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The Environmental Permitting (England and Wales) Regulations 2010

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Environmental Protection Act 1990

This sectionnoteType=Explanatory Memorandum has no associated

5.  (1)  The 1990 Act(1) is amended as follows.

(2) In section 28(2)(2) (authorisations)—

(a)for “a registration or authorisation under the Radioactive Substances Act 1993” substitute “an environmental permit granted under the Environmental Permitting (England and Wales) Regulations 2010 in relation to a radioactive substances activity within the meaning of those Regulations”; and

(b)for “registration or authorisation under that Act” substitute “environmental permit”.

(3) In section 29 (waste on land: preliminary)(3), for subsection (12) substitute—

(12) “The Environmental Permitting Regulations” means the Environmental Permitting (England and Wales) Regulations 2010.

(4) In the following sections, for “the 2007 Regulations” substitute “the Environmental Permitting Regulations”—

(a)section 29(13) (waste on land: preliminary);

(b)section 34(1)(aa), (1)(c)(ii)(4) and (1A)(b) (duty of care etc as respects waste);

(c)section 59(1) and (7) (powers to require removal of waste unlawfully deposited)(5);

(d)section 59ZA(2) (section 59: supplementary power)(6).

(5) For section 33(1B) (exceptions to prohibition on unauthorised disposal of waste)(7) substitute—

(1B) Subsection (1) does not apply in relation to the carrying on of any waste operation which is or forms part of an operation which—

(a)is the subject of a licence under Part 2 of the Food and Environment Protection Act 1985; or

(b)by virtue of an order under section 7 of that Act, does not require such a licence;.

(6) In the following sections, for “regulation 38(1)(a) of the 2007 Regulations” substitute “regulation 38(1) of the Environmental Permitting Regulations”—

(a)section 33A(1)(b) (section 33 offences: investigation and enforcement costs)(8);

(b)section 33B(1)(b) (section 33 offences: clean-up costs)(9);

(c)section 33C(1)(b) (section 33 offences: forfeiture of vehicles)(10).

(7) In section 33C(7)(d), for “regulation 38(1)(a) or 38(1)(b) of the 2007 Regulations” substitute “regulation 38(1) or (2) of the Environmental Permitting Regulations”.

(8) In section 34B(2)(a) and (3)(a) (power to search and seize vehicles etc)(11), for “regulation 38(1)(a) or (b) of the 2007 Regulations” substitute “regulation 38(1) or (2) of the Environmental Permitting Regulations”.

(9) In section 78 (radioactive substances)—

(a)for “the Radioactive Substances Act 1993” substitute “Schedule 23 to the Environmental Permitting Regulations (radioactive substances activities)”; and

(b)in paragraph (b), for “the Radioactive Substances Act 1993 and any other Act” substitute “the Environmental Permitting Regulations in relation to such radioactive waste, and any Act or other enactment,”.

(10) In section 78YB (interaction with other enactments)(12)—

(a)in subsection (4), for “a consent given under Chapter II of Part III of the Water Resources Act 1991 (pollution offences)” substitute “an environmental permit”; and

(b)in subsection (5)(13), in the definition of “enforcement action”, for “the Environmental Permitting (England and Wales) Regulations 2007” substitute “the Environmental Permitting (England and Wales) Regulations 2010”.

(11) In section 78YC (radioactivity)(14), in paragraph (b), for “the Radioactive Substances Act 1993 or any other Act” substitute “the Environmental Permitting (England and Wales) Regulations 2010 or any Act or other enactment”.

(12) In section 142(7) (powers to obtain information about potentially hazardous substances), for “the Radioactive Substances Act 1993;” substitute “the Environmental Permitting (England and Wales) Regulations 2010 in relation to radioactive material or radioactive waste;”.

(13) In section 156(2) (power to give effect to Community and other international obligations etc) omit “; and the provisions of the Radioactive Substances Act 1993”.

(2)

Section 28(2) was amended by the Radioactive Substances Act 1993 (c. 12), Schedule 4, paragraph 6, and prospectively repealed by the Pollution, Prevention and Control Act 1999 (c. 24), Schedule 3, on a date to be appointed.

(3)

Section 29 was amended by the Clean Neighbourhoods and Environment Act 2005 (c. 16), section 51 and S.I. 2007/3538 and 2009/1799.

(4)

Section 34 was amended by the Deregulation and Contracting Out Act 1994 (c. 40), section 33, and the Environment Act 1995 (c. 25), section 120 and Schedule 22, and by S.I. 1999/1820, 2000/1973, 2005/2900, 2006/123, 2007/3538 and 2009/1799.

(5)

Section 59 was amended by the Clean Neighbourhoods and Environment Act 2005 (c. 16), sections 43(2) and 50(1) and S.I. 2007/3538 and 2009/1799.

(6)

Section 59ZA was inserted by the Clean Neighbourhoods and Environment Act 2005 (c. 16), section 50(2) and amended by S.I. 2007/3538.

(7)

Section 33 was amended by the Environment Act 1995 (c. 25), section 120 and Schedule 22, the Clean Neighbourhoods and Environment Act 2005 (c. 16), sections 40(1), 41(1), 107 and Schedule 5, and S.I. 2005/894, 2006/937, 2007/3538 and 2009/1799.

(8)

Section 33A was inserted by the Clean Neighbourhoods and Environment Act 2005 (c. 16), section 42(1) and amended by S.I. 2007/3538 and 2009/1799.

(9)

Section 33B was inserted by the Clean Neighbourhoods and Environment Act 2005 (c. 16), section 43(1) and amended by S.I. 2006/937, 2007/3538 and 2009/1799.

(10)

Section 33C was inserted by the Clean Neighbourhoods Act 2005 (c. 16), section 44(1) and amended by S.I. 2006/937 and 2007/3538.

(11)

Section 34B was inserted by the Clean Neighbourhoods and Environment Act (c. 16), section 46(1) and amended by S.I. 2007/3538.

(12)

Section 78YB was inserted by the Environment Act 1995 (c. 25), section 57, and amended by the Water Act 2003 (c. 37), section 86 and S.I. 2000/1973 and 2007/3538.

(13)

Subsection (5) was inserted by S.I. 2007/3538, Schedule 21, paragraphs 2 and 18(b).

(14)

Section 78YC was inserted by the Environment Act 1995 (c. 25), section 57.

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