The Environmental Permitting (England and Wales) Regulations 2016
PART 1General
1Citation, commencement, extent and application
2Interpretation: general
3Interpretation: Directives
4Exempt facilities and the application of section 33(1)(a) of the 1990 Act
5Interpretation: exempt facilities
6Interpretation: local authority
7Interpretation: operate a regulated facility and operator
8Interpretation: regulated facility and class of regulated facility
9Interpretation: relevant function
10Giving notices, notifications and directions, and the submission of forms
PART 2Environmental permits
CHAPTER 1Application to the Crown and requirement for an environmental permit
11Application to the Crown
12Requirement for an environmental permit
CHAPTER 2Grant of an environmental permit
13Grant of an environmental permit
14Content and form of an environmental permit
15Conditions in relation to certain land
16Mobile plant operating on the site of another regulated facility: conflict of permit conditions
17Single site permits etc.
18Consolidation of an environmental permit
19Subsistence of an environmental permit
CHAPTER 3Variation, transfer, revocation and surrender of an environmental permit
20Variation of an environmental permit
21Transfer of an environmental permit
22Revocation of an environmental permit: general
23Revocation of an environmental permit: steps to be taken after the revocation takes effect
24Notification of the surrender of an environmental permit
25Application for the surrender of an environmental permit
CHAPTER 4Standard rules
26Preparation and revision of standard rules
27Standard rules as conditions of an environmental permit
28Notification of revisions of standard rules
29Revocation of standard rules
30Variation of an environmental permit: revocation of standard rules
CHAPTER 5Appeals in relation to environmental permits
31Appeals to an appropriate authority
PART 3Discharge of functions in relation to a regulated facility
32Discharge of functions
33Direction to a regulator: discharge of functions by a different regulator
34Review of environmental permits and inspection of regulated facilities
35Specific provisions applying to environmental permits
PART 4Enforcement and offences
36Enforcement notices
37Suspension notices
38Offences
39Penalties and enforcement undertakings
40Defences
41Offences by bodies corporate
42Enforcement by the High Court
43Admissibility of evidence
44Power of court to order cause of offence to be remedied
PART 5Public registers
45Interpretation of this Part
46Duty of the regulator to maintain a public register
47Exclusion from public registers of information affecting national security
48Exclusion from public registers of confidential information
49Procedure if the regulator considers that information may be confidential
50Duty to determine confidentiality
51Determination of confidentiality
52Procedure following a determination
53Appeals in relation to confidentiality
54Consequences of an appeal
55Reconsideration of confidentiality
56Directions of the appropriate authority in relation to confidentiality
PART 6Powers and functions of the regulator and the appropriate authority
57Power of the regulator to prevent or remedy pollution
58Power of the regulator to prevent or remedy effects of flood risk activities
59Appropriate agency: notices in relation to emissions to water
60Appropriate agency: public participation statement
61Power to require the provision of information
62Directions to regulators, exemption registration authorities and exemption authorities: general
63Reference of applications to an appropriate authority
64Directions to the appropriate agency: installations outside the United Kingdom
65Guidance to regulators, exemption registration authorities and exemption authorities
66Fees and charges in relation to the exercise of regulator's functions by local authorities
67Plans relating to emissions
68Consultation in relation to works affecting flood and coastal erosion risks
69Functions with respect to flood risk activities
PART 7Miscellaneous provisions
CHAPTER 1Interpretation
70Interpretation of this Part
CHAPTER 2Death of sole operator
71Death of sole operator
CHAPTER 3Repeal, revocations, saving and amendments
72Repeal
73Revocations
74Saving
75Consequential amendments
76Amendment of the Transfrontier Shipment of Waste Regulations 2007
CHAPTER 4Transitional provisions
77Transitional provisions: general
78Public registers
79Site plans not required for existing permits etc.
CHAPTER 5Review
80Review: England
SCHEDULE 1Activities, installations and mobile plant
PART 1Interpretation and application: general
1Interpretation
2Activities falling within more than one Part description
3Application of activities falling within Part 2
4Application of thresholds for Part A(1) or Part A(2) activities
5Operation below thresholds: effect on the installation
6Application of Part B activities: releases into the air
7References to releases into water
8References to certain substances
PART 2Activities
CHAPTER 1Energy activities
SECTION 1.1Combustion activities
Part A(1) (a) Burning any fuel in an appliance with...
Interpretation and application of Part A(1)
1For the purpose of Part A(1) of this Section, where...
2Nothing in this Part of this Section applies to burning...
3In paragraph 2, “offshore platform” means any fixed or floating...
4In paragraph 3, “petroleum” includes any mineral oil or relative...
5Nothing in this Part of this Section applies to burning...
1Part B does not apply to any activity falling within...
2For the purpose of paragraph (a) of Part B of...
SECTION 1.2Gasification, liquefaction and refining activities
Part A(1) (a) Refining gas where this is likely to...
Interpretation and application of Part A(1)
1Part A(1)(f) does not include— (a) the use of any...
2In Part A(1)(f), the heat treatment of oil, other than...
3In Part A(1), “carbonaceous material” includes such materials as charcoal,...
4In paragraph (1)(d), “anaerobic digestion” means the mesophilic and thermophilic...
1In Part B— “existing service station” means a service station—...
2Any other expressions used in Part B which, in relation...
CHAPTER 2Production and processing of metals
SECTION 2.1Ferrous metals
Interpretation of Section 2.1
1In this Section, “ferrous alloy” means an alloy of which...
SECTION 2.2Non-ferrous metals
Interpretation and application of Section 2.2
1Part A(1) and Part B do not apply to hand...
1When determining the extent of an installation carrying on an...
2In Part B, “non-ferrous metal alloy” means an alloy which...
SECTION 2.3Surface treating metals and plastic materials
Part A(1) (a) Unless falling within Part A(2) of this...
Part A(2) (a) Surface treating metals and plastic materials using...
Part B (a) Any process for the surface treatment of...
CHAPTER 3Mineral industries
SECTION 3.1Production of cement and lime
Part A(1) (a) Producing cement clinker in rotary kilns with...
Part A(2) (a) Grinding cement clinker.
Part B (a) Storing, loading or unloading cement or cement...
SECTION 3.2Activities involving asbestos
Interpretation of Section 3.2
1In this Section “asbestos” means any of the following fibrous...
SECTION 3.3Manufacturing glass and glass fibre
Part A(1) (a) Manufacturing glass fibre in plant with a...
Part A(2) (a) Manufacturing glass, unless falling within Part A(1)...
Part B
Unless falling within Part A(1) or Part A(2) of this...
SECTION 3.4Production of other mineral fibres
Part A(1) (a) Melting mineral substances including the production of...
SECTION 3.5Other mineral activities
Part A(2) (a) Manufacturing cellulose fibre reinforced calcium silicate board...
Part B (a) Unless falling within Part A(1) or Part...
Interpretation and application of Part B
1In Part B— “coal” includes lignite; “designated mineral or mineral...
2Part B does not apply to any activity carried on...
SECTION 3.6Ceramic production
Part A(1) (a) Manufacturing ceramic products (including roofing tiles, bricks,...
Part A(2) (a) Unless falling within Part A(1) of this...
Part B (a) Unless falling within Part A(1) or A(2)...
Interpretation of Part B
1In Part B— “clay” includes a blend of clay with...
CHAPTER 4The chemical industry
Interpretation of Chapter 4
1In Part A(1) of the Sections of this Chapter, “producing”...
SECTION 4.1Organic chemicals
Interpretation of Section 4.1
1In this Section, “pre-formulated resin or pre-formulated gel coat” means...
Organic chemicals
Interpretation of Section 4.1
1In this Section, “pre-formulated resin or pre-formulated gel coat” means...
SECTION 4.2Inorganic chemicals
Part A(1) (a) Producing inorganic chemicals such as—
SECTION 4.3Chemical fertiliser production
Part A(1) (a) Producing (including any blending which is related...
SECTION 4.4Plant health products and biocides
Part A(1) (a) Producing plant health products or biocides.
SECTION 4.5Pharmaceutical production
Part A(1) (a) Producing pharmaceutical products.
SECTION 4.6Explosives production
Part A(1) (a) Producing explosives.
SECTION 4.7Manufacturing activities involving carbon disulphide or ammonia
Part A(1) (a) Any activity for the manufacture of a...
SECTION 4.8The storage of chemicals in bulk
Part B (a) The storage in tanks, other than in...
CHAPTER 5Waste management
SECTION 5.1Incineration and co-incineration of waste
Part A(1) (a) The incineration of hazardous waste in a...
Part B (a) The incineration in a small waste incineration...
Application of Part B
1When determining the extent of an installation carrying on an...
SECTION 5.2Disposal of waste by landfill
Part A(1) (a) The disposal of waste in a landfill—...
SECTION 5.3Disposal or recovery of hazardous waste
Part A(1) (a) Disposal or recovery of hazardous waste with...
SECTION 5.4Disposal, recovery or a mix of disposal and recovery of non-hazardous waste
Part A(1) (a) Disposal of non-hazardous waste with a capacity...
Interpretation of Part A(1)
1In Part A(1), “anaerobic digestion” has the same meaning as...
SECTION 5.5The production of fuel from waste
Part A(1) (a) Making solid fuel (other than charcoal) from...
SECTION 5.6Temporary or underground storage of hazardous waste
Part A(1) (a) Temporary storage of hazardous waste with a...
SECTION 5.7Treatment of waste water
Part A(1) (a) Independently operated treatment of waste water not...
CHAPTER 6Other activities
SECTION 6.1Paper, pulp and board manufacturing activities
Part A(1) (a) Producing, in industrial plant, pulp from timber...
Part A(2) (a) Producing, in an industrial plant, one or...
SECTION 6.2Carbon activities
Part A(1) (a) Producing carbon or hard-burnt coal or electro-graphite...
SECTION 6.3Tar and bitumen activities
Part A(1) (a) The following activities— (i) distilling tar or...
Part B (a) Any activity not falling within Part A(1)...
Interpretation of Part B
1In Part B, “tar” and “bitumen” include pitch.
SECTION 6.4Coating activities, printing and textile treatments
Part A(1) (a) Pre-treating (by operations such as washing, bleaching...
Part A(2) (a) Unless falling within Part A(1) of this...
Part B (a) Unless falling within Part A(1) or Part...
Interpretation and application of Part B
1In Part B— “aircraft” includes gliders and missiles; “coating material”...
2The amount of organic solvents used in an activity must...
3When determining the extent of an installation carrying on an...
SECTION 6.5The manufacture of dyestuffs, printing ink and coating materials
Part B (a) Unless falling within Part A(1) or Part...
Interpretation of Part B
1In Part B, “coating material” has the same meaning as...
2The amount of organic solvents used in an activity must...
SECTION 6.6Timber activities
Part A(2) (a) Preservation of wood and wood products with...
Part B (a) Unless falling within Part A(2) of Section...
Interpretation of Part B
1In Part B and in this paragraph— “excluded activity” means...
SECTION 6.7Activities involving rubber
Part A(2) (a) Manufacturing new tyres (but not remoulds or...
Part B (a) Unless falling within Part A(1) or Part...
SECTION 6.8The treatment of animal and vegetable matter and food industries
Interpretation of Section 6.8
1(1) In this Section— “animal” includes a bird or a...
SECTION 6.9Intensive farming
Part A(1) (a) Rearing poultry or pigs intensively in an...
SECTION 6.10Carbon capture and storage
Part A(1) (a) Capture of carbon dioxide streams from an...
SCHEDULE 1AModification of the Directives
1Modification of the Asbestos Directive
2Modification of the Basic Safety Standards Directive
3Modification of the Batteries Directive
4Modification of the End-of-Life Vehicles Directive
5Modification of the Energy Efficiency Directive
6Modification of the Industrial Emissions Directive
7Modification of the Landfill Directive
8Modification of the Medium Combustion Plant Directive
9Modification of the Mining Waste Directive
10Modification of PVR I
11Modification of PVR II
12Modification of the Waste Framework Directive
13Modification of the Water Framework Directive
14Modification of the WEEE Directive
SCHEDULE 2Exempt facilities: general
1Interpretation: general
2Interpretation: exemption registration authority and exemption authority
3General condition
4Exempt waste operations
5Exempt water discharge activities: Wales
6Exempt water discharge activities: England
7Exempt groundwater activities: Wales
8Exempt groundwater activities: England
9Exempt flood risk activities
10Procedure for registering an exempt facility
11Register of exempt facilities
12Duty to remove entries from the register
13Exclusion from the register of information affecting national security
14Restrictions on registering exempt waste operations carried on at the same place
15Validity of registration of waste operations
16Changes to relevant particulars relating to waste operations
17Record keeping for exempt waste operations
18Periodic inspections of establishments and undertakings
SCHEDULE 3Exempt facilities and waste operations to which section 33(1)(a) of the 1990 Act does not apply: descriptions and conditions
PART 1Exempt waste operations: descriptions and conditions
CHAPTER 1Interpretation of Part 1
1Interpretation
CHAPTER 2Use of waste
SECTION 1Introductory
1(1) The descriptions in this Chapter— (a) are set out...
SECTION 2Descriptions and specific conditions
1Use of waste in construction (U1)
2Use of baled end-of-life tyres in construction (U2)
3Use of waste in the construction of entertainment or educational installations etc. (U3)
4Burning of waste as a fuel in a small appliance (U4)
5Use of waste derived biodiesel as fuel (U5)
6Use of sludge for the purposes of re-seeding a waste water treatment plant (U6)
7Use of effluent to clean a highway gravel bed (U7)
8Use of waste for a specified purpose (U8)
9Use of waste to manufacture finished goods (U9)
10Spreading waste on agricultural land to confer benefit (U10)
11Spreading waste on non-agricultural land to confer benefit (U11)
12Use of mulch (U12)
13Spreading of plant matter to confer benefit (U13)
14Incorporation of ash into soil (U14)
15Pig and poultry ash (U15)
16Use of depolluted end-of-life vehicles for vehicle parts (U16)
CHAPTER 3Treatment of waste
SECTION 1Introductory
1(1) The descriptions in this Chapter— (a) are set out...
SECTION 2Descriptions and specific conditions
1Cleaning, washing, spraying or coating relevant waste (T1)
2Recovery of textiles (T2)
3Treatment of waste metals and metal alloys by heating for the purposes of removing grease etc. (T3)
4Preparatory treatments (baling, sorting, shredding etc.) (T4)
5Screening and blending of waste (T5)
6Treatment of waste wood and waste plant matter by chipping, shredding, cutting or pulverising (T6)
7Treatment of waste bricks, tiles and concrete by crushing, grinding or reducing in size (T7)
8Mechanical treatment of end-of-life tyres (T8)
9Recovery of scrap metal (T9)
10Sorting mixed waste (T10)
11Repair or refurbishment of WEEE (T11)
12Manual treatment of waste (T12)
13Treatment of waste food (T13)
14Crushing and emptying waste vehicle oil filters (T14)
15Treatment of waste aerosol cans (T15)
16Treatment of waste toner cartridges and waste ink cartridges by sorting, dismantling, cleaning or refilling (T16)
17Crushing waste fluorescent tubes (T17)
18Dewatering using flocculants (T18)
19Physical and chemical treatment of waste edible oil and fat to produce biodiesel (T19)
20Treatment of waste at a water treatment works (T20)
21Recovery of waste at a waste water treatment works (T21)
22Recovery of central heating oil by filtration
23Aerobic composting and associated prior treatment (T23)
24Anaerobic digestion at premises used for agriculture and burning of resultant biogas (T24)
25Anaerobic digestion at premises not used for agriculture and burning of resultant biogas (T25)
26Treatment of kitchen waste in a wormery (T26)
27Treatment of sheep dip using organophosphate-degrading enzyme (T27)
28Sorting and de-naturing of controlled drugs for disposal (T28)
29Treatment of non-hazardous pesticide washings by carbon filtration for disposal (T29)
30Recovery of silver (T30)
31Recovery of monopropylene glycol from aircraft antifreeze fluids (T31)
32Treatment of waste in a biobed or biofilter (T32)
33Recovery of central heating oil by filtration (T33)
CHAPTER 4Disposal of waste
SECTION 1Introductory
1(1) The descriptions in this Chapter— (a) are set out...
SECTION 2Descriptions and specific conditions
1Deposit of waste from dredging of inland waters (D1)
2Deposit of waste from a railway sanitary convenience (D2)
3Deposit of waste from a portable sanitary convenience (D3)
4Deposit of agricultural waste consisting of plant tissue under a Plant Health notice (D4)
5Depositing samples of waste for the purposes of testing or analysing them (D5)
6Disposal by incineration (D6)
7Burning waste in the open (D7)
8Burning waste at a port under a Plant Health notice (D8)
CHAPTER 5Storage of waste other than at the place of production pending its recovery or re-use
SECTION 1Introductory
1(1) The descriptions in this Chapter are set out in...
SECTION 2Storage of waste
1Storage of waste in secure containers (S1)
2Storage of waste in a secure place (S2)
3Storage of sludge (S3)
PART 2Exempt water discharge activities: descriptions and conditions
1Vegetation management activities
2Small discharges of sewage effluent: Wales
3Small discharges of sewage effluent: England
PART 3Exempt groundwater activities: descriptions and conditions
1Interpretation of Part 3
2Discharge of small quantities of substances for scientific purposes
3Small discharges of sewage effluent: Wales
4Small discharges of sewage effluent: England
5Open-loop ground source heating and cooling systems
6Closed-loop ground source heating and cooling systems: England
7Low-environmental-risk burials at new cemeteries or new extensions of cemeteries: England
PART 4Exempt flood risk activities: descriptions and conditions
1General and interpretation
2Electrical cable services
3Service crossings below the bed of a main river
4Service crossings attached to the outside of existing structures over a main river
5Footbridges
6Temporary scaffolding in England
7Temporary dewatering in England
8Maintenance of raised river or sea defences
9Maintenance of structures within the channel of a main river
10Drinking bays
11Access platforms
12Outfalls
13Repair and protection of banks using natural materials
14Repair of bank slips and erosion
15Channel habitat structures made of natural materials
16Rafts for surveys
17Gravel-cleaning for fish-spawning beds
18Placement of stones or logs in a main river in England for habitat enhancement
19Eel pass devices
20Notches
21Removal of silt, sand and other material in England
22Removal of silt and sand adjacent to in-river structures in England
23Dredging of man-made ditches, land drains, agricultural drains and previously straightened watercourses in England
24Dredging of any main river in England
25Excavation of scrapes and shallow wetland features
26Raised flood defences in England
27Bankside wildlife refuge structures
28Improvement works for tracks and paths
PART 5Other waste operations to which section 33(1)(a) of the 1990 Act does not apply: descriptions and conditions
1General and interpretation
2Temporary storage at the place of production
3Temporary storage of waste at a place controlled by the producer
4Temporary storage at a collection point
SCHEDULE 4Application to the Crown
1Crown application
2Contravention of these Regulations by the Crown
3Entry to Crown premises
4Service on certain Crown operators
5Application of this Schedule to certain radioactive substances activities
SCHEDULE 5Environmental permits
PART 1Grant, variation, transfer and surrender of environmental permits
1Interpretation
2Making an application
3Withdrawing an application
4Further information in respect of a duly-made application
5Public participation: scope
6Public participation in relation to certain applications
7Calculation of the consultation communication period
8Public participation in relation to regulator-initiated variations
9Consultation: conditions mentioned in regulation 15(1)
10Consultation with ... member States
11Duty to consider representations
12Duty to determine an application
13Identity and competence of the operator
14Surrender applications
15Time limits for determination
16Calculation of the relevant period
17Notification of a determination or decision
18Date of effect of certain determinations and decisions
19Form of certain determinations and decisions: consolidation of permits
20Incidents and accidents: deemed condition of a permit
PART 2Compensation in relation to conditions affecting certain interests in land
1Interpretation
2Entitlement to compensation
3Loss and damage for which compensation is payable
4Date when entitlement to compensation arises
5Application for compensation
6Assessment of the amount to be paid by way of compensation
7Payment of compensation
8Interest payable on compensation
SCHEDULE 6Appeals to the appropriate authority
1Interpretation
2Making an appeal
3Time limit for making an appeal
4Notice to affected and interested persons
5Hearing before an appointed person
6Notice of determination of an appeal
7Procedure following the quashing of a determination of an appropriate authority
SCHEDULE 7Part A installations: Industrial Emissions Directive
1Application
2Interpretation
3Exercise of regulator's functions: general
4Applications for the grant of an environmental permit
5Exercise of relevant functions
6Developments in best available techniques
7Review of environmental permits
8Public participation
9Inspections
SCHEDULE 8Part B installations and Part B mobile plant etc.
1Application
2Interpretation
3Exercise of regulator's functions: general
4Applications for the grant of an environmental permit
5Exercise of relevant functions
6Change in operation
7Review of permits
8Developments in best available techniques
SCHEDULE 9Waste operations and materials facilities
PART 1Waste operations
1Application
2Interpretation
3Exercise of relevant functions
PART 2Materials facilities
CHAPTER 1Introductory provisions, conditions and functions
1Assessment and notification
2Interpretation
3Specification of conditions of environmental permits and exercise of relevant functions
CHAPTER 2Measurement and reporting requirements for materials facilities
4Input material
5Output material
6Records
7Reports to the regulator
PART 3Waste operations: management and technical competence conditions
1Written management system conditions
2Technical competence: notification condition
Part 4Waste separately collected for preparing for re-use and recycling not to be incinerated
1(1) Every environmental permit which authorises a small waste incineration...
SCHEDULE 10Landfill
1Application
2Interpretation: general
3Applications for the grant of an environmental permit
4Inspection prior to operation
5Exercise of relevant functions
5AWaste separately collected for preparing for re-use and recycling not to be landfilled
6Interpretation of the Landfill Directive for the exercise of relevant functions
7Interpretation of the Decision Annex for the exercise of relevant functions: general
8Interpretation of the Decision Annex for the exercise of relevant functions: additional acceptance criteria relating to physical stability and bearing capacity of granular waste
9Interpretation of the Decision Annex for the exercise of relevant functions: additional acceptance criteria in relating to monolithic waste
10Closure of a landfill
11Surrender applications
SCHEDULE 11Waste motor vehicles
1Application
2Interpretation
3Exercise of relevant functions
SCHEDULE 12Waste electrical and electronic equipment
1Application
2Interpretation
3Exercise of relevant functions
SCHEDULE 13Waste incineration: Industrial Emissions Directive
1Application
2Interpretation
3Applications for the grant of an environmental permit
4Exercise of relevant functions
SCHEDULE 14Solvent emission activities
1Application
2Interpretation
3Exercise of relevant functions
SCHEDULE 15Large combustion plants: Industrial Emissions Directive
1Application
2Interpretation
3Exercise of relevant functions
4Interruption in supply of fuel
SCHEDULE 16Asbestos
1Application
2Interpretation
3Exercise of relevant functions
SCHEDULE 17Titanium dioxide: Industrial Emissions Directive
1Application
2Interpretation
3Exercise of relevant functions
SCHEDULE 18Petrol vapour recovery
PART 1PVR I
1Application
2Exercise of relevant functions
PART 2PVR II
1Application
2Exercise of relevant functions
SCHEDULE 19Waste batteries and accumulators
1Application
2Exercise of relevant functions
SCHEDULE 20Mining waste operations
1Application
2Interpretation
3Applications for grant or variation of an environmental permit
4Review of environmental permits
5Classification of mining waste facilities
6Inspections
7Exercise of relevant functions
8Public participation
9Derogation from requirements
10Closure of a mining waste facility
11Inventory of closed mining waste facilities
12Developments in best available techniques
13Planning permission conditions
14Applications for grant or variation of an environmental permit for a Category A mining waste facility
SCHEDULE 21Water discharge activities
1Application
2Interpretation
3Meaning of “water discharge activity”
4Highway drains – notice requiring environmental permit
5Discharge of trade effluent or sewage effluent into lake or pond – notice requiring environmental permit
6Liability resulting from discharge of sewage effluent from public sewer
SCHEDULE 22Groundwater activities
1Application
2Interpretation
3Meaning of “groundwater activity”
4Meaning of “hazardous substance”
5Meaning of “non-hazardous pollutant”
6Exercise of relevant functions
7Applications for grant of environmental permit
8Groundwater activities for which a permit may be granted
9Prohibition notice
10Notice requiring environmental permit
11Notice in relation to a highway drain
12Guidance
13Liability resulting from discharge of sewage effluent from public sewer
SCHEDULE 23Radioactive substances activities
PART 1Application
1Application
PART 2Interpretation
1Interpretation
2Interpretation: NORM industrial activity
3Interpretation: “radioactive material”, “radioactive waste” and “waste”
4NORM industrial activities
5Processed radionuclides of natural terrestrial or cosmic origin
6Radionuclides not of natural terrestrial or cosmic origin
6ADilution to reduce concentration of radioactivity
7Radionuclides with a short half-life
8Radionuclides not of natural terrestrial or cosmic origin in background radioactivity
9Contaminated substances or articles
9AHistoric radium contamination
10Substances or articles after disposal
11Interpretation: radioactive substances activity
12Discharge of functions: mobile radioactive apparatus
13Nuclear sites
14Vehicles, vessels and aircraft
PART 3Tables of radionuclides and summation rules
1Table 1
2Table 2
3References in Table 1 and Table 2 to + and sec
4Table 3
PART 4The Basic Safety Standards Directive
SECTION 1Exposures and doses
1Optimisation and dose limits
2Specific dose limits and calculation
SECTION 2Interventions
3Radioactive waste: power of the Secretary of State to provide facilities for disposal or accumulation
4Radioactive waste: power of disposal by the regulator
SECTION 3Miscellaneous duties of the regulator
5Inspection programmes
6Inspection findings
7Radioactive waste: requirements to be imposed on permit holders
8Dilution of radioactive material and radioactive waste
9Monitoring of discharges
PART 5The control of high-activity and other sources
SECTION 1Security of sources
1Interpretation
2Site security: inspection
3Site security: security measures and advice
SECTION 2Advice and assistance in relation to orphan sources
4Advice and assistance in respect of orphan sources
SECTION 3Exercise of relevant functions and matters in relation to ... sources
5General
6Records and inspections
7Training and information
8Orphan sources
PART 6Radioactive substances activity exemptions
SECTION 1General
1Interpretation
2Interpretation: NORM
SECTION 2Exemption for keeping and using radioactive material and accumulating radioactive waste
3Exemption for keeping and using radioactive material
4Exemption for accumulating radioactive waste
5Radioactive substances exempted under paragraphs 3 and 4
6Conditions in respect of the total quantity or concentration of radioactive substances on any premises
7Exemption for accumulating NORM waste
SECTION 3Exemption for keeping or using mobile radioactive apparatus
8Exemption for keeping or using mobile radioactive apparatus
SECTION 4Relevant standard conditions
9Interpretation of this Section
10Relevant standard conditions
11General conditions
12Loss or theft conditions
13Loss or theft conditions: mobile radioactive apparatus
14Condition to dispose of accumulated waste
SECTION 5Exemption for disposing of solid radioactive waste
15Exemption for receiving and disposing of solid radioactive waste
16Solid radioactive waste
17Conditions in respect of solid radioactive waste
SECTION 6Exemption for disposing of NORM waste
18Exemption for receiving and disposing of NORM waste
18AExemption for disposing of gaseous NORM waste from oil and gas production
19Conditions in respect of NORM waste
SECTION 7Exemption for disposing of aqueous radioactive waste
20Exemption for disposing of aqueous radioactive waste in Table 6
21Exemption for disposing of other aqueous radioactive waste
22Conditions in respect of aqueous radioactive waste in paragraph 21
SECTION 8Exemption for disposal of gaseous radioactive waste
23Exemption for disposal of gaseous radioactive waste
24Conditions in respect of gaseous radioactive waste
SECTION 9Tables and summation rules in this Part
25Table 4
25ATable 4A
26Table 5
27Table 6
28Table 7
29Interpretation of this Section
30Table 8
PART 7Radioactivity to be disregarded
1Application
2Provisions of enactments
SCHEDULE 24Efficiency in heating and cooling energy: Energy Efficiency Directive
1Interpretation
2Electricity generating installations
3Installations generating waste heat
4Heating and cooling networks
5Thresholds
6Determination of applications
7Aggregation of rated thermal input – existing installations
8Existing applications for the grant or variation of an environmental permit
SCHEDULE 25Flood risk activities and excluded flood risk activities
PART 1Flood risk activities
1Application
2Interpretation
3Meaning of “flood risk activity”
4Excluded flood risk activities
5Exercise of relevant functions
6Conditions for operation and maintenance of structures and works
7Emergency works notice
8Remediation notice
9Regulator's power to take steps to remove and remedy etc.
10Protected undertakings, railways and bridges
PART 2Excluded flood risk activities
SECTION 1Introductory
1(1) The descriptions in this Part are set out in...
SECTION 2Descriptions and conditions
2Emergency activity
3A licensable marine activity in England
4A licensable marine activity in Wales
5Ladders, scaffold towers and other similar apparatus
6Service crossings within an existing structure
7Flood protection devices attached to buildings
8Minor works on or affecting bridges and culverts
9Fencing
10Fish traps
11Notice boards
12Purpose-built sediment traps
13Site investigation boreholes and trial pits
SCHEDULE 25AMedium Combustion Plants: Medium Combustion Plant Directive
PART 1General
1Application
2Interpretation
3Applications for the grant of an environmental permit
4Exercise of relevant function
PART 2Emission Limit Values
5Interpretation of this Part
6Emission limit values
7Limited operating hours – existing medium combustion plants
8Limited operating hours - new medium combustion plants
9Small and micro isolated systems – existing medium combustion plants
10Plant at gas compressor stations – existing medium combustion plants
11Temporary derogations – existing and new medium combustion plants
SCHEDULE 25BSpecified generators
1Application
2Interpretation – specified generators
3Interpretation – relevant dates and permitting dates
4Interpretation - general
5Environmental permit conditions: general
6Exceptions to environmental permit conditions
SCHEDULE 26Enforcement undertakings
1Enforcement undertakings
2Contents of an enforcement undertaking
3Acceptance of an enforcement undertaking
4General provisions on enforcement undertakings
5Discharge of an enforcement undertaking
6Inaccurate, incomplete or misleading information
7Non-compliance with an enforcement undertaking
8Appeals
9Guidance as to use of enforcement undertakings
10Publication of enforcement undertakings
SCHEDULE 26AVariable monetary penalties (England)
PART 1Variable monetary penalties: procedure
1Power to impose a variable monetary penalty
2Notice of intent to impose a variable monetary penalty
3Making representations and objections
4Offering a third party undertaking
5Procedure for imposition of a variable monetary penalty
6Final notice
7Variable monetary penalties: criminal proceedings and conviction
8Variable monetary penalties: enforcement cost recovery notice
PART 2Non-compliance penalties and recovery of penalties and costs
9Non-compliance penalty
10Power to recover a variable monetary penalty or non-compliance penalty
PART 3Appeals
11Variable monetary penalties: appeals
12Non-compliance penalty and enforcement cost recovery notice: appeals
13Powers of the First-tier Tribunal on appeal
PART 4Guidance
14Guidance as to the use of civil sanctions and cost recovery
PART 5Publication of reports
16Publication of enforcement action
SCHEDULE 27Public registers
1Matters to be included in a public register
2Information no longer relevant for public participation
3Formal cautions
4Spent convictions of individuals
SCHEDULE 28Revocations
SCHEDULE 29Consequential amendments
PART 1Public General Acts
1Continental Shelf Act 1964
2Nuclear Installations Act 1965
3Control of Pollution Act 1974
4Salmon and Freshwater Fisheries Act 1975
5Highways Act 1980
6Environmental Protection Act 1990
7Atomic Weapons Establishment Act 1991
8Water Industry Act 1991
9Water Resources Act 1991
10Water Consolidation (Consequential Provisions) Act 1991
11Clean Air Act 1993
12Goods Vehicles (Licensing of Operators) Act 1995
13Environment Act 1995
14Petroleum Act 1998
15Finance Act 2000
16Energy Act 2004
17Planning Act 2008
18Energy Act 2008
19Scrap Metal Dealers Act 2013
20Defence Reform Act 2014
PART 2Subordinate legislation
1Deposits in the Sea (Exemptions) Order 1985
2Town and Country Planning (Use Classes) Order 1987
3Civil Jurisdiction (Offshore Activities) Order 1987
4Urban Waste Water Treatment (England and Wales) Regulations 1994
5Landfill Tax Regulations 1996
6Water Protection Zone (River Dee Catchment) Designation Order 1999
7Ionising Radiations Regulations 1999
8Weighing Equipment (Automatic Gravimetric Filling Instruments) Regulations 2000
9Non-automatic Weighing Instruments Regulations 2000
10Control of Pollution (Oil Storage) (England) Regulations 2001
11Weighing Equipment (Automatic Rail-weighbridges) Regulations 2003
12End-of-Life Vehicles Regulations 2003
13Weighing Equipment (Automatic Catchweighing Instruments) Regulations 2003
14Water Environment (Water Framework Directive) (England and Wales) Regulations 2003
15Water Environment (Water Framework Directive) (Solway Tweed River Basin District) Regulations 2004
16Hazardous Waste (England and Wales) Regulations 2005
17Hazardous Waste (Wales) Regulations 2005
18Measuring Instruments (Automatic Rail-weighbridges) Regulations 2006
19Measuring Instruments (Automatic Catchweighers) Regulations 2006
20Measuring Instruments (Automatic Gravimetric Filling Instruments) Regulations 2006
21Radioactive Contaminated Land (Modification of Enactments) (England) Regulations 2006
22Contaminated Land (England) Regulations 2006
23Radioactive Contaminated Land (Modification of Enactments) (Wales) Regulations 2006
24Contaminated Land (Wales) Regulations 2006
25Producer Responsibility Obligations (Packaging Waste) Regulations 2007
26Persistent Organic Pollutants Regulations 2007
27Cremation (England and Wales) Regulations 2008
28Co-ordination of Regulatory Enforcement (Enforcement Action) Order 2009
29Waste Batteries and Accumulators Regulations 2009
30Environmental Damage (Prevention and Remediation) (Wales) Regulations 2009
31Major Accident Off-Site Emergency Plan (Management of Waste from Extractive Industries) (England and Wales) Regulations 2009
32Corporation Tax (Land Remediation Relief) Order 2009
33Mercury Export and Data (Enforcement) Regulations 2010
34Conservation of Habitats and Species Regulations 2010
35River Mersey (Mersey Gateway Bridge) Order 2011
36Waste (England and Wales) Regulations 2011
37Network Rail (Hitchin (Cambridge Junction)) Order 2011
38Town and Country Planning (Environmental Impact Assessment) Regulations 2011
39Renewable Heat Incentive Scheme Regulations 2011
40Volatile Organic Compounds in Paints, Varnishes and Vehicle Refinishing Products Regulations 2012
41Ipswich Barrier Order 2012
42Network Rail (Ipswich Chord) Order 2012
43Network Rail (North Doncaster Chord) Order 2012
44Chiltern Railways (Bicester to Oxford Improvements) Order 2012
45Climate Change Agreements (Eligible Facilities) Regulations 2012
46Greenhouse Gas Emissions Trading Scheme Regulations 2012
47Crossrail (Kensal Green) Order 2013
48Brechfa Forest West Wind Farm Order 2013
49Hinkley Point C (Nuclear Generating Station) Order 2013
50Lancashire County Council (Torrisholme to the M6 Link (A683 Completion of Heysham to M6 Link Road)) Order 2013
51Leeds Railway Station (Southern Entrance) Order 2013
52Croxley Rail Link Order 2013
53Scrap Metal Dealers Act 2013 (Prescribed Relevant Offences and Relevant Enforcement Action) Regulations 2013
54Transport for Greater Manchester (Light Rapid Transit System) (Second City Crossing) Order 2013
55M1 Junction 10a (Grade Separation) Order 2013
56Network Rail (Redditch Branch Enhancement) Order 2013
57Waste Electrical and Electronic Equipment Regulations 2013
58National Grid (King's Lynn B Power Station Connection) Order 2013
59Ashton Vale to Temple Meads and Bristol City Centre Rapid Transit Order 2013
60Network Rail (Norton Bridge Area Improvements) Order 2014
61National Grid (North London Reinforcement Project) Order 2014
62East Anglia ONE Offshore Wind Farm Order 2014
63Daventry International Rail Freight Interchange Alteration Order 2014
64Rampion Offshore Wind Farm Order 2014
65Network Rail (Huyton) Order 2014
66A556 (Knutsford to Bowdon Improvement) Development Consent Order 2014
67Thames Water Utilities Limited (Thames Tideway Tunnel) Order 2014
68North Killingholme (Generating Station) Order 2014
69Clocaenog Forest Wind Farm Order 2014
70Central Bedfordshire Council (Woodside Link Houghton Regis) Development Consent Order 2014
71South Hook Combined Heat and Power Plant Order 2014
72Able Marine Energy Park Development Consent Order 2014
73Walney Extension Offshore Wind Farm Order 2014
74London Underground (Northern Line Extension) Order 2014
75Common Agricultural Policy (Integrated Administration and Control System and Enforcement and Cross Compliance) (Wales) Regulations 2014
76Common Agricultural Policy (Control and Enforcement, Cross-Compliance, Scrutiny of Transactions and Appeals) Regulations 2014
77Willington C Gas Pipeline Order 2014
78Hornsea One Offshore Wind Farm Order 2014
79Northumberland County Council (A1 – South East Northumberland Link Road (Morpeth Northern Bypass)) Development Consent Order 2015
80A160/A180 (Port of Immingham Improvement) Development Consent Order 2015
81Cornwall Council (A30 Temple to Higher Carblake Improvement) Order 2015
82Dogger Bank Creyke Beck Offshore Wind Farm Order 2015
83Ship Recycling Facilities Regulations 2015
84Infrastructure Planning (Interested Parties and Miscellaneous Prescribed Provisions) Regulations 2015
85Control of Major Accidents Hazards Regulations 2015
86Town and Country Planning (General Permitted Development) (England) Order 2015
87Nitrate Pollution Prevention Regulations 2015
88Knottingley Power Plant Order 2015
89Network Rail (Ordsall Chord) Order 2015
90Environmental Damage (Prevention and Remediation) (England) Regulations 2015
91White Moss Landfill Order 2015
92Norfolk County Council (Norwich Northern Distributor Road (A1067 to A47(T))) Order 2015
93Hazardous Waste (Miscellaneous Amendments) Regulations 2015
94Swansea Bay Tidal Generating Station Order 2015
95Preesall Underground Gas Storage Facility Order 2015
96Progress Power (Gas Fired Power Station) Order 2015
97Hirwaun Generating Station Order 2015
98Dogger Bank Teesside A and B Offshore Wind Farm Order 2015
99Ferrybridge Multifuel 2 Power Station Order 2015
100Network Rail (Tinsley Chord) Order 2015
101Large Combustion Plants (Transitional National Plan) Regulations 2015
102Port Talbot Steelworks Generating Station Order 2015
103London Underground (Bank Station Capacity Upgrade) Order 2015
104East Midlands Gateway Rail Freight Interchange and Highway Order 2016
105National Grid (Hinkley Point C Connection Project) Order 2016
106Town and Country Planning (Environmental Impact Assessment) (Wales) Regulations 2016
107A19/A1058 Coast Road (Junction Improvement) Development Consent Order 2016
108Palm Paper Mill Generating Station Order 2016
109Thorpe Marsh Gas Pipeline Order 2016
110Water Resources (Control of Pollution) (Oil Storage) (Wales) Regulations 2016
111Onshore Hydraulic Fracturing (Protected Areas) Regulations 2016
112The Midland Metro (Birmingham City Centre Extension, etc.) (Land Acquisition and Variation) Order 2016
113The A14 Cambridge to Huntingdon Improvement Scheme Development Consent Order 2016
114The Midland Metro (Wolverhampton City Centre Extension) Order 2016
115The York Potash Harbour Facilities Order 2016
116The Meaford Gas Fired Generating Station Order 2016
117The North Wales Wind Farms Connection Order 2016
118The Hornsea Two Offshore Wind Farm Order 2016
119The River Humber Gas Pipeline Replacement Order 2016
120The M4 Motorway (Junctions 3 to 12) (Smart Motorway) Development Consent Order 2016
121The Triton Knoll Electrical System Order 2016

2016 No. 1154

Environmental Protection, England And Wales

The Environmental Permitting (England and Wales) Regulations 2016

Made

Coming into force in accordance with regulation 1(1)

C1C2The Secretary of State and the Welsh Ministers make these Regulations in exercise of the powers conferred by—

a

b

c

F1The Secretary of State also makes these Regulations in exercise of the powers conferred by section 62 of the Regulatory Enforcement and Sanctions Act 2008 (“the 2008 Act”) .

F2F3These Regulations make provision for a purpose mentioned in section 2(2) of the European Communities Act 1972 and it appears to the Secretary of State and the Welsh Ministers that it is expedient for the reference to Commission Decision 2000/532/EC mentioned in paragraph 1(1) of Chapter 1 of Part 1 of Schedule 3 to these Regulations to be construed as a reference to that instrument as amended from time to time.

In accordance with section 2(4) of the 1999 Act and section 61(5) of the 2014 Act, the Secretary of State and the Welsh Ministers have consulted—

a

b

c

d

In accordance with section 61(3) of the 2014 Act, the Secretary of State and the Welsh Ministers have had regard to the desirability of reducing burdens by ensuring that so far as is reasonably practicable any system established by regulations under that section is combined with, or is consistent with, systems for regulating activities or other matters that cause pollution.

In accordance with section 66 of the 2008 Act, the Secretary of State is satisfied that the Environment Agency will act in accordance with the principles referred to in section 5(2) of that Act in exercising the powers in Schedule 26 to these Regulations to impose a civil sanction in relation to an offence.C3

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 the 1999 Act F4 and sections 62(7) and (8) and 90(3) of the 2014 Act.C3

Annotations:
Amendments (Textual)
F2

Section 2(2) was amended by section 27(1)(a) of the Legislative and Regulatory Reform Act 2006 and by Part 1 of the Schedule to the European Union (Amendment) Act 2008.

F3

OJ No L 226, 6.9.2000, p 3, as last amended by Commission Decision 2014/955/EU (OJ No L 370, 30.12.2014, p 44).

F4

The reference in section 2(8) to approval by each House of Parliament has effect in relation to exercise of functions by the Welsh Ministers as if it were a reference to approval by the National Assembly for Wales by virtue of paragraph 33 of Schedule 11 to the Government of Wales Act 2006.

Modifications etc. (not altering text)