Regulation 3 Amendment of regulation 2 (interpretation: general)

Paragraph (1) of regulation 2 (interpretation: general) is amended as follows.

After the definition of “appropriate authority”, insert—

• ““Category A mining waste facility” means a mining waste facility that is classified as Category A under Article 9 of the Mining Waste Directive;”.

For paragraph (e) of the definition of “emission”, substitute—

“(e)

in relation to—

(i)

a waste operation not falling within paragraph (a) to (d), or

(ii)

a mining waste operation,

• the direct or indirect release of substances, vibrations, heat or noise from individual or diffuse sources related to the operation into the air, water or land;”.

After the definition “exemption registration authority”, insert—

• ““existing mining waste facility” means a mining waste facility in operation on 1st May 2008;

• “extractive waste” means waste within the meaning of Article 2(1) of the Mining Waste Directive, except where it is excluded from the scope of that Directive by Article 2(2)(a) and (b);”.

For the definition of “the IPPC Directive”, substitute—

• ““the IPPC Directive” means Directive 2008/1/EC of the European Parliament and of the Council concerning integrated pollution prevention and control^f1;”.

At the end of the definition of “landfill”, insert—

• “, but does not include any operation excluded from the scope of that Directive by Article 3(2)”.

After the definition of “local authority”, insert—

• ““the Mining Waste Directive” means Directive 2006/21/EC^f2 of the European Parliament and of the Council on the management of waste from extractive industries and amending Directive 2004/35/EC;

• “mining waste facility” means a “waste facility” as defined in Article 3(15) of the Mining Waste Directive but excludes those facilities mentioned in Article 24(2) or in the first paragraph of Article 24(4) of that Directive;

• “mining waste facility closure notice” means a closure notice served under paragraph 10 of Schedule 18B to these Regulations;

• “mining waste operation” means the management of extractive waste, whether or not involving a mining waste facility, but does not include the activities in Article 2(2)(c) of the Mining Waste Directive;”.

After the definition of “regulator”, insert—

• ““regulator initiated variation” means the variation of an environmental permit on the initiative of the regulator under regulation 20(1);”.