The Environmental Permitting (England and Wales) Regulations 2016

[F1 Interpretation E+W

2.— (1) In this Schedule—

“existing medium combustion plant” means a medium combustion plant—

(a)

put into operation before 20th December 2018, or

(b)

for which an environmental permit was granted before 19th December 2017, provided that the plant is put into operation no later than 20th December 2018;

“the MCPD” means the Medium Combustion Plant Directive;

“medium combustion plant” means a combustion plant with a rated thermal input equal to or greater than 1 megawatt but less than 50 megawatts, and any combination of combustion plants referred to in article 2(2) or article 4 of the MCPD, provided that—

(a)

it does not fall within Article 2(3) or (4) of the MCPD,

(b)

it is not installed on an offshore platform situated on, above or below those parts of the sea adjacent to England and Wales from the low water mark to the seaward baseline of the United Kingdom territorial sea,

(c)

it is not installed on a gas storage or unloading platform as defined in regulation 2 of the Offshore Combustion Installations (Pollution Prevention and Control) Regulations 2013;

“new medium combustion plant” means a medium combustion plant which is not an existing medium combustion plant.

(2) In sub-paragraph (1), “offshore platform” means any fixed or floating structure which—

(a) is used for the purposes of or in connection with the production of petroleum, and

(b) in the case of a floating structure, is maintained on a station during the course of production,

but does not include any structure where the principal purpose of the use of the structure is the establishment of the existence of petroleum or the appraisal of its characteristics, quality or quantity or the extent of any reservoir in which it occurs.

(3) In sub-paragraph (2), “petroleum” includes any mineral oil or relative hydrocarbon and natural gas existing in its natural condition in strata but does not include coal or bituminous shales or other stratified deposits from which oil can be extracted by destructive distillation.

(4) When interpreting the MCPD for the purposes of this Schedule—

(a) an expression that is defined in Part 1 of these Regulations has the meaning given in that Part;

(b) “permit” means environmental permit;

(c) the competent authority is the regulator;

(d) “general binding rule” means a standard rule published under regulation 26.]

Textual Amendments

F1 Schs. 25A, 25B inserted (30.1.2018) by The Environmental Permitting (England and Wales) (Amendment) Regulations 2018 (S.I. 2018/110), regs. 1, 16