The Environmental Permitting (England and Wales) (Amendment) (No. 2) Regulations 2016

Publication Date:January 01, 2016
 
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2016No. 475

ENVIRONMENTAL PROTECTION, ENGLAND AND WALES

FLOOD RISK MANAGEMENT, ENGLAND AND WALES

The Environmental Permitting (England and Wales) (Amendment) (No. 2) Regulations 2016

24thMarch2016

6thApril2016

These Regulations are made by the Secretary of State in relation to England and the Welsh Ministers in relation to Wales, in exercise of the powers conferred by sections 61 and 90 of, and Schedule 8 to, the Water Act 2014( 1).

In accordance with section 61(5) of the Water Act 2014, the Secretary of State and the Welsh Ministers have consulted—

(a) the Environment Agency;

(b) the Natural Resources Body for Wales;

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

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

In accordance with section 61(3) of that Act, the Secretary of State and the Welsh Ministers have had regard to the desirability of reducing burdens by ensuring that so far as is reasonably practicable any system established by regulations under that section is combined with, or is consistent with, systems for regulating activities or other matters that cause pollution.

A draft of this instrument has been approved by a resolution of each House of Parliament and by the National Assembly for Wales pursuant to sections 62(7) and (8) and 90(3) of the Water Act 2014.

Citation, commencement, extent, application and interpretation

1.—(1) These Regulations may be cited as the Environmental Permitting (England and Wales) (Amendment) (No. 2) Regulations 2016.

(2) These Regulations come into force on 6th April 2016.

(3) These Regulations extend to England and Wales only.

(4) These Regulations do not apply in relation to the Isles of Scilly.

(5) In these Regulations, ‘the 1991 Act’ means the Water Resources Act 1991( 2).

Amendment of the Environmental Permitting (England and Wales) Regulations 2010

2. The Environmental Permitting (England and Wales) Regulations 2010( 3) (referred to in these Regulations as ‘the principal Regulations’) are amended in accordance with regulations 3 to 28.

Amendment of regulation 2 (interpretation: general)

3. In regulation 2(1)—

(a) after the definition of ‘confidential information’ insert—

‘‘culvert’ has the meaning given in paragraph 3 of Part 1 of Schedule 23ZA;’;

(b) after the definition of ‘disposal’ insert—

‘‘drainage’ has the meaning given in paragraph 2 of Part 1 of Schedule 23ZA;’;

(c) after the definition of ‘establishment’ insert—

‘‘excluded flood risk activity’ has the meaning given in paragraph 4 of Part 1 of Schedule 23ZA;’;

(d) after the definition of ‘exempt facility’ insert—

‘‘exempt flood risk activity’ has the meaning given in regulation 5;’;

(e) after the definition of ‘extractive waste’ insert—

‘‘flood defence structure’ has the meaning given in paragraph 2 of Part 1 of Schedule 23ZA;

‘flood risk activity’ has the meaning given in paragraph 3 of Part 1 of Schedule 23ZA;

‘flood risk activity emergency works notice’ means a notice served under paragraph 7 of Part 1 of Schedule 23ZA;

‘flood risk activity notice of intent’ means a notice served under paragraph 9(2) of Part 1 of Schedule 23ZA;

‘flood risk activity remediation notice’ means a notice served under paragraph 8 of Part 1 of Schedule 23ZA;’;

(f) after the definition of ‘local authority’ insert—

‘‘main river’ has the meaning given in paragraph 2 of Part 1 of Schedule 23ZA;’;

(g) after the definition of ‘non-hazardous waste’ insert—

‘‘non-tidal main river’ has the meaning given in paragraph 2 of Part 1 of Schedule 23ZA;’;

(h) after the definition of ‘relevant territorial waters’ insert—

‘‘remote defence’ has the meaning given in paragraph 3 of Part 1 of Schedule 23ZA;’;

(i) after the definition of ‘revocation notice’ insert—

‘‘river control works’ has the meaning given in paragraph 3 of Part 1 of Schedule 23ZA;’;

(j) after the definition of ‘rule-making authority’ insert—

‘‘sea defence’ has the meaning given in paragraph 3 of Part 1 of Schedule 23ZA;’;

(k) after the definition of ‘standard facility’ insert—

‘‘stand-alone flood risk activity’ means a flood risk activity that is not carried on as part of the operation of a regulated facility of another class;’

(l) after the definition of ‘suspension notice’ insert—

‘‘tidal main river’ has the meaning given in paragraph 2 of Part 1 of Schedule 23ZA;’;

(m) after the definition of ‘waste operation’ insert—

‘‘watercourse’ has the meaning given in paragraph 2 of Part 1 of Schedule 23ZA;’.

Amendment of regulation 5 (interpretation: exempt facilities)

4. Regulation 5(1) is amended as follows—

(a) in the definition of ‘exempt facility’—

(i) omit the word ‘or’ immediately preceding paragraph (b);

(ii) at the end, add—

‘, or

(d) an exempt flood risk activity’;

(b) after the definition of ‘exempt facility’ insert—

‘‘exempt flood risk activity’ means a flood risk activity that meets the requirements of paragraph 5B of Schedule 2;’.

Amendment of regulation 7 (interpretation: operate a regulated facility and operator)

5. In regulation 7, in paragraph (b) of the definition of ‘operate a regulated facility’( 4), for ‘or solvent emission activity’ substitute ‘, solvent emission activity or flood risk activity’.

Amendment of regulation 8 (interpretation: regulated facility and class of regulated facility)

6.—(1) In regulation 8(1)( 5), at the end of sub-paragraph (i) add—

‘(j) a flood risk activity’.

(2) In regulation 8(2), at the end of sub-paragraph (c) add—

‘(d) an excluded flood risk activity’.

(3) In regulation 8(4)( 6), at the end of sub-paragraph (f) add—

‘(g) a flood risk activity’.

Amendment of regulation 9 (interpretation: relevant function)

7. At the end of regulation 9 add—

‘(g) exercising the power to serve a flood risk activity emergency works notice, a flood risk activity notice of intent or a flood risk activity remediation notice,

(h) exercising the power to take steps under paragraph 9(1) of Part 1 of Schedule 23ZA’.

Substitution of regulation 15

8. For regulation 15 substitute—

‘Conditions in relation to certain land

15.—(1) Conditions in an environmental permit may require the operator to carry out works or do other things in relation to land which the operator is not entitled to do or carry out without obtaining the consent of another person.

(2) If an environmental permit contains such a condition, the person whose consent is required must grant the operator such rights as are necessary to enable the operator to comply with the condition.

(3) Part 2 of Schedule 5 applies where such rights are granted.

(4) Conditions in an environmental permit authorising the carrying on of a flood risk activity have effect as a local land charge where those conditions—

(a) in accordance with the power in paragraph 6 of Part 1 of Schedule 23ZA, relate to—

(i) the operation or maintenance of any structure or works, or

(ii) access to any structure, works or watercourse by the regulator; and

(b) are expressed to apply from time to time.

(5) Where the Agency proposes to grant an application in relation to a flood risk activity in England subject to a condition in accordance with paragraph (4), the regulator must give notice of the proposed condition and the period within which representations on the proposed condition are to be made (which period must not expire less than 20 days after the day on which the notice is served) to—

(a) the landowner, lessee and occupier where none is the applicant;

(b) the landowner and lessee where the occupier is the applicant;

(c) the landowner and occupier where the lessee is the applicant;

(d) the lessee and occupier where the landowner is the applicant.

(6) Where the NRBW proposes to grant an application in relation to a flood risk activity in Wales subject to a condition in accordance with paragraph (4), the regulator must not issue the relevant permit unless the applicant has demonstrated to the satisfaction of the regulator that consent for that permit to be issued subject to such a condition has been given by—

(a) the landowner, lessee and occupier where none is the applicant;

(b) the landowner and lessee where the occupier is the applicant;

(c) the landowner and occupier where the lessee is the applicant;

(d) the lessee and occupier where the landowner is the applicant.

(7) In paragraphs (5) and (6), ‘landowner’ means the person, other than a mortgagee not in possession, who—

(a) is receiving the rack rent of the land, whether on the person's 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.’.

Amendment of regulation 17 (single site permits etc.)

9. In regulation 17(2)( 7)

(a) after paragraph (b) insert—

‘(ba) of more than one flood risk activity on the same site or on more than one site;’;

(b) in paragraph (c), for ‘paragraph’ substitute ‘paragraphs’.

Amendment of regulation 18 (consolidation of an environmental permit)

10. After regulation 18(1)(a) insert—

‘(aa) more than one flood risk activity on the same site or on more than one site;’.

Amendment of regulation 20 (variation of an environmental permit)

11. In regulation 20, after paragraph (6), add—

‘(7) With respect to any part of an environmental permit (or if applicable, the whole permit) that authorises the carrying on of a stand-alone flood risk activity, the regulator must not, without the agreement of the operator, of its own initiative vary any condition of the permit that relates to the flood risk activity unless—

(a) in the opinion of the regulator, the circumstances in which the activity is or is to be carried on have changed such that any of the objectives in paragraph 5 of Part 1 of Schedule 23ZA would no longer be met; and

(b) in the case of a variation that relates to an activity that involves any construction or works, the variation relates to aspects of the construction or works which have not yet been...

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