The Environmental Permitting (England and Wales) Regulations 2016

Exercise of relevant functions

5.—(1) The regulator must exercise its relevant functions so as to ensure compliance with the following provisions of the Landfill Directive—

(a) Article 4;

(b) Article 5(3) and (4);

(c) Article 6;

(d) Article 8, but not in respect of nuisances and hazards arising from traffic beyond the site of a landfill;

(e) Article 9;

(f) Article 10;

(g) Article 11(1);

(h) Article 12;

(i) Article 13;

(j) Article 14.

(2) The regulator must exercise those relevant functions having regard to Article 1 of the Landfill Directive.

(3) The regulator must exercise those relevant functions so as to ensure compliance with the requirements imposed on the member State by the following provisions of the Decision—

(a) Article 2;

(b) Article 3;

(c) Article 4.

(4) The regulator may exercise those relevant functions so as to permit the storage of metallic mercury in accordance with Regulation (EC) No 1102/2008 of the European Parliament and of the Council on the banning of exports of metallic mercury and certain mercury compounds and mixtures and the safe storage of metallic mercury(1).

(5) For the purposes of Article 5(1) of that Regulation, the regulator must send to the Secretary of State—

(a) a copy of any permit issued for a facility designated to store metallic mercury temporarily or permanently, and

(b) the respective safety assessment pursuant to Article 4(1) of that Regulation.

(1)

OJ No L 304, 14.11.2008, p 75.