The Pollution Prevention and Control (England and Wales) Regulations 2000

Regulation 2

SCHEDULE 1ACTIVITIES, INSTALLATIONS AND MOBILE PLANT

PART 1:ACTIVITIES

Chapter 1—Energy Industries

Section 1.1—Combustion Activities

Part A(1)

Interpretation of Part A(1)

1.  For the purpose of paragraph (a), where two or more appliances with an aggregate rated thermal input of 50 megawatts or more are operated on the same site by the same operator those appliances shall be treated as a single appliance with a rated thermal input of 50 megawatts or more.

2.  Nothing in this Part applies to burning fuels in an appliance 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.

3.  In paragraph 2, “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.

4.  In paragraph 3, “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.

Part A(2)

Nil.

Part B

Unless falling within paragraph (a) of Part A(1) of this Section—

(a)Burning any fuel, other than a fuel mentioned in paragraph (b) of Part A(1) of this Section, in a boiler or furnace or a gas turbine or compression ignition engine with, in the case of any of these appliances, a rated thermal input of 20 megawatts or more but less than 50 megawatts.

(b)Burning any of the following fuels in an appliance with a rated thermal input of less than 3 megawatts—

(i)waste oil;

(ii)recovered oil;

(iii)a solid fuel which has been manufactured from waste by an activity involving the application of heat.

(c)Burning fuel manufactured from or including waste, other than a fuel mentioned in paragraph (b), in any appliance—

(i)with a rated thermal input of less than 3 megawatts but at least 0.4 megawatts; or

(ii)which is used together with other appliances which each have a rated thermal input of less than 3 megawatts, where the aggregate rated thermal input of all the appliances is at least 0.4 megawatts.

Interpretation of Part B

1.  Nothing in this Part applies to any activity falling within Part A(1) or A(2) of Section 5.1.

2.  In paragraph (c), “fuel” does not include gas produced by biological degradation of waste.

Interpretation of Section 1.1

For the purpose of this Section—

“waste oil” means any mineral based lubricating or industrial oil which has become unfit for the use for which it was intended, such as used combustion engine oil, gearbox oil, mineral lubricating oil, oil for turbines and hydraulic oil;

“recovered oil” means waste oil which has been processed before being used.

Section 1.2—Gasification, Liquefaction and Refining Activities

Part A(1)

Interpretation of Part A(1)

1.  Paragraph (j) does not include the use of any substance as a fuel or its incineration as a waste or any activity for the treatment of sewage.

2.  In paragraph (j), the heat treatment of oil, other than distillation, does not include the heat treatment of waste oil or waste emulsions containing oil in order to recover the oil from aqueous emulsions.

3.  In this Part, “carbonaceous material” includes such materials as charcoal, coke, peat, rubber and wood.

Part A(2)

Part B

Interpretation of Part B

1.  In this Part—

“inland waterway vessel” means a vessel, other than a sea-going vessel, having a total dead weight of 15 tonnes or more;

“petrol” means any petroleum derivative (other than liquefied petroleum gas), with or without additives, having a Reid vapour pressure of 27.6 kilopascals or more which is intended for use as a fuel for motor vehicles;

“service station” means any premises where petrol is dispensed to motor vehicle fuel tanks from stationary storage tanks;

“terminal” means any premises which are used for the storage and loading of petrol into road tankers, rail tankers or inland waterway vessels.

2.  Any other expressions used in this Part which are also used in Directive 94/63/EC on the control of volatile organic compound (VOC) emissions resulting from the storage of petrol and its distribution from terminals to service stations(1) have the same meaning as in that Directive.

Chapter 2—Production and Processing of Metals

Section 2.1—Ferrous Metals

Part A(1)

Part A(2)

Part B

unless falling within paragraph (a) or (d) of Part A(2) of this Section.

Interpretation of Section 2.1

In this Section, “ferrous alloy” means an alloy of which iron is the largest constituent, or equal to the largest constituent, by weight, whether or not that alloy also has a non-ferrous metal content greater than any percentage specified in Section 2.2.

Section 2.2—Non-Ferrous Metals

Part A(1)

Interpretation of Part A(1)

In paragraph (g), “background concentration” means any concentration of cadmium or any compound of cadmium which would be present in the release irrespective of any effect the activity may have had on the composition of the release and, without prejudice to the generality of the foregoing, includes such concentration of those substances as is present in—

(i)water supplied to the site where the activity is carried out;

(ii)water abstracted for use in the activity; and

(iii)precipitation onto the site on which the activity is carried out.

Part A(2)

Part B

Interpretation of Part B

In this Part “net rated thermal input” is the rate at which fuel can be burned at the maximum continuous rating of the appliance multiplied by the net calorific value of the fuel and expressed as megawatts thermal.

Interpretation of Section 2.2

1.  In this Section “non-ferrous metal alloy” means an alloy which is not a ferrous alloy, as defined in Section 2.1.

2.  Nothing in paragraphs (c) to (h) of Part A(1) or in Part B of this Section shall be taken to refer to the activities of hand soldering, flow soldering or wave soldering.

Section 2.3—Surface Treating Metals and Plastic Materials

Part A(1)

Part A(2)

Nil.

Part B

Chapter 3—Mineral Industries

Section 3.1—Production of Cement and Lime

Part A(1)

Part A(2)

Nil.

Part B

Section 3.2—Activities Involving Asbestos

Part A(1)

Part A(2)

Nil.

Part B

• asbestos cement;

• asbestos cement products;

• asbestos fillers;

• asbestos filters;

• asbestos floor coverings;

• asbestos friction products;

• asbestos insulating board;

• asbestos jointing, packaging and reinforcement material;

• asbestos packing;

• asbestos paper or card;

• asbestos textiles.

Interpretation of Section 3.2

1.  In this Section “asbestos” includes any of the following fibrous silicates: actinolite, amosite, anthophyllite, chrysotile, crocidolite and tremolite.

Section 3.3—Manufacturing Glass and Glass Fibre

Part A(1)

Part A(2)

Part B

Unless falling within Part A(1) or A(2) of this Section—

(a)Manufacturing glass at any location where the person concerned has the capacity to make 5,000 tonnes or more of glass in any period of 12 months, and any activity involving the use of glass which is carried out at any such location in conjunction with its manufacture.

(b)Manufacturing glass where the use of lead or any lead compound is involved.

(c)Manufacturing any glass product where lead or any lead compound has been used in the manufacture of the glass except—

(i)making products from lead glass blanks; or

(ii)melting, or mixing with another substance, glass manufactured elsewhere to produce articles such as ornaments or road paint.

(d)Polishing or etching glass or glass products in the course of any manufacturing activity if—

(i)hydrofluoric acid is used; or

(ii)hydrogen fluoride may be released into the air.

(e)Manufacturing glass frit or enamel frit and its use in any activity where that activity is related to its manufacture.

Section 3.4—Production of Other Mineral Fibres

Part A(1)

Part A(2)

Nil.

Part B

Nil.

Section 3.5—Other Mineral Activities

Part A(1)

Nil.

Part A(2)

Nil.

Part B

Interpretation of Part B

1.  In this Part—

• “coal” includes lignite;

• “designated mineral or mineral product” means—

  (i)

  clay, sand and any other naturally occurring mineral other than coal or lignite;

  (ii)

  metallurgical slag;

  (iii)

  boiler or furnace ash produced from the burning of coal, coke or any other coal product;

  (iv)

  gypsum which is a by-product of any activity;

• “exempt location” means—

  (i)

  any premises used for the sale of petroleum coke, coal, coke or any coal product where the throughput of such substances at those premises in any period of 12 months is in aggregate likely to be less than 10,000 tonnes; or

  (ii)

  any premises to which petroleum coke, coal, coke or any coal product is supplied only for use there;

• “retail sale” means sale to the final customer.

2.  Nothing in this Part applies to any activity carried out underground.

Section 3.6—Ceramic Production

Part A(1)

Part A(2)

Part B

Interpretation of Part B

In this Part—

• “clay” includes a blend of clay with ash, sand or other materials;

• “refractory material” means material (such as fireclay, silica, magnesite, chrome-magnesite, sillimanite, sintered alumina, beryllia and boron nitride) which is able to withstand high temperatures and to function as a furnace lining or in other similar high temperature applications.

Chapter 4—The Chemical Industry

Interpretation of Chapter 4

In Part A(1) of the Sections of this Chapter, “producing” means producing in a chemical plant by chemical processing for commercial purposes substances or groups of substances listed in the relevant sections.

Section 4.1—Organic Chemicals

Part A(1)

Part A(2)

Nil.

Part B

Interpretation of Section 4.1

In this Section, “pre-formulated resin or pre-formulated gel coat” means any resin or gel coat which has been formulated before being introduced into polymerisation or co-polymerisation activity, whether or not the resin or gel coat contains a colour pigment, activator or catalyst.

Section 4.2—Inorganic Chemicals

Part A(1)

Part A(2)

Nil.

Part B

Nil.

Section 4.3—Chemical Fertiliser Production

Part A(1)

Part A(2)

Nil.

Part B

Nil.

Section 4.4—Plant Health Products and Biocides

Part A(1)

Part A(2)

Nil.

Part B

Nil.

Section 4.5—Pharmaceutical Production

Part A(1)

Part A(2)

Nil.

Part B

Nil.

Section 4.6—Explosives Production

Part A(1)

Part A(2)

Nil.

Part B

Nil.

Section 4.7—Manufacturing Activities Involving Carbon Disulphide or Ammonia

Part A(1)

Part A(2)

Nil.

Part B

Nil.

Section 4.8—The Storage of Chemicals in Bulk

Part A(1)

Nil.

Part A(2)

Nil.

Part B

Chapter 5—Waste Management

Section 5.1—Disposal of Waste by Incineration

Part A(1)

Part A(2)

Nil.

Part B

Interpretation of Section 5.1

In this Section—

• “clinical waste”, in the definition of “exempt incineration plant”, means waste (other than waste consisting wholly of animal remains) which falls within sub-paragraph (a) or (b) of the definition of such waste in paragraph (2) of regulation 1 of the Controlled Waste Regulations 1992(2) (or would fall within one of those sub-paragraphs but for paragraph (4) of that regulation);

• “exempt incineration plant” means any incineration plant on premises where there is plant designed to incinerate waste, including animal remains, at a rate of 50 kilogrammes or less per hour, not being an incineration plant employed to incinerate clinical waste, sewage sludge, sewage screenings or municipal waste; and the for purposes of this definition, the weight of waste shall be determined by reference to its weight as fed into the incineration plant;

• “hazardous waste” means waste as defined in Article 1(4) of Council Directive 91/689/EEC on hazardous waste(3);

• “incineration” includes pyrolysis;

• “incineration of hazardous waste in an incineration plant” means the incineration by oxidation of hazardous wastes, with or without recovery of the combustion heat generated, including pre-treatment and thermal treatment processes, for example, plasma process, in so far as their products are subsequently incinerated, and includes the incineration of such wastes as regular or additional fuel for any industrial process;

• “municipal waste” means municipal waste as defined in Council Directives 89/369/EEC(4) and 89/429/EEC(5);

• “specified hazardous waste” means—

  (a)

  combustible liquid wastes, including waste oils as defined in Article 1 of Council Directive 75/439/EEC on the disposal of waste oil(6), provided that they meet the following three criteria—

  (i)

  the mass content of polychlorinated aromatic hydrocarbons, for example, polychlorinated biphenyls or pentachlorinated phenol, amounts to concentrations not higher than those set out in the relevant Community legislation(7);

  (ii)

  these wastes are not rendered hazardous by virtue of containing other constituents listed in Annex II to Council Directive 91/689/EEC on hazardous waste in quantities or in concentrations which are inconsistent with the achievement of the objectives set out in Article 4 of Council Directive 75/442/EEC on waste(8); and

  (iii)

  the net calorific value amounts to 30 MJ or more per kilogramme;

  (b)

  combustible liquid wastes which cannot cause, in the flue gas directly resulting from their combustion, emissions other than those from gas oil, as defined in Article 1(1) of Council Directive 75/716/EEC on the approximation of the laws of Member States relating to the sulphur content of certain liquid fuels(9) or a higher concentration of emissions than those resulting from the combustion of gas oil as so defined;

  (c)

  sewage sludges from the treatment of municipal waste waters which are not rendered hazardous by virtue of containing constituents listed in Annex II to Council Directive 91/689/EEC on hazardous waste in quantities or in concentrations which are inconsistent with the achievement of the objectives set out in Article 4 of Council Directive 75/442/EEC on waste; and

  (d)

  infectious clinical waste, provided that such waste is not rendered hazardous as a result of the presence of constituents listed in Annex II to Council Directive 91/689/EEC on hazardous waste other than constituent C35 in that list (infectious substances).

Section 5.2—Disposal of Waste by Landfill

Part A(1)

Part A(2)

Nil.

Part B

Nil.

Section 5.3—Disposal of Waste Other Than by Incineration or Landfill

Part A(1)

Interpretation of Part A(1)

1.  In this Part—

• “disposal” in paragraph (a) means any of the operations described in Annex IIA to Council Directive 75/442/EEC on waste;

• “hazardous waste” means waste as defined in Article 1(4) of Council Directive 91/689/EEC.

2.  Paragraph (b) shall be interpreted in accordance with Article 1 of Council Directive 75/439/EEC.

3.  Nothing in this Part applies to the treatment of waste soil by means of mobile plant.

4.  The reference to a D paragraph number in brackets at the end of paragraphs (c)(i) and (ii) is to the number of the corresponding paragraph in Annex IIA to Council Directive 75/442/EEC on waste (disposal operations).

Part A(2)

Nil.

Part B

Nil.

Section 5.4—Recovery of Waste

Part A(1)

Interpretation of Part A(1)

1.  Nothing in paragraphs (a) and (b) of this Part applies to—

(a)distilling oil for the production or cleaning of vacuum pump oil; or

(b)an activity which is ancillary to and related to another activity, whether described in this Schedule or not, which involves the production or use of the substance which is recovered, cleaned or regenerated,

except where the activity involves distilling more than 100 tonnes per day.

2.  Nothing in this Part applies to the treatment of waste soil by means of mobile plant.

3.  The reference to a R paragraph number in brackets at the end of paragraphs (c)(i) to (vii) is to the number of the corresponding paragraph in Annex IIB of Council Directive 75/442/EEC on waste (recovery operations).

Part A(2)

Nil.

Part B

Nil.

Section 5.5—The Production of Fuel from Waste

Part A(1)

Part A(2)

Nil.

Part B

Nil.

Chapter 6—Other Activities

Section 6.1—Paper, Pulp and Board Manufacturing Activities

Part A(1)

Interpretation of Part A(1)

In paragraph (c), “paper pulp” includes pulp made from wood, grass, straw and similar materials and references to the making of paper are to the making of any product using paper pulp.

Part A(2)

Nil.

Part B

Nil.

Section 6.2—Carbon Activities

Part A(1)

Part A(2)

Nil.

Part B

Nil.

Section 6.3—Tar and Bitumen Activities

Part A(1)

Part A(2)

Nil.

Part B

Interpretation of Part B

In this Part “tar” and “bitumen” include pitch.

Section 6.4—Coating Activities, Printing and Textile Treatments

Part A(1)

Part A(2)

Part B

Interpretation of Part B

1.  In this Part—

• “aircraft” includes gliders and missiles;

• “coating material” means paint, printing ink, varnish, lacquer, dye, any metal oxide coating, any adhesive coating, any elastomer coating, any metal or plastic coating and any other coating material.

2.  The amount of organic solvents used in an activity shall be calculated as—

(a)the total input of organic solvents into the process, including both solvents contained in coating materials and solvents used for cleaning or other purposes; less

(b)any organic solvents that are removed from the process for re-use or for recovery for re-use.

Section 6.5—The Manufacture of Dyestuffs, Printing Ink and Coating Materials

Part A(1)

Nil.

Part A(2)

Nil.

Part B

Interpretation of Part B

1.  In this Part, “coating material” has the same meaning as in Section 6.4.

2.  The amount of organic solvents used in an activity shall be calculated as—

(i)the total input of organic solvents into the process, including both solvents contained in coating materials and solvents for cleaning or other purposes; less

(ii)any organic solvents, not contained in coating materials, that are removed from the process for re-use or for recovery for re-use.

Section 6.6—Timber Activities

Part A(1)

Part A(2)

Nil.

Part B

Interpretation of Part B

In this Part—

• “relevant activities” other than sawing are “exempt activities” where, if no sawing were carried out at the works, the activities carried out there would be unlikely to result in the release into the air of any substances listed in paragraph 12 of Part 2 of this Schedule in a quantity which is capable of causing significant harm;

• “throughput” shall be calculated by reference to the amount of wood which is subjected to any of the relevant activities, but where, at the same works, wood is subject to two or more relevant activities, no account shall be taken of the second or any subsequent activity;

• “wood” includes any product consisting wholly or mainly of wood; and

• “works” includes a sawmill or any other premises on which relevant activities are carried out on wood.

Section 6.7—Activities Involving Rubber

Part A(1)

Nil.

Part A(2)

Nil.

Part B

section 6.8—the treatment of animal and vegetable matter and food industries

Part A(1)

Part A(2)

Part B

Interpretation of Section 6.8

In this Section—

• “animal” includes a bird or a fish;

• “exempt activity” means—

  (i)

  any activity carried out in a farm or agricultural holding other than the manufacture of goods for sale;

  (ii)

  the manufacture or preparation of food or drink for human consumption but excluding—

  (1)

  the extraction, distillation or purification of animal or vegetable oil or fat otherwise than as a activity incidental to the cooking of food for human consumption;

  (2)

  any activity involving the use of green offal or the boiling of blood except the cooking of food (other than tripe) for human consumption;

  (3)

  the cooking of tripe for human consumption elsewhere than on premises on which it is to be consumed;

  (iii)

  the fleshing, cleaning and drying of pelts of fur-bearing mammals;

  (iv)

  any activity carried on in connection with the operation of a knacker’s yard, as defined in article 3(1) of the Animal By-Products Order 1999(10);

  (v)

  any activity for the manufacture of soap not falling within Part A(1) of Section 4.2;

  (vi)

  the storage of vegetable matter not falling within any other Section of this Schedule;

  (vii)

  the cleaning of shellfish shells;

  (viii)

  the manufacture of starch;

  (ix)

  the processing of animal or vegetable matter at premises for feeding a recognised pack of hounds registered under article 13 of the Animal By-Products Order 1999;

  (x)

  the salting of hides or skins, unless related to any other activity listed in this Schedule;

  (xi)

  any activity for composting animal or vegetable matter or a combination of both, except where that activity is carried on for the purposes of cultivating mushrooms;

  (xii)

  any activity for cleaning, and any related activity for drying or dressing, seeds, bulbs, corms or tubers;

  (xiii)

  the drying of grain or pulses;

  (xiv)

  any activity for the production of cotton yarn from raw cotton or for the conversion of cotton yarn into cloth;

• “food” includes—

  (i)

  drink;

  (ii)

  articles and substances of no nutritional value which are used for human consumption; and

  (iii)

  articles and substances used as ingredients in the preparation of food;

• “green offal” means the stomach and intestines of any animal, other than poultry or fish, and their contents.

Section 6.9—Intensive Farming

Part A(1)

Part A(2)

Nil.

Part B

Nil.

PART 2:INTERPRETATION OF PART 1

1.  The following rules apply for the interpretation of Part 1 of this Schedule.

2.—(1) Subject to sub-paragraph (2), an activity shall not be taken to be a Part B activity if it cannot result in the release into the air of a substance listed in paragraph 12 or there is no likelihood that it will result in the release into the air of any such substance except in a quantity which is so trivial that it is incapable of causing pollution or its capacity to cause pollution is insignificant.

(2) Sub-paragraph (1) does not apply to an activity which may give rise to an offensive smell noticeable outside the site where the activity is carried out.

3.  An activity shall not be taken to be an activity falling within Part 1 if it is carried out in a working museum to demonstrate an industrial activity of historic interest or if it is carried out for educational purposes in a school as defined in section 4(1) of the Education Act 1996(11).

4.  The running on or within an aircraft, hovercraft, mechanically propelled road vehicle, railway locomotive or ship or other vessel of an engine which propels or provides electricity for it shall not be taken to be an activity falling within Part 1.

5.  The running of an engine in order to test it before it is installed or in the course of its development shall not be taken to be an activity falling within Part 1.

6.—(1) The use of a fume cupboard shall not be taken to be an activity falling within Part 1 if it is used as a fume cupboard in a laboratory for research or testing and it is not—

(i)a fume cupboard which is an industrial and continuous production activity enclosure; or

(ii)a fume cupboard in which substances or materials are manufactured.

(2) In sub-paragraph (1) “fume cupboard” has the meaning given by the British Standard “Laboratory fume cupboards” published by the British Standards Institution numbered BS7258 : Part I : 1990.

7.  An activity shall not be taken to fall within Part 1 if it is carried out as a domestic activity in connection with a private dwelling.

8.  References in Part 1 to related activities are references to separate activities being carried out by the same person on the same site.

9.—(1) This paragraph applies for the purpose of determining whether an activity carried out in a stationary technical unit falls within a description in Part A(1) or A(2) which refers to capacity, other than design holding capacity.

(2) Where a person carries out several activities falling within the same description in Part A(1) or A(2) in different parts of the same stationary technical unit or in different stationary technical units on the same site, the capacities of each part or unit, as the case may be, shall be added together and the total capacity shall be attributed to each part or unit for the purpose of determining whether the activity carried out in each part or unit falls within a description in Part A(1) or A(2).

(3) For the purpose of sub-paragraph (2), no account shall be taken of capacity when determining whether activities fall within the same description.

(4) Where an activity falls within a description in Part A(1) or A(2) by virtue of this paragraph it shall not be taken to be an activity falling within a description in Part B.

10.—(1) Where an activity falls within a description in Part A(1) and a description in Part A(2) that activity shall be regarded as falling only within that description which fits it most aptly.

(2) Where an activity falls within a description in Part A(1) and a description in Part B that activity shall be regarded as falling only within the description in Part A(1).

(3) Where an activity falls within a description in Part A(2) and a description in Part B that activity shall be regarded as falling only within the description in Part A(2).

11.  In Part 1 of this Schedule—

• “background quantity” means, in relation to the release of a substance resulting from an activity, such quantity of that substance as is present in—

  (i)

  water supplied to the site where the activity is carried out;

  (ii)

  water abstracted for use in the activity; and

  (iii)

  precipitation onto the site on which the activity is carried out;

• “Part A activity” means an activity falling within Part A(1) or A(2) of any Section in Part 1 of this Schedule;

• “Part A(1)activity” means an activity falling within Part A(1) of any Section in Part 1 of this Schedule;

• “Part A(2) activity” means an activity falling within Part A(2) of any Section in Part 1 of this Schedule;

• “Part B activity” means an activity falling within Part B of any Section in Part 1 of this Schedule.

12.  References to, or to the release into the air of, a substance listed in this paragraph are to any of the following substances—

• oxides of sulphur and other sulphur compounds;

• oxides of nitrogen and other nitrogen compounds;

• oxides of carbon;

• organic compounds and partial oxidation products;

• metals, metalloids and their compounds;

• asbestos (suspended particulate matter and fibres), glass fibres and mineral fibres;

• halogens and their compounds;

• phosphorus and its compounds;

• particulate matter.

13.  References to, or to the release into water of, a substance listed in this paragraph or to its release in a quantity which, in any period of 12 months, is greater than the background quantity by an amount specified in this paragraph are to the following substances and amounts—

14.—(1) References to a substance listed in this paragraph are to any of the following substances—

• alkali metals and their oxides and alkaline earth metals and their oxides;

• organic solvents;

• azides;

• halogens and their covalent compounds;

• metal carbonyls;

• organo-metallic compounds;

• oxidising agents;

• polychlorinated dibenzofuran and any congener thereof;

• polychlorinated dibenzo-p-dioxin and any congener thereof;

• polyhalogenated biphenyls, terphenyls and naphthalenes;

• phosphorus;

• pesticides.

(2) In sub-paragraph (1), “pesticide” means any chemical substance or preparation prepared or used for destroying any pest, including those used for protecting plants or wood or other plant products from harmful organisms, regulating the growth of plants, giving protection against harmful creatures, rendering such creatures harmless, controlling organisms with harmful or unwanted effects on water systems, buildings or other structures, or on manufactured products, or protecting animals against ectoparasites.

PART 3:INTERPRETATION OF “PART A INSTALLATION” ETC

15.  For the purpose of these Regulations, subject to paragraph 17—

“Part A installation” means a Part A(1) installation or a Part A(2) installation;

“Part A (1) installation” means an installation where a Part A(1) activity is carried out (including such an installation where a Part A(2) or Part B activity is also carried out);

“Part A(2) installation” means an installation, not being a Part A(1) installation, where a Part A(2) activity is carried out (including such an installation where a Part B activity is also carried out);

“Part B installation” means an installation where a Part B activity is carried out, not being a Part A installation.

16.  For the purpose of these Regulations—

“Part A mobile plant” means Part A(1) mobile plant or Part A(2) mobile plant;

“Part A(1) mobile plant” means mobile plant used to carry out a Part A(1) activity (including such plant which is also used to carry out a Part A(2) or Part B activity);

“Part A(2) mobile plant” means mobile plant, not being Part A(1) mobile plant, used to carry out a Part A(2) activity (including such mobile plant used to carry out a Part B activity);

“Part B mobile plant” means mobile plant used to carry out a Part B activity, not being Part A mobile plant.

17.—(1) An installation where a Part A(2) activity is carried out (and no Part A(1) activity) shall nevertheless be a part A(1) installation if any waste activity is also carried out at the installation.

(2) In sub-paragraph (1) “waste activity” means an activity mentioned in paragraph (a) or (b) of section 33(1) of the Environmental Protection Act 1990 (deposit, keeping, treatment and disposal of waste) other than—

(a)the incineration of waste falling within Part B of Section 5.1 of Part 1 of this Schedule; and

(b)an exempt activity, as defined in regulation 1(3) of and Schedule 3 to the Waste Management Licensing Regulations 1994(12).

18.  A Part B installation where an activity within Part B of Section 1.1 is carried out does not include any location where the associated storage, handling or shredding of tyres which are to be burned as part of that activity is carried out.

19.  A Part B installation where an activity falling within paragraph (e) of Part B of Section 2.2 is carried out does not include any location where the associated storage or handling of scrap which is to be heated as part of that activity is carried out, other than a location where scrap is loaded into a furnace.

20.  A Part B installation where an activity falling with paragraph (a) or (b) of Part B of Section 5.1 is carried out does not include any location where the associated storage or handling of wastes and residues which are to be incinerated as part of that activity is carried out, other than a location where the associated storage or handling of animal remains intended for burning in an incinerator used wholly or mainly for the incineration of such remains or residues from the burning of such remains in such an incinerator is carried out.

21.  A Part B installation where an activity falling within Part B of Section 6.4 is carried out does not include any location where the associated cleaning of used storage drums prior to painting or their incidental handling in connection with such cleaning is carried out.

22.  Where an installation is a Part A(1) installation, a Part A(2) installation or a Part B installation by virtue of the carrying out of an activity which is only carried out during part of a year that installation shall not cease to be such an installation during the parts of the year when that activity is not being carried out.

23.  Where an installation is authorised by a permit granted under these Regulations to carry out Part A(1) activities, Part A(2) activities or Part B activities which are described in Part 1 by reference to a threshold (whether in terms of capacity or otherwise), the installation shall not cease to be a Part A(1) installation, a Part A(2) installation, or a Part B installation, as the case may be, by virtue of the installation being operated below the relevant threshold unless the permit ceases to have effect in accordance with these Regulations.

24.  In this Part, “Part A(1) activity”, “Part A(2) activity” and “Part B activity” have the meaning given by paragraph 11 in Part 2 of this Schedule.

Regulation 3

SCHEDULE 2BEST AVAILABLE TECHNIQUES

1.  Subject to paragraph 2, in determining best available techniques special consideration shall be given to the following matters, bearing in mind the likely costs and benefits of a measure and the principles of precaution and prevention—

(1) the use of low-waste technology;

(2) the use of less hazardous substances;

(3) the furthering of recovery and recycling of substances generated and used in the process and of waste, where appropriate;

(4) comparable processes, facilities or methods of operation which have been tried with success on an industrial scale;

(5) technological advances and changes in scientific knowledge and understanding;

(6) the nature, effects and volume of the emissions concerned;

(7) the commissioning dates for new or existing installations or mobile plant;

(8) the length of time needed to introduce the best available technique;

(9) the consumption and nature of raw materials (including water) used in the process and the energy efficiency of the process;

(10) the need to prevent or reduce to a minimum the overall impact of the emissions on the environment and the risks to it;

(11) the need to prevent accidents and to minimise the consequences for the environment;

(12) the information published by the Commission pursuant to Article 16(2) of the Directive or by international organisations.

2.  Sub-paragraphs (1) to (3) and (9) to (12) shall not apply for the purposes of determining best available techniques in relation to Part B installations and Part B mobile plant.

Regulations 9 and 10(14)

SCHEDULE 3PRESCRIBED DATE AND TRANSITIONAL ARRANGEMENTS

PART 1:PART A INSTALLATIONS AND MOBILE PLANT

1.  The prescribed date for a new Part A installation or new Part A mobile plant is—

(a)where an application for a permit to operate the installation or mobile plant is duly made before 1st January 2001, the determination date for the installation or mobile plant;

(b)where no such application is made, 1st January 2001.

2.—(1) Subject to paragraph 4, the prescribed date for an existing Part A installation or existing Part A mobile plant is—

(a)where an application for a permit to operate the installation or mobile plant is duly made within the relevant period (or before the beginning of the relevant period where allowed under paragraph 5), the determination date for the installation or mobile plant;

(b)where no such application is made, the day after the date on which the relevant period expires.

(2) For the purpose of sub-paragraph (1) the relevant period for an existing Part A installation or existing Part A mobile plant is the period specified for that description of installation or mobile plant in the following table—

(3) For the purpose of sub-paragraph (2), where an activity falls within a description in Part A(1) of more than one Section of Part 1 of Schedule 1 or within a description in Part A(2) of more than one Section of Part 1 of Schedule 1 it shall be regarded as falling only within that description which fits it most aptly.

(4) Subject to sub-paragraph (5), where more than one activity falling within Part A(1) or A(2) of any Section in Part 1 of Schedule 1 is carried out in an existing Part A installation or using an existing Part A mobile plant, the relevant period for that installation or mobile plant shall be the period beginning with the earliest date listed against one of those activities in the table in sub-paragraph (2).

(5) Where more than one activity falling within Part A(1) or A(2) of any Section in Part 1 of Schedule 1 is carried out in an existing Part A installation, the operator of the installation may apply to the regulator to determine that the relevant period for the installation shall not be the period determined by sub-paragraph (4) but the later period listed in the table in sub-paragraph (2) against the primary activity of the installation.

(6) An application under sub-paragraph (5) shall be in writing and shall—

(a)identify the installation concerned;

(b)list the activities falling within Part A(1) or A(2) of any Section in Part 1 of Schedule 1 which are carried out in the installation;

(c)identify which of those activities the operator considers to be the primary activity,

and shall be submitted at least 3 months before the beginning of the period which would be the relevant period for the installation concerned under sub-paragraph (4).

(7) Where a regulator receives a duly made application under sub-paragraph (5) it shall, if it agrees with the operator that the activity identified pursuant to sub-paragraph (6)(c) is the primary activity, serve notice of this determination on the operator, and the period listed against that activity in sub-paragraph (2) shall be the relevant period for the installation.

(8) Where the regulator does not agree with the operator as mentioned in sub-paragraph (7) it shall serve notice of this determination on the operator and the relevant period for the installation shall be the period determined by sub-paragraph (4).

(9) A regulator shall serve notice of its determination of any application made under sub-paragraph (5) within 2 months of receiving the application.

(10) Where there is more than one operator of an installation, an application under sub-paragraph (5) shall be made by the operators of the installation jointly and the references in sub-paragraphs (6) to (8) to the operator shall be construed as a reference to all of the operators.

(11) For the purpose of sub-paragraphs (5) to (9) the primary activity of an installation is the activity the carrying out of which constitutes the primary purpose for operating the installation.

3.  For the purpose of paragraphs 1 and 2, where separate applications are made to operate different parts of a Part A installation—

(a)the date by which applications have been made in relation to all parts of the installation shall be treated as the date on which an application for a permit to operate the installation is made;

(b)an application for a permit to operate the installation shall only be treated as having been duly made if each of the separate applications are duly made;

(c)the determination date for the installation shall be, in relation to each part of the installation which is covered by a separate application, the determination date for that part of the installation.

4.—(1) Where there is a substantial change in the operation of an existing Part A installation on or after 31st October 1999 and before 1st January 2001, the prescribed date for that part of the installation affected by the change shall be—

(a)where an application for a permit authorising the operation of that part of the installation is duly made before 1st January 2001, the determination date for that part of the installation;

(b)where no such application is made, 1st January 2001.

(2) Where there is a substantial change in the operation of an existing Part A installation on or after 1st January 2001, the prescribed date for that part of the installation affected by the change shall be the date on which the change is made if earlier than the date which would be the prescribed date for the installation under paragraph 2.

5.—(1) Subject to sub-paragraph (2), an application for a permit to operate an existing Part A installation or Part A mobile plant shall not be made before the beginning of the relevant period for that installation or mobile plant without the consent of the regulator.

(2) Where an operator of an existing Part A installation proposes to make a substantial change in the operation of the installation he may make an application before the beginning of the relevant period for a permit to operate that part of the installation that will be affected by the substantial change.

6.  In this Part of this Schedule—

• “determination date” means—

  (a)

  for an installation, part of an installation or mobile plant in relation to which a permit is granted, the date on which it is granted, whether in pursuance of the application for the permit or, on an appeal, of a direction to grant it;

  (b)

  for an installation, part of an installation or mobile plant in relation to which a permit is refused and the applicant for the permit appeals against the refusal, the date of the affirmation of the refusal;

  (c)

  for an installation, part of an installation or mobile plant in relation to which a permit is refused and no appeal is made against the refusal, the date immediately following the last day, determined in accordance with paragraph 2 of Schedule 8, on which notice of appeal might have been given.

• “existing” means, in relation to a Part A installation or a Part A mobile plant—

  (a)

  an installation or mobile plant which is put in to operation before 31st October 1999; or

  (b)

  an installation or mobile plant which is put into operation on or after that date but before 31st October 2000, provided that—

  (i)

  the operation of the installation or mobile plant was authorised by the relevant authorisation before 31st October 1999; or

  (ii)

  an application for such authorisation was duly made before that date;

• “new” means, in relation to a Part A installation or a Part A mobile plant, an installation or plant which is put into operation on or after 31st October 1999 other than an existing Part A installation or Part A mobile plant;

• “relevant authorisation” means, in relation to the operation of a Part A installation or Part A mobile plant—

  (a)

  where the operation of the installation or mobile plant immediately before 31st October 1999 requires an authorisation under Part I of the Environmental Protection Act 1990, an authorisation under that Part of that Act;

  (b)

  where the operation of the installation or mobile plant immediately before 31st October 1999 requires a waste management licence under Part II of the Environmental Protection Act 1990, a waste management licence under that Part of that Act;

  (c)

  in any other case, planning permission granted under the Town and Country Planning Act 1990;

• “relevant period” shall be interpreted in accordance with paragraph 2.

PART 2:PART B INSTALLATIONS AND MOBILE PLANT

7.  The prescribed date for a new Part B installation or a new Part B mobile plant is the relevant date for that installation or mobile plant.

8.  The prescribed date for an existing Part B installation or existing Part B mobile plant is the determination date for that installation or mobile plant.

9.—(1) Subject to the following provisions of this paragraph, no application for a permit to operate an existing Part B installation or existing Part B mobile plant shall be made to the regulator.

(2) Where an operator of a Part B installation or a Part B mobile plant proposes to put the installation or mobile plant into operation during the period of four months ending on the relevant date for the installation or mobile plant, he may make an application for a permit to operate that installation or mobile plant.

(3) The operator of an existing Part B installation or existing Part B mobile plant shall, unless he has made an application to operate the installation or mobile plant under sub-paragraph (2), be deemed to have made an application for a permit to operate that installation or mobile plant on the relevant date for that installation or mobile plant.

(4) Where sub-paragraph (3) applies in relation to an existing Part B installation and different parts of the installation are operated by different operators, each operator shall be deemed to have been made an application to operate that part of the installation which he operates.

(5) Schedule 4 shall not apply to a deemed application under sub-paragraph (3).

(6) The regulator shall give notice of its determination of a deemed application under sub-paragraph (3) to the applicant within the period of 12 months beginning with the date on which the application is deemed to have been made and if the regulator fails to give notice of its determination within that period the application shall, if the applicant notifies the authority in writing that he treats the failure as such, be deemed to have been refused at the end of that period.

(7) Where sub-paragraph (3) applies the regulator shall, within 2 months of the date on which the application is deemed to have been made, notify the operator of the installation or mobile plant of the deemed application and of the requirements of sub-paragraph (6).

(8) Where separate applications are deemed to have been made under sub-paragraph (4) to operate different parts of a Part B installation the prescribed date for the installation shall be, in relation to each part of the installation covered by a separate application, the determination date for that part of the installation.

10.—(1) For the purpose of this Part of this Schedule the relevant date for a Part B installation or a Part B mobile plant is the date specified for that description of installation or mobile plant in the following table—

(2) For the purpose of sub-paragraph (1), where an activity falls within a description in Part B of more than one Section of Part 1 of Schedule 1 it shall be regarded as falling only within that description which fits it most aptly.

(3) Where more than one activity falling within Part B of any Section in Part 1 of Schedule 1 is carried out in an existing Part B installation or using an existing Part B mobile plant, and the activities have different relevant dates, the relevant date for that installation or mobile plant shall be the earliest of those dates.

11.  In this Part of this Schedule—

• “determination date” means—

  (a)

  for an installation, part of an installation or mobile plant in relation to which a permit is granted, the date on which it is granted, whether in pursuance of the application for the permit or, on an appeal, of a direction to grant it;

  (b)

  for an installation, part of an installation or mobile plant in relation to which a permit is refused and the applicant for the permit appeals against the refusal, the date of the affirmation of the refusal;

  (c)

  for an installation, part of an installation or mobile plant in relation to which a permit is refused and no appeal is made against the refusal, the date immediately following the last day, determined in accordance with paragraph 2 of Schedule 8, on which notice of appeal might have been given.

• “existing” means, in relation to a Part B installation or Part B mobile plant, an installation or mobile plant which is put into operation before the relevant date for that installation or mobile plant;

• “new” means, in relation to a Part B installation or Part B mobile plant, an installation or mobile plant which is put into operation on or after the relevant date for that installation or mobile plant;

• “relevant date” shall be interpreted in accordance with paragraph 10.

Regulation 10

SCHEDULE 4GRANT OF PERMITS

PART 1:APPLICATIONS FOR PERMITS

1.—(1) An application to a regulator for a permit under regulation 10 shall be in writing and, subject to paragraphs 2 and 3, shall contain the following information—

(a)the name of the applicant, his telephone number and address (including post code) and, if different, any address to which correspondence relating to the application should be sent and, if the applicant is a body corporate, its registered number, the address of its registered or principal office and, if that body corporate is a subsidiary of a holding company (within the meaning of section 736 of the Companies Act 1985(13)), the name of the ultimate holding company and the address of its registered or principal office;

(b)in the case of an application for a permit to operate an installation or Part A mobile plant, the address of the site of the installation or mobile plant and its national grid reference, a map or plan showing that site and, in the case of an installation, the location of the installation on that site, and the name of any local authority in whose area the site is situated;

(c)in the case of an application for a permit to operate a Part B mobile plant, the name of the local authority in whose area the applicant has his principal place of business and the address of that place of business or, where the operator of the mobile plant has his principal place of business outside of England and Wales, the name of the local authority in whose area the plant was first operated or, where the plant has not been operated in England and Wales, the local authority in whose area it is intended by the operator that the plant will first be operated;

(d)in the case of an application for a permit to operate a Part A installation or a Part A mobile plant, a site report containing the information required by sub-paragraph (2);

(e)a description of the installation or mobile plant, the activities listed in Part 1 of Schedule 1 to be carried out in the installation or by means of the mobile plant, and, in the case of an installation, any other directly associated activities to be carried out on the same site as the installation which will have a technical connection with those listed activities and which could have an effect on pollution;

(f)the raw and auxiliary materials and other substances and the energy to be used in or generated by the carrying out of the activities referred to in paragraph (e);

(g)the nature, quantities and sources of foreseeable emissions from the installation or mobile plant into each environmental medium, and a description of any foreseeable significant effects of the emissions on the environment;

(h)the proposed technology and other techniques for preventing or, where that is not practicable, reducing emissions from the installation or mobile plant;

(i)the proposed measures to be taken to monitor the emissions;

(j)a description of the measures to be taken for the prevention and recovery of waste generated by the operation of the installation or mobile plant;

(k)a description of any proposed additional measures to be taken to comply with the general principles set out in regulation 11;

(l)in the case of an application for a permit to operate a Part A installation, any relevant information obtained or conclusion arrived at in relation to the installation pursuant to articles 5, 6 and 7 of Council Directive 85/337/EEC on the assessment of the effects of certain public and private projects on the environment(14);

(m)in the case of an application for a permit to operate an installation or mobile plant covered by general binding rules, a statement as to whether the applicant wishes the aspects of the operation of the installation or mobile plant covered by the requirements in the rules to be subject to those requirements instead of conditions included in the permit pursuant to regulation 12;

(n)in the case of an application for a permit that will authorise the carrying out of a specified waste management activity at an installation or by means of mobile plant, any information which the applicant wishes the regulator to take into account when considering whether the applicant is a fit and proper person to carry out that activity;

(o)any additional information which the applicant wishes the regulator to take into account in considering the application;

(p)a non-technical summary of the information referred to in the previous sub-paragraphs.

(2) The site report required by paragraph 1(1)(d) shall describe the condition of the site of the installation or Part A mobile plant and shall, in particular, identify any substance in, on or under the land which may constitute a pollution risk.

2.  Paragraph 1(1)(f), (j) and (p) shall not apply in relation to an application for a permit to operate a Part B installation or a Part B mobile plant, and, in relation to such an application, the reference to emissions from the installation or mobile plant into each environmental medium in paragraph 1(1)(g) shall be read as a reference to emissions from the installation or mobile plant into the air.

3.—(1) Paragraph 1(1) shall apply in relation to an application for a permit to operate an installation involving the burning of waste oil in an appliance with a rated thermal input of less than 0.4 megawatts as if, in so far as the installation is concerned with the carrying out of that activity, the following sub-paragraphs were substituted for sub-paragraphs (e) to (h)—

“(e)the name and number, if any, of the appliance used for the burning of the waste oil, and the name of its manufacturer, its rated thermal input and whether or not it is constructed or adapted so as to comply with the specification for fixed, flued fan-assisted heaters in Part 2 of the specification for oil-burning air heaters published by the British Standards Institution and numbered BS 4256 1972;

(f)details of the type of fuel to be used and its source;

(g)details of the height and location of any chimney through which waste gases produced by the appliance would be carried away and details of the efflux velocity of the waste gases leaving such a chimney produced by the appliance in normal operation;

(h)details of the location of the fuel storage tanks of the appliance;”.

(2) In this paragraph and in paragraphs 8 and 10 “waste oil” has the same meaning as in Section 1.1 of Part 1 of Schedule 1.

4.  The regulator may, by notice to the applicant, require him to furnish such further information specified in the notice, within the period so specified, as the regulator may require for the purpose of determining the application and if the applicant fails to furnish the specified information within the period specified the application shall, if the regulator gives notice to the operator that it treats the failure as such, be deemed to have been withdrawn at the end of that period.

5.  Subject to paragraph 23, the applicant shall, within a period of 28 days beginning 14 days after the date on which his application is made, advertise the application—

(a)in the case of an application for a permit to operate an installation or Part A mobile plant, in one or more newspapers circulating in the locality in which the installation or mobile plant covered by the application will be operated;

(b)in the case of an application for a permit to operate a Part A installation or Part A mobile plant, in the London Gazette.

6.  An advertisement required by paragraph 5 shall:

(a)state the name of the applicant;

(b)in the case of an application for a permit to operate an installation or Part A mobile plant, state the address of the site of the installation or mobile plant;

(c)describe briefly the activities in Part 1 of Schedule 1 to be carried out in the installation or mobile plant;

(d)state that the application contains a description of any foreseeable significant effects of emissions from the installation or mobile plant on the environment;

(e)state where any register which contains particulars of the application may be inspected and that it may be inspected free of charge;

(f)explain that any person may make representations in writing to the regulator within the period of 28 days beginning with the date of the advertisement and give the regulator’s address for receiving the representations;

(g)explain that any such representations made by any person will be entered in a public register unless that person requests in writing that they should not be so entered, and that where such a request is made there will be included in the register a statement indicating only that representations have been made which have been the subject of such a request.

7.  Where an application is for a permit to operate more than one installation or mobile plant the application and the advertisement required by paragraph 5 shall contain the information required by paragraphs 1 and 6 respectively in relation to each installation or mobile plant.

8.  Paragraph 5 shall not apply in relation to an application for a permit to operate an installation involving only the burning of waste oil in an appliance with a rated thermal input of less than 0.4 megawatts or the carrying out of an activity falling within paragraph (d) of Part B of Section 1.2 of Part 1 of Schedule 1 (unloading of petrol at service stations).

PART 2:DETERMINATION OF APPLICATIONS

9.—(1) Subject to paragraph 23, the regulator shall, within 14 days of receiving an application for a permit, give notice of the application, enclosing a copy of it, to the following persons—

(a)in the case of an application for a permit to operate an installation or Part A mobile plant, the Health Authority in whose area the installation or mobile plant will be operated;

(b)in the case of an application for a permit to operate a Part A installation or Part A mobile plant—

(i)the Food Standards Agency(15);

(ii)where the operation of the installation or mobile plant may involve the release of any substance into a sewer vested in a sewerage undertaker, that undertaker;

(iii)where the operation of the installation or mobile plant may involve an emission which may affect a site of special scientific interest or a European site, the Nature Conservancy Council for England, where the site is in England, the Countryside Council for Wales, where the site is in Wales, and Scottish National Heritage, where the site is in Scotland(16);

(iv)where the operation of the installation or mobile plant may involve the release of any substance into a harbour managed by a harbour authority, that harbour authority;

(v)where the operation of the installation or mobile plant may involve the release of any substance directly into relevant territorial waters or coastal waters within the sea fisheries district of a local fisheries committee, that committee;

(vi)where the application will be determined by the Environment Agency, the local authority regulator in whose area the installation or mobile plant will be operated;

(vii)where the application will be determined by a local authority regulator, the Environment Agency;

(viii)where the operation of the installation or mobile plant will involve the carrying out of a specified waste management activity, the relevant planning authority;

(ix)where the installation or the mobile plant will be operated in Wales, the Secretary of State for Wales;

(c)in the case of an application for a permit to operate a Part B installation where the operation of the installation may involve an emission which may affect a site of special scientific interest or a European site, the Nature Conservancy Council for England, where the site is in England, the Countryside Council for Wales, where the site is in Wales, and Scottish National Heritage, where the site is in Scotland;

(d)in the case of an application for a permit to operate a Part A installation or a Part B installation on a site in respect of which a nuclear site licence is required under section 1 of the Nuclear Installations Act 1965(17), a major accident prevention policy document is required under regulation 5 of the Control of Major Accident Hazards Regulations 1999(18) or a safety report is required under regulation 7 of those Regulations, the Health and Safety Executive(19);

(e)in the case of an application for a permit to operate a Part B installation involving only the carrying out of an activity falling within paragraph (d) of Part B of Section 1.2 of Part 1 of Schedule 1 (unloading of petrol at service stations), the petroleum licensing authority for that installation;

(f)in the case of all applications, such other persons as the Secretary of State may direct.

(2) In sub-paragraph (1)—

• “European site” has the same meaning as in regulation 10(1) of the Conservation (Natural Habitats, &c.) Regulations 1994(20);

• “harbour authority” has the same meaning as in section 57(1) of the Harbours Act 1964(21);

• “health authority” means an authority established under section 8 of the National Health Service Act 1977(22);

• “local fisheries committee” means a committee constituted under section 1(1)(c) of the Sea Fisheries Regulation Act 1966(23) and the reference to the sea fisheries district of such a committee refers to the district of that committee created under section 1(1)(a) of that Act;

• “petroleum licensing authority” means a local authority empowered to grant petroleum spirit licences under the Petroleum (Consolidation) Act 1928(24);

• “relevant planning authority” means, in relation to an application for a permit to operate an installation which will involve the carrying out of a specified waste management activity, the authority to whom it would fall to determine an application for planning permission authorising the use of the application site for the carrying out of that activity under the Town and Country Planning Act 1990 (assuming that there was no direction under section 77 of that Act(25) (reference of applications to the Secretary of State)).

10.  Paragraph 9 shall not apply in relation to an application for a permit to operate an installation involving only the burning of waste oil in an appliance with a rated thermal input of less than 0.4 megawatts.

11.—(1) If the regulator proposes to grant a permit subject to an off-site condition, it shall, before granting the permit, give a notice which complies with sub-paragraph (2) to every person appearing to it to be a person falling within sub-paragraph (3).

(2) A notice served under sub-paragraph (1) shall—

(a)set out the off-site condition in question;

(b)indicate the nature of the works or things which that condition might require the holder of the permit to carry out or do; and

(c)specify the period allowed for the purpose of paragraph 12 for making representations to the regulator relating to the condition or its possible effects and the manner in which any such representations are to be made.

(3) A person falls within this sub-paragraph if—

(a)he is the owner, lessee or occupier of land; and

(b)that land is land in relation to which it is likely that, as a consequence of the permit being issued subject to the off-site condition in question, rights will have to be granted by virtue of regulation 12(12) to the holder of the permit.

(4) In sub-paragraph (2), “owner” means the person who—

(a)is for the time being receiving the rack-rent of the land, whether on his own account or as agent or trustee for another person; or

(b)would receive the rack-rent if the land were let at a rack-rent,

but does not include a mortgagee not in possession.

12.—(1) Any representations made by any persons within the period allowed shall be considered by the regulator in determining the application.

(2) For the purpose of sub-paragraph (1), the period allowed for making representations is:

(a)in the case of any person to whom notice is given pursuant to paragraph 9 or 11, the period of 28 days beginning with the date on which notice is given under the relevant paragraph;

(b)in the case of any other person, the period of 28 days beginning with the date on which the application is advertised pursuant to paragraph 5.

13.  In the case of an application for a permit to operate a Part A installation, any relevant information obtained or conclusion arrived at pursuant to Articles 5, 6 and 7 of Council Directive 85/337/EEC on the assessment of the effects of certain public and private projects on the environment in relation to the installation shall be taken into consideration by the regulator in determining the application.

14.—(1) The Secretary of State may give directions to the regulator requiring that any particular application or any class of applications for a permit shall be referred to him for determination pending a further direction under sub-paragraph (6).

(2) The regulator shall inform the applicant of the fact that his application is being referred to the Secretary of State and forward to the Secretary of State any representations which have been made to the regulator within the period allowed.

(3) Where an application for a permit is referred to him under sub-paragraph (1), the Secretary of State may afford the applicant and the regulator an opportunity of appearing before and being heard by a person appointed by him and he shall do so in any case where a request is duly made by the applicant or the regulator to be so heard.

(4) A request under sub-paragraph (3) shall be in writing and shall be made within the period of 21 days beginning with the day on which the applicant is informed that the application is being referred to the Secretary of State.

(5) Sub-paragraphs (2) to (10) of paragraph 4 of Schedule 8 shall apply to a hearing held under sub-paragraph (3) as they apply to a hearing held under paragraph 4(1) of that Schedule, but with the following modifications—

(a)with the substitution in sub-paragraph (3) for the reference to the appellant of a reference to the applicant;

(b)with the substitution in sub-paragraph (4)—

(i)for the reference to the appeal of a reference to the application; and

(ii)for the reference to every person mentioned in paragraph 3(1)(a) of Schedule 8 and every person mentioned in paragraph 3(1)(b) and (c) of that Schedule who has made representations in writing to the Secretary of State of a reference to every person who was required to be given notice under paragraph 9 of this Schedule and to any person who made representations to the regulator with respect to the subject matter of the application;

(c)with the substitution in sub-paragraph (7)—

(i)for the reference in sub-paragraph (7)(a) to the appellant of a reference to the applicant;

(ii)for the reference in sub-paragraph (7)(c) to any person required under paragraph 3(1)(a) of Schedule 8 to be notified of the appeal of a reference to any person required under paragraph 9 of this Schedule to be notified of the application.

(6) The Secretary of State shall, on determining any application transferred to him under this paragraph, give to the regulator such a direction as he thinks fit as to whether it is to grant the application and, if so, as to the conditions that are to be attached to the permit.

15.—(1) Except in a case where an application has been referred to the Secretary of State under paragraph 14 and subject to paragraph 18, the regulator shall give notice of its determination of an application for a permit within the period of four months beginning with the day on which it received the application or within such longer period as may be agreed with the applicant.

(2) For the purpose of calculating the period of four months mentioned in sub-paragraph (1) no account shall be taken of—

(a)any period beginning with the date on which notice is served on the applicant under paragraph 4 and ending on the date on which the applicant furnishes the information specified in the notice;

(b)any period allowed for making representations in relation to a notice given pursuant to paragraph 11 in so far as that period does not overlap with any other period allowed for making representations in accordance with paragraph 12;

(c)where a matter falls to be determined under regulation 30 or 31, any period beginning with the date on which the period of 28 days referred to in paragraph 5 ends and ending on the date on which the application is advertised in accordance with paragraph 23(a).

16.  If the regulator fails to give notice of its determination of an application for a permit within the period allowed by or under paragraph 15, the application shall, if the applicant notifies the authority in writing that he treats the failure as such, be deemed to have been refused at the end of that period.

17.  Where the Secretary of State is aware that the operation of an installation carrying out an activity listed in Annex I to the Directive in England or Wales is likely to have significant negative effects on the environment of another member State, or where another member State likely to be significantly affected so requests, the Secretary of State shall forward a copy of the application to operate that installation to the other member State at the same time as the application is advertised pursuant to paragraph 5 (or as soon as he becomes so aware or receives such a request, if he becomes so aware or receives such a request after the application is advertised but before the application is determined) in order that the application may serve as the basis for any consultations necessary in the framework of the bilateral relations between the United Kingdom and the other member State on a reciprocal and equivalent basis, as referred to in Article 17 of the Directive.

18.—(1) Where an application is forwarded to another member State pursuant to paragraph 17 the Secretary of State shall notify the applicant and the regulator and, in a case where the application has not been referred to the Secretary of State under paragraph 14—

(a)the regulator shall not determine the application until the Secretary of State has notified it in writing that the bilateral consultations mentioned in paragraph 17 have been completed and has forwarded to it any representations duly made on the application by persons in the other member State which have been forwarded to the Secretary of State; and

(b)the period of four months within which to give notice of determination of the application set out in paragraph 15 shall begin on the date on which the regulator receives the Secretary of State’s notification that the bilateral consultations have been completed.

(2) In determining an application which is forwarded to another member State pursuant to paragraph 17 the regulator, or the Secretary of State if the application has been referred to him, shall take into consideration any representations duly made in the other member State which have been forwarded to the Secretary of State.

19.  In paragraphs 17 and 18, “member state” shall be taken to include Norway, Iceland and Liechtenstein(26).

PART 3:NATIONAL SECURITY AND CONFIDENTIAL INFORMATION

20.  The requirements of paragraph 5 of this Schedule shall not apply in so far as they would require the advertisement of information mentioned in paragraph 6 which is not to be included in the register by virtue of regulation 30 or 31.

21.  Subject to paragraph 22, the requirements of paragraph 9(1)(b)(ii), (iii) and (iv) and (c) shall not apply in so far as they would require a person mentioned in any of those provisions to be given information which is not included in the register by virtue of regulation 30 or 31.

22.  Paragraph 21 does not apply in so far as—

(a)in the case of a person mentioned in paragraph 9(1)(b)(ii), the information is about the release of any substance into a sewer vested in that person;

(b)in the case of a person mentioned in paragraph 9(1)(b)(iii) and (c), the information is about the release of any substance which may affect a site of special scientific interest or European site (as defined in paragraph 9(2));

(c)in the case of a person mentioned in paragraph 9(1)(b)(iv), the information is about the release of any substance into a harbour managed by that person.

23.  Where a matter falls to be determined under regulation 30 or 31—

(a)the period within which an advertisement is to be published under paragraph 5 shall be 28 days beginning 14 days after the day on which the matters to be determined under those regulations are finally disposed of;

(b)the period for notification under paragraph 9(1) of this Schedule shall be the period of 14 days beginning 14 days after the day on which the matters to be determined under those regulations are finally disposed of.

24.  For the purpose of paragraph 23, the matters to be determined under regulation 30 or 31 are finally disposed of—

(a)in a case where the Secretary of State determines under regulation 30 whether or not information is to be included in the register, on the date on which the Secretary of State so determines;

(b)in a case where the regulator determines under regulation 31(2) or (5) that the information in question is commercially confidential, on the date of the regulator’s determination;

(c)in a case where the regulator determines under regulation 31(2) or (5) that the information in question is not commercially confidential, on the date on which the period for bringing an appeal expires without an appeal being brought or, if such an appeal is brought within that period, on the date of the Secretary of State’s final determination of the appeal or, as the case may be, the date on which the appeal is withdrawn.

Regulation 12(2)

SCHEDULE 5POLLUTANTS

Indicative list of the main polluting substances to be taken into account if they are relevant for fixing emission limit values

AIR

1.  Sulphur dioxide and other sulphur compounds.

2.  Oxides of nitrogen and other nitrogen compounds.

3.  Carbon monoxide.

4.  Volatile organic compounds.

5.  Metals and their compounds.

6.  Dust.

7.  Asbestos (suspended particulates, fibres).

8.  Chlorine and its compounds.

9.  Fluorine and its compounds.

10.  Arsenic and its compounds.

11.  Cyanides.

12.  Substances and preparations which have been proved to possess carcinogenic or mutagenic properties or properties which may affect reproduction via the air.

13.  Polychlorinated dibenzodioxins and polychlorinated dibenzofurans.

WATER

1.  Organohalogen compounds and substances which may form such compounds in the aquatic environment.

2.  Organophosphorus compounds.

3.  Organotin compounds.

4.  Substances and preparations which have been proved to possess carcinogenic or mutagenic properties or properties which may affect reproduction in or via the aquatic environment.

5.  Persistent hydrocarbons and persistent and bioaccumulable organic toxic substances.

6.  Cyanides.

7.  Metals and their compounds.

8.  Arsenic and its compounds.

9.  Biocides and plant health products.

10.  Materials in suspension.

11.  Substances which contribute to eutrophication (in particular, nitrates and phosphates).

12.  Substances which have an unfavourable influence on the oxygen balance (and can be measured using parameters such as BOD, COD, etc.).

Regulation 12(13)

SCHEDULE 6COMPENSATION IN RELATION TO OFF-SITE CONDITIONS

1.—(1) This Schedule applies in any case where—

(a)an operator is required by an off-site condition in his permit to carry out works or do other things in relation to land not forming part of the site of the installation or mobile plant notwithstanding that he is not entitled to carry out the works or do the things;

(b)a person whose consent is required has, pursuant to the requirements of regulation 12(12), granted, or joined in granting, to the operator any rights in relation to the land; and

(c)those rights, or those rights together with other rights, are such as will enable the operator to comply with any requirements imposed on him by the off-site condition.

(2) In this Schedule—

“grantor” means a person mentioned in sub-paragraph (1)(b);

“relevant interest” means an interest in land out of which rights have been granted pursuant to the requirements of regulation 12(12).

2.  In a case where this Schedule applies, any person who has granted, or joined in granting, the rights in question shall be entitled to be paid compensation under this Schedule by the operator.

3.  Subject to paragraph 6(3) and (5)(b), compensation shall be payable under this Schedule for loss and damage of the following descriptions—

(a)depreciation in the value of any relevant interest to which the grantor is entitled which results from the grant of the rights;

(b)depreciation in the value of any other interest in land to which the grantor is entitled which results from the exercise of the rights;

(c)loss or damage, in relation to any relevant interest to which the grantor is entitled, which—

(i)is attributable to the grant of the rights or the exercise of them;

(ii)does not consist of depreciation in the value of that interest; and

(iii)is loss or damage for which he would have been entitled to compensation by way of compensation for disturbance if that interest had been acquired compulsorily under the Acquisition of Land Act 1981(27) in pursuance of a notice to treat served on the date on which the rights were granted;

(d)damage to, or injurious affection of, any interest in land to which the grantor is entitled which is not a relevant interest, and which results from the grant of the rights or the exercise of them;

(e)loss in respect of work carried out by or on behalf of the grantor which is rendered abortive by the grant of the rights or the exercise of them.

4.—(1) Subject to sub-paragraph (2), an entitlement to compensation under this Schedule arises on the date of the grant of the rights.

(2) Where, after a grant of rights pursuant to regulation 12(12), the conditions of the permit which rendered the grant of rights necessary are upheld on the final determination of an appeal against those conditions, the entitlement to compensation arises on the date of the final determination of the appeal.

5.—(1) An application for compensation under this Schedule shall be made by the grantor—

(a)within 12 months from the date on which the entitlement to compensation arises in his case; or, as he may decide,

(b)within six months from the date on which the rights are first exercised.

(2) An application shall be made in writing to the operator to whom the rights were granted and delivered at or sent by pre-paid post to the last known address for correspondence of that person.

(3) The application shall contain, or be accompanied by—

(a)a copy of the grant of rights in respect of which the grantor’s entitlement arises, and of any plans attached to that grant,

(b)a description of the exact nature of any interest in land in respect of which compensation is applied for,

(c)a statement of the amount of compensation applied for, distinguishing the amounts applied for under each of sub-paragraphs (a) to (e) of paragraph 3, and showing how the amount applied for under each sub-paragraph has been calculated, and

(d)where the date on which the entitlement to compensation arises is ascertained in accordance with paragraph 4(2), a copy of the notice of the final determination of the appeal.

6.—(1) The amount to be paid by way of compensation under this Schedule shall be assessed in accordance with the following sub-paragraphs.

(2) The rules set out in section 5 of the Land Compensation Act 1961(28) (rules for assessing compensation) shall, so far as applicable and subject to any necessary modifications, have effect for the purposes of this paragraph as they have effect for the purpose of assessing compensation for the compulsory acquisition of an interest in land.

(3) No account shall be taken of any enhancement of the value of any interest in land, by reason of any building erected, work done or improvement or alteration made on any land in which the grantor is, or was at the time of erection, doing or making, directly or indirectly concerned, if the Lands Tribunal is satisfied that the erection of the building, the doing of the work, the making of the improvement or the alteration was not reasonably necessary and was undertaken with a view to obtaining compensation or increased compensation.

(4) In calculating the amount of any loss under paragraph 3(e) expenditure incurred in the preparation of plans or on other similar preparatory matters, shall be taken into account.

(5) Where the interest in respect of which compensation is to be assessed is subject to a mortgage—

(a)the compensation shall be assessed as if the interest were not subject to the mortgage, and

(b)no compensation shall be payable in respect of the interest of the mortgagee (as distinct from the interest which is subject to the mortgage).

(6) Compensation under this Schedule shall include an amount equal to the grantor’s reasonable valuation and legal expenses.

7.—(1) Compensation payable under this Schedule in respect of an interest which is subject to a mortgage shall be paid to the mortgagee or, if there is more than one mortgagee, to the first mortgagee and shall, in either case, be applied by him as if it were proceeds of sale.

(2) Amounts of compensation determined under this Schedule shall be payable—

(a)where the operator and the grantor or mortgagee agree that a single payment is to be made on a specified date, on that date;

(b)where the operator and the grantor or mortgagee agree that payment is to be made in instalments at different dates, on the date agreed as regards each instalment;

(c)in any other case, subject to any direction of the Lands Tribunal or the court, as soon as reasonably practicable after the amount of the compensation has been finally determined.

(3) Any question of the application of paragraph 6(3) or of disputed compensation shall be referred to and determined by the Lands Tribunal.

(4) In relation to the determination of any such question, sections 2 and 4 of the Land Compensation Act 1961 (procedure on reference to the Lands Tribunal and costs) shall apply as if—

(a)the reference in section 2(1) of that Act to section 1 of that Act were a reference to sub-paragraph (3) of this paragraph, and

(b)references in section 4 of that Act to the acquiring authority were references to the operator.

8.—(1) Compensation payable under this Schedule shall carry interest at the rate for the time being prescribed under section 32 of the Land Compensation Act 1961(29) from the date specified in sub-paragraph (2) until payment.

(2) The date specified in this sub-paragraph is—

(a)in the case of compensation payable by virtue of paragraph 3(a) or (b), the date of depreciation;

(b)in the case of compensation payable by virtue of paragraph 3(c), (d) or (e), the date on which the loss is sustained or the damage done or, where injurious affection is sustained, the date of the injurious affection;

(c)in the case of compensation payable by virtue of paragraph 6(6), the date on which the expenses become payable.

(3) If it appears to any person that he may become liable to pay to another compensation under this Schedule or interest under this paragraph he may, if the other person requests him in writing to do so, make one or more payments on account of such compensation or interest.

(4) If, after a payment has been made by any person under sub-paragraph (3)—

(a)it is agreed or determined that he is not liable to pay compensation or interest; or

(b)by reason of any agreement or determination, any payment under that sub-paragraph is shown to be excessive,

the payment or, as the case may be, excess shall be recoverable by that person.

Regulation 17

SCHEDULE 7VARIATION OF CONDITIONS

PART 1:APPLICATIONS FOR VARIATION OF CONDITIONS

1.  An application under regulation 17(2) for the variation of the conditions of a permit shall be in writing and shall contain the following information—

(a)the name of the operator, his telephone number and address (including post code) and, if different, the address to which correspondence relating to the application should be sent;

(b)in the case of a permit to operate an installation or Part A mobile plant, the address of the site of the installation or mobile plant to which the permit applies;

(c)if appropriate, a description of the proposed change in the operation of the installation or mobile plant requiring the variation and a statement of any changes as respects the matters dealt with in paragraph 1(1)(f) to (k) of Schedule 4 which would result if the proposed change were made;

(d)in the case of a variation required by a proposed substantial change in the operation of a Part A installation, any relevant information obtained or conclusion arrived at in relation to the proposed change pursuant to articles 5, 6 and 7 of Council Directive 85/337/EEC on the assessment of the effects of certain public and private projects on the environment(30);

(e)an indication of the variations to the conditions of the permit which the operator wishes the regulator to make;

(f)any additional information which the operator wishes the regulator to take into account in considering his application.

2.  If a proposed change in the operation of a Part A installation or Part A mobile plant will result in additional land being included within the site of the installation or mobile plant, the application shall also contain a site report for that additional land describing the condition of the land, in particular, identifying any substance in, on or under the land which may constitute a pollution risk.

3.  The regulator may, by notice to the operator, require him to furnish such further information specified in the notice, within the period so specified, as the regulator may require for the purpose of determining the application and if the operator fails to furnish the specified information within the period specified the application shall, if the regulator gives notice to the operator that it treats the failure as such, be deemed to have been withdrawn at the end of that period.

PART 2:DETERMINATION OF APPLICATIONS FOR VARIATIONS AND VARIATION NOTICES

4.—(1) Subject to sub-paragraphs (3) and (4), this paragraph applies where—

(a)an application is made for the variation of the conditions of a permit under regulation 17(2) which will authorise a substantial change in the operation of an installation or mobile plant; or

(b)the regulator proposes to serve a variation notice under regulation 17(5) otherwise than for the purposes of determining an application mentioned in paragraph (a) and the variation will authorise a substantial change in the operation of an installation or mobile plant.

(2) Subject to sub-paragraphs (3) and (4), this paragraph shall also apply where an application is made for the variation of the conditions of a permit under regulation 17(2) or the regulator proposes to serve a variation notice under regulation 17(5) and the regulator determines that in the particular circumstances the procedure set out in the following sub-paragraphs should be followed even though no substantial change is involved (so that paragraph (1) does not apply).

(3) This paragraph shall not apply where the regulator proposes to serve a variation notice—

(a)which has been modified to take account of representations made in accordance with this paragraph in relation to the regulator’s previous proposal to serve the notice without the modifications; or

(b)in order to comply with a direction given by the Secretary of State.

(4) This paragraph shall not apply in relation to an application for the variation of the conditions of a permit or a proposed variation notice relating to an installation involving only the burning of waste oil (as defined in Section 1.1 of Part 1 of Schedule 1) in an appliance with a rated thermal input of less than 0.4 megawatts.

(5) Where this paragraph applies the regulator shall—

(a)notify the operator that the paragraph applies by virtue of sub-paragraph (1) or a determination under sub-paragraph (2), as the case may be, and of any fee prescribed in respect of the variation on the application of this paragraph under section 41 of the Environment Act 1995 or regulation 22;

(b)in the case of a proposed variation notice, serve a copy of the proposed notice on the operator;

(c)give notice of the application or proposed variation notice, enclosing a copy of it, to the persons to whom notice would have to be given in accordance with paragraph 9 of Schedule 4 in the case of an application for a permit to operate the installation or mobile plant.

(6) In the case of an application to which this paragraph applies—

(a)the regulator shall, subject to paragraph 15(a), comply with sub-paragraph (5) within 14 days of receiving the application;

(b)if the applicant does not pay to the regulator any fee notified under sub-paragraph (5)(a) within 28 days of the notification the application shall be deemed to have been withdrawn.

(7) For the purpose of calculating the period of 14 days mentioned in sub-paragraph (6)(a) no account shall be taken of any period beginning with the date on which notice is served on an operator under paragraph 3 and ending on the date on which the operator furnishes the information specified in the notice.

(8) Subject to paragraph 15(b), an operator notified under sub-paragraph (5)(a) shall, within 28 days beginning on the day on which the notification is made, advertise the application or proposed variation notice, as the case may be—

(a)in the case of a variation affecting the operation of an installation or Part A mobile plant, in one or more newspapers circulating in the locality in which the installation or mobile plant is operated;

(b)in the case of a Part A installation or Part A mobile plant, in the London Gazette.

(9) An advertisement required by sub-paragraph (8) shall—

(a)state the name of the operator;

(b)in the case of a variation affecting the operation of an installation or Part A mobile plant, state the address of the site of the installation or mobile plant concerned;

(c)describe briefly the activities in Part 1 of Schedule 1 carried out in the installation or by means of the mobile plant and the change in the operation of the installation or mobile plant that will be authorised by the variation;

(d)state where any register which contains particulars of the application or proposed variation notice may be inspected and that it may be inspected free of charge;

(e)explain that any person may make representations in writing to the regulator within the period of 28 days beginning with the date of the advertisement and give the regulator’s address for receiving the representations;

(f)explain that any such representations made by any person will be entered in a public register unless that person requests in writing that they should not be so entered, and that where such a request is made there will be included in the register a statement indicating only that representations have been made which have been the subject of such a request.

(10) Sub-paragraph (8) shall not apply in relation to an application for the variation of the conditions of a permit or a proposed variation notice relating to an installation which is only used to carry out an activity falling within paragraph (d) of Part B of Section 1.2 of Part 1 of Schedule 1 (unloading of petrol at service stations).

(11) Any representations made by any person within the period allowed shall be considered by the regulator in determining the application or before serving the variation notice.

(12) For the purpose of sub-paragraph (11), the period allowed for making representations is—

(a)in the case of persons notified pursuant to sub-paragraph (5)(c), the period of 28 days beginning with the date on which notice of the application or proposed variation notice is given under that sub-paragraph;

(b)in the case of other persons, the period of 28 days beginning with the date on which the application or proposed variation notice is advertised pursuant to sub-paragraph (8).

(13) Where this paragraph applies by virtue of sub-paragraph (1) to a variation affecting the operation of a Part A installation, any relevant information obtained or conclusion arrived at pursuant to Articles 5, 6 and 7 of Council Directive 85/337/EEC on the assessment of the effects of certain public and private projects on the environment in relation to the substantial change shall be taken into consideration by the regulator in determining the application or before serving the variation notice.

5.—(1) If the regulator proposes to serve a variation notice which will result in the inclusion of an off-site condition in the permit concerned, it shall, before serving the variation notice, give a notice which complies with sub-paragraph (3) to every person appearing to it to be a person falling within sub-paragraph (2).

(2) A person falls within this sub-paragraph if—

(a)he is the owner, lessee or occupier of land; and

(b)that land is land in relation to which it is likely that, as a consequence of the off-site condition in question, rights will have to be granted by virtue of regulation 12(12) to the holder of the permit.

(3) A notice served under sub-paragraph (1) shall—

(a)set out the off-site condition in question;

(b)indicate the nature of the works or things which that condition might require the holder of the permit to carry out or do; and

(c)specify a period, not being less than 28 days beginning on the date on which the notice is served, in which representations may be made to the regulator relating to the condition or its possible effects and the manner in which any such representations are to be made.

(4) In sub-paragraph (2), “owner” means the person who—

(a)is for the time being receiving the rack-rent of the land, whether on his own account or as agent or trustee for another person; or

(b)would receive the rack-rent if the land were let at a rack-rent,

but does not include a mortgagee not in possession.

(5) Any representations made by a person notified under sub-paragraph (1) within the period of 28 days beginning with the date on which notice was given under that sub-paragraph shall be considered by the regulator before serving the variation notice.

6.—(1) The Secretary of State may give directions to the regulator requiring that any particular application under regulation 17(2) or any class of such applications shall be referred to him for determination pending a further direction under sub-paragraph (6).

(2) The regulator shall inform the operator of the fact that his application is being referred to the Secretary of State and forward to the Secretary of State any representations which have been made to the regulator within the period allowed.

(3) Where an application for the variation of the conditions of a permit is referred to him under sub-paragraph (1) the Secretary of State may afford the operator and the regulator an opportunity of appearing before and being heard by a person appointed by him and he shall do so in any case where a request is duly made by the operator or the regulator to be so heard.

(4) A request under sub-paragraph (3) shall be in writing and shall be made within the period of 21 days beginning with the day on which the operator is informed that his application is being transmitted to the Secretary of State.

(5) Paragraphs 4(2) to (10) of Schedule 8 shall apply to a hearing held under sub-paragraph (3) as they apply to a hearing held under paragraph 4(1) of that Schedule but with the following modifications—

(a)with the substitution in sub-paragraph (3) for the reference to the appellant of a reference to the operator;

(b)with the substitution in sub-paragraph (4)—

(i)for the reference to the appeal of a reference to the application; and

(ii)for the reference to every person mentioned in paragraph 3(1)(a) of Schedule 8 and every person mentioned in paragraph 3(1)(b) and (c) of that Schedule who has made representations in writing to the Secretary of State of a reference to every person who was required to be notified under paragraph 4(5)(c) of this Schedule and to any person who made representations to the regulator with respect to the subject matter of the application;

(c)with the substitution in sub-paragraph (7)—

(i)for the reference in sub-paragraph (7)(a) to the appellant of a reference to the operator;

(ii)for the reference in sub-paragraph (7)(c) to any person required under paragraph 3(1)(a) of Schedule 8 to be notified of the appeal of a reference to any person required under paragraph 4(5)(c) of this Schedule to be notified of the application.

(6) The Secretary of State shall, on determining any application referred to him under this paragraph, give to the regulator such a direction as he thinks fit as to whether it is to grant the application and, if so, as to the conditions that are to be attached to the permit by means of the variation notice.

7.—(1) Except in a case where an application has been referred to the Secretary of State under paragraph 6 and subject to paragraph 10, the regulator shall give notice of its determination of an application under regulation 17(2)—

(a)where the consultation and advertising procedure set out in paragraph 4 applies, within the period of four months beginning with the day on which the regulator received the application;

(b)where that procedure does not apply, within the period of three months beginning with the day on which the regulator received the application,

or, in either case, within such longer period as may be agreed with the operator.

(2) For the purpose of calculating the periods mentioned in sub-paragraphs (1)(a) and (b) no account shall be taken of—

(a)any period beginning with the date on which notice is served on an operator under paragraph 3 and ending on the date on which the operator furnishes the information specified in the notice;

(b)any period allowed for making representations in relation to a notice given pursuant to paragraph 5 in so far as that period does not overlap with any other period allowed for making representations in accordance with paragraph 4(12);

(c)where a matter falls to be determined under regulation 30 or 31, any period beginning with the date on which the period of 28 days referred to in paragraph 4(8) ends and ending on the date on which the application is advertised in accordance with paragraph 15(b).

8.  If the regulator fails to give notice of its determination of an application for a permit within the period allowed by or under paragraph 7, the application shall, if the operator notifies the authority in writing that he treats the failure as such, be deemed to have been refused at the end of that period.

9.  Where the Secretary of State is aware that an application or proposal to serve a variation notice mentioned in paragraph 4(1) relates to a substantial change in the operation of an installation carrying out activities listed in Annex I to the Directive in England and Wales which is likely to have significant negative effects on the environment of another member State, or where another member State likely to be significantly affected so requests, the Secretary of State shall forward a copy of the application or proposed variation notice to the other member State at the same time as it is advertised pursuant to paragraph 4(8) (or as soon as he becomes so aware or receives such a request, if he becomes so aware or receives such a request after the application or proposed variation notice is published but before the application is determined or the variation notice is served) in order that the application or proposed variation notice may serve as the basis for any consultations necessary in the framework of the bilateral relations between the United Kingdom and the other member State on a reciprocal and equivalent basis, as referred to in Article 17 of the Directive.

10.  Where an application or proposal to serve a variation notice is forwarded to another member State pursuant to paragraph 9 the Secretary of State shall notify the operator of the installation concerned and the regulator and—

(a)the regulator shall not determine the application (where the application has not been referred to the Secretary of State under paragraph 6) or serve the variation notice until the Secretary of State has notified it in writing that the bilateral consultations required by paragraph 9 have been completed and has forwarded to it any representations duly made on the application or proposed variation by persons in the other member State which have been forwarded to the Secretary of State; and,

(b)in the case of an application to be determined by the regulator, the period of four months within which to determine the application set out in paragraph 7(1)(a) shall begin on the day on which the regulator receives the Secretary of State’s notification that the bilateral consultations have been completed.

11.  In determining an application or before serving a variation notice which has been forwarded to another member State pursuant to paragraph 9, the regulator, or, in the case of an application, the Secretary of State if the application has been referred to him, shall take into consideration any representations duly made in the other member State which have been forwarded to the Secretary of State.

12.  In paragraphs 9 to 11, “member State” shall be taken to include Norway, Iceland and Liechtenstein.

PART 3:NATIONAL SECURITY AND CONFIDENTIAL INFORMATION

13.  The requirements of paragraph 4(8) of this Schedule shall not apply in so far as they would require the advertisement of information mentioned in paragraph 4(9) which is not to be included in the register by virtue of regulation 30 or 31.

14.  Paragraphs 21 and 22 of Schedule 4 shall apply in relation to the requirement to give notice under paragraph 4(5)(c) of this Schedule as they apply to the requirement to give notice under paragraph 9 of that Schedule.

15.  Where a matter falls to be determined under regulation 30 or 31—

(a)the period for notification under paragraph 4(5)(c) of this Schedule shall be the period of 14 days beginning 14 days after the day on which the matters to be determined under those regulations are finally disposed of;

(b)the period within which an advertisement is to be published under paragraph 4(8) shall be 28 days beginning 14 days after the day on which the matters to be determined under those regulations are finally disposed of.

16.  Paragraph 24 of Schedule 4 shall apply for the purpose of paragraph 15 as it applies for the purpose of paragraph 23 of that Schedule.

Regulation 27

SCHEDULE 8APPEALS TO THE SECRETARY OF STATE

1.—(1) A person who wishes to appeal to the Secretary of State under regulation 27 shall give to the Secretary of State written notice of the appeal together with the documents specified in sub-paragraph (2) and shall at the same time send to the regulator a copy of that notice together with copies of the documents specified in sub-paragraph (2)(a) and (f).

(2) The documents mentioned in sub-paragraph (1) are—

(a)a statement of the grounds of appeal;

(b)a copy of any relevant application;

(c)a copy of any relevant permit;

(d)a copy of any relevant correspondence between the appellant and the regulator;

(e)a copy of any decision or notice which is the subject matter of the appeal; and

(f)a statement indicating whether the appellant wishes the appeal to be in the form of a hearing or to be disposed of on the basis of written representations.

(3) An appellant may withdraw an appeal by notifying the Secretary of State in writing and shall send a copy of that notification to the regulator.

2.—(1) Subject to sub-paragraph (2), notice of appeal in accordance with paragraph 1 is to be given—

(a)in the case of an appeal under regulation 27(1), before the expiry of the period of six months beginning with the date of the decision or deemed decision which is the subject matter of the appeal;

(b)in the case of an appeal under regulation 27(2) against a revocation notice, before the date on which the revocation takes effect;

(c)in the case of an appeal under regulation 27(2) against a variation notice, an enforcement notice or a suspension notice, before the expiry of the period of two months beginning with the date of the notice which is the subject matter of the appeal.

(2) The Secretary of State may in a particular case allow notice of appeal to be given after the expiry of the periods mentioned in sub-paragraph (1)(a) or (c).

3.—(1) Subject to sub-paragraph (4), the regulator shall, within 14 days of receipt of the copy of the notice of appeal sent in accordance with paragraph 1, give notice of it to—

(a)any person who was required to be given notice of the subject matter of the appeal under paragraph 9 of Schedule 4 or paragraph 4(5) of Schedule 7;

(b)any person who made representations to the regulator with respect to the subject matter of the appeal; and

(c)any person who appears to the regulator to have a particular interest in the subject matter of the appeal.

(2) A notice under sub-paragraph (1) shall—

(a)state that notice of appeal has been given;

(b)state the name of the appellant and, where the appeal concerns an installation or Part A mobile plant, the address of the site of that installation or mobile plant;

(c)describe the application or permit to which the appeal relates;

(d)state that representations with respect to the appeal may be made to the Secretary of State in writing by any recipient of the notice within a period of 21 days beginning with the date of the notice and that copies of any representations so made will be furnished to the appellant and to the regulator;

(e)explain that any such representations made by any person will be entered in a public register unless that person requests in writing that they should not be so entered, and that where such a request is made there will be included in the register a statement indicating only that representations have been made which have been the subject of such a request;

(f)state that if a hearing is to be held wholly or partly in public, a person mentioned in sub-paragraph (1)(b) or (c) who makes representations with respect to the appeal and any person mentioned in sub-paragraph (1)(a) will be notified of the date of the hearing.

(3) The regulator shall, within 14 days of sending a notice under sub-paragraph (1), notify the Secretary of State of the persons to whom and the date on which the notice was sent.

(4) In the event of an appeal being withdrawn, the regulator shall give notice of the withdrawal to every person to whom notice was given under sub-paragraph (1).

4.—(1) Before determining an appeal under regulation 27, the Secretary of State may afford the appellant and the regulator an opportunity of appearing before and being heard by a person appointed by him (the “appointed person”) and he shall do so in any case where a request is duly made by the appellant or the regulator to be so heard.

(2) A hearing held under sub-paragraph (1) may, if the appointed person so decides, be held wholly or held to any extent, in private.

(3) Where the Secretary of State causes a hearing to be held under sub-paragraph (1) he shall give the appellant and the regulator at least 28 days notice (or such shorter period of notice as they may agree) of the date, time and place fixed for the holding of the hearing.

(4) In the case of a hearing which is to be held wholly or partly in public, the Secretary of State shall, at least 21 days before the date fixed for the holding of the hearing—

(a)where the appeal relates to the operation of an installation or Part A mobile plant, publish a copy of the notice mentioned in sub-paragraph (3) in a newspaper circulating in the locality in which the installation or mobile plant is operated;

(b)serve a copy of that notice on every person mentioned in paragraph 3(1)(a) and on every person mentioned in paragraphs 3(1)(b) and (c) who has made representations in writing to the Secretary of State.

(5) The Secretary of State may vary the date fixed for the holding of any hearing and sub-paragraphs (3) and (4) shall apply to the variation of a date as they applied to the date originally fixed.

(6) The Secretary of State may also vary the time or place for the holding of a hearing and shall give such notice of any such variation as appears to him to be reasonable.

(7) The persons entitled to be heard at a hearing are—

(a)the appellant;

(b)the regulator; and

(c)any person required by paragraph 3(1)(a) to be notified of the appeal.

(8) Nothing in sub-paragraph (7) shall prevent the appointed person from permitting any other persons to be heard at the hearing and such permission shall not be unreasonably withheld.

(9) After the conclusion of a hearing, the appointed person shall make a report in writing to the Secretary of State which shall include his conclusions and his recommendations or his reasons for not making any recommendation.

(10) Subsections (2) to (5) of section 250 of the Local Government Act 1972(31) (local inquiries: evidence and costs) shall apply to hearings held under this paragraph by an appointed person as they apply to inquiries caused to be held under that section by a Minister, but with the following modifications, that is to say—

(a)with the substitution in subsection (2) (evidence) for the reference to the person appointed to hold the inquiry of a reference to the appointed person;

(b)with the substitution in subsection (4) (recovery of costs of holding the inquiry) for the references to the Minister causing the inquiry to be held of references to the Secretary of State;

(c)with the substitution of the reference in that subsection to a local authority with a reference to the regulator;

(d)with the substitution in subsection (5) (orders as to the costs of the parties) for the reference to the Minister causing the inquiry to be held with a reference to the Secretary of State.

5.—(1) Where the appeal is to be disposed of on the basis of written representations, the regulator shall submit any written representations to the Secretary of State not later than 28 days after receiving a copy of the documents mentioned in paragraph 1(2)(a) and (f).

(2) The appellant shall make any further representations by way of reply to any representations from the regulator not later than 17 days after the date of submission of those representations by the regulator.

(3) Any representations made by the appellant or the regulator shall bear the date on which they are submitted to the Secretary of State.

(4) When the regulator or the appellant submits any representations to the Secretary of State they shall at the same time send a copy of them to the other party.

(5) The Secretary of State shall send to the appellant and the regulator a copy of any representations made to him by the persons mentioned in paragraph 3(1) and shall allow the appellant and the regulator a period of not less than 14 days in which to make representations on them.

(6) The Secretary of State may in a particular case—

(a)set later time limits than those mentioned in this paragraph;

(b)require exchanges of representations between the parties in addition to those mentioned in paragraphs (1) and (2).

6.—(1) The Secretary of State shall give notice to the appellant of his determination of the appeal and shall provide him with a copy of any report mentioned in paragraph 4(9).

(2) The Secretary of State shall at the same time send—

(a)a copy of the documents mentioned in sub-paragraph (1) to the regulator and to any persons required under paragraph 3(1)(a) to be notified of the appeal; and

(b)a copy of his determination of the appeal to any person mentioned in paragraph 3(1)(b) and (c) who made representations to the Secretary of State and, if a hearing was held, to any other person who made representations in relation to the appeal at the hearing.

7.  Where a determination of the Secretary of State on an appeal is quashed in proceedings before any court, the Secretary of State—

(a)shall send to the persons notified of his determination under paragraph 6 a statement of the matters with respect to which further representations are invited for the purposes of his further considerations of the appeal;

(b)shall afford to those persons the opportunity of making, within 28 days of the date of the statement, written representations in respect of those matters; and

(c)may, as he thinks fit, cause a hearing to be held or reopened and, if he does so, paragraphs 4(2) to (10) shall apply to the hearing or the reopened hearing as they apply to a hearing held under paragraph 4(1),

and paragraph 6 shall apply to the re-determination of the appeal as it applies to the determination of an appeal.

Regulation 29

SCHEDULE 9REGISTERS

1.  A register maintained by a regulator under regulation 29 shall contain—

(a)all particulars of any application made to the regulator for a permit;

(b)all particulars of any notice to the applicant by the regulator under paragraph 4 of Schedule 4 and paragraph 3 of Schedule 7 and of any information furnished in response to such a notice;

(c)all particulars of any advertisement published pursuant to paragraph 5 of Schedule 4 or paragraph 4(8) of Schedule 7 and of any representations made by any person in response to such an advertisement, other than representations which the person who made them requested should not be placed in the register;

(d)in a case where any such representations are omitted from the register at the request of the person who made them, a statement by the regulator that representations have been made which have been the subject of such a request (but such statement shall not identify the person who made the representations in question);

(e)all particulars of any representations made by any person required to be given notice under paragraph 9 of Schedule 4 or paragraph 4(5)(c) of Schedule 7;

(f)all particulars of any permit granted by the regulator;

(g)all particulars of any notification of the regulator given under regulation 16(1);

(h)all particulars of any application made to the regulator for the variation, transfer or surrender of a permit;

(i)all particulars of any variation, transfer and surrender of any permit granted by the regulator;

(j)all particulars of any revocation of a permit granted by the regulator;

(k)all particulars of any enforcement notice or suspension notice issued by the regulator;

(l)all particulars of any notice issued by the regulator withdrawing an enforcement notice or a suspension notice;

(m)all particulars of any notice of appeal under regulation 27 against a decision by the regulator or a notice served by the regulator and of the documents relating to the appeal mentioned in paragraph 1(2)(a), (d) and (e) of Schedule 8;

(n)all particulars of any representations made by any person in response to a notice given under paragraph 3(1) of Schedule 8, other than representations which the person who made them requested should not be placed in the register;

(o)in a case where any such representations are omitted from the register at the request of the person who made them, a statement by the regulator that representations have been made which have been the subject of such a request (but such statement shall not identify the person who made the representations in question);

(p)all particulars of any written notification of the Secretary of State’s determination of such an appeal and any report accompanying any such written notification;

(q)details of any conviction of or formal caution given to any person for any offence under regulation 32(1) which relates to the operation of an installation or mobile plant under a permit granted by the regulator, or without such a permit in circumstances where one is required by regulation 9, including the name of the person, the date of conviction or formal caution, and, in the case of a conviction, the penalty imposed and the name of the Court;

(r)all particulars of any monitoring information relating to the operation of an installation or mobile plant under a permit granted by the regulator which has been obtained by the regulator as a result of its own monitoring or furnished to the regulator in writing by virtue of a condition of the permit or under regulation 28(2);

(s)in a case where any such monitoring information is omitted from the register by virtue of regulation 31, a statement by the regulator, based on the monitoring information from time to time obtained by or furnished to them, indicating whether or not there has been compliance with any relevant condition of the permit;

(t)all particulars of any other information furnished to the authority in compliance with a condition of the permit, a variation notice, enforcement notice or suspension notice, or regulation 28(2);

(u)where a permit granted by the regulator authorises the carrying out a specified waste management activity, all particulars of any waste management licence (within the meaning of regulation 19(13)) which ceased to have effect on the granting of the permit in so far as they may be relevant for the purpose of determining under regulation 19 whether any pollution risk results from the carrying out of such an activity on the site covered by the permit;

(v)all particulars of any report published by a regulator relating to an assessment of the environmental consequences of the operation of an installation in the locality of premises where the installation is operated under a permit granted by the regulator; and

(w)all particulars of any direction (other than a direction under regulation 30(2)) given to the regulator by the Secretary of State under any provision of these Regulations.

2.  Where an application is withdrawn by the applicant at any time before it is determined, all particulars relating to that application which are already in the register shall be removed from the register not less than two months and not more than three months after the date of withdrawal of the application, and no further particulars relating to that application shall be entered in the register.

3.  Where, following the amendment of Schedule 1, these Regulations cease to apply to a description of installation or mobile plant, all particulars relating to installations or mobile plant of that description shall be removed from the register not less than two months and not more than three months after the date on which the amendment comes into force.

4.  Nothing in paragraph 1 shall require a regulator to keep in a register maintained by it—

(a)monitoring information relating to a particular installation or a mobile plant four years after that information was entered in the register; or

(b)information relating to a particular installation or mobile plant which has been superseded by later information relating to that installation or mobile plant four years after that later information was entered in the register,

but this paragraph shall not apply to any aggregated monitoring data relating to overall emissions of any substance or class of substance from installations or mobile plant generally or from any class of installations or mobile plant.

5.  Any details of a formal caution included in a register pursuant to paragraph 1(q) shall be removed from the register after five years have elapsed since the date on which the caution was given.

Regulation 39

SCHEDULE 10CONSEQUENTIAL AMENDMENTS

PART 1:PUBLIC GENERAL ACTS

Income and Corporation Taxes Act 1988

1.  In section 91A(6) of the Income and Corporation Taxes Act 1988 (waste disposal: restoration payments)(32), after paragraph (b) insert—

“(ba)a permit under regulations under section 2 of the Pollution Prevention and Control Act 1999, or”.

Environmental Protection Act 1990

2.  The Environmental Protection Act 1990(33) has effect subject to the following amendments.

3.  In section 6 (authorisations: general provisions)—

(a)at the beginning of subsection (6) insert “Subject to subsection (6A) below”;

(b)after subsection (6) insert—

“(6A) Subsection (6) above shall not require a review of the conditions of an authorisation to be carried out if—

(a)the prescribed process covered by the authorisation is carried on in a new Part A installation or by means of a new Part A mobile plant;

(b)the prescribed process covered by the authorisation is carried on in an existing Part A installation or by means of an existing Part A mobile plant and the review would be carried out within the period of two years ending at the beginning of the relevant period for that installation or mobile plant; or

(c)the prescribed process covered by the authorisation is carried on in an existing Part B installation or by means of an existing Part B mobile plant and the review would be carried out within the period of two years ending on the relevant date for that installation or mobile plant.

(6B) In subsection (6A) above, “new Part A installation”, “existing Part A installation”, “new Part A mobile plant”, “existing Part A mobile plant”, “relevant period”, “existing Part B installation”, “existing Part B mobile plant” and “relevant date” have the meaning given in Schedule 3 to the Pollution Prevention and Control (England and Wales) Regulations 2000.”

4.  In section 34(1) (duty of care as respects waste)—

(a)after paragraph (a) insert—

“(aa)to prevent any contravention by any other person of regulation 9 of the Pollution Prevention and Control (England and Wales) Regulations 2000 or of a condition of a permit granted under regulation 10 of those Regulations;”;

(b)in paragraph (c)(ii), after “that section” insert “or any condition of a permit granted under regulation 10 of those Regulations”.

5.  In section 35 (waste management licences : general)—

(a)in subsection (11) after “until” insert “it ceases to have effect under subsection (11A) below,”;

(b)after subsection (11) insert—

“(11A) A licence shall cease to have effect if and to the extent that the treatment, keeping or disposal of waste authorised by the licence is authorised by a permit granted under regulations under section 2 of the Pollution Prevention and Control Act 1999.”

6.  In section 78YB (interaction of contaminated land provisions with other enactments(34) after subsection (2) insert—

“(2A) This Part shall not apply if and to the extent that—

(a)any significant harm, or pollution of controlled waters, by reason of which the land would otherwise fall to be regarded as contiminated, is attributable to the final disposal by deposit in or on land of controlled waste, and

(b)enforcement action may be taken in relation to that disposal.

(2B) A remediation notice shall not be served in respect of contaminated land if and to the extent that—

(a)the significant harm, or pollution of controlled waters, by reason of which the contaminated land is such land is attributable to an activity other than the final disposal by deposit in or on land of controlled waste, and

(b)enforcement action may be taken in relation to that activity.

(2C) In subsections (2A) and (2B) above—

• “controlled waste” has the meaning given in section 75(4) of this Act; and

• “enforcement action” means action under regulation 24 (enforcement notices) or regulation 26(2) (power of regulator to remedy pollution) of the Pollution Prevention and Control (England and Wales) Regulations 2000.”

7.  In section 79(10) (restrictions on taking proceedings for statutory nuisance)(35), for the words “or (e)” substitute “,(e) or (g)” and for “paragraph (g) or (ga)” substitute “paragraph (ga)”.

Water Industry Act 1991

8.  In section 138 of the Water Industry Act 1991 (meaning of “special category effluent”)(36)—

(a)in subsection (1), for “subsection” substitute “subsections (1A) and”;

(b)after subsection (1) insert—

“(1A) If trade effluent is produced, or to be produced, by operating any installation or plant or otherwise carrying on any activity, the operation or carrying on of which requires a permit, that effluent shall not be special category effluent for the purposes of this Chapter as from the determination date relating to the installation, plant or activity in question.

(1B) In subsection (1A)—

(a)“determination date”, in relation to an installation, plant or activity, means—

(i)in the case of an installation, plant or activity in relation to which a permit is granted, the date on which it is granted, whether in pursuance of the application, or on an appeal, of a direction to grant it;

(ii)in the case of an installation, plant or activity in relation to which the grant of a permit is refused, the date of refusal or, on appeal, of the affirmation of the refusal,

and in this paragraph the references to an appeal are references to an appeal under regulations under section 2 of the Pollution Prevention and Control Act 1999;

(b)“permit” means a permit granted, under regulations under that section, by an authority exercising functions under the regulations that are exercisable for the purpose of preventing or reducing emissions into the air, water and land.”;

(c)in subsection (4), for “In this section” substitute “In subsection (2) and (3) above”.

Water Resources Act 1991

9.  In section 88(1) of the Water Resources Act 1991 (defence to principal offences in respect of authorised discharges)(37), after paragraph (a) insert—

“(aa)a permit granted, under regulations under section 2 of the Pollution Prevention and Control Act 1999, by an authority exercising functions under the regulations that are exercisable for the purpose of preventing or reducing emissions in to the air, water and land;”.

Clean Air Act 1993

10.  The Clean Air Act 1993(38) has effect subject to the following amendments.

11.  In section 31 (regulations about sulphur content of oil fuel for furnaces or engines), in subsection (4)—

(a)in paragraph (a), after “which is” insert “(i)” and after “1990” insert

“, or

(ii)part of an installation subject to regulation by the Environment Agency under regulations made under section 2 of the Pollution Prevention and Control Act 1999”; and

(b)in subsection (4)(b), for “such furnaces” substitute “furnaces within sub-paragraph (i) of paragraph (a) above and of the Environment Agency to enforce those provisions in relation to furnaces within sub-paragraph (ii) of that paragraph”.

12.  In section 36 (notices requiring information about air pollution), after subsection (2) insert—

“(2A) If the notice relates to an installation subject to regulation by the Environment Agency under regulations made under section 2 of the Pollution Prevention and Control Act 1999, the person on whom the notice is served shall not be obliged to supply any information which, as certified by the Environment Agency, is not of a kind which is being supplied to the Environment Agency for the purposes of those regulations.”

13.  After section 41 (relation to the Environment Protection Act 1990) insert—

“Relation to the Pollution Prevention and Control Act 1999.

41A.—(1) Where an activity is subject to regulations under section 2 of the Pollution Prevention and Control Act 1999 (regulation of polluting activities), Parts I to III of this Act shall not apply as from the determination date for the activity in question.

(2) The “determination date”, for an activity, is—

(a)in the case of an activity for which a permit is granted, the date on which it is granted, whether in pursuance of the application, or on an appeal, of a direction to grant it;

(b)in the case of an activity for which a permit is refused, the date of refusal or, on appeal, of the affirmation of the refusal.

(3) In subsection (2) “permit” means a permit under regulations under section 2 of the Pollution Prevention and Control Act 1999 and the reference to an appeal is a reference to an appeal under those regulations.”

Environment Act 1995

14.  The Environment Act 1995(39) has effect subject to the following amendments.

15.  In section 56(1) (interpretation of Part I of the 1995 Act), after paragraph (a) of the definition of “environmental licence” in relation to the Environment Agency insert—

“(aa)a permit granted by the Agency under regulations under section 2 of the Pollution Prevention and Control Act 1999;”.

16.  In section 108(15) (powers of entry—interpretation)—

(a)in the definition of “local enforcing authority”, after paragraph (c) insert—

“(d)a local authority for the purposes of regulations under section 2 of the Pollution Prevention and Control Act 1999 extending to England and Wales;”;

(b)in the definition of “pollution control functions” in relation to the Environment Agency, after paragraph (m) insert—

“and, in relation to the Agency, includes the functions conferred or imposed on, or transferred to, it under section 2 of the Pollution Prevention and Control Act 1999;”;

(c)in the definition of “pollution control functions” in relation to a local enforcing authority, after paragraph (c) insert—

“and, in relation to an authority in England or Wales, includes the functions conferred or imposed on, or transferred to, that authority under section 2 of the Pollution Prevention and Control Act 1999;”.

17.  In section 113(5) (definitions relating to disclosure of information), after paragraph (a) of the definitions of “local enforcing authority” insert—

“(aa)in relation to England and Wales, any local authority within the meaning of regulations under section 2 of the Pollution Prevention and Control Act 1999;”.

18.  In section 114(2)(a) (power of Secretary of State to delegate functions relating to appeals), after sub-paragraph (vii) insert—

“(viii)regulations under section 2 of the Pollution Prevention and Control Act 1999 extending to England and Wales,”.

19.  In Schedule 20, in paragraph 4(3) (holding of local inquiries and other hearings by appointed persons)—

(a)omit “or” at the end of paragraph (b);

(b)after paragraph (c) insert—

“or

(d)regulation 31(6) of the Pollution Prevention and Control (England and Wales) Regulations 2000,”.

Finance Act 1996

20.  The Finance Act 1996(40) has effect subject to the following amendments.

21.  In section 43A(41) (contaminated land)—

(a)omit “or” at the end of paragraph (f);

(b)after paragraph (g) insert—

“(h)an enforcement notice served under regulation 24 of the Pollution Prevention and Control (England and Wales) Regulations 2000;

(j)a suspension notice served under regulation 25 of those Regulations; or

(k)an order under regulation 35 of those Regulations.”

22.  In section 67 (operator of landfill sites), after paragraph (b) insert—

“(ba)the person who is at the time concerned the holder of the permit, where section 66(ba) above applies;”.

PART 2:SUBORDINATE LEGISLATION

The Radioactive Substances (Hospitals) Exemption Order 1990

23.  In the definition of “site licence” in article 2(1) of the Radioactive Substances (Hospitals) Exemption Order 1990(42), after “1990” insert— “or a permit under the Pollution Prevention and Control (England and Wales) Regulations 2000”.

The Environmental Protection (Prescribed Processes and Substances) Regulations 1991

24.  After regulation 3 of the Environmental Protection (Prescribed Processes and Substances) Regulations 1991(43) insert—

“Exclusion of prescribed processes under control of the Pollution Prevention and Control (England and Wales) Regulations 2000

3A.—(1) Where a process which is being carried on under an authorisation requires a permit under the Pollution Prevention and Control (England and Wales) Regulations 2000 authorising the carrying on of that process in an installation or by means of mobile plant and an application is made (or deemed to have been made) under those Regulations for the permit, that process shall, from the determination date for the installation or mobile plant, as the case may be, no longer be taken to fall within a description in Schedule 1.

(2) Where a process which is not being carried on under an authorisation requires a permit under those Regulations authorising the carrying on of that process in an installation or by means of mobile plant, that process shall not be taken to fall within a description in Schedule 1 from the date on which the permit is required.

(3) In this regulation, “installation” and “mobile plant” have the meaning given in regulation 2(1) of the Pollution Prevention and Control (England and Wales) Regulations 2000 and “determination date” has the meaning given in Schedule 3 to those Regulations.”

The Controlled Waste (Registration of Carriers and Seizure of Vehicles) Regulations 1991

25.  At the end of Schedule 1 to the Controlled Waste (Registration of Carriers and Seizure of Vehicles) Regulations 1991(44) insert “the Pollution Prevention and Control (England and Wales) Regulations 2000.”

The Environmental Protection (Duty of Care) Regulations 1991

26.  In the Table in regulation 2 of the Environmental Protection (Duty of Care) Regulations 1991(45), after the second entry in column 1 insert— “A person who is the holder of a permit under the Pollution Prevention and Control (England and Wales) Regulations 2000 which authorises the carrying out of a specified waste management activity within the meaning of those Regulations.”

The Waste Management Licensing Regulations 1994

27.  The Waste Management Licensing Regulations 1994(46) have effect subject to the following amendments.

28.  In regulation 1 (interpretation etc), after the definition of “the 1991 Regulations” in paragraph (3) insert—

““the 2000 Regulations” means the Pollution Prevention and Control (England and Wales) Regulations 2000;”.

29.  At the end of regulation 3 (relevant offences) insert—

“(o)regulation 30(1) of the 2000 Regulations.”

30.  In regulation 10 (public registers)—

(a)after paragraph (3) insert—

“(3A) A register maintained under section 64(4) of the 1990 Act by a waste collection authority in England and Wales shall also contain full particulars of the following information contained in any register maintained by the Environment Agency under regulation 29 of the 2000 Regulations to the extent that it relates to a specified waste management activity (within the meaning of those Regulations) carried out in the area of the authority—

(a)current or recently current permits granted under the 2000 Regulations;

(b)variation notices under regulation 17 of the 2000 Regulations varying such permits;

(c)revocation notices under regulation 21 of those Regulations and suspension notices under regulation 25 of those Regulations issued in relation to such permits;

(d)notices of determination issued under regulation 19 of those Regulations in relation to applications made to surrender such permits.”;

(b)in paragraph (4), after “waste management licences” where it first occurs insert “and permits granted under the 2000 Regulations”;

(c)after paragraph (4) insert—

“(5) The Environment Agency shall furnish waste collection authorities with the particulars necessary to enable them to discharge their duty under paragraph (3A).”

31.  In regulation 11 (information to be excluded or removed from register), after paragraph (2) insert—

“(3) Nothing in regulation 10(3A) shall require a register maintained by a waste collection authority under that regulation to contain any information which has been superseded by later information after 4 years have elapsed from that later information being entered in the register.”

32.  In regulation 16 (exclusion from waste management licensing)—

(a)after paragraph (1)(b) insert—

“(ba)the deposit in or on land, recovery or disposal of waste under a permit granted under the 2000 Regulations to operate a Part A(1) installation;

(bb)the disposal of waste under a permit granted under the 2000 Regulations where the activity is or forms part of an activity within paragraph (a) or (b) of Part B of Section 5.1 (incineration) of Part 1 of Schedule 1 to those Regulations in so far as the activity results in the release of substances into the air;”;

(b)for “and (b)” in paragraph (2) substitute “, (b) and (bb)”;

(c)after paragraph (2) insert—

“(3) In paragraph (1)(ba) “Part A(1) installation” has the meaning given by regulation 2(1) of the 2000 Regulations.”

33.  In regulation 18(10) (registration in connection with exempt activities)—

(a)in paragraph (a), after “Schedule 3” in sub-paragraph (i) insert— “and carried out under an authorisation granted under Part I of the 1990 Act”;

(b)after paragraph (a) insert—

“(aa)in the case of an exempt activity falling within—

(i)paragraph 1A, 2A, 3 or 24 of Schedule 3 and carried out under a permit under the 2000 Regulations;

(ii)paragraph 4 of Schedule 3 if it involves the coating or spraying of metal containers as or as part of an activity within Part B of Section 6.4 (coating activities and printing) of Part 1 of Schedule 1 to the 2000 Regulations and the activity is for the time being the subject of a permit granted under those Regulations, or if it involves storage related to that activity; or

(iii)paragraph 12 of Schedule 3 if it involves the composting of biodegradable waste as or as part of an activity within paragraph (a) of Part B of Section 6.8 (treatment of animal and vegetable matter) of Part 1 of Schedule 1 to the 2000 Regulations, the compost is to be used for the purpose of cultivating mushrooms and the activity is for the time being the subject of a permit granted under those Regulations, or if it involves storage related to that activity,

the local authority regulator responsible for granting the permit under the 2000 Regulations authorising the exempt activity;”.

34.  In regulation 20(2) (registration of brokers), in paragraph (a), after “1990 Act” insert “a permit under the 2000 Regulations,”.

35.  In Schedule 3 (exempt activities)—

(a)after paragraph 1 insert—

“1A.—(1) The use, under a permit under the 2000 Regulations, of waste glass as part of an activity within Part B of Section 3.3 (the manufacture of glass and glass fibre) of Part 1 of Schedule 1 to the 2000 Regulations if the total quantity of waste glass so used in that activity does not exceed 600,000 tonnes in any period of twelve months.

(2) The storage, at the place where the activity is carried out, of any such waste which is intended to be so used.”;

(b)after paragraph 2 insert—

“2A.—(1) The operation, under a permit under the 2000 Regulations, of a scrap metal furnace with a designed holding capacity of less than 25 tonnes to the extent that it is or forms part of an activity within paragraph (a), (b) or (d) of Part B of Section 2.1 (ferrous metals) or paragraph (a), (h) or (b) of Part B of Section 2.2 (non-ferrous metals) of Part 1 of Schedule 1 to the 2000 Regulations.

(2) The loading or unloading of such a furnace in connection with its operation in a manner covered by the exemption conferred by sub-paragraph (1).

(3) The storage, at the place where such a furnace is located (but not in cases where that place is used for carrying on business as a scrap metal dealer) of scrap metal intended to be submitted to an operation covered by the exemption conferred by sub-paragraph (1).”;

(c)in paragraph 3(a), after “the 1990 Act” insert “or a permit under the 2000 Regulations” and after “1991 Regulations” insert “or an activity within Part B of any Section of Part 1 of Schedule 1 to the 2000 Regulations”;

(d)in paragraph 3(d), after “1990 Act” insert “or a permit under the 2000 Regulations” and after “1991 Regulations” insert “or an activity within Part B of Section 1.1 of Part 1 of Schedule 1 to the 2000 Regulations”;

(e)at the end of paragraph 24(1) insert— “or under a permit under the 2000 Regulations, to the exent that it is or forms part of an activity within paragraph (a) of Part B of Section 3.5 (other mineral activities) of Part 1 of Schedule 1 to the 2000 Regulations”;

(f)at the end of paragraph 29(1) insert “or an exempt incineration plant for the purposes of Section 5.1 of Part 1 of Schedule 1 to the 2000 Regulations”;

(h)at the end of paragraph 44(3) insert— “or an activity described in Section 2.1 (other than in paragraph (d) of Part B) of Part 1 of Schedule 1 to the 2000 Regulations”;

(i)at the end of paragraph 44(4) insert— “or an activity described in Part A(1) or A(2) of Section 2.2 of Part 1 of Schedule 1 to the 2000 Regulations”;

(j)at the end of paragraph 45(2)(a) insert “or a permit under the 2000 Regulations”.

36.  In Schedule 4—

(a)in paragraph 1, after “under Part I of the 1990 Act,” in the definition of “permit” insert— “a permit under the 2000 Regulations;”;

(b)after paragraph 2(4) insert—

“(5) In a case where the recovery or disposal of waste is or forms part of an activity carried out at a Part B installation and requires a waste management licence, nothing in sub-paragraph (1) shall require a competent authority to discharge its functions under—

(a)the 2000 Regulations for any purpose other than preventing or, where that is not practicable, reducing emissions into the air;

(b)Part II of the 1990 Act for the purpose of preventing or reducing emissions into the air.

(6) In sub-paragraph (5), “Part B installation” has the meaning given by regulation 2(1) of the 2000 Regulations.”;

(c)in paragraph 3(1), at the end of Table 5 insert—

The Conservation (Natural Habitats, &c.) Regulations 1994

37.  After regulation 84 of the Conservation (Natural Habitats, &c.) Regulations 1994(47) insert—

“Permits under the Pollution Prevention and Control (England and Wales) Regulations 2000

84A.—(1) Regulations 48 and 49 (requirement to consider effect on European site) apply in relation to the granting of a permit under the Pollution Prevention and Control (England and Wales) Regulations 2000.

(2) Where in such a case the competent authority consider that any adverse effects of the plan or project on the integrity of a European site would be avoided if the permit were subject to conditions, they may grant a permit, or cause a permit to be granted, subject to those conditions.

(3) Regulations 50 and 51 (requirement to review existing decisions and consents, etc.) apply to any such permit as is mentioned in paragraph (1).

(4) Where on the review of such a permit the competent authority consider that any adverse effects on the integrity of a European site of the carrying out or, as the case may be, the continuation of activities authorised by it would be avoided by a variation of the permit, they may vary it, or cause it to be varied, accordingly.

(5) Where any question arises as to agreeing to a plan or project, or affirming a permit on review, under regulation 49 (considerations of overriding public interest), the competent authority shall refer the matter to the Secretary of State who shall determine the matter in accordance with that regulation and give directions to the authority accordingly.”

The Special Waste Regulations 1996

38.  The Special Waste Regulations 1996(48) have effect subject to the following amendments.

39.  In regulation 15 (registers)—

(a)after paragraph (6) insert—

“(6A) Where, by virtue of regulation 16(1)(ba) or (bb) of the 1994 Regulations, section 33(1)(a), (b) and (c) of the 1990 Act does not apply to any of the activities carried on at a site at which special waste is received, paragraph (5) shall have effect as if any reference to the surrender or revocation of a person’s waste management licence were a reference to the surrender or revocation of his permit under the Pollution Prevention and Control (England and Wales) Regulations 2000 for the site in question.”;

(b)in paragraph (7), after “paragraph (6)” insert “or (6A)”.

40.  In regulation 17(2) (restrictions on mixing special waste), in paragraph (a), after “1990 Act” insert— “or under a permit granted under the Pollution Prevention and Control (England and Wales) Regulations 2000”.

The Landfill Tax Regulations 1996

41.  In Regulation 33(4) of the Landfill Tax Regulations 1996(49), after paragraph (g) insert—

“(h)an enforcement notice served under regulation 24 of the Pollution Prevention and Control (England and Wales) Regulations 2000;

(i)a suspension notice served under regulation 25 of those Regulations;

(j)an order under regulation 35 of those Regulations.”

The Specified Risk Material Regulations 1997

42.  The Specified Risk Material Regulations 1997(50) have effect subject to the following amendments.

43.  In regulations 24(9)(a)(i) and (b)(i), after “1990” insert— “or a permit granted under the Pollution Prevention and Control (England and Wales) Regulations 2000”.

44.  In regulation 24(10), after “1990” insert— “or the Pollution Prevention and Control (England and Wales) Regulations 2000”.

45.  In the second column of the table in Schedule 2, after “1990” in the entry corresponding to regulation 24(9) in the first column of that table insert— “or authorised under the Pollution Prevention and Control (England and Wales) Regulations 2000”.

The Groundwater Regulations 1998

46.  The Groundwater Regulations 1998(51) have effect subject to the following amendments.

47.  In the definition of “authorisation” in regulation 1(3), delete “and” at the end of paragraph (c) and after paragraph (d) insert—

“and

(e)a permit under the Pollution Prevention and Control (England and Wales) Regulations 2000 in so far as it authorises the operation of a Part A installation or Part A mobile plant within the meaning of those Regulations;”.

48.  After “(integrated pollution control)” in regulation 3 insert— “and the Pollution Prevention and Control (England and Wales) Regulations 2000”.

The Contaminated Land (England) Regulations 2000

49.  The Contaminated Land (England) Regulations 2000(52) have effect subject to the following amendments.

50.  In regulation 2—

(a)after paragraph (1)(d) insert—

“(da)land on which an activity has been or is being carried on in a Part A(1) installation or by means of Part A(1) mobile plant under a permit where the activity does not comprise solely things being done which are required by way of remediation;”;

(b)after paragraph (3) insert—

“(3A) In paragraph (1)(da) above, “Part A(1) installation”, “Part A(1) mobile plant” and “permit” have the same meaning as in the Pollution Prevention and Control (England and Wales) Regulations 2000.”.

51.  In paragraph 14 of Schedule 3—

(a)after “section 78YB(1)” insert “or 78YB(2B)”;

(b)in sub-paragraph (c), after “section 27” insert “or by means of enforcement action (within the meaning of section 78YB(2C)”.