- Latest available (Revised)
- Point in Time (07/04/2019)
- Original (As made)
Point in time view as at 07/04/2019.
The Environmental Permitting (England and Wales) Regulations 2016, Paragraph 2 is up to date with all changes known to be in force on or before 07 June 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
2.—(1) An environmental permit is subject to the condition in sub-paragraph (6) if it meets one or both of the following criteria.
(2) The first criterion is that the permit authorises a waste operation which is not carried on at an installation or by means of a Part B mobile plant.
(3) The second criterion is that the permit authorises a specified waste management activity.
(4) Each of the following activities is a specified waste management activity—
(a)the disposal of waste in a landfill falling within Section 5.2 of Part 2 of Schedule 1;
(b)the disposal of hazardous waste falling within Section 5.3 of Part 2 of Schedule 1;
(c)the recovery of hazardous waste falling within Part A(1)(a)(i), (ii), (iii), (iv), (v), (viii) or (x) of Section 5.3 of Part 2 of Schedule 1;
(d)the disposal of non-hazardous waste falling within Part A(1)(a) of Section 5.4 of Part 2 of Schedule 1;
(e)the recovery or a mix of recovery and disposal of non-hazardous waste falling within of Part A(1)(b) of Section 5.4 of Part 2 of Schedule 1;
(f)the temporary or underground storage of hazardous waste falling within Section 5.6 of Part 2 of Schedule 1.
(5) But an activity falling within sub-paragraph (4)(b) to (f) is not a specified waste management activity if that activity—
(a)is carried on at the same installation as a Part A(1) activity not mentioned in sub-paragraph (4); and
(b)is not the activity which constitutes the primary purpose for operating the installation.
(6) The condition is that the operator must periodically give to the regulator—
(a)information demonstrating the operator’s compliance with one of the following standards during the relevant period; or
(b)if the operator did not comply with one of the following standards during the relevant period, information to that effect.
(7) The first standard is the CIWM/WAMITAB Operator Competence Scheme, Version 9, September 2018, published by WAMITAB.
(8) The second standard is the Competence Management System: Requirements, Version 4, April 2015, published by Energy and Utility Skills.
(9) In sub-paragraph (6)—
(a)the reference to giving information periodically is a reference to giving information in each quarterly or annual return (as the case may be) for giving information about waste acceptance or removal in accordance with the environmental permit in question;
(b)“relevant period” means—
(i)in relation to the first period, the period beginning with 7th April 2019 and ending with the end of the period to which the first return relates;
(ii)in relation to each subsequent period, the quarter or year (as the case may be) to which the return relates.
(10) The regulator may amend the form for giving information about waste acceptance or removal in accordance with an environmental permit so as to enable information to be given in accordance with this paragraph.]
Textual Amendments
The Whole Instrument you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Instrument you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Instrument you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: