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The Environmental Permitting (England and Wales) (Amendment) Regulations 2011

Draft. This instrument was laid in draft and may differ from the one made. Look for the made version under its title.

Draft 2011, ISBN 9780111512319

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Draft Regulations laid before Parliament and the National Assembly for Wales under section 2(8) and (9)(d) and (e) of the Pollution Prevention and Control Act 1999 for approval by resolution of each House of Parliament and of the Assembly.

Environmental Protection, England And Wales

Made ***

Coming into force in accordance with regulation 1(b)

These Regulations are made in exercise of the powers conferred by sections 2 and 7(9) of, and Schedule 1 to, the Pollution Prevention and Control Act 1999f1.

The Secretary of State, in relation to England, and the Welsh Ministers, in relation to Wales, have in accordance with section 2(4) of that Act consultedf2—

(a)

the Environment Agency;

(b)

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

(c)

such other bodies or persons as they consider appropriate.

A draft of this instrument has been approved by a resolution of each House of Parliament and by the National Assembly for Wales pursuant to section 2(8) and (9)(d) and (e) of that Actf3.

Accordingly, the Secretary of State in relation to England, and the Welsh Ministers in relation to Wales, make the following Regulations.

Annotations to the whole text

Footnotes

f1

1999 c. 24. Paragraph 9A was inserted by S.I. 2005/925, Schedule 6, paragraph 2(2)(a). Paragraph 21A was inserted by section 38 of the Waste and Emissions Trading Act 2003 (c. 33). Paragraph 24 was amended by S.I. 2005/925, Schedule 6, paragraph 2(2)(b). Paragraph 25 was amended by section 105(1)(a) and (b) of the Clean Neighbourhoods and Environment Act 2005 (c. 16). Functions of the Secretary of State under section 2 (except in relation to offshore oil and gas exploration and exploitation), so far as exercisable in relation to Wales, were transferred to the National Assembly for Wales by article 3 of the National Assembly for Wales (Transfer of Functions) Order 2005 (S.I. 2005/1958). Those functions were then transferred to the Welsh Ministers by section 162 of, and paragraph 30 of Schedule 11 to, the Government of Wales Act 2006 (c. 32).

f2

The requirement in that section to consult the bodies and persons mentioned was transferred from the National Assembly for Wales to the Welsh Ministers by paragraph 30 of Schedule 11 to the Government of Wales Act 2006 (c. 32). The consultation carried out by the National Assembly for Wales has effect as if it were carried out by the Welsh Ministers by virtue of paragraph 39(3) of that Schedule to that Act.

f3

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 the National Assembly for Wales by virtue of paragraph 33 of Schedule 11 to the Government of Wales Act 2006 (c. 32).

Contents

  1. Part 1: General
  2. 1Citation and commencement
  3. 2Interpretation
  4. Part 2: Amendments to the 2010 Regulations
  5. 3Amendment of the Environmental Permitting (England and Wales) Regulations 2010
  6. 4Amendment of regulation 2 (interpretation: general)
  7. 5Amendment of regulation 5 (interpretation: exempt facilities)
  8. 6Amendment of regulation 12 (requirement for an environmental permit)
  9. 7Amendment of regulation 14 (content and form of an environmental permit)
  10. 8Amendment of regulation 17 (Single site permits etc.)
  11. 9Amendment of regulation 67 (Interpretation of Part 7)
  12. 10Revocation of regulation 72 (Radioactive substances exemption orders)
  13. 11Insertion of regulations 72A, 72B, 72C and 72D
  14. 12Amendment to Schedule 1 (activities, installations and mobile plant)
  15. 13Amendment to Schedule 5 (environmental permits)
  16. 14Amendment to Schedule 22 (groundwater activities)
  17. 15Substitution of Schedule 23 (radioactive substances activities)
  18. Part 3: Consequential amendments, repeals, savings and revocation
  19. 16Consequential amendments
  20. 17Repeals
  21. 18Savings
  22. 19Revocation
  23. Signature
  24. Schedule 1New Schedule 23 to the 2010 Regulations
  25. Schedule 2: Consequential amendments
  26. Part 1: Public General Acts
  27. 1Continental Shelf Act 1964
  28. 2Control of Pollution Act 1974
  29. Part 2: Subordinate legislation
  30. 1The Civil Jurisdiction (Offshore Activities) Order 1987
  31. 2The Town and Country Planning (Environmental Impact Assessment) (England and Wales) Regulations 1999
  32. 3The Hazardous Waste (England and Wales) Regulations 2005
  33. 4The Hazardous Waste (Wales) Regulations 2005
  34. 5The Offshore Marine Conservation (Natural Habitats, &c) Regulations 2007
  35. 6The Waste (England and Wales) Regulations 2011
  36. Schedule 3Exemption orders
  37. Explanatory note