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

Amendment of regulation 37 (suspension notices) E+W

17.  In regulation 37—

(a) in paragraph (2), after “risk of serious pollution” insert “or, in the case of a flood risk activity, a risk specified in paragraph (2A)”;

(b) after paragraph (2) insert—

“(2A) The following are risks specified for the purposes of paragraph (2)—

(a) risk of serious flooding;

(b) risk of serious detrimental impact on drainage;

(c) risk of serious harm to the environment.”;

(c) in paragraph (3A)(1), after “risk of pollution” insert “or, in the case of a flood risk activity, a risk specified in paragraph (3B)”;

(d) after paragraph (3A) insert—

“(3B) The following are risks specified for the purposes of paragraph (3A)—

(a) risk of flooding;

(b) risk of detrimental impact on drainage;

(c) risk of harm to the environment.”.

(1)

Paragraph (3A) was inserted by S.I. 2015/1756.