Except where otherwise provided, in these Regulations—

• “the 1990 Act” means the Environmental Protection Act 19905;

• “the 1995 Act” means the Environment Act 19956;

• “the 1994 Regulations” means the Waste Management Licensing Regulations 19947;

• “the 2000 Regulations” means the Pollution Prevention and Control (England and Wales) Regulations 20008;

• “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 19479;

• “appropriate authority” means—

  1. a

     in relation to England, the Secretary of State, and

  2. b

     in relation to Wales, the Welsh Ministers;

• “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

     in relation to a waste operation not falling within paragraph (a) to (d), 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 vehicles10;

• “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;

• “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 200511,

  2. b

     in Wales, regulation 6 of the Hazardous Waste (Wales) Regulations 200512;

• “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;

• “the IPPC Directive” means Council Directive 96/61/EC concerning integrated pollution prevention and control13;

• “landfill” has the meaning given in Article 2(g) of the Landfill Directive;

• “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 waste14, as read with Council Decision 2003/33/EC15 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;

• “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;

• “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;

• “the Waste Framework Directive” means Directive 2006/12/EC of the European Parliament and of the Council on waste16;

• “the Waste Incineration Directive” means Directive 2000/76/EC of the European Parliament and of the Council on the incineration of waste17;

• “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 equipment18; 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 197119.

In these Regulations, a power to give a direction includes a power to vary or revoke it.

In these Regulations—

• “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.

In these Regulations—

• “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.

In these Regulations—

• “Part A mobile plant” means Part A(1) mobile plant or Part A(2) mobile plant;

• “Part A(1) mobile plant” means mobile plant used to carry on a Part A(1) activity, including plant also carrying on a Part A(2) activity or a Part B activity;

• “Part A(2) mobile plant” means mobile plant used to carry on a Part A(2) activity, not being Part A(1) mobile plant but including plant also carrying on a Part B activity; and

• “Part B mobile plant” means mobile plant used to carry out a Part B activity, not being Part A mobile plant.

But a waste operation is not an exempt waste operation to the extent that it involves hazardous waste or the storage or treatment of WEEE, unless otherwise indicated in Part 1 of Schedule 3.

Schedule 2 (exempt waste operations: general) has effect.

Where a port health authority has been constituted for a port health district by an order under section 2 of the Public Health (Control of Disease) Act 198424 that authority is the local authority for the area covered by that district in relation to a Part B installation.

An exempt waste operation is not a regulated facility.

In this regulation—

• “household waste” has the meaning given in section 75(5) of the 1990 Act; and

• “waste mobile plant” means mobile plant which—

  1. a

     is used to carry on a waste operation, and

  2. b

     is not Part A mobile plant or Part B mobile plant.

In this regulation, “instrument” means a notice, notification, certificate, direction or form under these Regulations.

An instrument must be in writing.

In the case of a body corporate, an instrument may be served on or given to the secretary or clerk of that body.

In the case of a partnership, an instrument may be served on or given to a partner or a person having control or management of the partnership business.

If a person to be served with or given an instrument has specified an address in the United Kingdom other than his proper address at which he or someone on his behalf will accept instruments of that description, that address must also be treated as his proper address.

For the purposes of paragraph (7), the principal office of a company registered outside the United Kingdom or of a partnership established outside the United Kingdom is their principal office in the United Kingdom.

A form provided by the regulator which specifies an electronic address for submission may be submitted electronically to that address.

A form provided by the regulator for completion and submission through a website may be submitted through that site.