The Environmental Permitting (England and Wales) Regulations 2016

PART 3 E+W Discharge of functions in relation to a regulated facility

Discharge of functions E+W

32.—(1) Subject to paragraphs (2) to (7), and paragraph 12 of Part 2 of Schedule 23—

(a) functions in relation to a regulated facility that is or will be operated in England are exercisable by the Agency;

(b) functions in relation to a regulated facility that is or will be operated in Wales are exercisable by the NRBW.

(2) Subject to paragraph (4), in relation to waste mobile plant [F1 and mobile medium combustion plant]—

(a) if the principal place of business of the operator is in England, functions are exercisable by the Agency;

(b) if the principal place of business of the operator is in Wales, functions are exercisable by the NRBW;

(c) if the principal place of business of the operator is not in England or in Wales, functions are exercisable by—

(i) the appropriate agency that granted the environmental permit authorising the operation of that waste mobile plant [F2 or mobile medium combustion plant], or

(ii) if no permit has been granted, the appropriate agency in whose area [F3 that waste mobile plant or mobile medium combustion plant] is first intended to be operated.

(3) Paragraph (4) applies—

(a) where by virtue of paragraph (2) functions in relation to waste mobile plant [F4 or mobile medium combustion plant] are exercisable by the Agency, and that waste mobile plant [F4 or mobile medium combustion plant] is operated at a site in Wales, or

(b) where by virtue of paragraph (2) functions in relation to waste mobile plant [F4 or mobile medium combustion plant] are exercisable by the NRBW, and that waste mobile plant [F4 or mobile medium combustion plant] is operated at a site in England.

(4) Where this paragraph applies, functions under regulations 36, 37 and 57 and paragraph 9 of [F5 Schedule 22] are exercisable in relation to the waste mobile plant [F6 or mobile medium combustion plant] referred to in paragraph (3) by both the Agency and the NRBW.

(5) [F7 Subject to paragraph (5A),] 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 [F8 but not, from the transfer date, in respect of any medium combustion plant or specified generator, in so far as they are carried on at the installation];

(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 that is not itself a Part B activity;

(ii) a mining waste operation;

(iii) a water discharge activity;

(iv) a groundwater activity;

[F9 (v) from the transfer date, a medium combustion plant or specified generator;]

(c) a small waste incineration plant;

(d) a solvent emission activity.

[F10 (5A) In the case of a Part B installation—

(a) where the only activity carried on at that installation is a medium combustion plant or a specified generator, or both, and

(b) which has been authorised by an environmental permit granted by a local authority before the transfer date,

the permit is deemed to have been granted by the appropriate agency immediately before the transfer date.

(5B) Where paragraph (5A) applies—

(a) anything (including, without limitation, legal proceedings) which, at the transfer date, is in the process of being done by a local authority in exercise of, or in connection with, a function that is being transferred may be continued by or in relation to the appropriate agency;

(b) anything done by or in relation to a local authority before the transfer date in the exercise of, or in connection with, a function that is being transferred is, so far as is required for continuing its effect on and after that date, to have effect as if done by or in relation to the appropriate agency;

(c) any reference to a local authority (and any reference which is to be read as a reference to a local authority) in any document constituting or relating to anything to which the provisions of paragraph (5A) apply, is so far as it is required for giving effect to those provisions, to be treated as a reference to the appropriate agency.

(5C) In this regulation—

(a) any reference to a medium combustion plant or to a specified generator includes any directly associated activity (as defined in paragraph 1(2) of Part 1 of Schedule 1) that, but for that medium combustion plant or specified generator, would not form part of an installation;

(b) “transfer date” means—

(i) in relation to a medium combustion plant, the date specified in paragraph 1(a) or (b) of Schedule 25A, as appropriate,

(ii) in relation to a specified generator, the “permitting date” described in paragraph 3(2) of Schedule 25B.]

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

(7) If the principal place of business of the operator of Part B mobile plant is not in England or in 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.

(8) In this regulation, “functions” includes relevant functions.

Textual Amendments

F1 Words in reg. 32(2) inserted (30.1.2018) by The Environmental Permitting (England and Wales) (Amendment) Regulations 2018 (S.I. 2018/110), regs. 1, 10(a)(i)

F2 Words in reg. 32(2)(c)(i) inserted (30.1.2018) by The Environmental Permitting (England and Wales) (Amendment) Regulations 2018 (S.I. 2018/110), regs. 1, 10(a)(ii)

F3 Words in reg. 32(2)(c)(ii) substituted (30.1.2018) by The Environmental Permitting (England and Wales) (Amendment) Regulations 2018 (S.I. 2018/110), regs. 1, 10(a)(iii)

F4 Words in reg. 32(3) inserted (30.1.2018) by The Environmental Permitting (England and Wales) (Amendment) Regulations 2018 (S.I. 2018/110), regs. 1, 10(b)

F5 Words in reg. 32(4) substituted (30.1.2018) by The Environmental Permitting (England and Wales) (Amendment) Regulations 2018 (S.I. 2018/110), regs. 1, 10(c)(i)

F6 Words in reg. 32(4) inserted (30.1.2018) by The Environmental Permitting (England and Wales) (Amendment) Regulations 2018 (S.I. 2018/110), regs. 1, 10(c)(ii)

F7 Words in reg. 32(5) inserted (30.1.2018) by The Environmental Permitting (England and Wales) (Amendment) Regulations 2018 (S.I. 2018/110), regs. 1, 10(d)(i)

F8 Words in reg. 32(5)(a) inserted (30.1.2018) by The Environmental Permitting (England and Wales) (Amendment) Regulations 2018 (S.I. 2018/110), regs. 1, 10(d)(ii)

F9 Reg. 32(5)(b)(v) inserted (30.1.2018) by The Environmental Permitting (England and Wales) (Amendment) Regulations 2018 (S.I. 2018/110), regs. 1, 10(d)(iii)

F10 Reg. 32(5A)-(5C) inserted (30.1.2018) by The Environmental Permitting (England and Wales) (Amendment) Regulations 2018 (S.I. 2018/110), regs. 1, 10(e)

Direction to a regulator: discharge of functions by a different regulator E+W

33.—(1) An appropriate authority may direct—

(a) the appropriate agency to exercise such local authority functions as are, and for such period as is, specified in the direction, or

(b) a local authority to exercise such appropriate agency functions as are, and for such period as is, specified in the direction.

(2) A direction under this regulation may include such saving and transitional provisions as the appropriate authority considers necessary or expedient.

(3) A direction under this regulation may be made in respect of a description or class of regulated facility or a specific regulated facility.

(4) A direction under paragraph (1)(b) may only be made in respect of—

(a) an installation, but not in respect of a mining waste operation carried on at an installation, or

(b) mobile plant.

(5) When giving a direction under this regulation the appropriate authority must notify the persons in paragraph (6) of the direction and publish the direction on its website.

(6) The persons are—

(a) where the appropriate authority is the Secretary of State, the Agency,

(b) where the appropriate authority is the Welsh Ministers, the NRBW, and

(c) any local authority or other person whom the appropriate authority considers is affected by the direction.

(7) An appropriate authority must not comply with a duty under paragraph (5) in a case where the authority considers that to do so would be contrary to the interests of national security.

(8) In paragraph (1) (ignoring any direction under this regulation)—

“appropriate agency functions” means functions which are exercisable by the appropriate agency by virtue of regulation 32 or paragraph 2 of Schedule 2;

“local authority functions” means functions which are exercisable by a local authority by virtue of regulation 32 or paragraph 2 of Schedule 2.

Review of environmental permits and inspection of regulated facilities E+W

34.—(1) The regulator must periodically review environmental permits.

(2) The regulator must make appropriate periodic inspections of regulated facilities.

Specific provisions applying to environmental permits E+W

35.—(1) Schedules 7 to [F11 25B] have effect.

(2) To the extent that the operation of a regulated facility of a description or class mentioned in any of Schedules 7 to [F11 25B] requires an environmental permit, the requirements of that Schedule apply in relation to that regulated facility.

Textual Amendments

F11 Word in reg. 35 substituted (30.1.2018) by The Environmental Permitting (England and Wales) (Amendment) Regulations 2018 (S.I. 2018/110), regs. 1, 11