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

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

8.  After regulation 71A(1) (transitional provision: existing mining waste operations), insert—

“Transitional provision: exempt waste operations

71B.— (1) This regulation applies to any establishment or undertaking which on 5th April 2010 was carrying on an exempt waste operation.

(2) The establishment or undertaking is deemed to carry on the exempt waste operation until—

(a) the date mentioned in paragraph (3); or

(b) if before that date the operation ceases to be an exempt waste operation within the meaning of regulation 5 (as that regulation had effect on 5th April 2010), the date on which it ceases to be such.

(3) The date referred to in paragraph (2)(a) is—

(a) if an application for the grant or variation of an environmental permit is made in relation to the operation on or before the date shown in the table set out below for the operation—

(i) if the application is granted, the date of the grant,

(ii) if the application is refused, and the applicant appeals against the refusal, the date on which the appeal is determined or withdrawn, or

(iii) if the application is refused, and the applicant does not appeal against the refusal, the day after the last day on which an appeal could have been brought, determined in accordance with paragraph 3(1) of Schedule 6; or

(b) if the establishment or undertaking seeks to be registered in relation to the waste operation as an exempt waste operation on or before the date shown in the table set out below for the operation, the date of first registration;

(c) otherwise, the date indicated in the second column of the table set out below for the operation.

Waste operation	Date
A waste operation described in paragraph 9, 10, 12 or 19 of Part 1 of previous Schedule 3 that does not involve the disposal or recovery of agricultural waste on agricultural land	1st October 2011
A waste operation described in paragraph 13 or 21 of Part 1 of previous Schedule 3 that does not involve the disposal or recovery of agricultural waste on agricultural land	6th April 2012
A waste operation described in paragraph 7 of Part 1 of previous Schedule 3 that does not involve the disposal or recovery of agricultural waste on agricultural land	1st October 2012
A waste operation described in paragraph 4 to 6, 11, 14, 15, 17, 18, 20, 22, 23, 25, 29 to 32, 38, 40 to 42 or 46 of Part 1 of previous Schedule 3 that does not involve the disposal or recovery of waste on agricultural land	1st October 2012
A waste operation described in paragraph 2, 3, 8, 24, 43 to 45 of Part 1 of previous Schedule 3	1st October 2013
A waste operation described in paragraph 7, 9, 10, 12, 13, 16, 19, 21, 28, 36, 37 or 47 of Part 1 of previous Schedule 3 that involves the disposal or recovery of agricultural waste on agricultural land	1st October 2013
Any other waste operation described in Part 1 of previous Schedule 3 that involves the disposal or recovery of waste on agricultural land	1st October 2013

(4) In this regulation—

“agricultural land” means land used for agriculture within the meaning of section 109(3) of the Agriculture Act 1947(2);

“date of first registration” means, in relation to an establishment or undertaking, the date on which the relevant particulars (which means the information in paragraph 4(2) of Schedule 2) first appear on the register (as defined by paragraph 1 of that Schedule) but does not include any relevant particulars entered on the register before 6th April 2010;

“previous Schedule 3” means Schedule 3 to these Regulations as it had effect on 5th April 2010.”.

(1)

Regulation 71A was inserted by regulation 16(5) of S.I. 2009/1799.

(2)

1947 c. 48.