Explanatory note

These Regulations make amendments to the Environmental Permitting (England and Wales) Regulations 2016 (S.I. 2016/1154) (“the EPR 2016”) in relation to waste controlling activity, waste controlling-transporting activity and waste transporting activity (together “waste controlling or transporting activity”).

Regulations 4 to 7 insert new definitions into to the EPR 2016 in relation to waste controlling or transporting activity. In particular, regulation 7 amends regulation 8 of the EPR 2016, so that waste controlling or transporting activity is a regulated facility, requiring an environmental permit under regulation 12 of the EPR 2016.

Regulations 8 to 18 amend various provisions in the EPR 2016 to ensure that they apply to waste controlling or transporting activity.

Regulation 19 amends Schedule 2 to the EPR 2016, which sets out procedures for exempt facilities, so that those procedures apply to exempt waste controlling or transporting activity. These amendments include a new paragraph 4A defining exempt waste controlling or transporting activity.

Regulation 20 inserts a new Part 6 into Schedule 3 to the EPR 2016 setting out the conditions that must be met by an exempt waste controlling or transporting activity.

Regulation 21 amends Schedule 5 of the EPR 2016 so that public participation is not required in relation to the grant or variation of a permit for waste controlling or transporting activity.

Regulation 22 inserts a new Schedule 25D into the EPR 2016, defining and making provision for waste controlling or transporting activity.

Regulation 23 amends the Control of Pollution (Amendment) Act 1989 (c. 14) (“the CP(A)A 1989”) so as to disapply it in relation to England.

Regulation 24 amends the Environmental Protection Act 1990 (c. 43) so that the duty of care as respects waste (section 34 of that Act) and the powers to search and seize vehicles under section 34B apply to waste controlling or transporting activity.

Regulation 25 amends section 41 of the Environment Act 1995 (c. 25) to enable costs to be recovered in relation to environmental permits for waste controlling or transporting activity and amends the definition of environmental licence in section 51 to include environmental permits for waste controlling or transporting activity.

Regulation 26 revokes the registration requirements in Part 8 of the Waste (England and Wales) Regulations 2011 as they apply in England.

Regulation 27 makes it clear that the transitional and savings provisions in Part 4 apply to carriers of, and brokers and dealers in, controlled waste registered under the CP(A)A 1989 carrying out an activity that will be subject to the EPR 2016 when these Regulations come into force.

Regulation 28 specifies when existing carriers, brokers and dealers must comply with the new regime under the EPR 2016.

Regulation 29 prohibits existing carriers, brokers and dealers that will be subject to the EPR 2016 having more than one registration as a carrier, broker or dealer under the CP(A)A 1989.

Regulation 30 specifies how long a registration under the CP(A)A 1989 will last, which depends on when the carrier, broker or dealer makes an application under the EPR 2016.

Regulation 31 amends Schedule 3 to the Regulatory Enforcement and Sanctions Act 2008 (c. 13, “the 2008 Act”) to add specified provisions of the Environment Act 2021 (c. 30) to the list of enactments specified for the purposes of Part 1 of the 2008 Act as a relevant function (see also section 4 of the 2008 Act).

A full impact assessment of the effect that this instrument will have on the costs of business, the voluntary sector and the public sector is available from the Department for Environment, Food and Rural Affairs, Seacole Building, 2 Marsham Street, London, SW1P 4DF, and is published with an Explanatory Memorandum alongside the instrument on www.legislation.gov.uk.