The Environmental Permitting (England and Wales) (Amendment) (No. 2) Regulations 2009

Statutory Instruments

2009 No. 3381

Environmental Protection, England And Wales

F1 The Environmental Permitting (England and Wales) (Amendment) (No. 2) Regulations 2009

Made

20th December 2009

Coming into force

6th April 2010

These Regulations are made in exercise of the powers conferred by section 2 of, and Schedule 1 to, the Pollution Prevention and Control Act 1999 .

The Secretary of State, in relation to England, and the Welsh Ministers, in relation to Wales, have in accordance with section 2(4) of that Act consulted—

(a)

the Environment Agency;

(b)

such bodies or persons appearing to them to be representative of the interests of local government, industry, agriculture and small businesses respectively as they consider appropriate; and

(c)

such other bodies or persons as they consider appropriate.

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 that Act.

Accordingly, the Secretary of State, in relation to England, and the Welsh Ministers, in relation to Wales, make the following Regulations.

Textual Amendments

F1 Regulations revoked (except regs. 1, 13(1)(3)) (1.1.2017) by The Environmental Permitting (England and Wales) Regulations 2016 (S.I. 2016/1154), reg. 1(1), Sch. 28 (with regs. 1(3), 77-79, Sch. 4)

Citation, commencement and extent E+W

1.—(1) These Regulations—

(a) may be cited as the Environmental Permitting (England and Wales) (Amendment) (No. 2) Regulations 2009;

(b) come into force on 6th April 2010; and

(c) extend to England and Wales only.

(2) For the purposes of this regulation—

(a) England and Wales includes the sea adjacent to England and Wales out as far as the seaward boundary of the territorial sea; and

(b) the sea adjacent to Wales has the same meaning as in section 158 of the Government of Wales Act 2006 M1 .

Marginal Citations

M1 2006 c.32. The boundary between the sea adjacent to Wales and that adjacent to England is described by article 6 and Schedule 3 of the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672). By virtue of section 162 of and paragraph 26 of Schedule 11 to the 2006 Act, S.I. 1999/672 continues to have effect.

Amendment of the Environmental Permitting (England and Wales) Regulations 2007 E+W

F1 2.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Regulations revoked (except regs. 1, 13(1)(3)) (1.1.2017) by The Environmental Permitting (England and Wales) Regulations 2016 (S.I. 2016/1154), reg. 1(1), Sch. 28 (with regs. 1(3), 77-79, Sch. 4)

Amendment of regulation 2 (interpretation: general) E+W

F1 3.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Regulations revoked (except regs. 1, 13(1)(3)) (1.1.2017) by The Environmental Permitting (England and Wales) Regulations 2016 (S.I. 2016/1154), reg. 1(1), Sch. 28 (with regs. 1(3), 77-79, Sch. 4)

Substitution of regulation 5 (interpretation: exempt waste operation) E+W

F1 4.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Regulations revoked (except regs. 1, 13(1)(3)) (1.1.2017) by The Environmental Permitting (England and Wales) Regulations 2016 (S.I. 2016/1154), reg. 1(1), Sch. 28 (with regs. 1(3), 77-79, Sch. 4)

Amendment of regulation 22 (revocation of an environmental permit: general) E+W

F1 5.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Regulations revoked (except regs. 1, 13(1)(3)) (1.1.2017) by The Environmental Permitting (England and Wales) Regulations 2016 (S.I. 2016/1154), reg. 1(1), Sch. 28 (with regs. 1(3), 77-79, Sch. 4)

Amendment of regulation 38 (offences) E+W

F1 6.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Regulations revoked (except regs. 1, 13(1)(3)) (1.1.2017) by The Environmental Permitting (England and Wales) Regulations 2016 (S.I. 2016/1154), reg. 1(1), Sch. 28 (with regs. 1(3), 77-79, Sch. 4)

Substitution of regulation 68 (further provision in relation to waste) E+W

F1 7.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Regulations revoked (except regs. 1, 13(1)(3)) (1.1.2017) by The Environmental Permitting (England and Wales) Regulations 2016 (S.I. 2016/1154), reg. 1(1), Sch. 28 (with regs. 1(3), 77-79, Sch. 4)

Insertion of regulation 71B (transitional provision: exempt waste operations) E+W

F1 8.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Regulations revoked (except regs. 1, 13(1)(3)) (1.1.2017) by The Environmental Permitting (England and Wales) Regulations 2016 (S.I. 2016/1154), reg. 1(1), Sch. 28 (with regs. 1(3), 77-79, Sch. 4)

Amendment of Schedule 1 (activities) E+W

F1 9.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Regulations revoked (except regs. 1, 13(1)(3)) (1.1.2017) by The Environmental Permitting (England and Wales) Regulations 2016 (S.I. 2016/1154), reg. 1(1), Sch. 28 (with regs. 1(3), 77-79, Sch. 4)

Substitution of Schedule 2 (exempt waste operations: general) E+W

F1 10.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Regulations revoked (except regs. 1, 13(1)(3)) (1.1.2017) by The Environmental Permitting (England and Wales) Regulations 2016 (S.I. 2016/1154), reg. 1(1), Sch. 28 (with regs. 1(3), 77-79, Sch. 4)

Substitution of Schedule 3 (descriptions: exempt waste operations and other operations to which section 33(1)(a) of the 1990 Act does not apply) E+W

F1 11.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Regulations revoked (except regs. 1, 13(1)(3)) (1.1.2017) by The Environmental Permitting (England and Wales) Regulations 2016 (S.I. 2016/1154), reg. 1(1), Sch. 28 (with regs. 1(3), 77-79, Sch. 4)

Amendment of Schedule 19 (public registers) E+W

F1 12.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Regulations revoked (except regs. 1, 13(1)(3)) (1.1.2017) by The Environmental Permitting (England and Wales) Regulations 2016 (S.I. 2016/1154), reg. 1(1), Sch. 28 (with regs. 1(3), 77-79, Sch. 4)

Amendments to the Environment Act 1995 E+W

13.—(1) The Environment Act 1995 M2 is amended as follows.

F1 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) In section 56(1) (interpretation) M3 , in the definition of “environmental licence”, for paragraph (j) substitute—

“(j) registration under Schedule 2 to the Environmental Permitting (England and Wales) Regulations 2007 of an establishment or undertaking in relation to a WEEE operation (as defined by paragraph 1 of Schedule 2 to those Regulations),”.

Textual Amendments

F1 Regulations revoked (except regs. 1, 13(1)(3)) (1.1.2017) by The Environmental Permitting (England and Wales) Regulations 2016 (S.I. 2016/1154), reg. 1(1), Sch. 28 (with regs. 1(3), 77-79, Sch. 4)

Marginal Citations

M2 1995 c. 25.

M3 The definition of “environmental licence” in sub-paragraph (j) of section 56(1) in relation to the Environment Agency was substituted in relation to England and Wales by paragraph 23(2)(c) in Part 1 of Schedule 21 to S.I. 2007/3538.

Consequential amendment to the Waste Management (England and Wales) Regulations 2006 E+W

F1 14.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Regulations revoked (except regs. 1, 13(1)(3)) (1.1.2017) by The Environmental Permitting (England and Wales) Regulations 2016 (S.I. 2016/1154), reg. 1(1), Sch. 28 (with regs. 1(3), 77-79, Sch. 4)

Consequential amendment to the Waste Batteries and Accumulators Regulations 2009 E+W

F1 15.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Regulations revoked (except regs. 1, 13(1)(3)) (1.1.2017) by The Environmental Permitting (England and Wales) Regulations 2016 (S.I. 2016/1154), reg. 1(1), Sch. 28 (with regs. 1(3), 77-79, Sch. 4)

Savings E+W

F1 16.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Regulations revoked (except regs. 1, 13(1)(3)) (1.1.2017) by The Environmental Permitting (England and Wales) Regulations 2016 (S.I. 2016/1154), reg. 1(1), Sch. 28 (with regs. 1(3), 77-79, Sch. 4)

Jane Davidson

Minister for Environment, Sustainability and Housing

one of the Welsh Ministers

Dan Norris

Parliamentary Under Secretary

Department for Environment, Food and Rural Affairs

Regulation 10

F1 SCHEDULE 1 E+W SCHEDULE 2 TO THE ENVIRONMENTAL PERMITTING (ENGLAND AND WALES) REGULATIONS 2007

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Regulation 11

F1 SCHEDULE 2 E+W SCHEDULES 3 AND 3A TO THE ENVIRONMENTAL PERMITTING (ENGLAND AND WALES) REGULATIONS 2007

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the provisions in the Environmental Permitting (England and Wales) Regulations 2007 (S.I. 2007/3538 as amended by section 88(2) of the Climate Change Act 2008 (c. 28), S.I. 2009/890 and 2009/1799) (“the 2007 Regulations”) relating to exempt waste operations. They revoke and re-implement provisions in the 2007 Regulations partially giving effect to the Waste Framework Directive 2006/12/EC of the European Parliament and of the Council (OJ No L 114, 27.4.2006, p9) (“the Directive”).

An exempt waste operation is a waste disposal or recovery operation that does not require an environmental permit under regulation 12 of the 2007 Regulations as provided for in Article 11 of the Directive. Regulation 5 of the 2007 Regulations defines an exempt waste operation.

These Regulations revise the definition of an exempt waste operation (regulation 4). They also insert a new definition into regulation 2 of the 2007 Regulations (regulation 3).

They provide for the revocation of an existing environmental permit (in whole or in part) where, as result of the amendments made by these Regulations, the permit covers an exempt waste operation (regulation 5).

Regulation 38 (offences) of the 2007 Regulations is amended to reflect the amendments made to the record-keeping requirements set out in Schedule 2, as inserted by Schedule 1 to these Regulations (regulation 6).

The Regulations also amend the provisions in the 2007 Regulations relating to waste operations that are not covered by the Waste Framework Directive but which may still require an environmental permit under 33(1)(a) of the Environmental Protection Act 1990 to the extent that they involve the deposit of waste. The 2007 Regulations provide that certain of these operations do not require an environmental permit provided that certain conditions are met. These Regulations continue to provide for this but in a revised form with the revisions set out in Schedule 3A, inserted by Schedule 2 to these Regulations (regulation 7).

Transitional provisions are provided for establishments and undertakings that were registered in relation to exempt waste operations under the 2007 Regulations immediately before these Regulations came into force (regulation 8). The savings provisions in regulation 16 of these Regulations are also relevant for the purposes of these transitional provisions.

The definition of “excluded activity” in paragraph 1 of Section 6.8 of Part 2 of Schedule 1 is amended so that the production of compost for growing mushrooms is an excluded activity for the purpose of that paragraph meaning that this becomes a Part B activity (as defined in regulation 3(1) of the 2007 Regulations) requiring an environmental permit (regulation 9).

The Regulations substitute Schedule 2 (exempt waste operations: general) of the 2007 Regulations with a new Schedule setting out the specific procedural requirements relating to the registration of exempt waste operations (regulation 10). They also substitute Schedule 3 (descriptions: exempt waste operations and other operations to which section 33(1)(a) of the 1990 Act does not apply) of the 2007 Regulations with a new Schedule 3 (regulation 11). However, the substitutions do not apply for the purposes of the transitional provisions inserted by regulation 8. Therefore, Schedule 2 and 3 to the 2007 Regulations continue to apply for the purposes of the transitional provisions.

The Regulations make a consequential amendment to the public register provisions in paragraph 1(1)(k) of Schedule 19 to the 2007 Regulations necessitated by the provisions in paragraph 11 of substituted Schedule 2 (which provides for directions that certain information must be excluded from the register) (regulation 12).

The Regulations make consequential amendments to section 41 and section 56 of the Environmental Protection Act 1995 relating to Environment Agency charging schemes (regulation 13). As a result of the amendments, such charging schemes may only cover the registration of exempt waste operations where the operation is the repair or refurbishment of WEEE. A related consequential amendment is made to the Waste Management (England and Wales) Regulations 2006 (regulation 14). The savings provisions in regulation 16(2) and (3) of these Regulations mean that the Environment Agency can continue to make charging schemes for the registration of “notifiable” waste operations (as defined in paragraph 1 of Schedule 2 to the 2007 Regulations) and operations involving the recovery of scrap metal for the purposes of the transitional provisions.

Regulation 15 makes a minor consequential amendment to the Waste Batteries and Accumulators Regulations 2009 and regulation 16 contains savings provisions previously described.

The substituted Schedule 2 defines who is an exemption registration authority – in most cases, this is the Environment Agency but in some cases, local authorities are exemption registration authorities (paragraph 2). Paragraph 3(1) sets out the requirements that must be met by a waste operation in order for it to be an exempt waste operation. Paragraph 4 sets out the procedure for registering exempt waste operations. Paragraph 5 contains provisions relating to restrictions on the registration of multiple waste operations at the same place. Paragraph 6 contains provisions for fees in relation to the registration of a WEEE operation (repair or refurbishment of WEEE). Paragraph 7 contains provisions relating to the period of validity of registrations and the renewal of registrations. Paragraph 8 contains provisions relating to changes to information appearing on the register (referred to as relevant particulars). Paragraph 9 sets out the requirements for the exemption registration authority as regards establishing and maintaining a register of exempt waste operations. Paragraph 10 sets out the circumstances under which such an authority must remove an entry from the register. Paragraph 11 makes provision for information affecting national security to be excluded from the register. Paragraph 12 sets out record keeping requirements and paragraph 13 sets out inspection requirements.

The substituted Schedule 3 set out sets revised descriptions and conditions for exempt waste operations (regulation 11). The provisions of Schedule 3 in the 2007 Regulations that relate to other waste operations to which section 33(1)(a) of the 1990 Act does not apply are revised and set out in new Schedule 3A.

A full impact assessment of the effect that this instrument will have on the costs of business and the voluntary sector is available from the Waste Management Division, Department for Environment, Food and Rural Affairs, Ergon House, Horseferry Road, London, SW1P 2AL and is annexed to the Explanatory Memorandum which is available alongside the instrument on the OPSI website (www.opsi.gov.uk).