The Environmental Permitting (England and Wales) Regulations 2016

Status:

Point in time view as at 08/09/2022. This version of this provision has been superseded.

Status

You are viewing this legislation item as it stood at a particular point in time. A later version of this or provision, including subsequent changes and effects, supersedes this version.

Note the term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section.

Changes to legislation:

The Environmental Permitting (England and Wales) Regulations 2016, Section 12 is up to date with all changes known to be in force on or before 02 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.

Changes to Legislation

Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.

Requirement for an environmental permitE+W

This adran has no associated Memorandwm Esboniadol

12.—(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.

[F1(1A) Paragraph (1)(a) does not apply in relation to the operation of a medium combustion plant, mobile medium combustion plant or a specified generator comprising—

(a)a new medium combustion plant, before 20th December 2018;

(b)an existing medium combustion plant with a rated thermal input greater than 5 megawatts, before 1st January 2024;

(c)an existing medium combustion plant with a rated thermal input of less than or equal to 5 megawatts, before 1st January 2029;

(d)a specified generator, before the permitting date,

unless that medium combustion plant, mobile medium combustion plant or specified generator, is required to have a permit by virtue of forming part of another class of regulated facility.

(1B) For the purposes of paragraph (1A)—

(a)“existing medium combustion plant” and “new medium combustion plant” have the meanings given in paragraph 2(1) of Schedule 25A;

(b)“permitting date” has the meaning given in paragraph 3(2) of Schedule 25B.]

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

(3) In respect of a radioactive substances activity, paragraph (1) does not apply to a person to whom a radioactive substances exemption applies for that activity.

(4) Paragraph (5) applies to a person (“A”) who—

(a)receives radioactive waste from another person (“B”) for the purposes of A disposing of that waste, and

(b)subsequently disposes of that waste.

(5) Where this paragraph applies, A does not require an environmental permit—

(a)for the receipt of waste from B, where B holds an environmental permit which allows B to dispose of the waste to A, or

(b)for the subsequent disposal of that waste by A, where the waste is disposed of in accordance with the permit held by B.

Textual Amendments

F1Reg. 12(1A)(1B) inserted (30.1.2018) by The Environmental Permitting (England and Wales) (Amendment) Regulations 2018 (S.I. 2018/110), regs. 1, 7

Modifications etc. (not altering text)

C1Reg. 12 excluded (22.12.2017) by The M20 Junction 10a Development Consent Order 2017 (S.I. 2017/1202), arts. 1, 3(1)(a) (with arts. 4, 37)

C2Reg. 12 excluded in part (31.5.2018) by The Silvertown Tunnel Order 2018 (S.I. 2018/574), arts. 1(2), 3(1)(o)

C3Reg. 12 restricted (13.3.2019) by The Port of Tilbury (Expansion) Order 2019 (S.I. 2019/359), arts. 1, 3(1)(f) (with arts. 55, 56)