The Environmental Permitting (England and Wales) (Amendment) (England) Regulations 2014

Schedule 2 (exempt facilities: general)

9.  In Schedule 2—

(a) in paragraph 1 (interpretation: general)—

(i) for the heading substitute “Interpretation and application: general”;

(ii) after sub-paragraph (1) insert—

“(2) Paragraphs 4 and 5 apply in relation to Wales only;

(3) Paragraphs 4A and 5A apply in relation to England only.”;

(b) in paragraph 2 (Interpretation: exemption registration authority)—

(i) for the heading substitute “Interpretation: exemption registration authority and exemption authority”;

(ii) for sub-paragraph (4) substitute—

“(4) In relation to Wales only the NRBW is the exemption registration authority in relation to—

(a) a water discharge activity falling within a description in Part 2 of Schedule 3; and

(b) a groundwater activity falling within a description in Part 3 of Schedule 3.”;

(iii) for sub-paragraph (5) substitute—

“(5) In relation to England only—

(a) the Agency is the exemption registration authority in relation to—

(i) a water discharge activity falling within a description in paragraph 1 of Part 2 of Schedule 3; and

(ii) a groundwater activity falling within a description in paragraphs 2 or 4 of Part 3 of Schedule 3.

(b) the Agency is the exemption authority in relation to—

(i) a water discharge activity falling within a description in paragraph 2A of Part 2 of Schedule 3; and

(ii) a groundwater activity falling within a description in paragraph 3A of Part 3 of Schedule 3.”;

(c) in paragraph 4 (exempt water discharge activities) for the heading substitute “Exempt water discharge activities: Wales”);

(d) after paragraph 4 insert—

“Exempt water discharge activities: England

4A.   For the purpose of the definition of “exempt water discharge activity”, the requirements are—

(a) that the water discharge activity—

(i) falls within a description in Part 2 of Schedule 3; and

(ii) satisfies, in relation to an activity of that description, the relevant conditions specified in Part 2 of that Schedule;

(b) where the water discharge activity falls within a description in paragraph 1 (vegetation management activities) of Part 2 of Schedule 3, that (in addition to the requirements in sub-paragraph (a))—

(i) the activity is registered by the operator, and

(ii) subject to paragraph 9(10) of this Schedule, the operator is registered in relation to that activity; and

(c) that the water discharge activity does not cause pollution of inland freshwaters, coastal waters or relevant territorial waters.”;

(e) in paragraph 5 (exempt groundwater activities) for the heading substitute “Exempt groundwater activities: Wales”;

(f) after paragraph 5 insert—

“Exempt groundwater activities: England

5A.   For the purpose of the definition of “exempt groundwater activity”, the requirements are—

(a) that the groundwater activity—

(i) falls within a description in Part 3 of Schedule 3; and

(ii) satisfies, in relation to an activity of that description, the relevant conditions specified in Part 3 of that Schedule;

(b) where the groundwater activity falls within a description in paragraphs 2 (discharge of small quantities of substances for scientific purposes) or 4 (open-loop ground source heating and cooling systems) of Part 3 of Schedule 3, that (in addition to the requirements in sub-paragraph (a))—

(i) the activity is registered by the operator; and

(ii) subject to paragraph 9(10) of this Schedule, the operator is registered in relation to the activity; and

(c) that the groundwater activity does not cause pollution of groundwater.”;

(g) in paragraph 9(10) (exclusion from the register of information affecting national security) for “or 5(b)” substitute “, 4A(b), 5(b) or 5A(b)”.