The Pollution Prevention and Control (England and Wales)(Amendment) (No. 2) Regulations 2003
| Jurisdiction | UK Non-devolved |
| Citation | SI 2003/3296 |
2003 No. 3296
ENVIRONMENTAL PROTECTION,ENGLAND AND WALES
The Pollution Prevention and Control (England and Wales)(Amendment) (No. 2) Regulations 2003
Made 16th December 2003
Laid before Parliament 17th December 2003
Coming into force 7th January 2004
The Secretary of State, in exercise of the powers conferred on her by section 2 of the Pollution Prevention and Control Act 19991, having, in accordance with subsection (4) of that section, consulted the Environment Agency, such bodies or persons appearing to her to be representative of the interests of local government, industry, agriculture and small businesses respectively as she considers appropriate and such other bodies and persons as she considers appropriate, hereby makes the following Regulations:
Citation and commencement
1. These Regulations may be cited as the Pollution Prevention and Control (England and Wales) (Amendment) (No. 2) Regulations 2003 and shall come into force on 7th January 2004.
Amendment of the Pollution Prevention and Control (England and Wales) Regulations 2000
2.—(1) The Pollution Prevention and Control (England and Wales) Regulations 20002are amended as follows.
(2) In regulation 2(1) (interpretation: general) the definition of “specified waste management activity” is replaced by the following definition—
““Specified waste management activity” means any one of the following activities—
(a) the disposal of waste in a landfill falling within Section 5.2 of Part 1 of Schedule 1;
(b) the disposal of waste falling within Section 5.3 of that Part of that Schedule;
(c) the recovery of waste falling within paragraphs (i), (ii), (v) or (vii) of paragraph (c) of Part A(1) of Section 5.4 of that Part of that Schedule,
but does not include any activity specified in sub-paragraphs (b) or (c) above where that activity—
(i) is carried on at the same installation as any activity falling within Part A(1) of any Section in Part 1 of that Schedule, which is not an activity specified in sub-paragraphs (a) to (c) above; and
(ii) is not the primary activity of that installation,
and, for the purpose of this definition the primary activity of an installation is the activity the carrying out of which constitutes the primary purpose for operating the installation.”.
(3) In regulation 4 (fit and proper person), paragraphs (3)(b) to (d) are deleted and replaced as follows—
“(b)
“(b) the management of the specified waste management activity which is to be carried out will not be in the hands of a technically competent person;
(c)
(c) he has not made, or will not before commencement of any specified waste management activity consisting of the disposal of waste in a landfill falling within Section 5.2 of Part 1 of Schedule 1 make, adequate financial provision (either by way of financial security or its equivalent) to ensure that—
(i) the obligations (including after-care provisions) arising from the permit in relation to that activity are discharged...
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