The Environmental Permitting (England and Wales) (Amendment) (No. 2) Regulations 2013

Year2013

2013 No. 766

Environmental Protection, England And Wales

Health And Safety

The Environmental Permitting (England and Wales) (Amendment) (No. 2) Regulations 2013

Made 27th March 2013

Laid before Parliament 2nd April 2013

Coming into force 26th April 2013

The Secretary of State in relation to England (and Wales and Scotland, so far as relating to regulation 3 of the following Regulations), and the Welsh Ministers in relation to Wales (except so far as relating to regulation 3), have, in accordance with section 2(4) of the Pollution Prevention and Control Act 19991(“the 1999 Act”), consulted—

(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 business as they consider appropriate; and

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

The Secretary of State has also, in accordance with section 2(4)(b) of the 1999 Act, consulted the Scottish Environment Protection Agency in relation to regulation 3.

The Secretary of State makes the following Regulations—

(a) so far as relating to regulation 3, in relation to England, Wales and Scotland in exercise of the powers conferred by section 2 of, and paragraph 20(1) of Schedule 1 to, the 1999 Act;

(b) otherwise, in relation to England in exercise of the powers conferred by sections 2 and 7(9) of, and Schedule 1 to, the 1999 Act.

The Welsh Ministers make the following Regulations, except so far as relating to regulation 3, in relation to Wales in exercise of the powers conferred by sections 2 and 7(9) of, and Schedule 1 to, the 1999 Act.

S-1 Citation, commencement and extent

Citation, commencement and extent

1.—(1) These Regulations may be cited as the Environmental Permitting (England and Wales) (Amendment) (No. 2) Regulations 2013.

(2) They come into force on 26th April 2013.

(3) Subject to paragraph (4), these Regulations extend to England and Wales.

(4) Regulation 3 extends to England and Wales and Scotland.

S-2 Amendment of the Environmental Permitting (England and Wales) Regulations 2010

Amendment of the Environmental Permitting (England and Wales) Regulations 2010

2.—(1) The Environmental Permitting (England and Wales) Regulations 20102are amended as follows.

(2) In regulation 3 (interpretation: Directives), for the definition of “the Landfill Directive” substitute the following definition—

““the Landfill Directive” means Council Directive 1999/31/ECon the landfill of waste3, as read with Council Decision 2003/33/ECestablishing criteria and procedures for the acceptance of waste at landfills pursuant to Article 16 of, and Annex II to, Directive 1999/31/EC4;”.

(3) In paragraph 5 of Schedule 10 (landfill), after sub-paragraph (3) insert—

S-4

“4 The regulator may exercise those relevant functions so as to permit the storage of metallic mercury in accordance with Regulation (EC) No 1102/2008of the European Parliament and of the Council on the banning of exports of metallic mercury and certain mercury compounds and mixtures and...

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