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Statutory Instruments

2007 No. 3538

ENVIRONMENTAL PROTECTION, ENGLAND AND WALES

The Environmental Permitting (England and Wales) Regulations 2007

Made

13th December 2007

Coming into force

6th April 2008

CONTENTS

Go to Preamble

  1. PART 1

    General

    1. 1. Citation, commencement and extent

    2. 2. Interpretation: general

    3. 3. Interpretation: activities, installations and mobile plant

    4. 4. Interpretation: excluded waste operation

    5. 5. Interpretation: exempt waste operation

    6. 6. Interpretation: local authority

    7. 7. Interpretation: operator

    8. 8. Interpretation: regulated facility

    9. 9. Interpretation: relevant function

    10. 10. Giving notices, notifications and directions, and the submission of forms

  2. PART 2

    Environmental Permits

    1. CHAPTER 1

      Application of these Regulations to the Crown and requirement for an environmental permit

      1. 11. Application of these Regulations to the Crown

      2. 12. Requirement for an environmental permit

    2. CHAPTER 2

      Grant of an environmental permit

      1. 13. Grant of an environmental permit

      2. 14. Content and form of an environmental permit

      3. 15. Conditions in relation to certain land

      4. 16. Mobile plant operating on the site of another regulated facility: conflict of permit conditions

      5. 17. Single site permits etc.

      6. 18. Consolidation of an environmental permit

      7. 19. Subsistence of an environmental permit

    3. CHAPTER 3

      Variation, transfer, revocation and surrender of an environmental permit

      1. 20. Variation of an environmental permit

      2. 21. Transfer of an environmental permit

      3. 22. Revocation of an environmental permit: general

      4. 23. Revocation of an environmental permit: steps to be taken after therevocation takes effect

      5. 24. Notification of the surrender of an environmental permit

      6. 25. Application to surrender an environmental permit

    4. CHAPTER 4

      Standard rules

      1. 26. Preparation and revision of standard rules

      2. 27. Standard rules as conditions of an environmental permit

      3. 28. Notification of revisions of standard rules

      4. 29. Revocation of standard rules

      5. 30. Variation of an environmental permit: revocation of standard rules

    5. CHAPTER 5

      Appeals in relation to environmental permits

      1. 31. Appeals to an appropriate authority

  3. PART 3

    Discharge of functions in relation to a regulated facility

    1. 32. Discharge of functions

    2. 33. Direction to a regulator: discharge of functions by a different regulator

    3. 34. Review of environmental permits and inspection of regulated facilities

    4. 35. Provision in relation to types of regulated facility

  4. PART 4

    Enforcement and offences

    1. 36. Enforcement notices

    2. 37. Suspension notices

    3. 38. Offences

    4. 39. Penalties

    5. 40. Defence: acts done in an emergency

    6. 41. Offences by bodies corporate

    7. 42. Enforcement by the High Court

    8. 43. Admissibility of evidence

    9. 44. Power of court to order cause of offence to be remedied

  5. PART 5

    Public Registers

    1. 45. Interpretation of this Part

    2. 46. Duty of the regulator to maintain a public register

    3. 47. Exclusion from public registers of information affecting national security

    4. 48. Exclusion from public registers of confidential information

    5. 49. Procedure if the regulator considers that information may be confidential

    6. 50. Duty to determine confidentiality

    7. 51. Determination of confidentiality

    8. 52. Procedure following a determination

    9. 53. Appeals in relation to confidentiality

    10. 54. Consequences of an appeal

    11. 55. Reconsideration of confidentiality

    12. 56. Directions of the appropriate authority in relation to confidentiality

  6. PART 6

    Powers and functions of the regulator and the appropriate authority

    1. 57. Power of the regulator to prevent or remedy pollution

    2. 58. Environment Agency: notices in relation to emissions to water

    3. 59. Environment Agency: public participation statement

    4. 60. Power to require the provision of information

    5. 61. Directions to a regulator: general

    6. 62. Reference of applications to an appropriate authority

    7. 63. Directions to the Agency: installations outside the United Kingdom

    8. 64. Guidance to regulators and exemption registration authorities

    9. 65. Fees and charges in relation to local authorities

    10. 66. Plans relating to emissions

  7. PART 7

    Miscellaneous and transitional provision, savings, consequential amendments, revocations and repeals

    1. 67. Interpretation of this Part

    2. 68. Further provision in relation to waste

    3. 69. Transitional provision: general

    4. 70. Transitional provision: conversion of permits and licences subject to certain applications

    5. 71. Transitional provision: conversion of PPC permits resulting from applicationsin relation to existing Part A installations and mobile plant

    6. 72. Savings

    7. 73. Consequential amendments

    8. 74. Revocations and repeals

    1. SCHEDULE 1

      Activities

      1. PART 1

        Interpretation and application: general

      2. PART 2

        Activities

    2. SCHEDULE 2

      Exempt waste operations: general

    3. SCHEDULE 3

      Descriptions: exempt waste operations and other operations to which section 33(1)(a) of the 1990 Act does not apply

      1. PART 1

        Exempt waste operations: descriptions

      2. PART 2

        Other operations to which section 33(1)(a) of the 1990 Act does not apply: descriptions

    4. SCHEDULE 4

      Application of these Regulations to the Crown

    5. SCHEDULE 5

      Environmental permits

      1. PART 1

        Grant, variation, transfer and surrender of environmental permits

      2. PART 2

        Compensation in relation to conditions affecting certain interests in land

    6. SCHEDULE 6

      Appeals to the appropriate authority

    7. SCHEDULE 7

      Provision in relation to Part A installations and Part A mobile plant

    8. SCHEDULE 8

      Provision in relation to Part B installations and Part B mobile plant

    9. SCHEDULE 9

      Provision in relation to waste operations

    10. SCHEDULE 10

      Provision in relation to landfill

    11. SCHEDULE 11

      Provision in relation to waste motor vehicles

    12. SCHEDULE 12

      Provision in relation to waste electrical and electronic equipment

    13. SCHEDULE 13

      Provision in relation to waste incineration

    14. SCHEDULE 14

      Provision in relation to SED installations

    15. SCHEDULE 15

      Provision in relation to certain combustion plants

    16. SCHEDULE 16

      Provision in relation to asbestos

    17. SCHEDULE 17

      Provision in relation to titanium dioxide

    18. SCHEDULE 18

      Provision in relation to petrol vapour recovery

    19. SCHEDULE 19

      Public registers

    20. SCHEDULE 20

      Further provision relating to waste

    21. SCHEDULE 21

      Consequential amendments

      1. PART 1

        Public General Acts

      2. PART 2

        Subordinate legislation

    22. SCHEDULE 22

      Revocations

    23. SCHEDULE 23

      Repeals

Go to Explanatory Note

These Regulations are made in exercise of the powers conferred by section 2 of, and Schedule 1 to, the Pollution Prevention and Control Act 1999(1).

The Secretary of State, in relation to England, and the National Assembly for Wales, in relation to Wales, have in accordance with section 2(4) of that Act consulted(2)—

(a) the Environment Agency;

(b) such bodies or persons appearing to them to be representative of the interests of local government, industry, agriculture and small businesses respectively as they consider appropriate; and

(c) such other bodies or persons as they consider appropriate.

A draft of this instrument has been approved by a resolution of each House of Parliament and by the National Assembly for Wales pursuant to section 2(8) and (9)(d) and (e) of that Act(3).

Accordingly, the Secretary of State, in relation to England, and the Welsh Ministers, in relation to Wales, make the following Regulations—

(1)

1999 c. 24. Functions of the Secretary of State under section 2 (except in relation to offshore oil and gas exploration and exploitation), so far as exercisable in relation to Wales, were transferred to the National Assembly for Wales by article 3 of S.I. 2005/1958. Those functions were then transferred to the Welsh Ministers by paragraph 30 of Schedule 11 to the Government of Wales Act 2006, c. 32. Back [1]

(2)

The requirement in that section to consult the bodies and persons mentioned was transferred from the National Assembly for Wales to the Welsh Ministers by paragraph 30 of Schedule 11 to the Government of Wales Act 2006, c. 32. The consultation carried out by the National Assembly for Wales has effect as if it were carried out by the Welsh Ministers by virtue of paragraph 39(3) of that Schedule to that Act. Back [2]

(3)

The reference in section 2(8) to approval by each House of Parliament has effect in relation to exercise of functions by the Welsh Ministers as if it were a reference to approval by the National Assembly for Wales by virtue of paragraph 33 of Schedule 11 to the Government of Wales Act 2006, c. 32. Back [3]

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