The Environmental Permitting (England and Wales) Regulations 2016

[F1 Modification of the Mining Waste Directive E+W

9.— (1) For the purposes of these Regulations, the Mining Waste Directive is to be read in accordance with this paragraph.

(2) When interpreting the Mining Waste Directive for the purposes of these Regulations—

(a) except where defined in this paragraph, an expression used in the Directive that is defined in Part 1 of these Regulations has the meaning given in that Part;

(b) “permit” means an environmental permit;

(c) a reference to one or more member States in a provision imposing an obligation or conferring a discretion on a member State or member States is to be read as a reference to the appropriate authority, appropriate agency or local authority which, immediately before IP completion day, was responsible for the United Kingdom's compliance with that obligation or able to exercise that discretion so far as it related to England or Wales;

(d) the competent authority is the regulator.

(3) Article 2 is to be read as if—

(a) in paragraph 2(c), for “Directive 2000/60/EC” there were substituted “ the Water Framework Directive ”;

(b) in paragraph 3, the second and third subparagraphs were omitted;

(c) paragraph 4 were omitted.

(4) Article 3 is to be read as if—

(a) points (1) and (2) were omitted;

(b) in point (4), for the words from “the national law” to the end there were substituted “ national law ”;

(c) in point (17), for “Directive 67/548/EEC or Directive 1999/45/EC ” there were substituted “ Regulation (EC) No 1272/2008 of the European Parliament and of the Council on classification, labelling and packaging of substances and mixtures ”;

(d) in point (18), for “Article 2(11) of Directive 96/61/EC” there were substituted “ Article 3(10) of the Industrial Emissions Directive ”;

(e) in point (19), for “Directive 2000/60/EC” there were substituted “ the Water Framework Directive ”;

(f) point (24) were omitted;

(g) in point (26), for the words from “the national law” to “operates” there were substituted “ national law ”;

(h) point (27) were omitted.

(5) Article 5 is to be read as if—

(a) in paragraph 2(a)(iii) and (b), “at Community level” were omitted;

(b) in paragraph 3(g), for “Directive 2000/60/EC” there were substituted “ the EU-derived domestic legislation which transposed Directive 2000/60/EC of the European Parliament and of the Council in respect of England and Wales ”;

(c) in paragraph 5, “national or Community” were omitted.

(6) Article 6 is to be read as if—

(a) in paragraph 1, for “Directive 96/82/EC” there were substituted “ the Control of Major Accident Hazards Regulations 2015 ”;

(b) in paragraph 2, the words from “Without prejudice” to “92/104/EEC,” were omitted.

(7) Article 7 is to be read as if—

(a) in paragraph 1, in the second subparagraph, “national or Community” were omitted;

(b) in paragraph 2(e), a reference to Directive 85/337/EEC were a reference to the EU-derived domestic legislation which transposed Directive 2011/92/EU in respect of England and Wales;

(c) in paragraph 3(b), for “Article 7 of Directive 75/442/EC” there were substituted “ regulation 7 of the Waste (England and Wales) Regulations 2011 ”;

(d) in paragraph 4, the third indent were omitted;

(e) in paragraph 5, “and Community” were omitted.

(8) Article 8 is to be read as if—

(a) in paragraph 1(b), for the words from “between” to the end there were substituted “ in accordance with paragraph 10(2A)(a) of Schedule 5 to the Environmental Permitting (England and Wales) Regulations 2016 ”;

(b) in paragraph 2(b), for the words from “provisions” to “environmental information” there were substituted “ Environmental Information Regulations 2004 ”.

(9) Article 10(2) is to be read as if for “Directive 1999/31/EC ” there were substituted “ The Landfill Directive ”.

(10) Article 11(2)(a) is to be read as if—

(a) “Community or” were omitted;

(b) for “Directives 76/464/EEC , 80/68/EEC and 2000/60/EC” there were substituted “ the EU-derived domestic legislation which transposed Directive 2000/60/EC of the European Parliament and of the Council in respect of England and Wales ”.

(11) Article 12 is to be read as if—

(a) in paragraph 4, “or Community” were omitted;

(b) in paragraph 5, in the words before point (a)—

(i) for “Community legislation” there were substituted “ retained EU law ”;

(ii) for “Directives 76/464/EEC, 80/68/EEC and 2000/60/EC” there were substituted “ the EU-derived domestic legislation which transposed Directive 2000/60/EC of the European Parliament and of the Council in respect of England and Wales ”.

(12) Article 13 is to be read as if—

(a) in paragraph 1, in the words before point (a)—

(i) “Community” were omitted;

(ii) for “Directive 2000/60/EC” there were substituted “ the EU-derived domestic legislation which transposed Directive 2000/60/EC of the European Parliament and of the Council in respect of England and Wales ”;

(b) in paragraph 3, for “Directives 76/464/EEC, 80/68/EEC or 2000/60/EC” there were substituted “ the EU-derived domestic legislation which transposed Directive 2000/60/EC of the European Parliament and of the Council in respect of England and Wales ”;

(c) in paragraph 4, for “Directives 76/464/EEC, 80/68/EEC and 2000/60/EC” there were substituted “ the EU-derived domestic legislation which transposed Directive 2000/60/EC of the European Parliament and of the Council in respect of England and Wales ”;

(d) in paragraph 5, in the second sentence—

(i) for “Community” there were substituted “ retained EU law ”;

(ii) for “Directive 2000/60/EC” there were substituted “ the EU-derived domestic legislation which transposed Directive 2000/60/EC of the European Parliament and of the Council in respect of England and Wales ”.

(13) Article 20 is to be read as if, in the second sentence, the words from “, taking into account” to the end were omitted.

(14) Article 24(4) is to be read as if, in the second indent, “Community or” were omitted.

(15) Annex 3 is to be read as if—

(a) in the second indent, for “Directive 91/689/EEC” there were substituted “ the Waste Framework Directive ”;

(b) in the third indent, for “Directives 67/548/EEC or 1999/45/EC” there were substituted “ Regulation (EC) No 1272/2008 of the European Parliament and of the Council on classification, labelling and packaging of substances and mixtures ”.

(16) In sub-paragraph (2)(c), “local authority” has the meaning given in paragraph 4(7).]

Textual Amendments

F1 Sch. 1A inserted (31.12.2020) by The Environmental Permitting (England and Wales) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/39), reg. 1, Sch. (as amended by S.I. 2019/559, regs. 1(2), 3(3); S.I. 2019/1078, regs. 1, 3; S.I. 2020/1376, regs. 1(4), 4(2); S.I. 2020/1540, regs. 1(3), 10, 13(2)); 2020 c. 1, Sch. 5 para. 1(1)