The Environmental Permitting (England and Wales) Regulations 2016
S.I. 2016/1154 · Made 11 December 2016 · Extends to England and Wales
Environmental Protection, England And Wales
Made 11th December 2016
Coming into force in accordance with regulation 1(1)
C1The Secretary of State and the Welsh Ministers make these Regulations in exercise of the powers conferred by—
(a)
sections 2 and 7(9) of, and Schedule 1 to, the Pollution Prevention and Control Act 1999 (“the 1999 Act”)M1
(b)
sections 61 and 90 of, and Schedule 8 to, the Water Act 2014 (“the 2014 Act”)M2; and
(c)
paragraph 1A of Schedule 2 to the European Communities Act 1972M3
The Secretary of State also makes these Regulations in exercise of the powers conferred by section 62 of the Regulatory Enforcement and Sanctions Act 2008 (“the 2008 Act”)M4.
These Regulations make provision for a purpose mentioned in section 2(2) of the European Communities Act 1972M5 and it appears to the Secretary of State and the Welsh Ministers that it is expedient for the reference to Commission Decision 2000/532/ECM6 mentioned in paragraph 1(1) of Chapter 1 of Part 1 of Schedule 3 to these Regulations to be construed as a reference to that instrument as amended from time to time.
In accordance with section 2(4) of the 1999 Act and section 61(5) of the 2014 Act, the Secretary of State and the Welsh Ministers have consulted—
(a)
the Environment Agency,
(b)
the Natural Resources Body for Wales,
(c)
such bodies or persons appearing to them to be representative of the interests of local government, industry, agriculture and small businesses as they consider appropriate, and
(d)
such other bodies or persons as they consider appropriate.
In accordance with section 61(3) of the 2014 Act, the Secretary of State and the Welsh Ministers have had regard to the desirability of reducing burdens by ensuring that so far as is reasonably practicable any system established by regulations under that section is combined with, or is consistent with, systems for regulating activities or other matters that cause pollution.
C2C3C4In accordance with section 66 of the 2008 Act, the Secretary of State is satisfied that the Environment Agency will act in accordance with the principles referred to in section 5(2) of that Act in exercising the powers in Schedule 26 to these Regulations to impose a civil sanction in relation to an offence.
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 the 1999 Act M7 and sections 62(7) and (8) and 90(3) of the 2014 Act.C5C6
Annotations to the whole text
Marginal citations
- M1
1999 c. 24; section 2 was amended by section 62(13) of the Water Act 2014 (c. 21) and by S.I. 2013/755 (W. 90). Schedule 1 has been amended as follows: paragraphs 3 and 20 were amended by S.I. 2011/1043; paragraph 9A was inserted by, and paragraph 24 amended by, S.I. 2005/925 and paragraph 9A was further amended by S.I. 2012/2788; paragraph 21A was inserted by section 38 of the Waste and Emissions Trading Act 2003 (c. 33), and paragraph 25 was amended by section 105(1) of the Clean Neighbourhoods and Environment Act 2005 (c. 16) and by S.I. 2015/664. Functions of the Secretary of State, so far as exercisable in relation to Wales, were transferred to the National Assembly for Wales, except in relation to offshore oil and gas exploration and exploitation, by virtue of article 3(1) of the National Assembly for Wales (Transfer of Functions) Order 2005 (S.I. 2005/1958). But this was subject to article 3(2), which provided that, so far as any of those functions are exercisable by the Secretary of State in relation to a cross-border body but which, by their nature, are not functions which can be specifically exercised in relation to Wales, such functions are exercisable by the Assembly in relation to that body concurrently with the Secretary of State. Functions of the National Assembly for Wales were transferred to the Welsh Ministers by paragraph 30 of Schedule 11 to the Government of Wales Act 2006 (c. 32).
- M2
2014 c. 21. Section 61(9) contains the definition of “the Minister”.
- M3
1972 c. 68; paragraph 1A of Schedule 2 was inserted by section 28 of the Legislative and Regulatory Reform Act 2006 (c.51) and was amended by Part 1 of the Schedule to the European Union (Amendment) Act 2008 (c.7) and by S.I. 2007/1388.
- M4
- M5
Section 2(2) was amended by section 27(1)(a) of the Legislative and Regulatory Reform Act 2006 and by Part 1 of the Schedule to the European Union (Amendment) Act 2008.
- M6
OJ No L 226, 6.9.2000, p 3, as last amended by Commission Decision 2014/955/EU (OJ No L 370, 30.12.2014, p 44).
- M7
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.
Modifications
- C1
Regulations excluded in part (5.3.2022) by The Norfolk Vanguard Offshore Wind Farm Order 2022 (S.I. 2022/138), arts. 1, 7(3)(a) (with arts. 41, 42, Sch. 16)
- C2
Regulations excluded (1.1.2022) by The Norfolk Boreas Offshore Wind Farm Order 2021 (S.I. 2021/1414), arts. 1, 7(3)(a) (with arts. 41, 42, Sch. 17 para. 66)
- C3
Regulations excluded in part (3.8.2023) by The Hornsea Four Offshore Wind Farm Order 2023 (S.I. 2023/800), arts. 1, 6(1) (with arts. 6(2), 42, 43, Sch. 9 Pt. 1 para. 4, Sch. 9 Pt. 3 para. 6(1), Sch. 9 Pt. 4 para. 20, Sch. 9 Pt. 9 para. 4)
- C4
Regulations excluded in part (9.5.2024) by The Sheringham Shoal and Dudgeon Extensions Offshore Wind Farm Order 2024 (S.I. 2024/564), arts. 1, 6(1) (with arts. 35, 36, Sch. 14)
- C5
Regulations modified (15.4.2025) by The A122 (Lower Thames Crossing) Development Consent Order 2025 (S.I. 2025/462), arts. 1, 68(4) (with arts. 5, 43, 53(7), 54(2), Sch. 14)
- C6
Regulations excluded in part (5.6.2026) by The Dogger Bank South East and West Offshore Wind Farms Order 2026 (S.I. 2026/577), arts. 1, 6(1) (with arts. 40, 41, Sch. 15)
Contents
- Part 1: General
- 1Citation, commencement, extent and application
- 2Interpretation: general
- 3Interpretation: Directives
- 4Exempt facilities and the application of section 33(1)(a) of the 1990 Act
- 5Interpretation: exempt facilities
- 6Interpretation: local authority
- 7Interpretation: operate a regulated facility and operator
- 8Interpretation: regulated facility and class of regulated facility
- 9Interpretation: relevant function
- 10Giving notices, notifications and directions, and the submission of forms
- Part 2: Environmental permits
- Chapter 1: Application to the Crown and requirement for an environmental permit
- 11Application to the Crown
- 12Requirement for an environmental permit
- Chapter 2: Grant of an environmental permit
- 13Grant of an environmental permit
- 14Content and form of an environmental permit
- 15Conditions in relation to certain land
- 16Mobile plant operating on the site of another regulated facility: conflict of permit conditions
- 17Single site permits etc.
- 18Consolidation of an environmental permit
- 19Subsistence of an environmental permit
- Chapter 3: Variation, transfer, revocation and surrender of an environmental permit
- 20Variation of an environmental permit
- 21Transfer of an environmental permit
- 22Revocation of an environmental permit: general
- 23Revocation of an environmental permit: steps to be taken after the revocation takes effect
- 24Notification of the surrender of an environmental permit
- 25Application for the surrender of an environmental permit
- Chapter 4: Standard rules
- 26Preparation and revision of standard rules
- 27Standard rules as conditions of an environmental permit
- 28Notification of revisions of standard rules
- 29Revocation of standard rules
- 30Variation of an environmental permit: revocation of standard rules
- Chapter 5: Appeals in relation to environmental permits
- 31Appeals to an appropriate authority
- Part 3: Discharge of functions in relation to a regulated facility
- 32Discharge of functions
- 33Direction to a regulator: discharge of functions by a different regulator
- 34Review of environmental permits and inspection of regulated facilities
- 35Specific provisions applying to environmental permits
- Part 4: Enforcement and offences
- 36Enforcement notices
- 37Suspension notices
- 38Offences
- 39Penalties and enforcement undertakings
- 40Defences
- 41Offences by bodies corporate
- 42Enforcement by the High Court
- 43Admissibility of evidence
- 44Power of court to order cause of offence to be remedied
- Part 5: Public registers
- 45Interpretation of this Part
- 46Duty of the regulator to maintain a public register
- 47Exclusion from public registers of information affecting national security
- 48Exclusion from public registers of confidential information
- 49Procedure if the regulator considers that information may be confidential
- 50Duty to determine confidentiality
- 51Determination of confidentiality
- 52Procedure following a determination
- 53Appeals in relation to confidentiality
- 54Consequences of an appeal
- 55Reconsideration of confidentiality
- 56Directions of the appropriate authority in relation to confidentiality
- Part 6: Powers and functions of the regulator and the appropriate authority
- 57Power of the regulator to prevent or remedy pollution
- 58Power of the regulator to prevent or remedy effects of flood risk activities
- 59Appropriate agency: notices in relation to emissions to water
- 60Appropriate agency: public participation statement
- 61Power to require the provision of information
- 62Directions to regulators, exemption registration authorities and exemption authorities: general
- 63Reference of applications to an appropriate authority
- 64Directions to the appropriate agency: installations outside the United Kingdom
- 65Guidance to regulators, exemption registration authorities and exemption authorities
- 66Fees and charges in relation to the exercise of regulator's functions by local authorities
- 67Plans relating to emissions
- 68Consultation in relation to works affecting flood and coastal erosion risks
- 69Functions with respect to flood risk activities
- Part 7: Miscellaneous provisions
- Chapter 1: Interpretation
- 70Interpretation of this Part
- Chapter 2: Death of sole operator
- 71Death of sole operator
- Chapter 3: Repeal, revocations, saving and amendments
- 72Repeal
- 73Revocations
- 74Saving
- 75Consequential amendments
- 76Amendment of the Transfrontier Shipment of Waste Regulations 2007
- Chapter 4: Transitional provisions
- 77Transitional provisions: general
- 78Public registers
- 79Site plans not required for existing permits etc.
- Chapter 5: Review
- 80Review: England
- Signature
- Schedule 1: Activities, installations and mobile plant
- Part 1: Interpretation and application: general
- 1Interpretation
- 2Activities falling within more than one Part description
- 3Application of activities falling within Part 2
- 4Application of thresholds for Part A(1) or Part A(2) activities
- 5Operation below thresholds: effect on the installation
- 6Application of Part B activities: releases into the air
- 7References to releases into water
- 8References to certain substances
- Part 2: Activities
- Chapter 1: Energy activities
- Combustion activities
- Paragraph
- Paragraph
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 1Paragraph 1
- 2Paragraph 2
- Gasification, liquefaction and refining activities
- Paragraph
- Paragraph
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 1Paragraph 1
- 2Paragraph 2
- Chapter 2: Production and processing of metals
- Ferrous metals
- Paragraph
- 1Paragraph 1
- Non-ferrous metals
- Paragraph
- 1Paragraph 1
- 1Paragraph 1
- 2Paragraph 2
- Surface treating metals and plastic materials
- Paragraph
- Paragraph
- Paragraph
- Chapter 3: Mineral industries
- Production of cement and lime
- Paragraph
- Paragraph
- Paragraph
- Activities involving asbestos
- Paragraph
- 1Paragraph 1
- Manufacturing glass and glass fibre
- Paragraph
- Paragraph
- Paragraph
- Paragraph
- Production of other mineral fibres
- Paragraph
- Other mineral activities
- Paragraph
- Paragraph
- Paragraph
- 1Paragraph 1
- 2Paragraph 2
- Ceramic production
- Paragraph
- Paragraph
- Paragraph
- Paragraph
- 1Paragraph 1
- Chapter 4: The chemical industry
- Paragraph
- 1Paragraph 1
- Organic chemicals
- Paragraph
- 1Paragraph 1
- Organic chemicals
- Paragraph
- 1Paragraph 1
- Inorganic chemicals
- Paragraph
- Chemical fertiliser production
- Paragraph
- Plant health products and biocides
- Paragraph
- Pharmaceutical production
- Paragraph
- Explosives production
- Paragraph
- Manufacturing activities involving carbon disulphide or ammonia
- Paragraph
- The storage of chemicals in bulk
- Paragraph
- Chapter 5: Waste management
- Incineration and co-incineration of waste
- Paragraph
- Paragraph
- Paragraph
- 1Paragraph 1
- Disposal of waste by landfill
- Paragraph
- Disposal or recovery of hazardous waste
- Paragraph
- Disposal, recovery or a mix of disposal and recovery of non-hazardous waste
- Paragraph
- Paragraph
- 1Paragraph 1
- The production of fuel from waste
- Paragraph
- Temporary or underground storage of hazardous waste
- Paragraph
- Treatment of waste water
- Paragraph
- Chapter 6: Other activities
- Paper, pulp and board manufacturing activities
- Paragraph
- Paragraph
- Carbon activities
- Paragraph
- Tar and bitumen activities
- Paragraph
- Paragraph
- Paragraph
- 1Paragraph 1
- Coating activities, printing and textile treatments
- Paragraph
- Paragraph
- Paragraph
- Paragraph
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- The manufacture of dyestuffs, printing ink and coating materials
- Paragraph
- Paragraph
- 1Paragraph 1
- 2Paragraph 2
- Timber activities
- Paragraph
- Paragraph
- Paragraph
- 1Paragraph 1
- Activities involving rubber
- Paragraph
- Paragraph
- The treatment of animal and vegetable matter and food industries
- Paragraph
- 1Paragraph 1
- Intensive farming
- Paragraph
- Carbon capture and storage
- Paragraph
- Schedule 1A: Modification of the Directives
- 1Modification of the Asbestos Directive
- 2Modification of the Basic Safety Standards Directive
- 3Modification of the Batteries Directive
- 4Modification of the End-of-Life Vehicles Directive
- 5Modification of the Energy Efficiency Directive
- 6Modification of the Industrial Emissions Directive
- 7Modification of the Landfill Directive
- 8Modification of the Medium Combustion Plant Directive
- 9Modification of the Mining Waste Directive
- 10Modification of PVR I
- 11Modification of PVR II
- 12Modification of the Waste Framework Directive
- 13Modification of the Water Framework Directive
- 14Modification of the WEEE Directive
- Schedule 2: Exempt facilities: general
- 1Interpretation: general
- 2Interpretation: exemption registration authority and exemption authority
- 3General condition
- 4Exempt waste operations
- 5Exempt water discharge activities: Wales
- 6Exempt water discharge activities: England
- 7Exempt groundwater activities: Wales
- 8Exempt groundwater activities: England
- 9Exempt flood risk activities
- 10Procedure for registering an exempt facility
- 11Register of exempt facilities
- 12Duty to remove entries from the register
- 13Exclusion from the register of information affecting national security
- 14Restrictions on registering exempt waste operations carried on at the same place
- 15Validity of registration of waste operations
- 16Changes to relevant particulars relating to waste operations
- 17Record keeping for exempt waste operations
- 18Periodic inspections of establishments and undertakings
- Schedule 3: Exempt facilities and waste operations to which section 33(1)(a) of the 1990 Act does not apply: descriptions and conditions
- Part 1: Exempt waste operations: descriptions and conditions
- Chapter 1: Interpretation of Part 1
- 1Interpretation
- Chapter 2: Use of waste
- Introductory
- 1Paragraph 1
- Descriptions and specific conditions
- 1Use of waste in construction (U1)
- 2Use of baled end-of-life tyres in construction (U2)
- 3Use of waste in the construction of entertainment or educational installations etc. (U3)
- 4Burning of waste as a fuel in a small appliance (U4)
- 5Use of waste derived biodiesel as fuel (U5)
- 6Use of sludge for the purposes of re-seeding a waste water treatment plant (U6)
- 7Use of effluent to clean a highway gravel bed (U7)
- 8Use of waste for a specified purpose (U8)
- 9Use of waste to manufacture finished goods (U9)
- 10Spreading waste on agricultural land to confer benefit (U10)
- 11Spreading waste on non-agricultural land to confer benefit (U11)
- 12Use of mulch (U12)
- 13Spreading of plant matter to confer benefit (U13)
- 14Incorporation of ash into soil (U14)
- 15Pig and poultry ash (U15)
- 16Use of depolluted end-of-life vehicles for vehicle parts (U16)
- Chapter 3: Treatment of waste
- Introductory
- 1Paragraph 1
- Descriptions and specific conditions
- 1Cleaning, washing, spraying or coating relevant waste (T1)
- 2Recovery of textiles (T2)
- 3Treatment of waste metals and metal alloys by heating for the purposes of removing grease etc. (T3)
- 4Preparatory treatments (baling, sorting, shredding etc.) (T4)
- 5Screening and blending of waste (T5)
- 6Treatment of waste wood and waste plant matter by chipping, shredding, cutting or pulverising (T6)
- 7Treatment of waste bricks, tiles and concrete by crushing, grinding or reducing in size (T7)
- 8Mechanical treatment of end-of-life tyres (T8)
- 9Recovery of scrap metal (T9)
- 10Sorting mixed waste (T10)
- 11Repair or refurbishment of WEEE (T11)
- 12Manual treatment of waste (T12)
- 13Treatment of waste food (T13)
- 14Crushing and emptying waste vehicle oil filters (T14)
- 15Treatment of waste aerosol cans (T15)
- 16Treatment of waste toner cartridges and waste ink cartridges by sorting, dismantling, cleaning or refilling (T16)
- 17Crushing waste fluorescent tubes (T17)
- 18Dewatering using flocculants (T18)
- 19Physical and chemical treatment of waste edible oil and fat to produce biodiesel (T19)
- 20Treatment of waste at a water treatment works (T20)
- 21Recovery of waste at a waste water treatment works (T21)
- 22Recovery of central heating oil by filtration Repealed
- 23Aerobic composting and associated prior treatment (T23)
- 24Anaerobic digestion at premises used for agriculture and burning of resultant biogas (T24)
- 25Anaerobic digestion at premises not used for agriculture and burning of resultant biogas (T25)
- 26Treatment of kitchen waste in a wormery (T26)
- 27Treatment of sheep dip using organophosphate-degrading enzyme (T27)
- 28Sorting and de-naturing of controlled drugs for disposal (T28)
- 29Treatment of non-hazardous pesticide washings by carbon filtration for disposal (T29)
- 30Recovery of silver (T30)
- 31Recovery of monopropylene glycol from aircraft antifreeze fluids (T31)
- 32Treatment of waste in a biobed or biofilter (T32)
- 33Recovery of central heating oil by filtration (T33)
- Chapter 4: Disposal of waste
- Introductory
- 1Paragraph 1
- Descriptions and specific conditions
- 1Deposit of waste from dredging of inland waters (D1)
- 2Deposit of waste from a railway sanitary convenience (D2)
- 3Deposit of waste from a portable sanitary convenience (D3)
- 4Deposit of agricultural waste consisting of plant tissue under a Plant Health notice (D4)
- 5Depositing samples of waste for the purposes of testing or analysing them (D5)
- 6Disposal by incineration (D6)
- 7Burning waste in the open (D7)
- 8Burning waste at a port under a Plant Health notice (D8)
- Chapter 5: Storage of waste other than at the place of production pending its recovery or re-use
- Introductory
- 1Paragraph 1
- Storage of waste
- 1Storage of waste in secure containers (S1)
- 2Storage of waste in a secure place (S2)
- 3Storage of sludge (S3)
- Part 2: Exempt water discharge activities: descriptions and conditions
- 1Vegetation management activities
- 2Small discharges of sewage effluent: Wales
- 3Small discharges of sewage effluent: England
- Part 3: Exempt groundwater activities: descriptions and conditions
- 1Interpretation of Part 3
- 2Discharge of small quantities of substances for scientific purposes
- 3Small discharges of sewage effluent: Wales
- 4Small discharges of sewage effluent: England
- 5Open-loop ground source heating and cooling systems
- 6Closed-loop ground source heating and cooling systems: England
- 7Low-environmental-risk burials at new cemeteries or new extensions of cemeteries: England
- Part 4: Exempt flood risk activities: descriptions and conditions
- 1General and interpretation
- 2Electrical cable services
- 3Service crossings below the bed of a main river
- 4Service crossings attached to the outside of existing structures over a main river
- 5Footbridges
- 6Temporary scaffolding in England
- 7Temporary dewatering in England
- 8Maintenance of raised river or sea defences
- 9Maintenance of structures within the channel of a main river
- 10Drinking bays
- 11Access platforms
- 12Outfalls
- 13Repair and protection of banks using natural materials
- 14Repair of bank slips and erosion
- 15Channel habitat structures made of natural materials
- 16Rafts for surveys
- 17Gravel-cleaning for fish-spawning beds
- 18Placement of stones or logs in a main river in England for habitat enhancement
- 19Eel pass devices
- 20Notches
- 21Removal of silt, sand and other material in England
- 22Removal of silt and sand adjacent to in-river structures in England
- 23Dredging of man-made ditches, land drains, agricultural drains and previously straightened watercourses in England
- 24Dredging of any main river in England
- 25Excavation of scrapes and shallow wetland features
- 26Raised flood defences in England
- 27Bankside wildlife refuge structures
- 28Improvement works for tracks and paths
- Part 5: Other waste operations to which section 33(1)(a) of the 1990 Act does not apply: descriptions and conditions
- 1General and interpretation
- 2Temporary storage at the place of production
- 3Temporary storage of waste at a place controlled by the producer
- 4Temporary storage at a collection point
- Schedule 4: Application to the Crown
- 1Crown application
- 2Contravention of these Regulations by the Crown
- 3Entry to Crown premises
- 4Service on certain Crown operators
- 5Application of this Schedule to certain radioactive substances activities
- Schedule 5: Environmental permits
- Part 1: Grant, variation, transfer and surrender of environmental permits
- 1Interpretation
- 2Making an application
- 3Withdrawing an application
- 4Further information in respect of a duly-made application
- 5Public participation: scope
- 6Public participation in relation to certain applications
- 7Calculation of the consultation communication period
- 8Public participation in relation to regulator-initiated variations
- 9Consultation: conditions mentioned in regulation 15(1)
- 10Consultation with ... member States
- 11Duty to consider representations
- 12Duty to determine an application
- 13Identity and competence of the operator
- 14Surrender applications
- 15Time limits for determination
- 16Calculation of the relevant period
- 17Notification of a determination or decision
- 18Date of effect of certain determinations and decisions
- 19Form of certain determinations and decisions: consolidation of permits
- 20Incidents and accidents: deemed condition of a permit
- Part 2: Compensation in relation to conditions affecting certain interests in land
- 1Interpretation
- 2Entitlement to compensation
- 3Loss and damage for which compensation is payable
- 4Date when entitlement to compensation arises
- 5Application for compensation
- 6Assessment of the amount to be paid by way of compensation
- 7Payment of compensation
- 8Interest payable on compensation
- Schedule 6: Appeals to the appropriate authority
- 1Interpretation
- 2Making an appeal
- 3Time limit for making an appeal
- 4Notice to affected and interested persons
- 5Hearing before an appointed person
- 6Notice of determination of an appeal
- 7Procedure following the quashing of a determination of an appropriate authority
- Schedule 7: Part A installations: Industrial Emissions Directive
- 1Application
- 2Interpretation Repealed
- 3Exercise of regulator's functions: general
- 4Applications for the grant of an environmental permit
- 5Exercise of relevant functions
- 6Developments in best available techniques
- 7Review of environmental permits
- 8Public participation
- 9Inspections
- Schedule 8: Part B installations and Part B mobile plant etc.
- 1Application
- 2Interpretation
- 3Exercise of regulator's functions: general
- 4Applications for the grant of an environmental permit
- 5Exercise of relevant functions
- 6Change in operation
- 7Review of permits
- 8Developments in best available techniques
- Schedule 9: Waste operations and materials facilities
- Part 1: Waste operations
- 1Application
- 2Interpretation
- 3Exercise of relevant functions
- Part 2: Materials facilities
- Chapter 1: Introductory provisions, conditions and functions
- 1Assessment and notification
- 2Interpretation
- 3Specification of conditions of environmental permits and exercise of relevant functions
- Chapter 2: Measurement and reporting requirements for materials facilities
- 4Input material
- 5Output material
- 6Records
- 7Reports to the regulator
- 8Disclosure of information by the regulator
- Part 3: Waste operations: management and technical competence conditions
- 1Written management system conditions
- 2Technical competence: notification condition
- Part 4: Waste separately collected for preparing for re-use and recycling not to be incinerated
- 1Paragraph 1
- Schedule 10: Landfill
- 1Application
- 2Interpretation: general
- 3Applications for the grant of an environmental permit
- 4Inspection prior to operation
- 5Exercise of relevant functions
- 5AWaste separately collected for preparing for re-use and recycling not to be landfilled
- 6Interpretation of the Landfill Directive for the exercise of relevant functions Repealed
- 7Interpretation of the Decision Annex for the exercise of relevant functions: general
- 8Interpretation of the Decision Annex for the exercise of relevant functions: additional acceptance criteria relating to physical stability and bearing capacity of granular waste
- 9Interpretation of the Decision Annex for the exercise of relevant functions: additional acceptance criteria in relating to monolithic waste
- 10Closure of a landfill
- 11Surrender applications
- Schedule 11: Waste motor vehicles
- 1Application
- 2Interpretation
- 3Exercise of relevant functions
- Schedule 12: Waste electrical and electronic equipment
- 1Application
- 2Interpretation Repealed
- 3Exercise of relevant functions
- Schedule 13: Waste incineration: Industrial Emissions Directive
- 1Application
- 2Interpretation Repealed
- 3Applications for the grant of an environmental permit
- 4Exercise of relevant functions
- Schedule 14: Solvent emission activities
- 1Application
- 2Interpretation Repealed
- 3Exercise of relevant functions
- Schedule 15: Large combustion plants: Industrial Emissions Directive
- 1Application
- 2Interpretation
- 3Exercise of relevant functions
- 4Interruption in supply of fuel
- Schedule 16: Asbestos
- 1Application
- 2Interpretation Repealed
- 3Exercise of relevant functions
- Schedule 17: Titanium dioxide: Industrial Emissions Directive
- 1Application
- 2Interpretation Repealed
- 3Exercise of relevant functions
- Schedule 18: Petrol vapour recovery
- Part 1: PVR I
- 1Application
- 2Exercise of relevant functions
- Part 2: PVR II
- 1Application
- 2Exercise of relevant functions
- Schedule 19: Waste batteries and accumulators
- 1Application
- 2Exercise of relevant functions
- Schedule 20: Mining waste operations
- 1Application
- 2Interpretation
- 3Applications for grant or variation of an environmental permit
- 4Review of environmental permits
- 5Classification of mining waste facilities
- 6Inspections
- 7Exercise of relevant functions
- 8Public participation
- 9Derogation from requirements
- 10Closure of a mining waste facility
- 11Inventory of closed mining waste facilities
- 12Developments in best available techniques
- 13Planning permission conditions
- 14Applications for grant or variation of an environmental permit for a Category A mining waste facility
- Schedule 21: Water discharge activities
- 1Application
- 2Interpretation
- 3Meaning of “water discharge activity”
- 4Highway drains – notice requiring environmental permit
- 5Discharge of trade effluent or sewage effluent into lake or pond – notice requiring environmental permit
- 6Liability resulting from discharge of sewage effluent from public sewer
- Schedule 22: Groundwater activities
- 1Application
- 2Interpretation
- 3Meaning of “groundwater activity”
- 4Meaning of “hazardous substance”
- 5Meaning of “non-hazardous pollutant”
- 6Exercise of relevant functions
- 7Applications for grant of environmental permit
- 8Groundwater activities for which a permit may be granted
- 9Prohibition notice
- 10Notice requiring environmental permit
- 11Notice in relation to a highway drain
- 12Guidance
- 13Liability resulting from discharge of sewage effluent from public sewer
- Schedule 23: Radioactive substances activities
- Part 1: Application
- 1Application
- Part 2: Interpretation
- 1Interpretation
- 2Interpretation: NORM industrial activity
- 3Interpretation: “radioactive material”, “radioactive waste” and “waste”
- 4NORM industrial activities
- 5Processed radionuclides of natural terrestrial or cosmic origin
- 6Radionuclides not of natural terrestrial or cosmic origin
- 6ADilution to reduce concentration of radioactivity
- 7Radionuclides with a short half-life
- 8Radionuclides not of natural terrestrial or cosmic origin in background radioactivity
- 9Contaminated substances or articles
- 9AHistoric radium contamination
- 10Substances or articles after disposal
- 11Interpretation: radioactive substances activity
- 12Discharge of functions: mobile radioactive apparatus
- 13Nuclear sites
- 14Vehicles, vessels and aircraft
- Part 3: Tables of radionuclides and summation rules
- 1Table 1
- 2Table 2
- 3References in Table 1 and Table 2 to + and sec
- 4Table 3
- Part 4: The Basic Safety Standards Directive
- Exposures and doses
- 1Optimisation and dose limits
- 2Specific dose limits and calculation
- Interventions
- 3Radioactive waste: power of the Secretary of State to provide facilities for disposal or accumulation
- 4Radioactive waste: power of disposal by the regulator
- Miscellaneous duties of the regulator
- 5Inspection programmes
- 6Inspection findings
- 7Radioactive waste: requirements to be imposed on permit holders
- 8Dilution of radioactive material and radioactive waste
- 9Monitoring of discharges
- Part 5: The control of high-activity and other sources
- Security of sources
- 1Interpretation
- 2Site security: inspection
- 3Site security: security measures and advice
- Advice and assistance in relation to orphan sources
- 4Advice and assistance in respect of orphan sources
- Exercise of relevant functions and matters in relation to ... sources
- 5General
- 6Records and inspections
- 7Training and information Repealed
- 8Orphan sources
- Part 6: Radioactive substances activity exemptions
- General
- 1Interpretation
- 2Interpretation: NORM
- Exemption for keeping and using radioactive material and accumulating radioactive waste
- 3Exemption for keeping and using radioactive material
- 4Exemption for accumulating radioactive waste
- 5Radioactive substances exempted under paragraphs 3 and 4
- 6Conditions in respect of the total quantity or concentration of radioactive substances on any premises
- 7Exemption for accumulating NORM waste
- Exemption for keeping or using mobile radioactive apparatus
- 8Exemption for keeping or using mobile radioactive apparatus
- Relevant standard conditions
- 9Interpretation of this Section
- 10Relevant standard conditions
- 11General conditions
- 12Loss or theft conditions
- 13Loss or theft conditions: mobile radioactive apparatus
- 14Condition to dispose of accumulated waste
- Exemption for disposing of solid radioactive waste
- 15Exemption for receiving and disposing of solid radioactive waste
- 16Solid radioactive waste
- 17Conditions in respect of solid radioactive waste
- Exemption for disposing of NORM waste
- 18Exemption for receiving and disposing of NORM waste
- 18AExemption for disposing of gaseous NORM waste from oil and gas production
- 19Conditions in respect of NORM waste
- Exemption for disposing of aqueous radioactive waste
- 20Exemption for disposing of aqueous radioactive waste in Table 6
- 21Exemption for disposing of other aqueous radioactive waste
- 22Conditions in respect of aqueous radioactive waste in paragraph 21
- Exemption for disposal of gaseous radioactive waste
- 23Exemption for disposal of gaseous radioactive waste
- 24Conditions in respect of gaseous radioactive waste
- Tables and summation rules in this Part
- 25Table 4
- 25ATable 4A
- 26Table 5
- 27Table 6
- 28Table 7
- 29Interpretation of this Section
- 30Table 8
- Part 7: Radioactivity to be disregarded
- 1Application
- 2Provisions of enactments
- Schedule 24: Efficiency in heating and cooling energy: Energy Efficiency Directive
- 1Interpretation
- 2Electricity generating installations
- 3Installations generating waste heat
- 4Heating and cooling networks
- 5Thresholds
- 6Determination of applications
- 7Aggregation of rated thermal input – existing installations
- 8Existing applications for the grant or variation of an environmental permit
- Schedule 25: Flood risk activities and excluded flood risk activities
- Part 1: Flood risk activities
- 1Application
- 2Interpretation
- 3Meaning of “flood risk activity”
- 4Excluded flood risk activities
- 5Exercise of relevant functions
- 6Conditions for operation and maintenance of structures and works
- 7Emergency works notice
- 8Remediation notice
- 9Regulator's power to take steps to remove and remedy etc.
- 10Protected undertakings, railways and bridges
- Part 2: Excluded flood risk activities
- Introductory
- 1Paragraph 1
- Descriptions and conditions
- 2Emergency activity
- 3A licensable marine activity in England
- 4A licensable marine activity in Wales
- 5Ladders, scaffold towers and other similar apparatus
- 6Service crossings within an existing structure
- 7Flood protection devices attached to buildings
- 8Minor works on or affecting bridges and culverts
- 9Fencing
- 10Fish traps
- 11Notice boards
- 12Purpose-built sediment traps
- 13Site investigation boreholes and trial pits
- Schedule 25A: Medium Combustion Plants: Medium Combustion Plant Directive
- Part 1: General
- 1Application
- 2Interpretation
- 3Applications for the grant of an environmental permit
- 4Exercise of relevant function
- Part 2: Emission Limit Values
- 5Interpretation of this Part
- 6Emission limit values
- 7Limited operating hours – existing medium combustion plants
- 8Limited operating hours - new medium combustion plants
- 9Small and micro isolated systems – existing medium combustion plants
- 10Plant at gas compressor stations – existing medium combustion plants
- 11Temporary derogations – existing and new medium combustion plants
- Schedule 25B: Specified generators
- 1Application
- 2Interpretation – specified generators
- 3Interpretation – relevant dates and permitting dates
- 4Interpretation - general
- 5Environmental permit conditions: general
- 6Exceptions to environmental permit conditions
- Schedule 25C: Decarbonisation Readiness Requirements for Generators in England
- Part 1: Application of Schedule and interpretation
- 1Application of Schedule
- 2Meaning of “in-scope generator”
- 3The decarbonisation readiness report and related assessments
- 4The CCR conditions
- 5The HCR conditions
- 6Interpretation: general
- Part 2: Applications for the grant or variation of an environmental permit
- 7Application of Part 2 of this Schedule
- 8Applications for the grant or variation of an environmental permit
- 9Determination of applications
- Schedule 26: Enforcement undertakings
- 1Enforcement undertakings
- 2Contents of an enforcement undertaking
- 3Acceptance of an enforcement undertaking
- 4General provisions on enforcement undertakings
- 5Discharge of an enforcement undertaking
- 6Inaccurate, incomplete or misleading information
- 7Non-compliance with an enforcement undertaking
- 8Appeals
- 9Guidance as to use of enforcement undertakings
- 10Publication of enforcement undertakings
- Schedule 26A: Variable monetary penalties (England)
- Part 1: Variable monetary penalties: procedure
- 1Power to impose a variable monetary penalty
- 2Notice of intent to impose a variable monetary penalty
- 3Making representations and objections
- 4Offering a third party undertaking
- 5Procedure for imposition of a variable monetary penalty
- 6Final notice
- 7Variable monetary penalties: criminal proceedings and conviction
- 8Variable monetary penalties: enforcement cost recovery notice
- Part 2: Non-compliance penalties and recovery of penalties and costs
- 9Non-compliance penalty
- 10Power to recover a variable monetary penalty or non-compliance penalty
- Part 3: Appeals
- 11Variable monetary penalties: appeals
- 12Non-compliance penalty and enforcement cost recovery notice: appeals
- 13Powers of the First-tier Tribunal on appeal
- Part 4: Guidance
- 14Guidance as to the use of civil sanctions and cost recovery
- Part 5: Publication of reports
- 16Publication of enforcement action
- Schedule 27: Public registers
- 1Matters to be included in a public register
- 2Information no longer relevant for public participation
- 3Formal cautions
- 4Spent convictions of individuals
- Schedule 28Revocations
- Schedule 29: Consequential amendments
- Part 1: Public General Acts
- 1Continental Shelf Act 1964
- 2Nuclear Installations Act 1965
- 3Control of Pollution Act 1974
- 4Salmon and Freshwater Fisheries Act 1975
- 5Highways Act 1980
- 6Environmental Protection Act 1990
- 7Atomic Weapons Establishment Act 1991
- 8Water Industry Act 1991
- 9Water Resources Act 1991
- 10Water Consolidation (Consequential Provisions) Act 1991
- 11Clean Air Act 1993
- 12Goods Vehicles (Licensing of Operators) Act 1995
- 13Environment Act 1995
- 14Petroleum Act 1998
- 15Finance Act 2000
- 16Energy Act 2004
- 17Planning Act 2008
- 18Energy Act 2008
- 19Scrap Metal Dealers Act 2013
- 20Defence Reform Act 2014
- Part 2: Subordinate legislation
- 1Deposits in the Sea (Exemptions) Order 1985
- 2Town and Country Planning (Use Classes) Order 1987
- 3Civil Jurisdiction (Offshore Activities) Order 1987
- 4Urban Waste Water Treatment (England and Wales) Regulations 1994
- 5Landfill Tax Regulations 1996
- 6Water Protection Zone (River Dee Catchment) Designation Order 1999
- 7Ionising Radiations Regulations 1999
- 8Weighing Equipment (Automatic Gravimetric Filling Instruments) Regulations 2000
- 9Non-automatic Weighing Instruments Regulations 2000
- 10Control of Pollution (Oil Storage) (England) Regulations 2001
- 11Weighing Equipment (Automatic Rail-weighbridges) Regulations 2003
- 12End-of-Life Vehicles Regulations 2003
- 13Weighing Equipment (Automatic Catchweighing Instruments) Regulations 2003
- 14Water Environment (Water Framework Directive) (England and Wales) Regulations 2003
- 15Water Environment (Water Framework Directive) (Solway Tweed River Basin District) Regulations 2004
- 16Hazardous Waste (England and Wales) Regulations 2005
- 17Hazardous Waste (Wales) Regulations 2005
- 18Measuring Instruments (Automatic Rail-weighbridges) Regulations 2006
- 19Measuring Instruments (Automatic Catchweighers) Regulations 2006
- 20Measuring Instruments (Automatic Gravimetric Filling Instruments) Regulations 2006
- 21Radioactive Contaminated Land (Modification of Enactments) (England) Regulations 2006
- 22Contaminated Land (England) Regulations 2006
- 23Radioactive Contaminated Land (Modification of Enactments) (Wales) Regulations 2006
- 24Contaminated Land (Wales) Regulations 2006
- 25Producer Responsibility Obligations (Packaging Waste) Regulations 2007
- 26Persistent Organic Pollutants Regulations 2007
- 27Cremation (England and Wales) Regulations 2008
- 28Co-ordination of Regulatory Enforcement (Enforcement Action) Order 2009
- 29Waste Batteries and Accumulators Regulations 2009
- 30Environmental Damage (Prevention and Remediation) (Wales) Regulations 2009
- 31Major Accident Off-Site Emergency Plan (Management of Waste from Extractive Industries) (England and Wales) Regulations 2009
- 32Corporation Tax (Land Remediation Relief) Order 2009
- 33Mercury Export and Data (Enforcement) Regulations 2010
- 34Conservation of Habitats and Species Regulations 2010 Repealed
- 35River Mersey (Mersey Gateway Bridge) Order 2011
- 36Waste (England and Wales) Regulations 2011
- 37Network Rail (Hitchin (Cambridge Junction)) Order 2011
- 38Town and Country Planning (Environmental Impact Assessment) Regulations 2011
- 39Renewable Heat Incentive Scheme Regulations 2011
- 40Volatile Organic Compounds in Paints, Varnishes and Vehicle Refinishing Products Regulations 2012
- 41Ipswich Barrier Order 2012
- 42Network Rail (Ipswich Chord) Order 2012
- 43Network Rail (North Doncaster Chord) Order 2012
- 44Chiltern Railways (Bicester to Oxford Improvements) Order 2012
- 45Climate Change Agreements (Eligible Facilities) Regulations 2012
- 46Greenhouse Gas Emissions Trading Scheme Regulations 2012
- 47Crossrail (Kensal Green) Order 2013
- 48Brechfa Forest West Wind Farm Order 2013
- 49Hinkley Point C (Nuclear Generating Station) Order 2013
- 50Lancashire County Council (Torrisholme to the M6 Link (A683 Completion of Heysham to M6 Link Road)) Order 2013
- 51Leeds Railway Station (Southern Entrance) Order 2013
- 52Croxley Rail Link Order 2013
- 53Scrap Metal Dealers Act 2013 (Prescribed Relevant Offences and Relevant Enforcement Action) Regulations 2013
- 54Transport for Greater Manchester (Light Rapid Transit System) (Second City Crossing) Order 2013
- 55M1 Junction 10a (Grade Separation) Order 2013
- 56Network Rail (Redditch Branch Enhancement) Order 2013
- 57Waste Electrical and Electronic Equipment Regulations 2013
- 58National Grid (King's Lynn B Power Station Connection) Order 2013
- 59Ashton Vale to Temple Meads and Bristol City Centre Rapid Transit Order 2013
- 60Network Rail (Norton Bridge Area Improvements) Order 2014
- 61National Grid (North London Reinforcement Project) Order 2014
- 62East Anglia ONE Offshore Wind Farm Order 2014
- 63Daventry International Rail Freight Interchange Alteration Order 2014
- 64Rampion Offshore Wind Farm Order 2014
- 65Network Rail (Huyton) Order 2014
- 66A556 (Knutsford to Bowdon Improvement) Development Consent Order 2014
- 67Thames Water Utilities Limited (Thames Tideway Tunnel) Order 2014
- 68North Killingholme (Generating Station) Order 2014
- 69Clocaenog Forest Wind Farm Order 2014
- 70Central Bedfordshire Council (Woodside Link Houghton Regis) Development Consent Order 2014
- 71South Hook Combined Heat and Power Plant Order 2014
- 72Able Marine Energy Park Development Consent Order 2014
- 73Walney Extension Offshore Wind Farm Order 2014
- 74London Underground (Northern Line Extension) Order 2014
- 75Common Agricultural Policy (Integrated Administration and Control System and Enforcement and Cross Compliance) (Wales) Regulations 2014
- 76Common Agricultural Policy (Control and Enforcement, Cross-Compliance, Scrutiny of Transactions and Appeals) Regulations 2014 Repealed
- 77Willington C Gas Pipeline Order 2014
- 78Hornsea One Offshore Wind Farm Order 2014
- 79Northumberland County Council (A1 – South East Northumberland Link Road (Morpeth Northern Bypass)) Development Consent Order 2015
- 80A160/A180 (Port of Immingham Improvement) Development Consent Order 2015
- 81Cornwall Council (A30 Temple to Higher Carblake Improvement) Order 2015
- 82Dogger Bank Creyke Beck Offshore Wind Farm Order 2015
- 83Ship Recycling Facilities Regulations 2015
- 84Infrastructure Planning (Interested Parties and Miscellaneous Prescribed Provisions) Regulations 2015
- 85Control of Major Accidents Hazards Regulations 2015
- 86Town and Country Planning (General Permitted Development) (England) Order 2015
- 87Nitrate Pollution Prevention Regulations 2015
- 88Knottingley Power Plant Order 2015
- 89Network Rail (Ordsall Chord) Order 2015
- 90Environmental Damage (Prevention and Remediation) (England) Regulations 2015
- 91White Moss Landfill Order 2015
- 92Norfolk County Council (Norwich Northern Distributor Road (A1067 to A47(T))) Order 2015
- 93Hazardous Waste (Miscellaneous Amendments) Regulations 2015
- 94Swansea Bay Tidal Generating Station Order 2015
- 95Preesall Underground Gas Storage Facility Order 2015
- 96Progress Power (Gas Fired Power Station) Order 2015
- 97Hirwaun Generating Station Order 2015
- 98Dogger Bank Teesside A and B Offshore Wind Farm Order 2015
- 99Ferrybridge Multifuel 2 Power Station Order 2015
- 100Network Rail (Tinsley Chord) Order 2015
- 101Large Combustion Plants (Transitional National Plan) Regulations 2015
- 102Port Talbot Steelworks Generating Station Order 2015
- 103London Underground (Bank Station Capacity Upgrade) Order 2015
- 104East Midlands Gateway Rail Freight Interchange and Highway Order 2016
- 105National Grid (Hinkley Point C Connection Project) Order 2016
- 106Town and Country Planning (Environmental Impact Assessment) (Wales) Regulations 2016
- 107A19/A1058 Coast Road (Junction Improvement) Development Consent Order 2016
- 108Palm Paper Mill Generating Station Order 2016
- 109Thorpe Marsh Gas Pipeline Order 2016
- 110Water Resources (Control of Pollution) (Oil Storage) (Wales) Regulations 2016
- 111Onshore Hydraulic Fracturing (Protected Areas) Regulations 2016
- 112The Midland Metro (Birmingham City Centre Extension, etc.) (Land Acquisition and Variation) Order 2016
- 113The A14 Cambridge to Huntingdon Improvement Scheme Development Consent Order 2016
- 114The Midland Metro (Wolverhampton City Centre Extension) Order 2016
- 115The York Potash Harbour Facilities Order 2016
- 116The Meaford Gas Fired Generating Station Order 2016
- 117The North Wales Wind Farms Connection Order 2016
- 118The Hornsea Two Offshore Wind Farm Order 2016
- 119The River Humber Gas Pipeline Replacement Order 2016
- 120The M4 Motorway (Junctions 3 to 12) (Smart Motorway) Development Consent Order 2016
- 121The Triton Knoll Electrical System Order 2016
- Explanatory note