Regulation 16 Amendment of regulation 71 (transitional provision: conversion of PPC permits resulting from applications in relation to existing Part A installations and mobile plant)
Regulation 71 (transitional provision: conversion of PPC permits resulting from applications in relation to existing Part A installations and mobile plant) is amended as follows.
For the cross heading “Transitional provision: conversion of PPC permits resulting from applications in relation to existing Part A installations and mobile plant”, substitute—
“Transitional provision: conversion of PPC permits, disposal licences or waste management licences resulting from applications in relation to existing Part A installations and mobile plant”
After paragraph (3), insert—
“(3A)If an application to which this regulation applies relates to the operation of a landfill and the determination date for that application falls within sub-paragraphs (b) or (c) of paragraph 6 of Schedule 3 to the 2000 Regulations and occurs on or after 7th July 2009, paragraph (3B) applies.
(3B)On the determination date the disposal licence or waste management licence which authorised the operation of the landfill immediately before that date is deemed to be an environmental permit granted under regulation 13(1) to the extent that it contains closure and after-care obligations.”.
For paragraph (4), substitute—
“(4)In this regulation—
(a)“existing” and “determination date” have the meanings given at the relevant time by paragraph 6 of Schedule 3 to the 2000 Regulations; and
(b)“closure and after-care obligations” means—
(i)any condition which implements Article 13 of the Landfill Directive, or
(ii)any condition which is otherwise related to closure and after-care of the landfill site or to ensuring it does not cause pollution, and includes any such condition inserted following a variation under regulation 20 after the determination date.”.
After regulation 71, insert—
“Transitional provision: existing mining waste operations
71A.(1)Regulation 12(1) does not apply to an existing mining waste operation involving an existing mining waste facility until the date referred to in paragraph (2).
(2)The date referred to in this paragraph is—
(a)if an application for the grant or variation of an environmental permit is made on or before 1st May 2011—
(i)if the application is granted, the date of the grant,
(ii)if the application is refused, and the applicant appeals against the refusal in accordance with regulation 31(1), the date the appeal is determined or withdrawn,
(iii)if the application is refused, and the applicant is entitled to appeal against the refusal in accordance with regulation 31(1) but does not do so, the day after the last day on which an appeal could have been brought, determined in accordance with paragraph 3(1) of Schedule 6, or
(iv)if the application is for the grant or variation of an environmental permit in relation to a Category A mining waste facility that is an existing mining waste facility and the application is refused pursuant to paragraph 14(2) of Schedule 18B, the date of the refusal;
or
(b)if no such application is made, 1st May 2011.
(3)Where an existing mining waste operation is not covered by paragraph (1), regulation 12(1) does not apply to that operation until the date referred to in paragraph (4).
(4)The date referred to in this paragraph is—
(a)if an application for the grant or variation of an environmental permit is made on or before 30th December 2010—
(i)if the application is granted, the date of the grant,
(ii)if the application is refused, and the applicant appeals against the refusal in accordance with regulation 31(1), the date the appeal is determined or withdrawn, or
(iii)if the application is refused, and the applicant does not appeal against the refusal, the day after the last day on which an appeal could have been brought, determined in accordance with paragraph 3(1) of Schedule 6;
or
(b)if no such application is made, 30th December 2010.
(5)In this regulation, “existing mining waste operation” means a mining waste operation subsisting on 1st May 2008.”.