The Environmental Permitting (England and Wales) (Amendment) Regulations 2012

JurisdictionUK Non-devolved
CitationSI 2012/630
  • may be cited as the Environmental Permitting (England and Wales) (Amendment) Regulations 2012; and
  • come into force on 6th April 2012.
  • In these Regulations, “the
  • In regulation 2(1) of the
  • omit “or” at the end of sub-paragraph (b) ;
  • at the end of sub-paragraph (c) insert—
  • of more than one radioactive substances activity described in paragraph 11(6) of Part 2 of Schedule 23, where all such activities are in respect of the use or potential use of the same premises for underground disposal (within the meaning of paragraph 11(7) of that Schedule)
  • In regulation 19 of the
  • regulation 24, orregulation 25 and Part 1 of Schedule 5;regulation 18(2) ,ii) regulation 22(5) ,paragraph 19(2) of Part 1 of Schedule 5; orit ceases to have effect in accordance with regulation 67A(3) , (4) or (5) .
  • In regulation 20(5) (b) (i) of the
  • for paragraph (1) substitute—
    • (1) The regulator may transfer to a proposed transferee an environmental permit or any part of an environmental permit—
    • (a) if the operator is one individual (A) and the regulator is satisfied that A cannot be found, on the application of the proposed transferee only,
    • (b) if the operator is two or more individuals (A and B) and the regulator is satisfied that A cannot be found, on the joint application of B and the proposed transferee, or
    • (c) otherwise, on the joint application of the operator and the proposed transferee.
  • if the operator is one individual (A) and the regulator is satisfied that A cannot be found, on the application of the proposed transferee only,if the operator is two or more individuals (A and B) and the regulator is satisfied that A cannot be found, on the joint application of B and the proposed transferee, orotherwise, on the joint application of the operator and the proposed transferee.
  • for paragraph (4) substitute—
    • (4) The regulator may transfer to a proposed transferee an environmental permit to which paragraph (1) does not apply, or any part of that permit—
    • (a) if the operator is one individual (A) and the regulator is satisfied that A cannot be found, on the notification of the proposed transferee only;
    • (b) unless sub-paragraph (c) applies, if the operator is two or more individuals (A and B) and the regulator is satisfied that A cannot be found, on the joint notification of B and the proposed transferee;
    • (c) if the operator is two or more individuals (A and B) and the proposed transferee is two or more individuals (B and C) , where B is both an operator and a proposed transferee—(i) on the joint notification of A and C, or(ii) if the regulator is satisfied that A cannot be found, on the notification of C only; or
    • (d) otherwise, on the joint notification of the operator and the proposed transferee.
  • if the operator is one individual (A) and the regulator is satisfied that A cannot be found, on the notification of the proposed transferee only;unless sub-paragraph (c) applies, if the operator is two or more individuals (A and B) and the regulator is satisfied that A cannot be found, on the joint notification of B and the proposed transferee;on the joint notification of A and C, orif the regulator is satisfied that A cannot be found, on the notification of C only; orotherwise, on the joint notification of the operator and the proposed transferee.
  • after paragraph (7) insert—
  • Unless a proposed transferee makes a joint application or gives a joint notification, the regulator may not transfer to the proposed transferee an environmental permit or any part of an environmental permit in respect of a regulated facility that ceased to be in operation more than 6 months before the proposed date of transfer.
  • In regulation 60(3) (a) of the
  • After regulation 67 of the principal Regulations insert—
      (Chapter 1A) Further provision – death of sole operator(67A) Death of sole operator
    • (1) This regulation applies if—
    • (a) an environmental permit authorising the operation of a regulated facility is held by one individual (“A”) ; and
    • (b) A dies.
  • an environmental permit authorising the operation of a regulated facility is held by one individual (“A”) ; andA dies.forms part of A’s personal estate;vests in A’s personal representatives;continues to have effect subject to the conditions that applied at the time of A’s death; andmust be read as if it contained the following condition—the permit has been transferred under regulation 21; orthe regulator has received from A’s personal representatives a duly-made application under regulation 21(1) for the transfer of the permit, and the application has not been withdrawn or finally determined.is withdrawn; oron determination, is refused.
  • In regulation 109 of the
  • After regulation 109 of the principal Regulations insert—
      (Chapter 6) Review(110) Review
    • (1) The Secretary of State, in relation to England, must from time to time—
    • (a) carry out a review of these Regulations;
    • (b) set out the conclusions of the review in a report; and
    • (c) publish the report.
  • carry out a review of these Regulations;set out the conclusions of the review in a report; andpublish the report.set out the objectives intended to be achieved by the regulatory system established by these Regulations;assess the extent to which the objectives have been achieved; andassess whether the objectives remain appropriate and, if so, the extent to which they could be achieved with a system that imposes less regulation.The first report under this regulation must be published before the end of the period of 5 years beginning with 6th April 2012.Reports under this regulation are afterwards to be published at intervals not exceeding 5 years.(1) Part 2 of Schedule 1 to the principal Regulations is amended as follows.for paragraph 1 substitute—
      (1) In this Section—
      • “anaerobic digestion” means the mesophilic and thermophilic biological decomposition and stabilisation of biodegradable materials which—
        • (a) is carried on under controlled anaerobic conditions,
        • (b) produces a methane-rich gas mixture, and
        • (c) results in stable sanitised material that can be applied to land for the benefit of agriculture or to improve the soil structure or nutrients in land; and
      • “recovered oil” means waste oil which has been processed but which has not ceased to be waste.
    ;
    In this Section—
    • “anaerobic digestion” means the mesophilic and thermophilic biological decomposition and stabilisation of biodegradable materials which—
      • (a) is carried on under controlled anaerobic conditions,
      • (b) produces a methane-rich gas mixture, and
      • (c) results in stable sanitised material that can be applied to land for the benefit of agriculture or to improve the soil structure or nutrients in land; and
    • “recovered oil” means waste oil which has been processed but which has not ceased to be waste.
    in Part A(1) , for paragraph 5 substitute—
      (5) In Part A(1) (b) (iii) of this Section, “fuel” excludes—
    • (a) gas produced by biological degradation of waste in a landfill that is not listed in Part 2 of this Schedule,
    • (b) gas produced as a result of the anaerobic digestion of biodegradable waste, and
    • (c) fuel which has ceased to be waste.
    ;
    gas produced by biological degradation of waste in a landfill that is not listed in Part 2 of this Schedule,gas produced as a result of the anaerobic digestion of biodegradable waste, andfuel which has ceased to be waste.in Part A(1) , after paragraph 5 insert—
      (6) Nothing in this Part of this Section applies to burning fuels in an appliance installed on a storage or unloading platform as defined in regulation 2 of the Offshore Combustion Installations (Prevention and Control of Pollution) Regulations 2001.
    Nothing in this Part of this Section applies to burning fuels in an appliance installed on a storage or unloading platform as defined in regulation 2 of the Offshore Combustion Installations (Prevention and Control of Pollution) Regulations 2001in Part B, for paragraph 2 substitute—
      (2) In Part B(b) (iii) , (c) or (d) of this Section—
      • “fuel” excludes—
        • (a) gas produced by biological degradation of waste, and
        • (b) fuel which has ceased to be waste.
    .
    In Part B(b) (iii) , (c) or (d) of this Section—
    • “fuel” excludes—
      • (a) gas produced by biological degradation of waste, and
      • (b) fuel which has ceased to be waste.
    for paragraph (e) substitute—
    • (e) Producing gas from oil or other carbonaceous material or from mixtures of oil and other carbonaceous material, unless the production is carried...

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