The Environmental Permitting (England and Wales) Regulations 2007

Citation, commencement and extentF251

Interpretation: generalF252

• “the 1990 Act” means the Environmental Protection Act 1990 M5;

• “the 1995 Act” means the Environment Act 1995 M6;

• “the 1994 Regulations” means the Waste Management Licensing Regulations 1994 M7;

• “the 2000 Regulations” means the Pollution Prevention and Control (England and Wales) Regulations 2000 M8;

• “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 M9;

• F17“the Animal By-Products Regulations” means—

  1. a

     in relation to England, the Animal By-Products Regulations 2005,

  2. b

     in relation to Wales, the Animal By-Products (Wales) Regulations 2006;

• “appropriate authority” means—

  1. a

     in relation to England, the Secretary of State, and

  2. b

     in relation to Wales, the Welsh Ministers;

• F4“Category A mining waste facility” means a mining waste facility that is classified as Category A under Article 9 of the Mining Waste Directive;

• F1“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—

  1. a

     in relation to a SED activity, an operation which—

     1. i

        has a technical connection with the SED activity,

     2. ii

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

     3. iii

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

  2. b

     in relation to any other activity, an operation which—

     1. i

        has a technical connection with the activity,

     2. ii

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

     3. 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—

  1. 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,

  2. 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,

  3. 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,

  4. d

     in relation to Part B mobile plant, the direct release of substances or heat from the mobile plant into the air, and

  5. e

     F5in relation to—

     1. i

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

     2. 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 M10;

• “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—

  1. a

     in England, regulation 6 of the Hazardous Waste (England and Wales) Regulations 2005 M11,

  2. b

     in Wales, regulation 6 of the Hazardous Waste (Wales) Regulations 2005 M12;

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

  1. a

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

  2. 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 DirectiveF8, 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 M13, as read with Council Decision 2003/33/ECM14 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—

  1. a

     is not an installation,

  2. b

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

  3. 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—

  1. a

     be harmful to human health or the quality of the environment,

  2. b

     cause offence to a human sense,

  3. c

     result in damage to material property, or

  4. 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—

  1. a

     in relation to a regulated facility for which a local authority is the regulator, the appropriate authority, and

  2. 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—

  1. a

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

  2. 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—

  1. a

     is waste for the purposes of the Waste Framework Directive, and

  2. b

     is not excluded from the scope of that Directive by Article 2(1) of that Directive;

• F2“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 M15;

• “the Waste Incineration Directive” means Directive 2000/76/EC of the European Parliament and of the Council on the incineration of waste M16;

• “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 M17; and

• “working day” means a day other than—

  1. a

     a Saturday or a Sunday,

  2. b

     Good Friday or Christmas Day, or

  3. c

     a day which is a bank holiday under the Banking and Financial Dealings Act 1971 M18.

Interpretation: activities, installations and mobile plantF253

• “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.

• “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.

Interpretation: excluded waste operationF254

F18Interpretation: exempt waste operationF255

Interpretation: local authorityF256

Interpretation: operatorF257

Interpretation: regulated facilityF258

Interpretation: relevant functionF259

Giving notices, notifications and directions, and the submission of formsF2510

Interpretation of this PartF2567

Savings72

Consequential amendmentsF2573