The Environmental Permitting (England and Wales) Regulations 2016

Changes to legislation:

The Environmental Permitting (England and Wales) Regulations 2016, Section 12 is up to date with all changes known to be in force on or before 02 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.

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Changes and effects yet to be applied to Regulation 12:

reg. 12 excluded by S.I. 2020/1297 art. 3(1)(f) (This amendment not applied to legislation.gov.uk. S.I. 2020/1297 was withdrawn following a request from the Department of Transport dated 9th August 2021 which followed the decision of the High Court of Justice to quash this Order in the judgement dated 2nd August 2021 (High Court of Justice — Planning Court — The Queen (on the application of Save Stonehenge World Heritage Site) v. Secretary of State for Transport — Case No. CO/4844/2020))
reg. 12 excluded by S.I. 2021/51 art. 3(f) (This amendment not applied to legislation.gov.uk. S.I. 2021/51 removed from the website by request from the Department of Transport dated 12th July 2021 which followed the decision of the High Court of Justice to quash these Regulations in the judgement dated 8th July 2021 (High Court of Justice — Planning Court — The Queen (on the application of Mair Bain) v. Secretary of State for Transport — Case No. CO/642/2021).)
reg. 12 excluded by S.I. 2024/752 art. 3(1)

Requirement for an environmental permitE+W

This section has no associated Explanatory Memorandum

12.—(1) A person must not, except under and to the extent authorised by an environmental permit—

(a)operate a regulated facility, or

(b)cause or knowingly permit a water discharge activity or groundwater activity.

[F1(1A) Paragraph (1)(a) does not apply in relation to the operation of a medium combustion plant, mobile medium combustion plant or a specified generator comprising—

(a)a new medium combustion plant, before 20th December 2018;

(b)an existing medium combustion plant with a rated thermal input greater than 5 megawatts, before 1st January 2024;

(c)an existing medium combustion plant with a rated thermal input of less than or equal to 5 megawatts, before 1st January 2029;

(d)a specified generator, before the permitting date,

unless that medium combustion plant, mobile medium combustion plant or specified generator, is required to have a permit by virtue of forming part of another class of regulated facility.

(1B) For the purposes of paragraph (1A)—

(a)“existing medium combustion plant” and “new medium combustion plant” have the meanings given in paragraph 2(1) of Schedule 25A;

(b)“permitting date” has the meaning given in paragraph 3(2) of Schedule 25B.]

(2) Paragraph (1)(b) does not apply if the water discharge activity or groundwater activity is an exempt facility.

(3) In respect of a radioactive substances activity, paragraph (1) does not apply to a person to whom a radioactive substances exemption applies for that activity.

(4) Paragraph (5) applies to a person (“A”) who—

(a)receives radioactive waste from another person (“B”) for the purposes of A disposing of that waste, and

(b)subsequently disposes of that waste.

(5) Where this paragraph applies, A does not require an environmental permit—

(a)for the receipt of waste from B, where B holds an environmental permit which allows B to dispose of the waste to A, or

(b)for the subsequent disposal of that waste by A, where the waste is disposed of in accordance with the permit held by B.

Textual Amendments

F1Reg. 12(1A)(1B) inserted (30.1.2018) by The Environmental Permitting (England and Wales) (Amendment) Regulations 2018 (S.I. 2018/110), regs. 1, 7

Modifications etc. (not altering text)

C1Reg. 12 excluded (22.12.2017) by The M20 Junction 10a Development Consent Order 2017 (S.I. 2017/1202), arts. 1, 3(1)(a) (with arts. 4, 37)

C2Reg. 12 excluded in part (31.5.2018) by The Silvertown Tunnel Order 2018 (S.I. 2018/574), arts. 1(2), 3(1)(o)

C3Reg. 12 restricted (13.3.2019) by The Port of Tilbury (Expansion) Order 2019 (S.I. 2019/359), arts. 1, 3(1)(f) (with arts. 55, 56)