The Environmental Permitting (England and Wales) (Amendment) (England) Regulations 2023

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations make amendments to the Environmental Permitting (England and Wales) Regulations 2016 (S.I. 2016/1154) (“the 2016 Regulations”) in relation to the management and protection of groundwater quality in England.

Regulation 3 makes amendments to definitions in regulation 2(1) of the 2016 Regulations, and inserts several new definitions in that provision, for example a definition for “groundwater mobile plant”.

Regulation 4 makes amendments to regulation 24 of the 2016 Regulations with the effect that environmental permits for activities relating to hydrocarbon exploration or extraction or which intersect a hydrocarbon formation may be surrendered by notifying the Environment Agency.

Regulation 5 makes amendments to Parts 2 and 3 of Schedule 3 to the 2016 Regulations which deals with exempt facilities and waste operations to which section 33(1)(a) of the Environmental Protection Act 1990 (c. 43) does not apply. The amendments have the effect that certain closed-loop ground source heating and cooling systems and low-environmental-risk burials at new cemeteries or new extensions of cemeteries are exempt so long as the conditions set out in the new provision are met.

Regulation 6 makes amendments to paragraph 6 of Schedule 21 to the 2016 Regulations, which deals with liability resulting from the discharge of sewage effluent from public sewers.

Regulation 7 makes amendments to Schedule 22 to the 2016 Regulations, which deals with groundwater activities.

A copy of any British Standard referred to in these Regulations may be obtained from www.bsigroup.com or by contacting British Standards Institute Customer Services at [e-mail] or at 389 Chiswick High Road London, W4 4AL, United Kingdom or by calling telephone number 0345 086 9001.

A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen.