The Environmental Permitting (England and Wales) (Amendment) (No. 2) Regulations 2009

Citation, commencement and extent

1.—(1) These Regulations—

(a)may be cited as the Environmental Permitting (England and Wales) (Amendment) (No. 2) Regulations 2009;

(b)come into force on 6th April 2010; and

(c)extend to England and Wales only.

(2) For the purposes of this regulation—

(a)England and Wales includes the sea adjacent to England and Wales out as far as the seaward boundary of the territorial sea; and

(b)the sea adjacent to Wales has the same meaning as in section 158 of the Government of Wales Act 2006(1).

Amendment of the Environmental Permitting (England and Wales) Regulations 2007

2.  The Environmental Permitting (England and Wales) Regulations 2007(2) (“the 2007 Regulations”) are amended in accordance with regulations 3 to 12.

Amendment of regulation 2 (interpretation: general)

3.—(1) Regulation 2 (interpretation: general) is amended as follows.

(2) After the definition of “agricultural waste”, insert—

““the Animal By-Products Regulations” means—

Substitution of regulation 5 (interpretation: exempt waste operation)

4.  For regulation 5 (interpretation: exempt waste operation), substitute—

“Interpretation: exempt waste operation

5.—(1)  In these Regulations, a waste operation is an “exempt waste operation” if the requirements in paragraph 3(1) of Schedule 2 are met in respect of the waste operation.

(2) Schedule 2 (exempt waste operations: general) has effect.”.

Amendment of regulation 22 (revocation of an environmental permit: general)

5.—(1) Regulation 22 (revocation of an environmental permit: general) is amended as follows.

(2) After paragraph (6), add—

“(7) Where an environmental permit authorises in whole or in part a waste operation which, on or after 6^th April 2010, becomes an exempt waste operation, that part of the permit which authorises the exempt waste operation is revoked on the date that the operation becomes an exempt waste operation.”.

Amendment of regulation 38 (offences)

6.—(1) Regulation 38 (offences) is amended as follows.

(2) In paragraph (2)(a)—

(a)omit “9 or”;

(b)after “12(3)” insert “or (4)”.

(3) In paragraph (2)(b), after “12(3)” insert “or (4)”.

Substitution of regulation 68 (further provision in relation to waste)

7.  For regulation 68 (further provision in relation to waste), substitute—

“Further provision in relation to waste

68.—(1)  Section 33(1)(a)(5) of the 1990 Act does not apply to an operation which—

(a)falls within a description in Part 2 of Schedule 3A; and

(b)meets the conditions specified in that Part for an operation of that description.

(2) Schedule 20 (further provision in relation to waste) has effect.”.

Insertion of regulation 71B (transitional provision: exempt waste operations)

8.  After regulation 71A(6) (transitional provision: existing mining waste operations), insert—

“Transitional provision: exempt waste operations

71B.—(1)  This regulation applies to any establishment or undertaking which on 5th April 2010 was carrying on an exempt waste operation.

(2) The establishment or undertaking is deemed to carry on the exempt waste operation until—

(a)the date mentioned in paragraph (3); or

(b)if before that date the operation ceases to be an exempt waste operation within the meaning of regulation 5 (as that regulation had effect on 5th April 2010), the date on which it ceases to be such.

(3) The date referred to in paragraph (2)(a) is—

(a)if an application for the grant or variation of an environmental permit is made in relation to the operation on or before the date shown in the table set out below for the operation—

(i)if the application is granted, the date of the grant,

(ii)if the application is refused, and the applicant appeals against the refusal, the date on which the appeal is determined or withdrawn, or

(iii)if the application is refused, and the applicant does not appeal against the refusal, the day after the last day on which an appeal could have been brought, determined in accordance with paragraph 3(1) of Schedule 6; or

(b)if the establishment or undertaking seeks to be registered in relation to the waste operation as an exempt waste operation on or before the date shown in the table set out below for the operation, the date of first registration;

(c)otherwise, the date indicated in the second column of the table set out below for the operation.

(4) In this regulation—

“agricultural land” means land used for agriculture within the meaning of section 109(3) of the Agriculture Act 1947(7);

“date of first registration” means, in relation to an establishment or undertaking, the date on which the relevant particulars (which means the information in paragraph 4(2) of Schedule 2) first appear on the register (as defined by paragraph 1 of that Schedule) but does not include any relevant particulars entered on the register before 6th April 2010;

“previous Schedule 3” means Schedule 3 to these Regulations as it had effect on 5th April 2010.”.

Amendment of Schedule 1 (activities)

9.—(1) Schedule 1 (activities) is amended as follows.

(2) In paragraph 1 of Section 6.8 of Part 2 (activities), in the definition of “excluded activity”, for paragraph (a) substitute—

“(a)any activity carried on on a farm or agricultural holding other than—

(i)the manufacture of goods for sale,

(ii)the production of compost for growing mushrooms,”.

Substitution of Schedule 2 (exempt waste operations: general)

10.—(1) Subject to paragraph (2), for Schedule 2 (exempt waste operations: general), substitute the schedule set out in Schedule 1 to these Regulations.

(2) Paragraph (1) does not apply for the purposes of the transitional provisions inserted by regulation 8 (referred to in these Regulations as “the transitional provisions”), except for the purposes of the references to Schedule 2 in regulation 8(4).

Substitution of Schedule 3 (descriptions: exempt waste operations and other operations to which section 33(1)(a) of the 1990 Act does not apply)

11.  For Schedule 3 (descriptions: exempt waste operations and other operations to which section 33(1)(a) of the 1990 Act does not apply), except for the purposes of the transitional provisions, substitute the schedules set out in Schedule 2 to these Regulations.

Amendment of Schedule 19 (public registers)

12.—(1) Schedule 19 (public registers) is amended as follows.

(2) In paragraph 1(1) (matters to be included in a public register), for paragraph (k) substitute—

“(k)every direction given to the regulator or the exemption registration authority by an appropriate authority under these Regulations, other than a direction given under regulation 47 or paragraph 11 of Schedule 2.”.

Amendments to the Environment Act 1995

13.—(1) The Environment Act 1995(8) is amended as follows.

(2) In section 41 (power to make charging schemes)—

(a)omit subsection (2A)(9); and

(b)in subsection (10)(10), omit the definition of “relevant environmental licence”.

(3) In section 56(1) (interpretation)(11), in the definition of “environmental licence”, for paragraph (j) substitute—

“(j)registration under Schedule 2 to the Environmental Permitting (England and Wales) Regulations 2007 of an establishment or undertaking in relation to a WEEE operation (as defined by paragraph 1 of Schedule 2 to those Regulations),”.

Consequential amendment to the Waste Management (England and Wales) Regulations 2006

14.  In the Waste Management (England and Wales) Regulations 2006(12), omit regulation 3 (amendment of the Environment Act 1995).

Consequential amendment to the Waste Batteries and Accumulators Regulations 2009

15.  In the Waste Batteries and Accumulators Regulations 2009(13), in Schedule 8 (amendments to other enactments), omit paragraph 2(5).

Savings

16.—(1) Notwithstanding the amendments made by regulation 6 (which amend regulation 38 of the 2007 Regulations), regulation 38(2) of the 2007 Regulations, as it had effect on 5th April 2010, continues to have effect for the purposes of the transitional provisions.

(2) Notwithstanding the amendments made by regulation 13(2) (which amend section 41 of the Environment Act 1995 by omitting subsection (2A) and by omitting the definition of “relevant environmental licence” in subsection (10)), those subsections, as they had effect on 5th April 2010, continue to have effect for the purposes of the transitional provisions.

(3) Notwithstanding the substitution made by regulation 13(3) (which substitutes paragraph (j) in the definition of “environmental licence” in section 56(1) of the Environment Act 1995), the definition of “environmental licence” in that paragraph, as it had effect on 5th April 2010, continues to have effect for the purposes of the transitional provisions.