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The Environmental Permitting (England and Wales) (Amendment) Regulations 2009

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This is the original version (as it was originally made).

Amendment of Schedule 20 (further provision relating to waste)

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27.—(1) Schedule 20 (further provision relating to waste) is amended as follows.

(2) In paragraph 1(a), after the definition of “local planning authority”, insert—

“mineral planning authority” has the same meaning as in section 1 of the Town and Country Planning Act 1990(1);”.

(3) At the end of paragraph 6, insert—

“(3) A mineral planning authority must not grant planning permission for a mining waste facility to which Article 7 of the Mining Waste Directive applies unless it is satisfied that—

(a)the operator of that facility will meet the requirements of Article 11(2)(a) of that Directive; and

(b)the management of waste at that facility will not conflict directly or otherwise interfere with the implementation of the plan or plans referred to in Article 7(3)(b) of that Directive.”.

(1)

1990 c. 8. Section 1 was amended by the Local Government (Wales) Act 1994, section 18(3) and (4), c.19.

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