The Environmental Permitting (England and Wales) (Amendment) Regulations 2023

Statutory Instruments

2023 No. 1156

Environmental Protection, England And Wales

The Environmental Permitting (England and Wales) (Amendment) Regulations 2023

Made

27th October 2023

Coming into force

1st October 2024

The Secretary of State, in relation to England, and the Welsh Ministers, in relation to Wales, make these Regulations in exercise of the powers conferred by section 2(1), (2) and (3) of, and paragraphs 2, 6, 11 and 20(1)(b) of Schedule 1 to, the Pollution Prevention and Control Act 1999 (“the Act”)(1).

The Secretary of State and the Welsh Ministers have, in accordance with section 2(4) of the Act(2), consulted—

(a) the Environment Agency,

(b) the Natural Resources Body for Wales,

(c) such bodies or persons appearing to them to be representative of the interests of local government, industry, agriculture and small businesses as they consider appropriate, and

(d) such other bodies or persons as they consider appropriate.

In accordance with section 2(8) and (9)(d) of the Act, a draft of these Regulations has been approved by a resolution of each House of Parliament and by Senedd Cymru(3).

(1)

1999 c. 24. Functions of the Secretary of State, so far as exercisable in relation to Wales, were transferred to the National Assembly for Wales, except in relation to offshore oil and gas exploration and exploitation, by the National Assembly for Wales (Transfer of Functions) Order 2005 (S.I. 2005/1958), article 3(1). Functions of the National Assembly for Wales were transferred to the Welsh Ministers by paragraph 30 of Schedule 11 to the Government of Wales Act 2006 (c. 32).

(2)

Section 2(4) was amended by S.I. 2013/755 (W. 90).

(3)

The reference in section 2(8) to approval by each House of Parliament has effect in relation to exercise of functions by the Welsh Ministers as if it were a reference to approval by Senedd Cymru by virtue of section 150A(2) of, and paragraph 33 of Schedule 11 to, the Government of Wales Act 2006.