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

This Statutory Instrument has been partly made in consequence of defects in SI 2013/390 and is being issued free of charge to all known recipients of that Statutory Instrument.

Statutory Instruments

2014 No. 255

Environmental Protection, England And Wales

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

Made

10th February 2014

Laid before Parliament

11th February 2014

Laid before the National Assembly for Wales

11th February 2014

Coming into force in accordance with regulation 1(2) and (3)

The Secretary of State, in relation to England, and the Welsh Ministers, in relation to Wales, have in accordance with section 2(4) of the Pollution Prevention and Control Act 1999(1) consulted—

(a) the Environment Agency;

(b) the Natural Resources Body for Wales;

(c) such bodies or persons appearing to them to be representative of the interests of local government, industry, agriculture and small business as they consider appropriate; and

(d) such other bodies or persons as they consider appropriate.

The Secretary of State, in relation to England, and the Welsh Ministers, in relation to Wales, make the following Regulations in exercise of the powers conferred by section 2 of, and Schedule 1 to, the Pollution Prevention and Control Act 1999(2).

(1)

1999 c. 24. Section 2(4) was amended by article 4 of, and paragraphs 394 and 395 of Schedule 2 to, the Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755 (W. 90)).

(2)

Functions of the Secretary of State under or in relation to section 2, so far as exercisable in relation to Wales, were transferred to the National Assembly for Wales, except in relation to offshore oil and gas exploration and exploitation, by article 3(1) of the National Assembly for Wales (Transfer of Functions) Order 2005 (S.I. 2005/1958). But this was subject to article 3(2), which provided that, so far as any of those functions are exercisable by the Secretary of State in relation to a cross-border body but which, by their nature, are not functions which can be specifically exercised in relation to Wales, such functions are exercisable by the Assembly in relation to that body concurrently with the Secretary of State. Functions of the National Assembly for Wales were transferred to the Welsh Ministers by section 162 of, and paragraph 30 of Schedule 11 to, the Government of Wales Act 2006 (c. 32). The following relevant amendments have been made to Schedule 1. Paragraph 21A was inserted by section 38 of the Waste and Emissions Trading Act 2003 (c.33); paragraph 24 was amended by S.I. 2005/925, Schedule 6, paragraph 2, and paragraph 25 was amended by section 105(1) of the Clean Neighbourhoods and Environment Act 2005 (c. 16).