Financial guarantee
15.—(1) Subject to Parts 2 and 3, every planning permission granted in accordance with regulation 13 is deemed to be subject to the condition that the planning authority, prior to the commencement of any operations involving the accumulation of extractive waste in a waste facility, will be provided with a financial guarantee that is adequate to fulfil the purpose set out in paragraph (2).
(2) The purpose of the financial guarantee will be to ensure that—
(a)all obligations required under the planning permission in respect of the waste facility, including after-closure provisions, will be discharged; and
(b)there will be funds readily available at any given time for the rehabilitation of the land affected by the waste facility, as described in the waste management plan.
(3) The financial guarantee will be calculated to the satisfaction of the planning authority on the basis of—
(a)the likely environmental impact of the waste facility, taking into account in particular the category of the waste facility, the characteristics of the waste and the future use of the rehabilitated land; and
(b)the assumption that independent and suitably qualified third parties will assess and perform any rehabilitation work needed.
(4) The planning authority shall determine the form of the guarantee, and may accept the provision of a guarantee from an industry-sponsored mutual guarantee fund.