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The Environmental Permitting (England and Wales) (Amendment) (No. 3) Regulations 2015

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EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Environmental Permitting (England and Wales) Regulations 2010 (S.I. 2010/675) (“the 2010 Regulations”).

Regulation 3 amends regulation 37 of the 2010 Regulations to allow the regulator (the Environment Agency in relation to England, the Natural Resources Body for Wales in relation to Wales and local authorities in both countries) to serve a suspension notice where it considers that there has been a contravention of an environmental permit condition and such contravention involves a risk of pollution. It also allows the regulator to require the operator to put up a sign to make clear to the public that no further waste of a specified description may be accepted at that facility.

Regulation 4 amends regulation 42 of the 2010 Regulations to make clear that the regulator may make an application to the High Court whether or not it has taken other steps to secure compliance with an enforcement notice or other specified type of notice.

Regulation 5 amends regulation 57 of the 2010 Regulations to allow the regulator to arrange for steps to be taken to remove the risk of serious pollution which arises as a result of the operation of a regulated facility or an exempt facility.

An impact assessment in relation to England has not been produced for this instrument as no, or no significant, impact on the private or voluntary sectors is foreseen. The Welsh Ministers’ Code of Practice on the carrying out of regulatory impact assessments for subordinate legislation was considered in relation to these Regulations. As a result, a regulatory impact assessment in relation to Wales has been prepared as to the likely costs and benefits of complying with these Regulations. A copy can be obtained from Welsh Government, Cathays Park, Cardiff CF10 3NQ and is published on www.gov.wales.

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