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The Environmental Permitting (England and Wales) Regulations 2010

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Discharge of functions

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32.—(1) Subject to regulation 33, functions in relation to a regulated facility, other than a regulated facility mentioned in paragraph (2), are exercisable by the Agency.

(2) Functions in relation to a regulated facility of the following description or class are exercisable by the local authority in whose area the regulated facility is or will be operated—

(a)a Part A(2) installation or Part A(2) mobile plant;

(b)a Part B installation or Part B mobile plant, but not in respect of any of the following regulated facilities carried on at the installation or by means of mobile plant—

(i)a waste operation (unless it is a Part B activity),

(ii)a mining waste operation,

(iii)a water discharge activity,

(iv)a groundwater activity.

(3) If the principal place of business of the operator of Part A(2) mobile plant or Part B mobile plant is in England and Wales, functions in relation to that regulated facility are exercisable by the local authority in whose area the place of business is.

(4) If the principal place of business of the operator of Part A(2) mobile plant or Part B mobile plant is not in England and Wales, functions in relation to that regulated facility are exercisable by—

(a)the local authority which granted the environmental permit authorising the operation of the regulated facility; or

(b)if no permit has been granted, the local authority in whose area the regulated facility is first operated, or is intended to be first operated.

(5) In this regulation, “functions” includes relevant functions.

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