Regulation 35(1)
1. This Schedule applies in relation to every mining waste operation.
2.—(1) In this Schedule—
“fire and rescue authority” means the fire and rescue authority under the Fire and Rescue Services Act 2004 M1 for the area in which the mining waste facility is located;
“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;
“mining waste operation” means the management of extractive waste, whether or not involving a mining waste facility, but does not include the activities in Article 2(2)(c) of the Mining Waste Directive;
“waste management plan” means a plan of the type described in Article 5(1) of the Mining Waste Directive which has the objectives in Article 5(2) and contains the elements and information set out in Article 5(3) of that Directive.
F1(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1Sch. 20 para. 2(2) omitted (31.12.2020) by virtue of The Environmental Permitting (England and Wales) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/39), regs. 1, 2(23); 2020 c. 1, Sch. 5 para. 1(1)
Marginal Citations
M12004. c. 21; section 1 was amended by paragraph 10(1) and (2) of Part 1 of Schedule 2 to the Civil Contingencies Act 2004 (c. 36).
3.—(1) The regulator must require that every application for the grant or variation of an environmental permit in relation to a mining waste operation involving a mining waste facility to which Article 7 of the Mining Waste Directive applies includes—
(a)the information specified in Article 7(2) of that Directive, and
(b)where Article 6 of the Directive applies, the information mentioned in the second sentence of the third paragraph of Article 6(3).
(2) Where the regulator receives an application for the grant or variation of an environmental permit and that application includes the information required under sub-paragraph (1)(b), the regulator must immediately forward the information to the fire and rescue authority.
(3) The regulator must require that every application for the grant or variation of an environmental permit in relation to any other mining waste operation includes a waste management plan.
(4) For the purposes of this paragraph, the regulator may accept a waste management plan produced pursuant to other legislation which complies with Article 5(1) to (4) of the Mining Waste Directive if it has been reviewed and amended in accordance with Article 5(4) of that Directive.
4. The regulator must periodically review an environmental permit relating to a mining waste facility if Article 7 of the Mining Waste Directive applies in respect of that facility and any of the circumstances in Article 7(4) of the Directive apply in relation to it.
5. The regulator must exercise its functions so as to ensure compliance with Article 9 of the Mining Waste Directive in respect of any mining waste facility to which Article 7 of that Directive does not apply.
6. The regulator must inspect every mining waste facility to which Article 7 of the Mining Waste Directive applies so as to comply with the requirements of Article 17(1) of that Directive [F2and Commission Implementing Decision (EU) 2020/248 laying down technical guidelines for inspections in accordance with Article 17 of Directive 2006/21/EC].
Textual Amendments
F2Words in Sch. 20 para. 6 inserted (1.10.2020) by The Waste (Circular Economy) (Amendment) Regulations 2020 (S.I. 2020/904), regs. 1(1), 21(7)
7. The regulator must exercise its relevant functions so as to ensure compliance with the following requirements of the Mining Waste Directive—
(a)Article 2(4);
(b)Article 4;
(c)Article 5(4) and (6);
(d)Article 6(2), the first and second paragraphs of Article 6(3), the first paragraph of Article 6(4) to the extent that it relates to plans prepared under the first paragraph of Article 6(3) and the second paragraph of Article 6(4) to the extent that it relates to the regulator's functions;
(e)Article 7(1) and (3)(a);
(f)Article 10;
(g)Article 11;
(h)Article 12;
(i)Article 13;
(j)Article 14(1) to (3);
(k)Article 17(2);
(l)Article 24(1).
8. The regulator must exercise its functions under the public participation provisions in relation to mining waste facilities to which Article 7 of the Mining Waste Directive applies so as to meet the requirements of Article 8 of that Directive.
9.—(1) The regulator must exercise its functions to ensure that the requirements mentioned in the first paragraph of Article 2(3) of the Mining Waste Directive do not apply to the substances mentioned in that paragraph where they result from an operation mentioned in that paragraph, to the extent allowed by that paragraph.
(2) The regulator must waive the requirements of the Mining Waste Directive in relation to the deposit of the substances mentioned in the second paragraph of Article 2(3) of that Directive if the regulator is satisfied that the requirements of Article 4 of that Directive are met.
(3) The regulator must waive the requirements mentioned in the third paragraph of Article 2(3) of the Mining Waste Directive in relation to the waste mentioned in that paragraph to the extent allowed by that paragraph.
10.—(1) The regulator must set out any reasoned decision under Article 12(2)(c) of the Mining Waste Directive in a closure notice served on the operator.
(2) A closure notice must, in addition to stating the regulator's reasons for requiring initiation of the closure procedure, specify—
(a)the steps the operator is required to take to initiate the procedure, and
(b)the period within which they must be taken.
(3) The regulator may withdraw a closure notice at any time by further notice served on the operator.
(4) Closure of a mining waste facility does not relieve the operator of liability under the environmental permit conditions that relate to the facility.
(5) The regulator must exercise its functions so as to ensure compliance with Article 14(4) of the Mining Waste Directive.
11. The regulator must maintain and make available to the public an inventory of closed mining waste facilities so as to ensure compliance with Article 20 of the Mining Waste Directive.
12.—(1) The regulator must ensure that it is informed of developments in best available techniques.
(2) In this paragraph, “best available techniques” has the meaning given in Article 3(10) of the Industrial Emissions Directive.
13.—(1) Where—
(a)a mining waste operation is the subject of an environmental permit,
(b)that operation has been granted planning permission subject to conditions (“planning conditions”), and
(c)there is an inconsistency between the environmental permit conditions and the planning conditions,
the environmental permit conditions prevail.
(2) In this paragraph, “planning permission” means planning permission under the Town and Country Planning Act 1990 M2 and includes—
(a)a certificate under section 191 of that Act M3, and
(b)an established use certificate under section 192 of that Act M4, as originally enacted, which continues to have effect for the purposes of subsection (4) of that section.
Marginal Citations
M3Section 191 was substituted by section 10(1) of the Planning and Compensation Act 1991 (c. 34) and amended by section 124(3) of the Localism Act 2011 (c. 20) and paragraph 6(1) and (3) of Schedule 4 to the Mobile Homes (Wales) Act 2013 (anaw. 6).
M4Section 192 was substituted by section 10(1) of the Planning and Compensation Act 1991.
14.—(1) The regulator must not grant an application for the grant or variation of an environmental permit relating to a Category A mining waste facility until it has been notified by the fire and rescue authority that it has the information necessary to enable it to draw up an external emergency plan.
(2) The regulator must refuse an application relating to a Category A mining waste facility that is an existing mining waste facility upon receipt of a notice by the fire and rescue authority stating that the operator has not provided the information necessary to enable the fire and rescue authority to draw up an external emergency plan.
(3) In this paragraph, “external emergency plan” means a plan as required under the third paragraph of Article 6(3) of the Mining Waste Directive that has the objectives specified in the first paragraph of Article 6(4) of that Directive.