The Environmental Permitting (England and Wales) Regulations 2010

Interpretation: general

1.—(1) In this Schedule—

“authority” means—

(a)

an appropriate authority,

(b)

a planning authority;

“collection” has the meaning given in Article 1(g) of the Waste Framework Directive and excludes the disposal or recovery of the waste;

“collection point” means a place which is used for the collection of waste by an establishment or undertaking where the establishment or undertaking does not—

(a)

receive payment for collecting the waste, or

(b)

collect waste as its main business activity;

“development consent” means development consent under the Planning Act 2008(1);

“local planning authority” has the same meaning as in the Town and Country Planning Act 1990(2);

“mineral planning authority” has the same meaning as in section 1 of the Town and Country Planning Act 1990;

“place of production” means, in relation to any waste, the place where the waste was originally produced;

“plan making provisions” means—

(a)

paragraph 5 of Schedule 4 to the Waste Management Licensing Regulations 1994(3),

(b)

Part 2 of the Town and Country Planning Act 1990 insofar as it continues to have effect(4),

(c)

section 44A of the 1990 Act(5),

(d)

in relation to England, Parts 1 and 2 and Schedule 8 of the Planning and Compulsory Purchase Act 2004(6), and

(e)

in relation to Wales—

(i)

Part 6 of the Planning and Compulsory Purchase Act 2004,

(ii)

article 3(3) of the Planning and Compulsory Purchase Act 2004 (Commencement No. 6, Transitional Provisions and Savings) Order 2005(7);

“the planning Acts” means—

(a)

the Town and Country Planning Act 1990,

(b)

the Planning (Listed Buildings and Conservation Areas) Act 1990(8),

(c)

the Planning (Hazardous Substances) Act 1990(9),

(d)

the Planning (Consequential Provisions) Act 1990(10),

(e)

the Planning and Compulsory Purchase Act 2004, and

(f)

the Planning Act 2008;

“planning authority” means—

(a)

a local planning authority,

(b)

a joint committee constituted under section 29 of the Planning and Compulsory Purchase Act 2004,

(c)

a person appointed under paragraph 1 of Schedule 6 to the Town and Country Planning Act 1990(11),

(d)

a government department in respect of its functions under the planning Acts,

(e)

the Secretary of State in respect of the Secretary of State’s functions under the planning Acts, or

(f)

the Infrastructure Planning Commission established under section 1 of the Planning Act 2008;

“planning permission” has the meaning given in section 336 of the Town and Country Planning Act 1990(12);

“specified functions” has the meaning given in paragraph 2 of this Part; and

“waste management plan” means a plan or other expression of strategy or policy in relation to waste management made under the plan making provisions.

(2) For the purposes of this Schedule, a container, lagoon or other place is secure in relation to waste kept in it if—

(a) all reasonable precautions are taken to ensure that the waste cannot escape from it; and

(b) members of the public are unable to gain access to the waste.

(1)

2008 c. 29.

(2)

1990 c. 8. Section 1 was amended by the Local Government (Wales) Act 1994, section 18(3) and (4), c. 19.

(3)

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 and 2007/2596.

(4)

Part 2 is repealed by the Planning and Compulsory Purchase Act 2004, section 120 and Schedule 9, but is saved for certain purposes in England by S.I. 2004/2202 and in Wales by S.I. 2005/2847 (W.118).

(5)

Section 44A was inserted by the Environment Act 1995 (c. 25), section 92(1).

(6)

2004 c. 5.

(7)

S.I. 2005/2847.

(8)

1990 c. 9.

(9)

1990 c. 10.

(10)

1990 c. 11.

(11)

Paragraph 1 was amended by the Planning and Compensation Act 1991 (c. 34), section 32.

(12)

The definition of “planning permission” in section 336 was amended by the Planning and Compensation Act 1991, sections 32 and 84(6) and Schedules 7 and 19.