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The Environmental Permitting (England and Wales) Regulations 2016
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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 27 April 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.
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Whole provisions yet to be inserted into this Instrument (including any effects on those provisions):
- Sch. 9 Pt. 2 para. 2(3) inserted by S.I. 2023/1156 reg. 2(6)
- Sch. 9 Pt. 2 para. 4(5)(aa) inserted by S.I. 2023/1156 reg. 2(7)(c)(i)
- Sch. 9 Pt. 2 para. 4(6A) inserted by S.I. 2023/1156 reg. 2(7)(e)
- Sch. 9 Pt. 2 para. 5(6)(aa) inserted by S.I. 2023/1156 reg. 2(8)(c)(i)
- Sch. 9 Pt. 2 para. 5(6A) inserted by S.I. 2023/1156 reg. 2(8)(d)
- Sch. 9 Pt. 2 para. 5(7A) inserted by S.I. 2023/1156 reg. 2(8)(f)
- Sch. 9 Pt. 2 para. 5(11) inserted by S.I. 2023/1156 reg. 2(8)(i)
- Sch. 9 Pt. 2 para. 6(1)(ba) inserted by S.I. 2023/1156 reg. 2(9)(d)
- Sch. 9 Pt. 2 para. 6(1)(h) inserted by S.I. 2023/1156 reg. 2(9)(h)
- Sch. 9 Pt. 2 para. 8 inserted by S.I. 2023/1156 reg. 2(12)
- Sch. 9 Pt. 2 para. 7(3)(d)-(f) omitted by S.I. 2023/1156 reg. 2(11)(b)(iii)
- Sch. 9 Pt. 2 para. 7(4)(f)-(h) omitted by S.I. 2023/1156 reg. 2(11)(c)(vi)
- Sch. 9 Pt. 2 para. 7(5) omitted by S.I. 2023/1156 reg. 2(11)(d)
- Sch. 9 Pt. 2 para. 2(2)(a) substituted by S.I. 2023/1156 reg. 2(5)(b)
- Sch. 9 Pt. 2 para. 4(2) substituted by S.I. 2023/1156 reg. 2(7)(a)
- Sch. 9 Pt. 2 para. 5(2) substituted by S.I. 2023/1156 reg. 2(8)(a)
- Sch. 9 Pt. 2 para. 5(8) substituted by S.I. 2023/1156 reg. 2(8)(g)
- Sch. 9 Pt. 2 para. 6(1)(b) substituted by S.I. 2023/1156 reg. 2(9)(c)
- Sch. 9 Pt. 2 para. 6(1)(f) substituted by S.I. 2023/1156 reg. 2(9)(f)
- Sch. 9 Pt. 2 para. 4(6)(a)-(j) substituted for Sch. 9 Pt. 2 para. 4(6)(a)-(d) by S.I. 2023/1156 reg. 2(7)(d)(ii)
- Sch. 9 Pt. 2 para. 4(8)(9) substituted for Sch. 9 Pt. 2 para. 4(8) by S.I. 2023/1156 reg. 2(7)(g)
- Sch. 9 Pt. 2 para. 2(2)(b) word inserted by S.I. 2023/1156 reg. 2(5)(c)
- Sch. 9 Pt. 2 para. 6(1)(g) word inserted by S.I. 2023/1156 reg. 2(9)(g)(ii)
- Sch. 9 Pt. 2 para. 4(6) word omitted by S.I. 2023/1156 reg. 2(7)(d)(i)(bb)
- Sch. 9 Pt. 2 para. 5(7) word omitted by S.I. 2023/1156 reg. 2(8)(e)(ii)
- Sch. 9 Pt. 2 para. 6(1)(g) word omitted by S.I. 2023/1156 reg. 2(9)(g)(iii)
- Sch. 9 Pt. 2 para. 2(1) word substituted by S.I. 2023/1156 reg. 2(4)(a)
- Sch. 9 Pt. 2 para. 2(2) word substituted by S.I. 2023/1156 reg. 2(5)(a)
- Sch. 9 Pt. 2 para. 4(3) word substituted by S.I. 2023/1156 reg. 2(7)(b)
- Sch. 9 Pt. 2 para. 4(6) word substituted by S.I. 2023/1156 reg. 2(7)(d)(i)(aa)
- Sch. 9 Pt. 2 para. 1(2) words inserted by S.I. 2023/1156 reg. 2(3)
- Sch. 9 Pt. 2 para. 2(1) words inserted by S.I. 2023/1156 reg. 2(4)(b)
- Sch. 9 Pt. 2 para. 2(1) words inserted by S.I. 2023/1156 reg. 2(4)(g)
- Sch. 9 Pt. 2 para. 2(1) words inserted by S.I. 2023/1156 reg. 2(4)(h)(ii)
- Sch. 9 Pt. 2 para. 2(1) words inserted by S.I. 2023/1156 reg. 2(4)(h)(iii)
- Sch. 9 Pt. 2 para. 2(1) words inserted by S.I. 2023/1156 reg. 2(4)(i)
- Sch. 9 Pt. 2 para. 4(5)(b) words inserted by S.I. 2023/1156 reg. 2(7)(c)(ii)
- Sch. 9 Pt. 2 para. 5(6)(b) words inserted by S.I. 2023/1156 reg. 2(8)(c)(ii)
- Sch. 9 Pt. 2 para. 5(7) words inserted by S.I. 2023/1156 reg. 2(8)(e)(i)
- Sch. 9 Pt. 2 para. 5(7) Table words inserted by S.I. 2023/1156 reg. 2(8)(e)(iii)
- Sch. 9 Pt. 2 para. 5(7) Table words inserted by S.I. 2023/1156 reg. 2(8)(e)(iv)
- Sch. 9 Pt. 2 para. 5(7) Table words inserted by S.I. 2023/1156 reg. 2(8)(e)(v)
- Sch. 9 Pt. 2 para. 6(1) words inserted by S.I. 2023/1156 reg. 2(9)(a)
- Sch. 9 Pt. 2 para. 6(1)(a) words inserted by S.I. 2023/1156 reg. 2(9)(b)
- Sch. 9 Pt. 2 para. 6(1)(c) words inserted by S.I. 2023/1156 reg. 2(9)(e)
- Sch. 9 Pt. 2 para. 6(1)(d) words inserted by S.I. 2023/1156 reg. 2(9)(e)
- Sch. 9 Pt. 2 para. 6(1)(e) words inserted by S.I. 2023/1156 reg. 2(9)(e)
- Sch. 9 Pt. 2 para. 6(2)(a) words inserted by S.I. 2023/1156 reg. 2(10)(a)
- Sch. 9 Pt. 2 para. 7(2)(a) words inserted by S.I. 2023/1156 reg. 2(11)(a)
- Sch. 9 Pt. 2 para. 7(3)(a) words inserted by S.I. 2023/1156 reg. 2(11)(b)(i)
- Sch. 9 Pt. 2 para. 7(3)(c) words inserted by S.I. 2023/1156 reg. 2(11)(b)(ii)
- Sch. 9 Pt. 2 para. 7(4)(c) words inserted by S.I. 2023/1156 reg. 2(11)(c)(iv)
- Sch. 9 Pt. 2 para. 7(4)(e) words inserted by S.I. 2023/1156 reg. 2(11)(c)(v)
- Sch. 9 Pt. 2 para. 2(1) words omitted by S.I. 2023/1156 reg. 2(4)(d)
- Sch. 9 Pt. 2 para. 7(4) words omitted by S.I. 2023/1156 reg. 2(11)(c)(i)
- Sch. 9 Pt. 2 para. 2(1) words substituted by S.I. 2023/1156 reg. 2(4)(c)
- Sch. 9 Pt. 2 para. 2(1) words substituted by S.I. 2023/1156 reg. 2(4)(e)
- Sch. 9 Pt. 2 para. 2(1) words substituted by S.I. 2023/1156 reg. 2(4)(f)
- Sch. 9 Pt. 2 para. 2(1) words substituted by S.I. 2023/1156 reg. 2(4)(h)(i)
- Sch. 9 Pt. 2 para. 4(7) words substituted by S.I. 2023/1156 reg. 2(7)(f)
- Sch. 9 Pt. 2 para. 5(5) words substituted by S.I. 2023/1156 reg. 2(8)(b)
- Sch. 9 Pt. 2 para. 5(10) words substituted by S.I. 2023/1156 reg. 2(8)(h)
- Sch. 9 Pt. 2 para. 6(1)(g) words substituted by S.I. 2023/1156 reg. 2(9)(g)(i)
- Sch. 9 Pt. 2 para. 6(2)(b) words substituted by S.I. 2023/1156 reg. 2(10)(b)
- Sch. 9 Pt. 2 para. 7(4)(a) words substituted by S.I. 2023/1156 reg. 2(11)(c)(ii)
- Sch. 9 Pt. 2 para. 7(4)(b) words substituted by S.I. 2023/1156 reg. 2(11)(c)(iii)
Provisions of enactmentsE+W
This section has no associated Explanatory Memorandum
2.—(1) The provisions referred to in paragraph 1(3) are those listed in Table 9 below.
(2) References to provisions of the 1991 Act have effect subject to the power conferred by section 98 of that Act M1.
Table 9
Statutory provisions in respect of which radioactivity is to be disregarded
| Act | Provisions |
|---|---|
| Public Health Act 1936 | Sections 48, 79, 81, 82, 141, 259 and 261 M2. |
| Water Act 1945 | Section 18 M3 so far as it continues to have effect by virtue of Schedule 2 to the Water Consolidation (Consequential Provisions) Act 1991 M4 or by virtue of provisions of the Control of Pollution Act 1974 M5 not having been brought into force. |
| Salmon and Freshwater Fisheries Act 1975 | Section 4 M6. |
| Building Act 1984 | Section 59 M7. |
| The Planning (Hazardous Substances) Act 1990 M8 | The whole Act. |
| The 1990 Act | Part 3 M9 (subject to regulation 47(3) of the Waste (England and Wales) Regulations 2011 M10). |
| Water Industry Act 1991 | Sections 72, 111 and 113(6) M11. |
| In Part 4, Chapter 3 M12. | |
| In Schedule 8, paragraphs 2 to 4 M13 so far as they re-enact provisions of sections 43 and 44 of the Control of Pollution Act 1974 M14. | |
| The 1991 Act | Sections 82, 84, 92, 93, 161-161D, 190, 202 and 203 M15. |
| In Schedule 25, paragraph 6 M16. | |
| Clean Air Act 1993 M17 | Section 16. |
| Marine and Coastal Access Act 2009 M18 | Section 155. |
Marginal Citations
M1Section 98 was amended by S.I. 2010/675.
M21936 c. 49; section 48 was amended by paragraph 2(1) of Schedule 1 and Part 1 of Schedule 3 to the Water Consolidation (Consequential Provisions) Act 1991 (c. 60). Section 79 is prospectively repealed by paragraph 7 of Schedule 3, and Schedule 4, to the Control of Pollution Act 1974 (c. 40) as from a day to be appointed. Section 82 was amended by paragraph 18(2) of Part 1 of Schedule 11 to the London Government Act 1963 (c. 33). Section 141 was amended by paragraph 4(2) of Schedule 15 to the 1990 Act. Section 259 was amended by Schedule 4 to the Control of Pollution Act 1974 and paragraph 4(3) of Schedule 15 to the 1990 Act.
M31945 c. 42; section 18 is prospectively repealed by Schedule 4 to the Control of Pollution Act 1974 as from a day to be appointed.
M41991 c. 60; Schedule 2 was amended by paragraph 29(3) of Part 2 of Schedule 7 to the Water Act 2003 (c. 37).
M61975 c. 51; section 4 was amended by section 233 (2)(a) of, and Part 5(B) of Schedule 22 to, the Marine and Coastal Access Act 2009 (c. 23), and by S.I. 2013/755 (W. 90).
M71984 c. 55; section 59 was amended by Part 1 of Schedule 6 to the Airports Act 1986 (c. 31), section 5(b) of, and the Schedule to, the Sustainable and Secure Buildings Act 2004 (c. 22) and by S.I. 2001/3335, 4050, 2002/440 and 2011/2491. It is prospectively amended by paragraph 26(3) of Schedule 3 to the Flood and Water Management Act 2010 (c. 29) from a date to be appointed.
M9Part 3 was amended by Part 1 of Schedule 16 to the 1990 Act, paragraph 4 of Schedule 4, and Schedule 6, to the Clean Air Act 1993 (c. 11), sections 2 to 5 and 10 of the Noise and Statutory Nuisance Act 1993 (c. 40), paragraph 17(5) of Schedule 9 to the Local Government (Wales) Act 1994, paragraph 27 of Schedule 3 to the Vehicle Excise and Registration Act 1994 (c. 22), paragraph 89(2) and (3) of Schedule 22, and Schedule 24, to the 1995 Act, paragraphs 3 and 6 of Schedule 2 to the Pollution Prevention and Control Act 1999 (c. 24), and sections 86, 101, 102 and 103 of the Clean Neighbourhoods and Environment Act 2005 (c. 16), and by S.I. 2000/1973 and 2015/664. It is prospectively amended by Schedule 3 to the Pollution Prevention and Control Act 1999 from a date to be appointed.
M10S.I. 2011/988, to which there are amendments not relevant to these Regulations.
M111991 c. 56; section 72 was amended by paragraph 21 of Schedule 8 to the Water Act 2003 and paragraph 69 of Schedule 7 to the Water Act 2014 (c. 21). Section 111 was amended by paragraph 39(2) of Schedule 7 to the Water Act 2003.
M12Chapter 3 of Part 4 was amended by paragraph 89(a) of Schedule 13 to the Merchant Shipping Act 1995 (c. 21), paragraphs 105 to 113 of Schedule 22, and Schedule 24, to the 1995 Act, section 36(2) of the Water Act 2003, and paragraph 1(2) of Part 1 of Schedule 11 to the Constitutional Reform Act 2005 (c. 4), and by S.I. 2000/1973, 2007/3538, 2010/675, 2011/1043 and 2013/755 (W. 90). It is prospectively amended by Schedule 3 to the Pollution Prevention and Control Act 1999, by sections 88(1), (3) and (4) and 89 of, and Part 3 of Schedule 9 to, the Water Act 2003, and by section 66(2) of the Environment (Wales) Act 2016 (anaw. 3) from a date to be appointed.
M13Paragraph 2 of Schedule 8 is prospectively amended by paragraph 123 of Schedule 7 to the Water Act 2014 from a date to be appointed. Paragraphs 3 and 4 were amended by section 36(2) of the Water Act 2003.
M14Section 43 was repealed by Part 1 of Schedule 3 to the Water Consolidation (Consequential Provisions) Act 1991. Section 44 was repealed by Part 1 of Schedule 27 to the Water Act 1989 (c. 15) and Part 1 of Schedule 3 to the Water Consolidation (Consequential Provisions) Act 1991.
M15Section 84 was amended by S.I. 2010/675 and 2013/755(W. 90). Section 92 was amended by paragraph 144 of Schedule 22 to the 1995 Act, and by S.I. 2010/675 and 2013/755 (W. 90). Section 93 was amended by S.I. 2009/3104 and 2013/755 (W. 90). Section 161 was substituted, together with sections 161ZA-161ZC, 161A, 161AA, 161AB, by S.I. 2009/3104. Sections 161, 161ZA, 161ZB, 161A and 161AA were amended by S.I. 2013/755 (W. 90). Sections 161ZC and 161AB were amended by S.I. 2010/675 and 2013/755 (W. 90). Sections 161B to 161D were inserted by paragraph 162 of Schedule 22 to the 1995 Act. Section 161B was amended by S.I. 2007/3538 and 2013/755 (W. 90). Sections 161D was amended by S.I. 2013/755 (W. 90) and 2015/664. Section 190 was amended by paragraph 169 of Schedule 22, and Schedule 24, to the 1995 Act, and by S.I. 2010/675 and 2013/755 (W. 90). Section 202 was amended by paragraph 172 of Schedule 22, and Schedule 24, to the 1995 Act. Section 203 was amended by paragraph 128 of Schedule 22 to the 1995 Act, paragraph 53(2) of Schedule 8 to the Water Act 2003, and paragraph 125 of Schedule 7 to the Water Act 2014, and by S.I 2007/3538.
M16Paragraph 6 of Schedule 25 was amended by paragraph 26 of Schedule 15 to the 1995 Act, section 224 of, and paragraph 24 of Schedule 16, and Part 5(B) of Schedule 22, to, the Marine and Coastal Access Act 2009, and by S.I. 2013/755 (W. 90).
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