The Environmental Permitting (England and Wales) (Amendment) (No. 3) Regulations 2015

Statutory Instruments

2015 No. 1756

Environmental Protection, England And Wales

The Environmental Permitting (England and Wales) (Amendment) (No. 3) Regulations 2015

Made

6th October 2015

Laid before Parliament

9th October 2015

Laid before the National Assembly for Wales

9th October 2015

Coming into force

30th October 2015

The Secretary of State and the Welsh Ministers make these Regulations in exercise of the powers conferred by sections 2 and 7(9)(a) of, and Schedule 1 to, the Pollution Prevention and Control Act 1999(1).

The Secretary of State and the Welsh Ministers have, in accordance with section 2(4) of the Pollution Prevention and Control Act 1999, consulted—

(a)

the Environment Agency;

(b)

the Natural Resources Body for Wales;

(c)

such bodies or persons appearing to them to be representative of the interests of local government, industry, agriculture and small businesses as they consider appropriate; and

(d)

such other bodies or persons as they consider appropriate.

Citation and commencement E+W+S

1.  These Regulations may be cited as the Environmental Permitting (England and Wales) (Amendment) (No. 3) Regulations 2015 and come into force on 30th October 2015.

Amendment of the Environmental Permitting (England and Wales) Regulations 2010 E+W+S

2.  The Environmental Permitting (England and Wales) Regulations 2010(2) are amended in accordance with regulations 3 to 5.

Amendment of regulation 37 E+W+S

3.  In regulation 37 (suspension notices)—

(a) after paragraph (3) insert—

“(3A) If the regulator considers that the manner of operating a regulated facility contravenes an environmental permit condition, and that such contravention involves a risk of pollution, it may serve a suspension notice on the operator.”;

(b) in paragraph (4)—

(i) after “paragraph (2)” insert “or (3A)”;

(ii) for sub-paragraph (a)(i) to (iii) substitute—

“(i) the risk mentioned in paragraph (2) or (3A);

(ii) the steps that must be taken to remove that risk;

(iii) in a case where paragraph (3A) applies, the matters constituting the contravention mentioned in that paragraph;

(iv) in a case where paragraph (3A) applies, the steps that must be taken to remedy that contravention; and

(v) the period within which the steps mentioned in paragraph (ii) or (iv) must be taken;”; and

(c) after paragraph (7) insert—

“(7A) Where a suspension notice has the effect of preventing waste of a specified description being accepted at a regulated facility, the notice may require the operator of that facility to display appropriate signs at such places as may be specified in the notice, informing the public that no further waste of a specified description may be accepted at that facility.”.

Amendment of regulation 42 E+W+S

4.  For regulation 42 (enforcement by the High Court), substitute—

“42.   The regulator may take proceedings in the High Court for the purpose of securing compliance with an enforcement notice, suspension notice, prohibition notice, landfill closure notice or mining waste facility closure notice (whether or not it has taken other steps for that purpose).”.

Amendment of regulation 57 E+W+S

5.  In regulation 57 (power of the regulator to prevent or remedy pollution)—

(a) for paragraph (1) substitute—

“(1) If the regulator considers that a risk of serious pollution exists as a result of the operation of a regulated facility or an exempt facility, it may arrange for steps to be taken to remove that risk.”;

(b) in paragraphs (4), (5)(a) and (5)(b), for “the operator” substitute “the relevant person”; and

(c) after paragraph (5) insert—

“(6) In this regulation, “the relevant person” means—

(a) an operator;

(b) an establishment or undertaking carrying on an exempt waste operation; or

(c) a person carrying on a water discharge activity or groundwater activity.”.

Rory Stewart

Parliamentary Under Secretary of State

Department for Environment, Food and Rural Affairs

5th October 2015

Carl Sargeant

Minister for Natural Resources

One of the Welsh Ministers

6th October 2015

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Environmental Permitting (England and Wales) Regulations 2010 (S.I. 2010/675) (“the 2010 Regulations”).

Regulation 3 amends regulation 37 of the 2010 Regulations to allow the regulator (the Environment Agency in relation to England, the Natural Resources Body for Wales in relation to Wales and local authorities in both countries) to serve a suspension notice where it considers that there has been a contravention of an environmental permit condition and such contravention involves a risk of pollution. It also allows the regulator to require the operator to put up a sign to make clear to the public that no further waste of a specified description may be accepted at that facility.

Regulation 4 amends regulation 42 of the 2010 Regulations to make clear that the regulator may make an application to the High Court whether or not it has taken other steps to secure compliance with an enforcement notice or other specified type of notice.

Regulation 5 amends regulation 57 of the 2010 Regulations to allow the regulator to arrange for steps to be taken to remove the risk of serious pollution which arises as a result of the operation of a regulated facility or an exempt facility.

An impact assessment in relation to England has not been produced for this instrument as no, or no significant, impact on the private or voluntary sectors is foreseen. The Welsh Ministers’ Code of Practice on the carrying out of regulatory impact assessments for subordinate legislation was considered in relation to these Regulations. As a result, a regulatory impact assessment in relation to Wales has been prepared as to the likely costs and benefits of complying with these Regulations. A copy can be obtained from Welsh Government, Cathays Park, Cardiff CF10 3NQ and is published on www.gov.wales.

(1)

1999 c. 24. Section 2 was amended by the Water Act 2014 (c. 21), section 62(13) and by S.I. 2013/755. Functions of the Secretary of State under or in relation to section 2, so far as exercisable in relation to Wales, were transferred to the National Assembly for Wales, except in relation to offshore oil and gas exploration and exploitation, by the National Assembly for Wales (Transfer of Functions) Order 2005 (S.I. 2005/1958), article 3(1). Functions of the National Assembly for Wales were transferred to the Welsh Ministers by the Government of Wales Act 2006 (c. 32), Schedule 11, paragraph 30. Schedule 1 was amended by the Waste and Emissions Trading Act 2003 (c. 33), section 38, the Clean Neighbourhoods and Environment Act 2005 (c. 16), section 105(1) and S.I. 2005/925, 2011/1043, 2012/2788 and 2015/664.

(2)

S.I. 2010/675, to which there are amendments not relevant to these Regulations.