The Environmental Permitting (England and Wales) Regulations 2007
2007 No. 3538
ENVIRONMENTAL PROTECTION, ENGLAND AND WALES
The Environmental Permitting (England and Wales) Regulations 2007
Made 13th December 2007
Coming into force 6th April 2008
These Regulations are made in exercise of the powers conferred by section 2 of, and Schedule 1 to, the Pollution Prevention and Control Act 19991.
The Secretary of State, in relation to England, and the National Assembly for Wales, in relation to Wales, have in accordance with section 2(4) of that Act consulted2—
(a) the Environment Agency;
(b) such bodies or persons appearing to them to be representative of the interests of local government, industry, agriculture and small businesses respectively as they consider appropriate; and
(c) such other bodies or persons as they consider appropriate.
A draft of this instrument has been approved by a resolution of each House of Parliament and by the National Assembly for Wales pursuant to section 2(8) and (9)(d) and (e) of that Act3.
Accordingly, the Secretary of State, in relation to England, and the Welsh Ministers, in relation to Wales, make the following Regulations—
PART 1
General
Citation, commencement and extent
1.—(1) These Regulations—
(a)
(a) may be cited as the Environmental Permitting (England and Wales) Regulations 2007;
(b)
(b) come into force on 6th April 2008; and
(c)
(c) extend to England and Wales only.
(2) For the purposes of this regulation—
(a)
(a) England and Wales includes the sea adjacent to England and Wales out as far as the seaward boundary of the territorial sea; and
(b)
(b) the sea adjacent to Wales has the same meaning as in section 158 of the Government of Wales Act 20064.
Interpretation: general
2.—(1) Except where otherwise provided, in these Regulations—
“the 1990 Act” means the Environmental Protection Act 19905;
“the 1995 Act” means the Environment Act 19956;
“the 1994 Regulations” means the Waste Management Licensing Regulations 19947;
“the 2000 Regulations” means the Pollution Prevention and Control (England and Wales) Regulations 20008;
“activity” means, subject to Part 1 of Schedule 1, an activity listed in Part 2 of that Schedule;
“the Agency” means the Environment Agency;
“agricultural waste” means waste from premises used for agriculture within the meaning of the Agriculture Act 19479;
“appropriate authority” means—
(a) in relation to England, the Secretary of State, and
(b) in relation to Wales, the Welsh Ministers;
“directly associated activity” means—
(a) in relation to a SED activity, an operation which—
(i) has a technical connection with the SED activity,
(ii) is carried on on the same site as the SED activity, and
(iii) could have an effect on a discharge of volatile organic compounds into the environment;
(b) in relation to any other activity, an operation which—
(i) has a technical connection with the activity,
(ii) is carried on on the same site as the activity, and
(iii) could have an effect on pollution;
“disposal” has the same meaning as in the Waste Framework Directive and related terms must be construed accordingly;
“emission” means—
(a) in relation to a Part A installation, the direct or indirect release of substances, vibrations, heat or noise from individual or diffuse sources in the installation into the air, water or land,
(b) in relation to a Part B installation, the direct release of substances or heat from individual or diffuse sources in the installation into the air,
(c) in relation to Part A mobile plant, the direct or indirect release of substances, vibrations, heat or noise from the mobile plant into the air, water or land,
(d) in relation to Part B mobile plant, the direct release of substances or heat from the mobile plant into the air, and
(e) in relation to a waste operation not falling within paragraph (a) to (d), the direct or indirect release of substances, vibrations, heat or noise from individual or diffuse sources related to the operation into the air, water or land;
“the End-of-Life Vehicles Directive” means Directive 2000/53/ECof the European Parliament and of the Council on end-of life vehicles10;
“enforcement notice” has the meaning given in regulation 36(1);
“environmental permit” has the meaning given in regulation 13(1);
“establishment” has the same meaning as in the Waste Framework Directive;
“excluded waste operation” has the meaning given in regulation 4;
“exempt waste operation” has the meaning given in regulation 5;
“exemption registration authority” has the meaning given in paragraph 2 of Schedule 2;
“hazardous waste”, except in Section 5.1 of Part 2 of Schedule 1, has the meaning given by—
(a) in England, regulation 6 of the Hazardous Waste (England and Wales) Regulations 200511,
(b) in Wales, regulation 6 of the Hazardous Waste (Wales) Regulations 200512;
“installation” means (except where used in the definition of “excluded plant” in Section 5.1 of Part 2 of Schedule 1)—
(a) a stationary technical unit where one or more activities are carried on, and
(b) any other location on the same site where any other directly associated activities are carried on,and references to an installation include references to part of an installation;
“the IPPC Directive” means Council Directive 96/61/ECconcerning integrated pollution prevention and control13;
“landfill” has the meaning given in Article 2(g) of the Landfill Directive;
“landfill closure notice” means a closure notice served under paragraph 10 of Schedule 10;
“the Landfill Directive” means Council Directive 1999/31/ECon the landfill of waste14, as read with Council Decision 2003/33/EC15establishing criteria and procedures for the acceptance of waste at landfills pursuant to Article 16 of and Annex II to Directive 1999/31/EC;
“local authority” has the meaning given in regulation 6;
“mobile plant” means plant which—
(a) is not an installation,
(b) is used to carry on an activity or waste operation, and
(c) where not used to carry on a Part A activity, is designed to move or be moved whether on roads or other land;
“non-hazardous waste”, except in Section 5.1 of Part 2 of Schedule 1, means waste which is not hazardous waste;
“operator” has the meaning given in regulation 7;
“Part A installation”, “Part A(1) installation”, “Part A(2) installation” and “Part B installation” have the meanings given in regulation 3(2);
“Part A mobile plant”, “Part A(1) mobile plant”, “Part A(2) mobile plant” and “Part B mobile plant” have the meanings given in regulation 3(3);
“pollution” means any emission as a result of human activity which may—
(a) be harmful to human health or the quality of the environment,
(b) cause offence to a human sense,
(c) result in damage to material property, or
(d) impair or interfere with amenities and other legitimate uses of the environment;
“public register” has the meaning given by regulation 46(1);
“recovery” has the same meaning as in the Waste Framework Directive and related terms must be construed accordingly;
“regulated facility” has the meaning given by regulation 8;
“regulator” means the authority on whom functions are conferred by regulation 32, or by a direction under regulation 33;
“relevant function” has the meaning given by regulation 9;
“revocation notice” means a notice served under regulation 22(3);
“rule-making authority” means—
(a) in relation to a regulated facility for which a local authority is the regulator, the appropriate authority, and
(b) in relation to any other regulated facility, the Agency;
“standard facility” means a regulated facility described in standard rules published under regulation 26(5);
“SED activity” means an activity falling within section 7 of Part 2 of Schedule 1;
“SED installation” means—
(a) a stationary technical unit where one or more SED activities are carried on, and
(b) any other location on the same site where any other directly associated activities are carried on;
“suspension notice” has the meaning given in regulation 37(1);
“undertaking” has the same meaning as in the Waste Framework Directive;
“waste”, except where otherwise defined, means anything that—
(a) is waste for the purposes of the Waste Framework Directive, and
(b) is not excluded from the scope of that Directive by Article 2(1) of that Directive;
“the Waste Framework Directive” means Directive 2006/12/ECof the European Parliament and of the Council on waste16;
“the Waste Incineration Directive” means Directive 2000/76/ECof the European Parliament and of the Council on the incineration of waste17;
“waste oil” means mineral-based lubricating or industrial oil which has become unfit for the use for which it was originally intended and, in particular, used combustion engine oil, gearbox oil, mineral lubricating oil, oil for turbines and hydraulic oil;
“waste operation” means recovery or disposal of waste;
“WEEE” has the meaning given by Article 3(b) of the WEEE Directive;
“WEEE Directive” means Directive 2002/96/ECof the European Parliament and of the Council on waste electrical and electronic equipment18; and
“working day” means a day other than—
(a) a Saturday or a Sunday,
(b) Good Friday or Christmas Day, or
(c) a day which is a bank holiday under the Banking and Financial Dealings Act 197119.
(2) Where the duration of a period of time is expressed as being from one event to another event, that period—
(a)
(a) starts on the day on which the first event occurs, and
(b)
(b) ends on the day on which the second event occurs.
(3) In these Regulations, a power to give a direction includes a power to vary or revoke it.
Interpretation: activities, installations and mobile plant
3.—(1) In these Regulations—
“Part A activity” means a Part A(1) activity or a Part A(2) activity;
“Part A(1) activity” means an activity falling within Part A(1) of any Section in Part 2 of Schedule 1;
“Part A(2) activity” means an activity falling within Part A(2) of any Section in Part...
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