales only.

(2) For the purposes of this regulation—

(a) England and Wales includes the sea adjacent to England and Wales out as far as the seaward boundary of the territorial sea; and

(b) the sea adjacent to Wales has the same meaning as in section 158 of the Government of Wales Act 2006 M1 .

Marginal Citations

M1 2006 c. 32; the boundary between the sea adjacent to Wales and that adjacent to England is described by article 6 and Schedule 3 of the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672). By virtue of section 162 of and paragraph 26 of Schedule 11 to the 2006 Act, S.I. 1999/672 continues to have effect.

Interpretation: general E+W

F1 2.—(1) Except where otherwise provided, in these Regulations—

“the 1990 Act” means the Environmental Protection Act 1990 M2 ;

“the 1995 Act” means the Environment Act 1995 M3 ;

“the 1994 Regulations” means the Waste Management Licensing Regulations 1994 M4 ;

“the 2000 Regulations” means the Pollution Prevention and Control (England and Wales) Regulations 2000 M5 ;

“activity” means, subject to Part 1 of Schedule 1, an activity listed in Part 2 of that Schedule;

“the Agency” means the Environment Agency;

“agricultural waste” means waste from premises used for agriculture within the meaning of the Agriculture Act 1947 M6 ;

[F2 “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;

[F3 “Category A mining waste facility” means a mining waste facility that is classified as Category A under Article 9 of the Mining Waste Directive;]

[F4 “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;]

“directly associated activity” means—

(a)

in relation to a SED activity, an operation which—

(i)

has a technical connection with the SED activity,

(ii)

is carried on on the same site as the SED activity, and

(iii)

could have an effect on a discharge of volatile organic compounds into the environment;

(b)

in relation to any other activity, an operation which—

(i)

has a technical connection with the activity,

(ii)

is carried on on the same site as the activity, and

(iii)

could have an effect on pollution;

“disposal” has the same meaning as in the Waste Framework Directive and related terms must be construed accordingly;

“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, and

(e)

[F5 in relation to—

(i)

a waste operation not falling within paragraph (a) to (d), or

(ii)

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;]

“the End-of-Life Vehicles Directive” means Directive 2000/53/EC of the European Parliament and of the Council on end-of life vehicles M7 ;

“enforcement notice” has the meaning given in regulation 36(1);

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

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

“excluded waste operation” has the meaning given in regulation 4;

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

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

[F6 “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);]

“hazardous waste”, except in Section 5.1 of Part 2 of Schedule 1, has the meaning given by—

(a)

in England, regulation 6 of the Hazardous Waste (England and Wales) Regulations 2005 M8 ,

(b)

in Wales, regulation 6 of the Hazardous Waste (Wales) Regulations 2005 M9 ;

“installation” means (except where used in the definition of “excluded plant” in Section 5.1 of Part 2 of Schedule 1)—

(a)

a stationary technical unit where one or more activities are carried on, and

(b)

any other location on the same site where any other directly associated activities are carried on,and references to an installation include references to part of an installation;

[F7 “the IPPC Directive” means Directive 2008/1/EC of the European Parliament and of the Council concerning integrated pollution prevention and control;]

“landfill” has the meaning given in Article 2(g) of the Landfill Directive[F8 , but does not include any operation excluded from the scope of that Directive by Article 3(2)];

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

“the Landfill Directive” means Council Directive 1999/31/EC on the landfill of waste M10 , as read with Council Decision 2003/33/EC M11 establishing criteria and procedures for the acceptance of waste at landfills pursuant to Article 16 of and Annex II to Directive 1999/31/EC;

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

[F9 “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;

“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 facility closure notice” means a closure notice served under paragraph 10 of Schedule 18B to these Regulations;

“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;]

“mobile plant” means plant which—

(a)

is not an installation,

(b)

is used to carry on an activity or waste operation, and

(c)

where not used to carry on a Part A activity, is designed to move or be moved whether on roads or other land;

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

“operator” has the meaning given in regulation 7;

“Part A installation”, “Part A(1) installation”, “Part A(2) installation” and “Part B installation” have the meanings given in regulation 3(2);

“Part A mobile plant”, “Part A(1) mobile plant”, “Part A(2) mobile plant” and “Part B mobile plant” have the meanings given in regulation 3(3);

“pollution” 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 and other legitimate uses of the environment;

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

“recovery” has the same meaning as in the Waste Framework Directive and related terms must be construed accordingly;

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

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

[F10 “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 by regulation 9;

“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;

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

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

“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;

“suspension notice” has the meaning given in regulation 37(1);

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

“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;

[F11 “waste battery or accumulator” has the meaning given by 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);]

“the Waste Framework Directive” means Directive 2006/12/EC of the European Parliament and of the Council on waste M12 ;

“the Waste Incineration Directive” means Directive 2000/76/EC of the European Parliament and of the Council on the incineration of waste M13 ;

“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;

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

“WEEE Directive” means Directive 2002/96/EC of the European Parliament and of the Council on waste electrical and electronic equipment M14 ; 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 M15 .

(2) Where the duration of a period of time is expressed as being 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.

Textual Amendments

F1 Regulations (except regs. 1, 67, 72(3)(4)(5)(8)(9)(11), 73, Sch. 21 and for the purpose of any of those provisions, any definition in Pt. 1) revoked (6.4.2010 immediately after S.I. 2009/3381 comes into force) by The Environmental Permitting (England and Wales) Regulations 2010 (S.I. 2010/675), Sch. 27 (with regs. 1(2), 108(2)-(4))

See also The Environmental Permitting (England and Wales) (Amendment) (No. 2) Regulations 2009 (S.I. 2009/3381), regs. 1(1)(b), 2-12, Schs 1, 2

F2 Words in reg. 2 inserted (6.4.2010) by The Environmental Permitting (England and Wales) (Amendment) (No. 2) Regulations 2009 (S.I. 2009/3381), regs. 1(1)(b), 3(2) (with reg. 1(2))

F3 Words in reg. 2(1) inserted (7.7.2009) by The Environmental Permitting (England and Wales) (Amendment) Regulations 2009 (S.I. 2009/1799), regs. 1(b), 3(2)

F4 Words in reg. 2(1) inserted (5.5.2009) by The Waste Batteries and Accumulators Regulations 2009 (S.I. 2009/890), reg. 1(2), Sch. 8 para. 2(2)(a)

F5 Words in reg. 2(1) substituted (7.7.2009) by The Environmental Permitting (England and Wales) (Amendment) Regulations 2009 (S.I. 2009/1799), regs. 1(b), 3(3)

F6 Words in reg. 2(1) inserted (7.7.2009) by The Environmental Permitting (England and Wales) (Amendment) Regulations 2009 (S.I. 2009/1799), regs. 1(b), 3(4)

F7 Words in reg. 2(1) substituted (7.7.2009) by The Environmental Permitting (England and Wales) (Amendment) Regulations 2009 (S.I. 2009/1799), regs. 1(b), 3(5)

F8 Words in reg. 2(1) inserted (7.7.2009) by The Environmental Permitting (England and Wales) (Amendment) Regulations 2009 (S.I. 2009/1799), regs. 1(b), 3(6)

F9 Words in reg. 2(1) inserted (7.7.2009) by The Environmental Permitting (England and Wales) (Amendment) Regulations 2009 (S.I. 2009/1799), regs. 1(b), 3(7)

F10 Words in reg. 2(1) inserted (7.7.2009) by The Environmental Permitting (England and Wales) (Amendment) Regulations 2009 (S.I. 2009/1799), regs. 1(b), 3(8)

F11 Words in reg. 2(1) inserted (5.5.2009) by The Waste Batteries and Accumulators Regulations 2009 (S.I. 2009/890), reg. 1(2), Sch. 8 para. 2(2)(b)

Marginal Citations

M2 1990 c. 43.

M3 1995 c. 25.

M4 S.I. 1994/1056, amended by S.I. 1995/288, 1995/1950, 1996/593, 1996/634, 1996/972, 1996/1279, 1997/2203, 1998/606, 1998/2746, 2000/1973, 2002/674, 2002/1087 (W. 114), 2002/1559, 2002/2980, 2003/595, 2003/780 (W. 91), 2003/2635, 2004/70 (W. 6), 2004/3276, 2005/894, 2005/1728, 2005/1806 (W. 138), 2005/2900, 2006/937, 2006/3315, 2007/1156, 2007/2596.

M5 S.I. 2000/1973, amended by S.I. 2001/503, 2002/275, 2002/1559, 2002/1702, 2002/2469, 2002/2688, 2002/2980, 2003/1699, 2003/3296, 2003/3311, 2004/107, 2004/434, 2004/1375, 2004/3276, 2005/894, 2005/1448, 2005/1806 (W. 138), 2005/2773, 2006/2311, 2006/2802 (W. 241), 2007/713, 2007/2325, 2007/2596.

M6 1947 c. 48.

M7 OJ No. L 269, 21.10.2000, p34.

M8 S.I. 2005/894.

M9 S.I. 2005/1806 (W. 138).

M10 OJ No. L 182, 16.7.1999, p1, as amended by Regulation (EC) No. 1882/2003 of the European Parliament and of the Council (OJ No. L 284, 31.10.2003, p1).

M11 OJ No. L11, 16.1.2003, p27.

M12 OJ No. L 114, 27.4.2006, p9.

M13 OJ No. L 332, 28.12.2000, p91. There is a relevant corrigendum, OJ No. L 145, 31.5.2001, p52.

M14 OJ No. L 37, 13.2.2003, p24.

M15 1971 c. 80.

Interpretation: activities, installations and mobile plant E+W

F1 3.—(1) In these Regulations—

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

“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; and

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

(2) In these Regulations—

“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, including an installation also carrying on a Part A(2) activity or a Part B activity;

“Part A(2) installation” means an installation where a Part A(2) activity is carried on, not being a Part A(1) installation but including an installation also carrying on a Part B activity; and

“Part B installation” means, subject to Sections 2.2, 5.1 and 6.4 of Part 2 of Schedule 1, an installation where a Part B activity is carried on, not being a Part A installation.

(3) In these Regulations—

“Part A mobile plant” means Part A(1) mobile plant or Part A(2) mobile plant;

“Part A(1) mobile plant” means mobile plant used to carry on a Part A(1) activity, including plant also carrying on a Part A(2) activity or a Part B activity;

“Part A(2) mobile plant” means mobile plant used to carry on a Part A(2) activity, not being Part A(1) mobile plant but including plant also carrying on a Part B activity; and

“Part B mobile plant” means mobile plant used to carry out a Part B activity, not being Part A mobile plant.

Textual Amendments

F1 Regulations (except regs. 1, 67, 72(3)(4)(5)(8)(9)(11), 73, Sch. 21 and for the purpose of any of those provisions, any definition in Pt. 1) revoked (6.4.2010 immediately after S.I. 2009/3381 comes into force) by The Environmental Permitting (England and Wales) Regulations 2010 (S.I. 2010/675), Sch. 27 (with regs. 1(2), 108(2)-(4))

See also The Environmental Permitting (England and Wales) (Amendment) (No. 2) Regulations 2009 (S.I. 2009/3381), regs. 1(1)(b), 2-12, Schs 1, 2

Interpretation: excluded waste operation E+W

F1 4.  In these Regulations, “ excluded waste operation” means—

(a) a waste operation which is or forms part of an operation which—

(i) is the subject of a licence under Part II of the Food and Environment Protection Act 1985 M16 , or

(ii) by virtue of an order under section 7 of that Act, does not require such a licence;

(b) the disposal of liquid waste under a consent under Chapter II of Part III of the Water Resources Act 1991 M17 ;

(c) the disposal of agricultural waste in or on land under an authorisation under regulation 18 of the Groundwater Regulations 1998 M18 ;

(d) the disposal or recovery of waste which is not to be treated as industrial waste or commercial waste by virtue of regulation 7(1) of the Controlled Waste Regulations 1992 M19 .

Textual Amendments

F1 Regulations (except regs. 1, 67, 72(3)(4)(5)(8)(9)(11), 73, Sch. 21 and for the purpose of any of those provisions, any definition in Pt. 1) revoked (6.4.2010 immediately after S.I. 2009/3381 comes into force) by The Environmental Permitting (England and Wales) Regulations 2010 (S.I. 2010/675), Sch. 27 (with regs. 1(2), 108(2)-(4))

See also The Environmental Permitting (England and Wales) (Amendment) (No. 2) Regulations 2009 (S.I. 2009/3381), regs. 1(1)(b), 2-12, Schs 1, 2

Marginal Citations

M16 1985 c. 48.

M17 1991 c. 57.

M18 S.I. 1998/2746.

M19 S.I. 1992/588; relevant amending instruments are S.I. 1993/556, 1994/1056, 1995/288, 2006/937.

[F12 Interpretation: exempt waste operation E+W

F1 5.— (1)  In these Regulations, a waste operation is an “exempt waste operation” if the requirements in paragraph 3(1) of Schedule 2 are met in respect of the waste operation.

(2) Schedule 2 (exempt waste operations: general) has effect.]

Textual Amendments

F1 Regulations (except regs. 1, 67, 72(3)(4)(5)(8)(9)(11), 73, Sch. 21 and for the purpose of any of those provisions, any definition in Pt. 1) revoked (6.4.2010 immediately after S.I. 2009/3381 comes into force) by The Environmental Permitting (England and Wales) Regulations 2010 (S.I. 2010/675), Sch. 27 (with regs. 1(2), 108(2)-(4))

See also The Environmental Permitting (England and Wales) (Amendment) (No. 2) Regulations 2009 (S.I. 2009/3381), regs. 1(1)(b), 2-12, Schs 1, 2

F12 Reg. 5 substituted (6.4.2010) by The Environmental Permitting (England and Wales) (Amendment) (No. 2) Regulations 2009 (S.I. 2009/3381), regs. 1(1)(b), 4 (with reg. 1(2))

Interpretation: local authority E+W

F1 6.—(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 M20 that authority is the local authority for the area covered by that district in relation to a Part B installation.

Textual Amendments

F1 Regulations (except regs. 1, 67, 72(3)(4)(5)(8)(9)(11), 73, Sch. 21 and for the purpose of any of those provisions, any definition in Pt. 1) revoked (6.4.2010 immediately after S.I. 2009/3381 comes into force) by The Environmental Permitting (England and Wales) Regulations 2010 (S.I. 2010/675), Sch. 27 (with regs. 1(2), 108(2)-(4))

See also The Environmental Permitting (England and Wales) (Amendment) (No. 2) Regulations 2009 (S.I. 2009/3381), regs. 1(1)(b), 2-12, Schs 1, 2

Marginal Citations

M20 1984 c. 22.

Interpretation: operator E+W

F1 7.  In these Regulations “ operator” means—

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

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

(c) if a regulated facility has ceased to be in operation, the person who holds the environmental permit which authorised the operation of the facility.

Textual Amendments

F1 Regulations (except regs. 1, 67, 72(3)(4)(5)(8)(9)(11), 73, Sch. 21 and for the purpose of any of those provisions, any definition in Pt. 1) revoked (6.4.2010 immediately after S.I. 2009/3381 comes into force) by The Environmental Permitting (England and Wales) Regulations 2010 (S.I. 2010/675), Sch. 27 (with regs. 1(2), 108(2)-(4))

See also The Environmental Permitting (England and Wales) (Amendment) (No. 2) Regulations 2009 (S.I. 2009/3381), regs. 1(1)(b), 2-12, Schs 1, 2

Interpretation: regulated facility E+W

F1 8.—(1) Subject to paragraphs (2) [F13 , (2A)] and (3), in these Regulations, “regulated facility” means any of the following—

(a) an installation,

(b) mobile plant other than waste mobile plant,

(c) waste mobile plant,

(d) a waste operation not carried on at an installation or by means of mobile plant[F14 ,

(e) a mining waste operation].

[F15 (2) An exempt waste operation is not a regulated facility within paragraph (1)(a) where it is an activity falling within section 5.3 or section 5.4 of Chapter 5 of Part 2 of Schedule 1 or a directly associated activity of that activity.

(2A) An exempt waste operation is not a regulated facility within paragraph (1)(b) to (d).]

(3) The following are not regulated facilities within paragraph (1)(c) or (d)—

(a) an excluded waste operation,

(b) 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.

(4) In this regulation—

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

“waste mobile plant” means mobile plant which—

(a)

is used to carry on a waste operation, and

(b)

is not Part A mobile plant or Part B mobile plant.

Textual Amendments

F1 Regulations (except regs. 1, 67, 72(3)(4)(5)(8)(9)(11), 73, Sch. 21 and for the purpose of any of those provisions, any definition in Pt. 1) revoked (6.4.2010 immediately after S.I. 2009/3381 comes into force) by The Environmental Permitting (England and Wales) Regulations 2010 (S.I. 2010/675), Sch. 27 (with regs. 1(2), 108(2)-(4))

See also The Environmental Permitting (England and Wales) (Amendment) (No. 2) Regulations 2009 (S.I. 2009/3381), regs. 1(1)(b), 2-12, Schs 1, 2

F13 Word in reg. 8(1) inserted (7.7.2009) by The Environmental Permitting (England and Wales) (Amendment) Regulations 2009 (S.I. 2009/1799), regs. 1(b), 4(1A)

F14 Reg. 8(1)(e) and comma inserted (7.7.2009) by The Environmental Permitting (England and Wales) (Amendment) Regulations 2009 (S.I. 2009/1799), regs. 1(b), 4(2)

F15 Reg. 8(2)(2A) substituted for reg. 8(2) (7.7.2009) by The Environmental Permitting (England and Wales) (Amendment) Regulations 2009 (S.I. 2009/1799), regs. 1(b), 4(3)

Interpretation: relevant function E+W

F1 9.  In these Regulations, “ relevant function” means one of the following functions—

(a) determining an application—

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

(ii) to vary an environmental permit under regulation 20(1),

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

(iv) to surrender 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),

(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 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);

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

(i) the power to serve an enforcement notice, or

(ii) the power to serve a suspension notice.

Textual Amendments

F1 Regulations (except regs. 1, 67, 72(3)(4)(5)(8)(9)(11), 73, Sch. 21 and for the purpose of any of those provisions, any definition in Pt. 1) revoked (6.4.2010 immediately after S.I. 2009/3381 comes into force) by The Environmental Permitting (England and Wales) Regulations 2010 (S.I. 2010/675), Sch. 27 (with regs. 1(2), 108(2)-(4))

See also The Environmental Permitting (England and Wales) (Amendment) (No. 2) Regulations 2009 (S.I. 2009/3381), regs. 1(1)(b), 2-12, Schs 1, 2

Giving notices, notifications and directions, and the submission of forms E+W

F1 10.—(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) delivering it to him in person;

(b) leaving it at his proper address, or

(c) sending it by post or electronic means to his proper address.

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

(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) If a person to be served with or given an instrument has specified an address in the United Kingdom other than his proper address at which he or someone on his behalf will accept instruments of that description, that address must also be treated as his proper address.

(7) 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.

(8) For the purposes of paragraph (7), 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.

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

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

Textual Amendments

F1 Regulations (except regs. 1, 67, 72(3)(4)(5)(8)(9)(11), 73, Sch. 21 and for the purpose of any of those provisions, any definition in Pt. 1) revoked (6.4.2010 immediately after S.I. 2009/3381 comes into force) by The Environmental Permitting (England and Wales) Regulations 2010 (S.I. 2010/675), Sch. 27 (with regs. 1(2), 108(2)-(4))

See also The Environmental Permitting (England and Wales) (Amendment) (No. 2) Regulations 2009 (S.I. 2009/3381), regs. 1(1)(b), 2-12, Schs 1, 2

F1 PART 2 E+W Environmental Permits

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1 PART 3 E+W Discharge of functions in relation to a regulated facility

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1 PART 4 E+W Enforcement and offences

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1 PART 5 E+W Public Registers

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1 PART 6 E+W Powers and functions of the regulator and the appropriate authority

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

PART 7 E+W Miscellaneous and transitional provision, savings, consequential amendments, revocations and repeals

Interpretation of this Part E+W

67.  In this Part—

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

“disposal licence” means a disposal licence issued under section 5 of the Control of Pollution Act 1974 M21 ;

“PPC permit” means a permit granted under regulation 10 of the 2000 Regulations M22 ;

“transitional application” means an application mentioned in regulation 70(1)(c) or (d) or to which regulation 71 applies; and

“waste management licence” means a licence granted under section 35 of the 1990 Act M23 .

Marginal Citations

M21 1974 c. 40. Section 5 was repealed by section 162 and Schedule 16 of the Environmental Protection Act 1990 (c. 43), subject to the transitional and saving provision in section 77 of that Act.

M22 Regulation 10 was amended by S.I. 2002/1559, 2004/107.

M23 Section 35 was amended by the Environment Act 1995 (c. 25) and by S.I. 2000/1973.

Further provision in relation to waste E+W

F1 68.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Regulations (except regs. 1, 67, 72(3)(4)(5)(8)(9)(11), 73, Sch. 21 and for the purpose of any of those provisions, any definition in Pt. 1) revoked (6.4.2010 immediately after S.I. 2009/3381 comes into force) by The Environmental Permitting (England and Wales) Regulations 2010 (S.I. 2010/675), Sch. 27 (with regs. 1(2), 108(2)-(4))

See also The Environmental Permitting (England and Wales) (Amendment) (No. 2) Regulations 2009 (S.I. 2009/3381), regs. 1(1)(b), 2-12, Schs 1, 2

Further provision in relation to waste batteries and accumulators E+W

F1 68A.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Regulations (except regs. 1, 67, 72(3)(4)(5)(8)(9)(11), 73, Sch. 21 and for the purpose of any of those provisions, any definition in Pt. 1) revoked (6.4.2010 immediately after S.I. 2009/3381 comes into force) by The Environmental Permitting (England and Wales) Regulations 2010 (S.I. 2010/675), Sch. 27 (with regs. 1(2), 108(2)-(4))

See also The Environmental Permitting (England and Wales) (Amendment) (No. 2) Regulations 2009 (S.I. 2009/3381), regs. 1(1)(b), 2-12, Schs 1, 2

Transitional provision: general E+W

F1 69.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Regulations (except regs. 1, 67, 72(3)(4)(5)(8)(9)(11), 73, Sch. 21 and for the purpose of any of those provisions, any definition in Pt. 1) revoked (6.4.2010 immediately after S.I. 2009/3381 comes into force) by The Environmental Permitting (England and Wales) Regulations 2010 (S.I. 2010/675), Sch. 27 (with regs. 1(2), 108(2)-(4))

See also The Environmental Permitting (England and Wales) (Amendment) (No. 2) Regulations 2009 (S.I. 2009/3381), regs. 1(1)(b), 2-12, Schs 1, 2

Transitional provision: conversion of permits and licences subject to certain applications E+W

F1 70.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Regulations (except regs. 1, 67, 72(3)(4)(5)(8)(9)(11), 73, Sch. 21 and for the purpose of any of those provisions, any definition in Pt. 1) revoked (6.4.2010 immediately after S.I. 2009/3381 comes into force) by The Environmental Permitting (England and Wales) Regulations 2010 (S.I. 2010/675), Sch. 27 (with regs. 1(2), 108(2)-(4))

See also The Environmental Permitting (England and Wales) (Amendment) (No. 2) Regulations 2009 (S.I. 2009/3381), regs. 1(1)(b), 2-12, Schs 1, 2

Transitional provision: conversion of PPC permits, disposal licences or waste management licences resulting from applications in relation to existing Part A installations and mobile plant E+W

F1 71.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Regulations (except regs. 1, 67, 72(3)(4)(5)(8)(9)(11), 73, Sch. 21 and for the purpose of any of those provisions, any definition in Pt. 1) revoked (6.4.2010 immediately after S.I. 2009/3381 comes into force) by The Environmental Permitting (England and Wales) Regulations 2010 (S.I. 2010/675), Sch. 27 (with regs. 1(2), 108(2)-(4))

See also The Environmental Permitting (England and Wales) (Amendment) (No. 2) Regulations 2009 (S.I. 2009/3381), regs. 1(1)(b), 2-12, Schs 1, 2

Transitional provision: existing mining waste operations E+W

F1 71A.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Regulations (except regs. 1, 67, 72(3)(4)(5)(8)(9)(11), 73, Sch. 21 and for the purpose of any of those provisions, any definition in Pt. 1) revoked (6.4.2010 immediately after S.I. 2009/3381 comes into force) by The Environmental Permitting (England and Wales) Regulations 2010 (S.I. 2010/675), Sch. 27 (with regs. 1(2), 108(2)-(4))

See also The Environmental Permitting (England and Wales) (Amendment) (No. 2) Regulations 2009 (S.I. 2009/3381), regs. 1(1)(b), 2-12, Schs 1, 2

Savings E+W

72.—F1 (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) Notwithstanding their repeal by these Regulations, the provisions of the 1990 Act continue to have effect for the purposes of paragraph 20 of Schedule 1 to the Pollution Prevention and Control Act 1999.

(4) Notwithstanding its revocation by these Regulations, paragraph 7 of Schedule 4 to the 1994 Regulations continues to have effect in relation to sections 12(3A), 31(3) and 36(3) of the Town and Country Planning Act 1990 M24 to the extent that those provisions are saved by—

(a) in England, article 4 of, and Schedule 2 to, the Planning and Compulsory Purchase Act 2004 (Commencement No. 2, Transitional Provisions and Savings) Order 2004 M25 ;

(b) in Wales, article 3 of, and Schedule 2 to, the Planning and Compulsory Purchase Act 2004 (Commencement No. 6, Transitional Provisions and Savings) Order 2005 M26 .

(5) Notwithstanding its revocation by these Regulations, regulation 3 of the 1994 Regulations continues to have effect for the purposes of Schedule 5 to those Regulations.

F1 (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1 (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8) Notwithstanding the revocation of regulation 5(1) of the Pet Cemeteries (England and Wales) Regulations 2007 by these Regulations, that regulation continues to have effect when a waste management licence to which it applies becomes an environmental permit.

(9) Notwithstanding their revocation by these Regulations, the amendments to enactments and other instruments made by the 1994 Regulations and the 2000 Regulations continue to have effect.

F1 (10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F16 (11) In the application of any provision by virtue of this regulation—

(a) any reference to the Lands Tribunal must be read as a reference to the Upper Tribunal;

(b) any reference to section 2 of the Land Compensation Act 1961 must be omitted; and

(c) for the purposes of [F17 Tribunal Procedure Rules], any proceedings to which section 2 of the Land Compensation Act 1961 would have applied but for sub-paragraph (b) shall be proceedings on a compulsory purchase compensation reference.]

Textual Amendments

F1 Regulations (except regs. 1, 67, 72(3)(4)(5)(8)(9)(11), 73, Sch. 21 and for the purpose of any of those provisions, any definition in Pt. 1) revoked (6.4.2010 immediately after S.I. 2009/3381 comes into force) by The Environmental Permitting (England and Wales) Regulations 2010 (S.I. 2010/675), Sch. 27 (with regs. 1(2), 108(2)-(4))

See also The Environmental Permitting (England and Wales) (Amendment) (No. 2) Regulations 2009 (S.I. 2009/3381), regs. 1(1)(b), 2-12, Schs 1, 2

F16 Reg. 72(11) added (1.6.2009) by The Transfer of Tribunal Functions (Lands Tribunal and Miscellaneous Amendments) Order 2009 (S.I. 2009/1307), art. 1, Sch. 2 para. 123 (with Sch. 5)

F17 Words in reg. 72(11)(c) substituted (18.1.2010) by The Transfer of Tribunal Functions Order 2010 (S.I. 2010/22), art. 1(1), Sch. 3 para. 147

Marginal Citations

M24 1990, c. 8. Section 12(3A) was inserted by the Planning and Compensation Act 1991 (c. 34), section 27 and Schedule 4.

M25 S.I. 2004/2202. Article 4 was amended by S.I. 2005/2085.

M26 S.I. 2005/2847 (W. 118).

Consequential amendments E+W

73.   [F18 Schedule 21 (consequential amendments) has effect.]

Textual Amendments

F18 Reg. 73 revoked in part (1.4.2010) by The Conservation of Habitats and Species Regulations 2010 (S.I. 2010/490), reg. 1(2), Sch. 7 Pt. 1 (with reg. 125)

Revocations and repeals E+W

F1 74.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Regulations (except regs. 1, 67, 72(3)(4)(5)(8)(9)(11), 73, Sch. 21 and for the purpose of any of those provisions, any definition in Pt. 1) revoked (6.4.2010 immediately after S.I. 2009/3381 comes into force) by The Environmental Permitting (England and Wales) Regulations 2010 (S.I. 2010/675), Sch. 27 (with regs. 1(2), 108(2)-(4))

See also The Environmental Permitting (England and Wales) (Amendment) (No. 2) Regulations 2009 (S.I. 2009/3381), regs. 1(1)(b), 2-12, Schs 1, 2

Jane Davidson

Minister for Environment, Sustainability and Housing, one of the Welsh Ministers

Joan Ruddock

Parliamentary Under Secretary of State

Department for Environment, Food and Rural Affairs