PART 3Discharge of functions in relation to a regulated facility

Discharge of functions32

1

Subject to regulation 33, functions in relation to a regulated facility, other than a regulated facility mentioned in paragraph (2), are exercisable by the Agency.

2

Functions in relation to a regulated facility of the following description or class are exercisable by the local authority in whose area the regulated facility is or will be operated—

a

a Part A(2) installation or Part A(2) mobile plant;

b

a Part B installation or Part B mobile plant, but not in respect of any of the following regulated facilities carried on at the installation or by means of mobile plant—

i

a waste operation (unless it is a Part B activity),

ii

a mining waste operation,

iii

a water discharge activity,

iv

a groundwater activity.

3

If the principal place of business of the operator of Part A(2) mobile plant or Part B mobile plant is in England and Wales, functions in relation to that regulated facility are exercisable by the local authority in whose area the place of business is.

4

If the principal place of business of the operator of Part A(2) mobile plant or Part B mobile plant is not in England and Wales, functions in relation to that regulated facility are exercisable by—

a

the local authority which granted the environmental permit authorising the operation of the regulated facility; or

b

if no permit has been granted, the local authority in whose area the regulated facility is first operated, or is intended to be first operated.

5

In this regulation, “functions” includes relevant functions.