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The Environmental Permitting (England and Wales) (Amendment) (England) Regulations 2014

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Schedule 2 (exempt facilities: general)

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9.  In Schedule 2—

(a)in paragraph 1 (interpretation: general)—

(i)for the heading substitute “Interpretation and application: general”;

(ii)after sub-paragraph (1) insert—

(2) Paragraphs 4 and 5 apply in relation to Wales only;

(3) Paragraphs 4A and 5A apply in relation to England only.;

(b)in paragraph 2 (Interpretation: exemption registration authority)—

(i)for the heading substitute “Interpretation: exemption registration authority and exemption authority”;

(ii)for sub-paragraph (4) substitute—

(4) In relation to Wales only the NRBW is the exemption registration authority in relation to—

(a)a water discharge activity falling within a description in Part 2 of Schedule 3; and

(b)a groundwater activity falling within a description in Part 3 of Schedule 3.;

(iii)for sub-paragraph (5) substitute—

(5) In relation to England only—

(a)the Agency is the exemption registration authority in relation to—

(i)a water discharge activity falling within a description in paragraph 1 of Part 2 of Schedule 3; and

(ii)a groundwater activity falling within a description in paragraphs 2 or 4 of Part 3 of Schedule 3.

(b)the Agency is the exemption authority in relation to—

(i)a water discharge activity falling within a description in paragraph 2A of Part 2 of Schedule 3; and

(ii)a groundwater activity falling within a description in paragraph 3A of Part 3 of Schedule 3.;

(c)in paragraph 4 (exempt water discharge activities) for the heading substitute “Exempt water discharge activities: Wales”);

(d)after paragraph 4 insert—

Exempt water discharge activities: England

4A.  For the purpose of the definition of “exempt water discharge activity”, the requirements are—

(a)that the water discharge activity—

(i)falls within a description in Part 2 of Schedule 3; and

(ii)satisfies, in relation to an activity of that description, the relevant conditions specified in Part 2 of that Schedule;

(b)where the water discharge activity falls within a description in paragraph 1 (vegetation management activities) of Part 2 of Schedule 3, that (in addition to the requirements in sub-paragraph (a))—

(i)the activity is registered by the operator, and

(ii)subject to paragraph 9(10) of this Schedule, the operator is registered in relation to that activity; and

(c)that the water discharge activity does not cause pollution of inland freshwaters, coastal waters or relevant territorial waters.;

(e)in paragraph 5 (exempt groundwater activities) for the heading substitute “Exempt groundwater activities: Wales”;

(f)after paragraph 5 insert—

Exempt groundwater activities: England

5A.  For the purpose of the definition of “exempt groundwater activity”, the requirements are—

(a)that the groundwater activity—

(i)falls within a description in Part 3 of Schedule 3; and

(ii)satisfies, in relation to an activity of that description, the relevant conditions specified in Part 3 of that Schedule;

(b)where the groundwater activity falls within a description in paragraphs 2 (discharge of small quantities of substances for scientific purposes) or 4 (open-loop ground source heating and cooling systems) of Part 3 of Schedule 3, that (in addition to the requirements in sub-paragraph (a))—

(i)the activity is registered by the operator; and

(ii)subject to paragraph 9(10) of this Schedule, the operator is registered in relation to the activity; and

(c)that the groundwater activity does not cause pollution of groundwater.;

(g)in paragraph 9(10) (exclusion from the register of information affecting national security) for “or 5(b)” substitute “, 4A(b), 5(b) or 5A(b)”.

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