Regulation 15 Additional matters to which the CJC must have regard

(1)

The following matters are prescribed for the purposes of section 60M(6)(f) of the 2004 Act—

(a)

any policies developed under subsection (1) or (2A) of section 108 of the Transport Act 2000^f1 (whether under those subsections as modified by regulations made under Part 5 the 2021 Act or otherwise) which affect any part of the CJC’s area;

(b)

the objectives of preventing major accidents and limiting the consequences of such accidents for human health and the environment;

(c)

the need, in the long term—

(i)

to maintain appropriate safety distances between establishments and residential areas, buildings and areas of public use, recreational areas, and, as far as possible, major transport routes;

(ii)

to protect areas of particular natural sensitivity or interest in the vicinity of establishments, where appropriate, through appropriate safety distances or other relevant measures;

(iii)

in the case of existing establishments, to facilitate and encourage operators to take all necessary measures to prevent major accidents and to limit their consequences for human health and the environment;

(d)

the national waste management plan within the meaning of regulation 3(1) of the Waste (England and Wales) Regulations 2011^f2 and prepared by the Welsh Ministers;

(e)

any marine plan adopted and published by the Welsh Ministers for the purposes of section 51(1) of the Marine and Coastal Access Act 2009^f3 which affects any part of the CJC’s area.

(2)

Expressions which are both in paragraph (1) and in Directive 2012/18/EU^f4 have the same meaning as in that Directive.

Annotations

Footnotes

f1: 2000 c. 38. Section 108(1) was amended by section 8(1) and (2) of the Local Transport Act 2008 (c. 26). Section 108(2A) was inserted by section 3 of, and paragraph 2 of the Schedule to, the Transport (Wales) Act 2006 (c. 5).
f2: S.I. 2011/988. There are amendments to regulation 3(1) not relevant to this instrument.
f3: 2009 c. 23.
f4: Directive 2012/18/EU of the European Parliament and of the Council of 4 July 2012 on the control of major-accident hazards involving dangerous substances (OJ No L 197, 24.7.2012, p. 1).