PART 2Environmental permits

CHAPTER 1Application to the Crown and requirement for an environmental permit

Requirement for an environmental permitC2C4C6C9C10C11C12C15C16C17C19C22C23C25C26C2712

C141

A person must not, except under and to the extent authorised by an environmental permit—

C1C3C5C7C8C13C18C20C21C24a

operate a regulated facility, or

b

cause or knowingly permit a water discharge activity or groundwater activity.

F11A

Paragraph (1)(a) does not apply in relation to the operation of a medium combustion plant, mobile medium combustion plant or a specified generator comprising—

a

a new medium combustion plant, before 20th December 2018;

b

an existing medium combustion plant with a rated thermal input greater than 5 megawatts, before 1st January 2024;

c

an existing medium combustion plant with a rated thermal input of less than or equal to 5 megawatts, before 1st January 2029;

d

a specified generator, before the permitting date,

unless that medium combustion plant, mobile medium combustion plant or specified generator, is required to have a permit by virtue of forming part of another class of regulated facility.

1B

For the purposes of paragraph (1A)—

a

“existing medium combustion plant” and “new medium combustion plant” have the meanings given in paragraph 2(1) of Schedule 25A;

b

“permitting date” has the meaning given in paragraph 3(2) of Schedule 25B.

2

Paragraph (1)(b) does not apply if the water discharge activity or groundwater activity is an exempt facility.

3

In respect of a radioactive substances activity, paragraph (1) does not apply to a person to whom a radioactive substances exemption applies for that activity.

4

Paragraph (5) applies to a person (“A”) who—

a

receives radioactive waste from another person (“B”) for the purposes of A disposing of that waste, and

b

subsequently disposes of that waste.

5

Where this paragraph applies, A does not require an environmental permit—

a

for the receipt of waste from B, where B holds an environmental permit which allows B to dispose of the waste to A, or

b

for the subsequent disposal of that waste by A, where the waste is disposed of in accordance with the permit held by B.