Search Legislation

The Environmental Permitting (England and Wales) (Amendment) (No. 2) Regulations 2016

 Help about what version

What Version

 Help about advanced features

Advanced Features

Changes over time for: The Environmental Permitting (England and Wales) (Amendment) (No. 2) Regulations 2016 (without Schedules)

 Help about opening options

Changes to legislation:

There are currently no known outstanding effects for the The Environmental Permitting (England and Wales) (Amendment) (No. 2) Regulations 2016. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

Citation, commencement, extent, application and interpretationE+W

1.—(1) These Regulations may be cited as the Environmental Permitting (England and Wales) (Amendment) (No. 2) Regulations 2016.

(2) These Regulations come into force on 6th April 2016.

(3) These Regulations extend to England and Wales only.

(4) These Regulations do not apply in relation to the Isles of Scilly.

(5) In these Regulations, “the 1991 Act” means the Water Resources Act 1991(1).

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

2.  The Environmental Permitting (England and Wales) Regulations 2010(2) (referred to in these Regulations as “the principal Regulations”) are amended in accordance with regulations 3 to 28.

Amendment of regulation 2 (interpretation: general)E+W

3.  In regulation 2(1)—

(a)after the definition of “confidential information” insert—

“culvert” has the meaning given in paragraph 3 of Part 1 of Schedule 23ZA;;

(b)after the definition of “disposal” insert—

“drainage” has the meaning given in paragraph 2 of Part 1 of Schedule 23ZA;;

(c)after the definition of “establishment” insert—

“excluded flood risk activity” has the meaning given in paragraph 4 of Part 1 of Schedule 23ZA;;

(d)after the definition of “exempt facility” insert—

“exempt flood risk activity” has the meaning given in regulation 5;;

(e)after the definition of “extractive waste” insert—

“flood defence structure” has the meaning given in paragraph 2 of Part 1 of Schedule 23ZA;

“flood risk activity” has the meaning given in paragraph 3 of Part 1 of Schedule 23ZA;

“flood risk activity emergency works notice” means a notice served under paragraph 7 of Part 1 of Schedule 23ZA;

“flood risk activity notice of intent” means a notice served under paragraph 9(2) of Part 1 of Schedule 23ZA;

“flood risk activity remediation notice” means a notice served under paragraph 8 of Part 1 of Schedule 23ZA;;

(f)after the definition of “local authority” insert—

“main river” has the meaning given in paragraph 2 of Part 1 of Schedule 23ZA;;

(g)after the definition of “non-hazardous waste” insert—

“non-tidal main river” has the meaning given in paragraph 2 of Part 1 of Schedule 23ZA;;

(h)after the definition of “relevant territorial waters” insert—

“remote defence” has the meaning given in paragraph 3 of Part 1 of Schedule 23ZA;;

(i)after the definition of “revocation notice” insert—

“river control works” has the meaning given in paragraph 3 of Part 1 of Schedule 23ZA;;

(j)after the definition of “rule-making authority” insert—

“sea defence” has the meaning given in paragraph 3 of Part 1 of Schedule 23ZA;;

(k)after the definition of “standard facility” insert—

“stand-alone flood risk activity” means a flood risk activity that is not carried on as part of the operation of a regulated facility of another class;

(l)after the definition of “suspension notice” insert—

“tidal main river” has the meaning given in paragraph 2 of Part 1 of Schedule 23ZA;;

(m)after the definition of “waste operation” insert—

“watercourse” has the meaning given in paragraph 2 of Part 1 of Schedule 23ZA;.

Amendment of regulation 5 (interpretation: exempt facilities)E+W

4.  Regulation 5(1) is amended as follows—

(a)in the definition of “exempt facility”—

(i)omit the word “or” immediately preceding paragraph (b);

(ii)at the end, add—

, or

(d)an exempt flood risk activity;

(b)after the definition of “exempt facility” insert—

“exempt flood risk activity” means a flood risk activity that meets the requirements of paragraph 5B of Schedule 2;.

Amendment of regulation 7 (interpretation: operate a regulated facility and operator)E+W

5.  In regulation 7, in paragraph (b) of the definition of “operate a regulated facility”(3), for “or solvent emission activity” substitute “, solvent emission activity or flood risk activity”.

Amendment of regulation 8 (interpretation: regulated facility and class of regulated facility)E+W

6.—(1) In regulation 8(1)(4), at the end of sub-paragraph (i) add—

(j)a flood risk activity.

(2) In regulation 8(2), at the end of sub-paragraph (c) add—

(d)an excluded flood risk activity.

(3) In regulation 8(4)(5), at the end of sub-paragraph (f) add—

(g)a flood risk activity.

Amendment of regulation 9 (interpretation: relevant function)E+W

7.  At the end of regulation 9 add—

(g)exercising the power to serve a flood risk activity emergency works notice, a flood risk activity notice of intent or a flood risk activity remediation notice,

(h)exercising the power to take steps under paragraph 9(1) of Part 1 of Schedule 23ZA.

Substitution of regulation 15E+W

F18.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Amendment of regulation 17 (single site permits etc.)E+W

F19.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Amendment of regulation 18 (consolidation of an environmental permit)E+W

F110.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Amendment of regulation 20 (variation of an environmental permit)E+W

F111.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Amendment of regulation 21 (transfer of an environmental permit)E+W

F112.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Amendment of regulation 24 (notification of surrender of an environmental permit)E+W

F113.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Amendment of regulation 31 (appeals to an appropriate authority)E+W

F114.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Amendment of regulation 35 (specific provisions applying to environmental permits)E+W

F115.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Amendment of regulation 36 (enforcement notices)E+W

F116.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Amendment of regulation 37 (suspension notices)E+W

F117.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Amendment of regulation 38 (offences)E+W

F118.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Amendment of regulation 39 (penalties)E+W

F119.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Amendment of regulation 42 (enforcement by the High Court)E+W

F120.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Insertion of regulation 57AE+W

F121.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Insertion of regulations 66A and 66BE+W

F122.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Amendment of Schedule 2 (exempt facilities: general)E+W

F123.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Amendment of Schedule 3 (exempt facilities: descriptions and conditions)E+W

F124.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Amendment of Schedule 5 (environmental permits)E+W

F125.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Amendment of Schedule 6 (appeals to the appropriate authority)E+W

F126.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Insertion of new Schedule 23ZA (flood risk activities)E+W

F127.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Amendment of Schedule 23A (enforcement undertakings)E+W

F128.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Consequential amendments etc.E+W

29.  Schedule 3 has effect.

RepealsE+W

F130.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Transitional provision: existing consentsE+W

31.—(1) On the coming into force of these Regulations and subject to paragraph (2), an existing consent relating to a flood risk activity (as defined in the principal Regulations)—

(a)becomes an environmental permit under the principal Regulations, and

(b)that permit has effect subject to any conditions that applied to the existing consent immediately before the coming into force of these Regulations.

(2) Where an existing consent relates to an excluded or exempt flood risk activity (as defined in the principal Regulations)—

(a)the existing consent does not become an environmental permit and ceases to have effect;

(b)the conditions in paragraph 5B(b) of Schedule 2 to the principal Regulations as to registration do not apply; and

(c)the duties in respect of an exempt flood risk activity in paragraph 7 of Schedule 2 to the principal Regulations do not apply.

(3) In this regulation, “existing consent” means a consent which—

(a)is issued under section 109 of the 1991 Act or under any byelaw made by the regulator under section 210(1) of, and paragraph 5 of Schedule 25 to, that Act(6); and

(b)is in force immediately before the coming into force of these Regulations.

Transitional provision: applications for consent under the 1991 ActE+W

32.—(1) Where an existing application in respect of a flood risk activity (as defined in the principal Regulations) has not been determined under the 1991 Act before the coming into force of these Regulations and the activity is not an exempt or excluded flood risk activity (as defined in the principal Regulations), the application is taken to have been made under the principal Regulations and paragraphs (2) and (3) apply in respect of the application.

(2) The application is taken to have been made on the date on which the application was made under the 1991 Act.

(3) Anything done under the 1991 Act in relation to the determination of the application before the coming into force of these Regulations is taken to have been done under the principal Regulations.

(4) Where an existing application in respect of a flood risk activity has not been determined under the 1991 Act and the activity is an exempt or excluded flood risk activity (as defined in the principal Regulations), the application is to be disregarded on the coming into force of these Regulations.

(5) For the purposes of this regulation, an “existing application” means an application for consent made before the coming into force of these Regulations under section 109 of the 1991 Act or under any byelaw made by the regulator under section 210(1) of, and paragraph 5 of Schedule 25 to, that Act.

Transitional provision: existing noticesE+W

33.—(1) A notice served under a byelaw before the coming into force of these Regulations is taken to be an enforcement notice under the principal Regulations.

(2) For the purposes of paragraph (1), “byelaw” means a byelaw—

(a)made by the regulator under section 210(1) of and paragraph 5 of Schedule 25 to the 1991 Act; and

(b)under which a consent may be issued to an applicant.

Saving provision: arbitrationE+W

34.  Section 110(4) of the 1991 Act(7) continues to apply in respect of any question referred under that provision to arbitration or to the Secretary of State or the Welsh Ministers(8) before the coming into force of these Regulations.

Rory Stewart

Parliamentary Under Secretary of State

Department for Environment, Food and Rural Affairs

Leslie Griffiths

Minister for Communities and Tackling Poverty

Signed on behalf of Minister for Natural Resources, One of the Welsh Ministers

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Memorandum

Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Impact Assessments

Impact Assessments generally accompany all UK Government interventions of a regulatory nature that affect the private sector, civil society organisations and public services. They apply regardless of whether the regulation originates from a domestic or international source and can accompany primary (Acts etc) and secondary legislation (SIs). An Impact Assessment allows those with an interest in the policy area to understand:

  • Why the government is proposing to intervene;
  • The main options the government is considering, and which one is preferred;
  • How and to what extent new policies may impact on them; and,
  • The estimated costs and benefits of proposed measures.
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources