The Major Accident Off-Site Emergency Plan (Management of Waste from Extractive Industries) (England and Wales) Regulations 2009

Interpretation E+W

2.  In these Regulations—

[F1 “the 2016 Regulations” means the Environmental Permitting (England and Wales) Regulations 2016;]

[F2 “appropriate agency” means—

(a)

in relation to England, the Environment Agency;

(b)

in relation to Wales, the Natural Resources Body for Wales;]

[F2 “appropriate authority” means—

(a)

in relation to England, the Secretary of State;

(b)

in relation to Wales, the Welsh Ministers;]

“Category A mining waste facility” means a mining waste facility which is classified as Category A under Article 9 of the Mining Waste Directive;

[F3 “competent authority” means, in relation to an area, the fire and rescue authority under the Fire and Rescue Services Act 2004 for that area;]

“emergency services” means those police, fire and ambulance services who are liable to be required to respond to a major accident, and, where appropriate, Her Majesty’s Coastguard;

[F4 “EU-derived domestic legislation” has the meaning given in section 2(2) of the European Union (Withdrawal) Act 2018;]

“health authority” means—

(a)

[F5 in relation to England, [F6 an integrated care board established under Chapter A3 of Part 2 of the National Health Service Act 2006], [F7 NHS England] or Public Health England, an executive agency of the Department of Health [F8 and Social Care];]

(b)

in relation to Wales, a Local Health Board established under section 11 of the National Health Service (Wales) Act 2006(1);

[F9 “local authority” means—

(a)

in England outside Greater London—

(i)

a district council,

(ii)

a county council, or

(iii)

the Council of the Isles of Scilly;

(b)

in Greater London—

(i)

the council of a London borough,

(ii)

the Common Council of the City of London,

(iii)

the Sub-Treasurer of the Inner Temple, or

(iv)

the Under-Treasurer of the Middle Temple;

(c)

in Wales—

(i)

a county council, or

(ii)

a county borough council.]

“major accident” has the same meaning as in the Mining Waste Directive;

“Mining Waste Directive” means Directive 2006/21/EC(2) of the European Parliament and of the Council on the management of waste from extractive industries and amending Directive 2004/35/EC [F10 as read in accordance with regulation 2A];

“mining waste facility” means a “waste facility” as defined in Article 3(15) of the Mining Waste Directive but excludes those facilities mentioned in Article 24(2) or in the first paragraph of Article 24(4) of that Directive;

“operator” has the meaning given in regulation 7 of [F11 the 2016 Regulations];

“the public” and “the public concerned” have the same meanings as in the Mining Waste Directive; and

[F12 “regulator” means—

(a)

the Natural Resources Body for Wales where that body is the regulator of the mining waste facility under [F13 the 2016 Regulations];

(b)

the Environment Agency, where that body is the regulator of the mining waste facility under [F13 the 2016 Regulations];]

“site” means the whole area under the control of the operator where a mining waste facility is present, and for this purpose two or more areas under the control of the same person and separated only by a road, railway or inland waterway are to be treated as one whole area (and on-site and off-site are to be construed accordingly).

Textual Amendments

F1 Words in reg. 2 substituted (1.1.2017) by The Environmental Permitting (England and Wales) Regulations 2016 (S.I. 2016/1154), reg. 1(1), Sch. 29 para. 31(2)(a) (with regs. 1(3), 77-79, Sch. 4)

F2 Words in reg. 2 inserted (31.12.2020) by The Waste (Miscellaneous Amendments) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/188), regs. 1(2)(b), 15(2)(a) (as amended by S.I. 2020/1540, regs. 1(2), 11(2)); 2020 c. 1, Sch. 5 para. 1(1)

F3 Words in reg. 2 substituted (1.1.2017) by The Environmental Permitting (England and Wales) Regulations 2016 (S.I. 2016/1154), reg. 1(1), Sch. 29 para. 31(2)(b) (with regs. 1(3), 77-79, Sch. 4)

F4 Words in reg. 2 inserted (31.12.2020) by The Waste (Miscellaneous Amendments) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/188), regs. 1(2)(b), 15(2)(b) (as amended by S.I. 2020/1540, regs. 1(2), 11(2)); 2020 c. 1, Sch. 5 para. 1(1)

F5 Words in reg. 2 substituted (1.4.2013) by The National Treatment Agency (Abolition) and the Health and Social Care Act 2012 (Consequential, Transitional and Saving Provisions) Order 2013 (S.I. 2013/235), art. 1(2), Sch. 2 para. 131

F6 Words in Regulations substituted (1.7.2022) by The Health and Care Act 2022 (Consequential and Related Amendments and Transitional Provisions) Regulations 2022 (S.I. 2022/634), reg. 1(2), Sch. para. 1

F7 Words in Regulations substituted (6.11.2023) by The Health and Care Act 2022 (Further Consequential Amendments) (No. 2) Regulations 2023 (S.I. 2023/1071), reg. 1(1), Sch. para. 1

F8 Words in reg. 2 inserted (11.4.2018) by The Secretaries of State for Health and Social Care and for Housing, Communities and Local Government and Transfer of Functions (Commonhold Land) Order 2018 (S.I. 2018/378), art. 1(2), Sch. para. 20(k) (with art. 14)

F9 Words in reg. 2 inserted (31.12.2020) by The Waste (Miscellaneous Amendments) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/188), regs. 1(2)(b), 15(2)(c) (as amended by S.I. 2020/1540, regs. 1(2), 11(2)(9)); 2020 c. 1, Sch. 5 para. 1(1)

F10 Words in reg. 2 inserted (31.12.2020) by The Waste (Miscellaneous Amendments) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/188), regs. 1(2)(b), 15(2)(d) (as amended by S.I. 2020/1540, regs. 1(2), 11(2)); 2020 c. 1, Sch. 5 para. 1(1)

F11 Words in reg. 2 substituted (1.1.2017) by The Environmental Permitting (England and Wales) Regulations 2016 (S.I. 2016/1154), reg. 1(1), Sch. 29 para. 31(2)(c) (with regs. 1(3), 77-79, Sch. 4)

F12 Words in reg. 2 inserted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 4 para. 327(3) (with Sch. 7)

F13 Words in reg. 2 substituted (1.1.2017) by The Environmental Permitting (England and Wales) Regulations 2016 (S.I. 2016/1154), reg. 1(1), Sch. 29 para. 31(2)(d) (with regs. 1(3), 77-79, Sch. 4)

(1)

2006 c. 42.

(2)

OJ No L 102, 14.04.2006, p 15.