Search Legislation

The Landfill (England and Wales) Regulations 2002

What Version

 Help about what version
  • Latest available (Revised)
  • Original (As made)

Status:

This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

Existing landfills : transitional provisions

1.  (1)  Subject to paragraph 2(1), this paragraph shall apply to a landfill if—

(a)it is already in operation on 15th June 2002; or

(b)it has not been brought into operation by that date but the relevant authorisation for its operation was granted before that date.

(2) A landfill to which this paragraph applies which falls within paragraph (b) of Part A(1) of Section 5.2 in Part 1 of Schedule 1 to the 2000 Regulations shall be treated as an existing installation for the purposes of Part 1 of Schedule 3 to those Regulations.

(3) If the operator proposes to continue to accept waste after 16th July 2002, the operator shall prepare a conditioning plan for the landfill site and submit it to the Environment Agency by that date.

(4) The conditioning plan required by sub-paragraph (3) must—

(a)be prepared on a form provided for that purpose by the Environment Agency; and

(b)contain details of any corrective measures which the operator considers will be needed in order to comply with the relevant requirements of these Regulations.

(5) If the operator does not propose to continue to accept waste after 16th July 2002, the operator shall notify the Environment Agency in writing by that date.

(6) Subject to sub-paragraph (7), where—

(a)the operator notifies the Environment Agency that he does not propose to accept waste for disposal after 16th July 2002;

(b)the Environment Agency decides, following the submission by the operator of a conditioning plan, that there is no reasonable prospect of the landfill or part of it meeting the relevant requirements of these Regulations (such decision, and the reasons for it, to be set out in a notice served on the operator); or

(c)the operator fails to submit a conditioning plan as required by sub-paragraphs (3) and (4) or to notify the Agency as required by sub-paragraph (5),

the Environment Agency shall ensure that closure of the landfill site (in whole or in part) takes place as soon as possible in accordance with regulation 15.

(7) Where the operator proposes to continue to accept waste but fails to submit a conditioning plan in accordance with sub-paragraphs (3) and (4), the relevant authorisation shall cease to have effect so as to authorise the disposal of waste at the landfill, and the Environment Agency shall proceed with the closure of the site under sub-paragraph (6), unless and until a conditioning plan which complies with sub-paragraph (4) is submitted and the Agency has agreed to consider it.

(8) In any case falling within sub-paragraph (6)—

(a)regulation 15 shall apply as if—

(i)references to a landfill permit were references to a relevant authorisation;

(ii)where the relevant authorisation is a waste management licence, references to the operator were references to the licence holder; and

(iii)in paragraph (6) after “revocation of permits)” there were inserted “and sections 38, 39 and 42 of the Environmental Protection Act 1990 (revocation, suspension and surrender of waste management licences)”; and

(b)the Environment Agency shall, if necessary, by notice in writing served on the operator or, in the case of a waste management licence, the licence holder, vary the conditions of the relevant authorisation so that—

(i)waste is no longer accepted for disposal on the whole or the relevant part of the landfill site from such date as is specified in the notice; and

(ii)the closure and after-care procedures will operate in accordance with regulation 15.

(9) In any case where the whole of a landfill site is not subject to closure under sub-paragraph (6), the Environment Agency shall by notice served on the operator specify the period (which shall not be less than six months) within which an application must be made (accompanied by a copy of the conditioning plan)—

(a)where no landfill permit is in force, for a landfill permit under regulation 10 of the 2000 Regulations; or

(b)where a landfill permit is in force, for a variation of the permit under regulation 17(2) of the 2000 Regulations,

so that waste may continue to be accepted for disposal at the landfill.

(10) In any case falling within sub-paragraph (9)(b), if an application is not duly made within the period specified in the notice served on the operator under that provision, the landfill permit shall cease to authorise the disposal of waste at the landfill until the application is duly made.

(11) Where the Environment Agency decides to grant or vary a landfill permit pursuant to an application made in accordance with sub-paragraph (9), the Agency shall specify the date or dates on which the permit conditions authorised or required by these Regulations shall take effect.

(12) The Environment Agency shall exercise its powers under sub-paragraphs (9) and (11)—

(a)on the basis of an assessment of environmental risks; and

(b)with a view to achieving full compliance with the relevant requirements of these Regulations—

(i)as soon as possible; and

(ii)by 31st March 2007 at the latest.

(13) In this Schedule “the relevant requirements of these Regulations” do not include the requirements of paragraph 1 of Schedule 2.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enactedversion that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources