The Environmental Permitting (England and Wales) Regulations 2016

Application

1.—(1) For the purposes of the matters referred to in sub-paragraph (2), no account is to be taken of any radioactivity possessed by a substance or article or by a part of any premises.

(2) The matters are—

(a) the operation of a provision to which this Part applies,

(b) the exercise of a power conferred by, or for the enforcement of, a provision to which this Part applies, and

(c) the performance of a duty imposed by, or for the enforcement of, a provision to which this Part applies.

(3) This Part applies to a provision—

(a) specified in paragraph 2,

(b) contained in an instrument made under a provision so specified,

(c) which has effect by virtue of a provision so specified, or

(d) which extends or applies a provision so specified.

(4) This Part also applies to a provision of a local enactment (whenever passed or made and however expressed) insofar as it—

(a) prohibits or restricts—

(i) the disposal or accumulation of waste,

(ii) the disposal or accumulation of a substance which is or causes a nuisance, or

(iii) a disposal or accumulation which causes pollution, or

(b) confers a power, or imposes a duty, on a public authority or an officer of a public authority to take action to prevent, restrict or abate a disposal or accumulation of a description given in paragraph (a).

(5) In sub-paragraph (4)—

(a) a reference to “disposal” in relation to a provision to which this Part applies, means—

(i) the discharge or deposit of a substance, or

(ii) the allowing of a substance to escape or to enter a stream or other place,

as may be mentioned in that provision, and

(b) “local enactment” means—

(i) a local or private Act,

(ii) an order confirmed by Parliament or brought into operation in accordance with special parliamentary procedure, or

(iii) an order confirmed by the National Assembly for Wales or brought into operation in accordance with special procedure in the Assembly.