The Environmental Permitting (England and Wales) Regulations 2016

PART 7 E+W Radioactivity to be disregarded

Application E+W

1.—(1) For the purposes of the matters referred to in sub-paragraph (2), no account is to be taken of any radioactivity possessed by a substance or article or by a part of any premises.

(2) The matters are—

(a) the operation of a provision to which this Part applies,

(b) the exercise of a power conferred by, or for the enforcement of, a provision to which this Part applies, and

(c) the performance of a duty imposed by, or for the enforcement of, a provision to which this Part applies.

(3) This Part applies to a provision—

(a) specified in paragraph 2,

(b) contained in an instrument made under a provision so specified,

(c) which has effect by virtue of a provision so specified, or

(d) which extends or applies a provision so specified.

(4) This Part also applies to a provision of a local enactment (whenever passed or made and however expressed) insofar as it—

(a) prohibits or restricts—

(i) the disposal or accumulation of waste,

(ii) the disposal or accumulation of a substance which is or causes a nuisance, or

(iii) a disposal or accumulation which causes pollution, or

(b) confers a power, or imposes a duty, on a public authority or an officer of a public authority to take action to prevent, restrict or abate a disposal or accumulation of a description given in paragraph (a).

(5) In sub-paragraph (4)—

(a) a reference to “disposal” in relation to a provision to which this Part applies, means—

(i) the discharge or deposit of a substance, or

(ii) the allowing of a substance to escape or to enter a stream or other place,

as may be mentioned in that provision, and

(b) “local enactment” means—

(i) a local or private Act,

(ii) an order confirmed by Parliament or brought into operation in accordance with special parliamentary procedure, or

(iii) an order confirmed by the National Assembly for Wales or brought into operation in accordance with special procedure in the Assembly.

Provisions of enactments E+W

2.—(1) The provisions referred to in paragraph 1(3) are those listed in Table 9 below.

(2) References to provisions of the 1991 Act have effect subject to the power conferred by section 98 of that Act M1 .

Table 9

Statutory provisions in respect of which radioactivity is to be disregarded

Act	Provisions
Public Health Act 1936	Sections 48, 79, 81, 82, 141, 259 and 261 M2 .
Water Act 1945	Section 18 M3 so far as it continues to have effect by virtue of Schedule 2 to the Water Consolidation (Consequential Provisions) Act 1991 M4 or by virtue of provisions of the Control of Pollution Act 1974 M5 not having been brought into force.
Salmon and Freshwater Fisheries Act 1975	Section 4 M6 .
Building Act 1984	Section 59 M7 .
The Planning (Hazardous Substances) Act 1990 M8	The whole Act.
The 1990 Act	Part 3 M9 (subject to regulation 47(3) of the Waste (England and Wales) Regulations 2011 M10 ).
Water Industry Act 1991	Sections 72, 111 and 113(6) M11 .
	In Part 4, Chapter 3 M12 .
	In Schedule 8, paragraphs 2 to 4 M13 so far as they re-enact provisions of sections 43 and 44 of the Control of Pollution Act 1974 M14 .
The 1991 Act	Sections 82, 84, 92, 93, 161-161D, 190, 202 and 203 M15 .
	In Schedule 25, paragraph 6 M16 .
Clean Air Act 1993 M17	Section 16.
Marine and Coastal Access Act 2009 M18	Section 155.

Marginal Citations

M1 Section 98 was amended by S.I. 2010/675.

M2 1936 c. 49; section 48 was amended by paragraph 2(1) of Schedule 1 and Part 1 of Schedule 3 to the Water Consolidation (Consequential Provisions) Act 1991 (c. 60). Section 79 is prospectively repealed by paragraph 7 of Schedule 3, and Schedule 4, to the Control of Pollution Act 1974 (c. 40) as from a day to be appointed. Section 82 was amended by paragraph 18(2) of Part 1 of Schedule 11 to the London Government Act 1963 (c. 33). Section 141 was amended by paragraph 4(2) of Schedule 15 to the 1990 Act. Section 259 was amended by Schedule 4 to the Control of Pollution Act 1974 and paragraph 4(3) of Schedule 15 to the 1990 Act.

M3 1945 c. 42; section 18 is prospectively repealed by Schedule 4 to the Control of Pollution Act 1974 as from a day to be appointed.

M4 1991 c. 60; Schedule 2 was amended by paragraph 29(3) of Part 2 of Schedule 7 to the Water Act 2003 (c. 37).

M5 1974 c. 40.

M6 1975 c. 51; section 4 was amended by section 233 (2)(a) of, and Part 5(B) of Schedule 22 to, the Marine and Coastal Access Act 2009 (c. 23), and by S.I. 2013/755 (W. 90).

M7 1984 c. 55; section 59 was amended by Part 1 of Schedule 6 to the Airports Act 1986 (c. 31), section 5(b) of, and the Schedule to, the Sustainable and Secure Buildings Act 2004 (c. 22) and by S.I. 2001/3335, 4050, 2002/440 and 2011/2491. It is prospectively amended by paragraph 26(3) of Schedule 3 to the Flood and Water Management Act 2010 (c. 29) from a date to be appointed.

M8 1990 c. 10.

M9 Part 3 was amended by Part 1 of Schedule 16 to the 1990 Act, paragraph 4 of Schedule 4, and Schedule 6, to the Clean Air Act 1993 (c. 11), sections 2 to 5 and 10 of the Noise and Statutory Nuisance Act 1993 (c. 40), paragraph 17(5) of Schedule 9 to the Local Government (Wales) Act 1994, paragraph 27 of Schedule 3 to the Vehicle Excise and Registration Act 1994 (c. 22), paragraph 89(2) and (3) of Schedule 22, and Schedule 24, to the 1995 Act, paragraphs 3 and 6 of Schedule 2 to the Pollution Prevention and Control Act 1999 (c. 24), and sections 86, 101, 102 and 103 of the Clean Neighbourhoods and Environment Act 2005 (c. 16), and by S.I. 2000/1973 and 2015/664. It is prospectively amended by Schedule 3 to the Pollution Prevention and Control Act 1999 from a date to be appointed.

M10 S.I. 2011/988, to which there are amendments not relevant to these Regulations.

M11 1991 c. 56; section 72 was amended by paragraph 21 of Schedule 8 to the Water Act 2003 and paragraph 69 of Schedule 7 to the Water Act 2014 (c. 21). Section 111 was amended by paragraph 39(2) of Schedule 7 to the Water Act 2003.

M12 Chapter 3 of Part 4 was amended by paragraph 89(a) of Schedule 13 to the Merchant Shipping Act 1995 (c. 21), paragraphs 105 to 113 of Schedule 22, and Schedule 24, to the 1995 Act, section 36(2) of the Water Act 2003, and paragraph 1(2) of Part 1 of Schedule 11 to the Constitutional Reform Act 2005 (c. 4), and by S.I. 2000/1973, 2007/3538, 2010/675, 2011/1043 and 2013/755 (W. 90). It is prospectively amended by Schedule 3 to the Pollution Prevention and Control Act 1999, by sections 88(1), (3) and (4) and 89 of, and Part 3 of Schedule 9 to, the Water Act 2003, and by section 66(2) of the Environment (Wales) Act 2016 (anaw. 3) from a date to be appointed.

M13 Paragraph 2 of Schedule 8 is prospectively amended by paragraph 123 of Schedule 7 to the Water Act 2014 from a date to be appointed. Paragraphs 3 and 4 were amended by section 36(2) of the Water Act 2003.

M14 Section 43 was repealed by Part 1 of Schedule 3 to the Water Consolidation (Consequential Provisions) Act 1991. Section 44 was repealed by Part 1 of Schedule 27 to the Water Act 1989 (c. 15) and Part 1 of Schedule 3 to the Water Consolidation (Consequential Provisions) Act 1991.

M15 Section 84 was amended by S.I. 2010/675 and 2013/755(W. 90). Section 92 was amended by paragraph 144 of Schedule 22 to the 1995 Act, and by S.I. 2010/675 and 2013/755 (W. 90). Section 93 was amended by S.I. 2009/3104 and 2013/755 (W. 90). Section 161 was substituted, together with sections 161ZA-161ZC, 161A, 161AA, 161AB, by S.I. 2009/3104. Sections 161, 161ZA, 161ZB, 161A and 161AA were amended by S.I. 2013/755 (W. 90). Sections 161ZC and 161AB were amended by S.I. 2010/675 and 2013/755 (W. 90). Sections 161B to 161D were inserted by paragraph 162 of Schedule 22 to the 1995 Act. Section 161B was amended by S.I. 2007/3538 and 2013/755 (W. 90). Sections 161D was amended by S.I. 2013/755 (W. 90) and 2015/664. Section 190 was amended by paragraph 169 of Schedule 22, and Schedule 24, to the 1995 Act, and by S.I. 2010/675 and 2013/755 (W. 90). Section 202 was amended by paragraph 172 of Schedule 22, and Schedule 24, to the 1995 Act. Section 203 was amended by paragraph 128 of Schedule 22 to the 1995 Act, paragraph 53(2) of Schedule 8 to the Water Act 2003, and paragraph 125 of Schedule 7 to the Water Act 2014, and by S.I 2007/3538.

M16 Paragraph 6 of Schedule 25 was amended by paragraph 26 of Schedule 15 to the 1995 Act, section 224 of, and paragraph 24 of Schedule 16, and Part 5(B) of Schedule 22, to, the Marine and Coastal Access Act 2009, and by S.I. 2013/755 (W. 90).

M17 1993 c. 11.

M18 2009 c. 23.