The Environmental Permitting (England and Wales) (Amendment) (England) (No. 2) Regulations 2023

Statutory Instruments

2023 No. 1046

Environmental Protection, England

The Environmental Permitting (England and Wales) (Amendment) (England) (No. 2) Regulations 2023

Made

26th September 2023

Coming into force

1st December 2023

The Secretary of State makes these Regulations in exercise of the powers conferred by—

(a) sections 2 and 7(9) of, and paragraph 17 of Schedule 1 to, the Pollution Prevention and Control Act 1999(1) (“the 1999” Act);

(b) section 61 of, and paragraph 26 of Schedule 8 to, the Water Act 2014(2) (“the 2014 Act”), and

(c) sections 36, 42, 53 to 55, 62, 63 and 65 of the Regulatory Enforcement and Sanctions Act 2008(3) (“the 2008 Act”).

In accordance with section 66 of the 2008 Act, the Secretary of State is satisfied that the Environment Agency will act in accordance with the principles referred to in section 5(2) of that Act in exercising the powers in these Regulations.

In accordance with section 2(4) of the 1999 Act and section 61(5) of the 2014 Act, before making these Regulations the Secretary of State has consulted—

(a) the Environment Agency;

(b) the Natural Resources Body for Wales;

(c) such bodies or persons as appear to the Secretary of State to be representative of the interests of local government, industry, agriculture and small businesses; and

(d) such other bodies and persons as the Secretary of State considers appropriate.

A draft of this instrument has been approved by a resolution of each House of Parliament pursuant to section 62(3) of the 2008 Act.

(1)

1999 c. 24. Section 2 was amended by section 62 of the Water Act 2014 (c. 21) and by S.I. 2013/755 (W. 90). Relevant amendments to Schedule 1 applying in relation to England and Wales were made by section 105 of the Clean Neighbourhoods and Environment Act 2005 (c. 16) and by S.I. 2015/664 and 2023/149.

(2)

2014 c. 21. Section 61(3).

(3)

2008 c. 13. Section 42(6) was amended by the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Fines on Summary Conviction) Regulations 2015 (S.I. 2015/664).