The Major Accident Off-Site Emergency Plan (Management of Waste from Extractive Industries) (England and Wales) Regulations 2009

Requirement for off-site emergency plan E+W

4.—(1) This regulation applies where the competent authority receives any off-site emergency plan information from the [F1 regulator] in relation to a mining waste facility [F2 in the authority’s area] .

(2) The competent authority must draw up an emergency plan (in these Regulations referred to as an “off-site emergency plan”) in respect of that mining waste facility which—

(a) specifies the measures to be taken off-site in the event of an accident; and

(b) is adequate to secure the objectives specified in regulation 5.

(3) If at any time the competent authority considers that it does not have the information necessary to be able to draw up the off-site emergency plan (“necessary information”), it must as soon as is practicable give written notice to the operator of that mining waste facility in compliance with the requirements set out in paragraph (4).

(4) The requirements in this paragraph are—

(a) the notice must require the operator to provide such additional information as is specified in the notice (“specified additional information”) to the competent authority by the date specified in the notice (“specified date”) which must be at least 30 days from the date on which the notice was given; and

(b) where paragraph (9) applies, the notice must be given at least 9 weeks before the date by which that paragraph requires the off-site emergency plan to be drawn up.

(5) The operator must provide the specified additional information to the competent authority by the specified date.

(6) When the competent authority considers that it has the necessary information, it must as soon as practicable give written notice to the [F1 regulator] to that effect.

(7) If, one month before the date by which paragraph (9) requires the off-site emergency plan to be drawn up, the competent authority considers that the operator has not provided the necessary information, it must give written notice to the operator indicating—

(a) that the competent authority intends to give a notice to the [F1 regulator] stating the operator has not provided the necessary information;

(b) the date on which the competent authority intends to give that notice which must be at least 15 days after the competent authority gives notice to the operator under this paragraph (“intended date”);

(c) that if the operator provides the necessary information before the intended date, the competent authority will not give a notice to the [F1 regulator] .

(8) If, on the intended date, the competent authority considers that the operator has not provided the necessary information, it must on that date give written notice to that effect to the [F1 regulator] .

(9) Subject to paragraph (10), the off-site emergency plan must be drawn up by the competent authority no later than six months (or such longer period, not exceeding nine months, as the competent authority may agree with the operator in writing) after the relevant date.

(10) If the competent authority gives a notice under paragraph (8), the duty in paragraph (9) ceases to apply.

(11) The competent authority must consult the operator, the [F1 regulator] , the Health and Safety Executive, the emergency services and each health authority for the area in the vicinity of the mining waste facility on the preparation of the off-site emergency plan.

(12) The off-site emergency plan must be tested by the competent authority to the extent necessary to ensure that the plan is adequate to secure the objectives specified in regulation 5.

(13) In this regulation—

“off-site emergency plan information” means information mentioned in the second sentence of the third paragraph of Article 6(3) of the Mining Waste Directive; and

“relevant date” means the date the off-site emergency plan information is received by the competent authority.

Textual Amendments

F1 Word in reg. 4 substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 4 para. 328(2) (with Sch. 7)

F2 Words in reg. 4(1) substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 4 para. 328(3) (with Sch. 7)