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Environmental Permitting (England and Wales) Regulations 2016: Difference between revisions

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[[Category:Legislation & Policy]]
[[Category:Legislation & Policy]]


The [[Environmental Permitting (England and Wales) Regulations 2016]] S.I. No. 1154 ("the 2016 Regulations") consolidate and replace the [[Environmental Permitting (England and Wales) Regulations 2010]] S.I. No. 675 which had been amended 15 times. The 2016 Regulations set out an [[Environmental Permitting]] and compliance regime that applies to various activities and industries<ref name="Env">[https://www.legislation.gov.uk/uksi/2016/1154/pdfs/uksiem_20161154_en.pdf [[DEFRA]] Explanatory Memorandum to the [[Environmental Permitting (England and Wales) Regulations 2016]]</ref>.
The [[Environmental Permitting (England and Wales) Regulations 2016]] S.I. No. 1154 ("the 2016 Regulations") consolidate and replace the [[Environmental Permitting (England and Wales) Regulations 2010]] S.I. No. 675 which had been amended 15 times. These amendments included provisions to strengthen powers for regulators to tackle illegal operators and provisions to add a new permitting regime for flood defences<ref name="Env">[https://www.legislation.gov.uk/uksi/2016/1154/pdfs/uksiem_20161154_en.pdf [[DEFRA]] Explanatory Memorandum to the [[Environmental Permitting (England and Wales) Regulations 2016]]</ref>.  The 2016 Regulations set out an [[Environmental Permitting]] and compliance regime that applies to various activities and industries<ref name="Env" />. They entered into force on 1st January 2017.


As well as consolidating and updating the legislation, there is also a set of amendments to the 2016 Regulations which revise the rules for mobile crushing of lamps that contain mercury (the T17 exemption)<ref name="Env" />. This restricts those who are able to crush lamps under the T17 and reduce the number of lamps which can be crushed without a permit<ref name="Env" />.
As well as consolidating and updating the previous [[Environmental Permitting|environmental permitting]] legislation they also amend a wide range of Acts including the [[Control of Pollution Act 1974]], the Water Industry Act 1991, Clean Air Act 1993 and Goods Vehicles (Licensing of Operators) Act 1995<ref name ="WIS">[https://www.wiserenvironment.co.uk/new-environmental-permitting-regulations-2016-come-force/ Wiser Environment]</ref>.  One hundred and twenty-one Statutory Instruments also have amendments made under these Regulations.


Furthermore there is also a set of amendments to the 2016 Regulations which revise the rules for mobile crushing of lamps that contain mercury (the T17 exemption)<ref name="Env" />. This restricts those who are able to crush lamps under the T17 and reduce the number of lamps which can be crushed without a permit<ref name="Env" />.
The [[Environmental Permitting (England and Wales) Regulations 2016]] have also been used to transpose many EU Directives into domestic law. Each Directive or policy area covered by the [[Environmental Permitting (England and Wales) Regulations 2016]]  has a speciifc schedule<ref>[https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/935917/environmental-permitting-core-guidance.pdf /[[DEFRA]] Environmenal Permitting Core Guidance]</ref>.
{| class="wikitable"
|-
! Policy Area !! [[EPR (Regs England & Wales)|EPR]] Schedule
|-
| Chapter II [[Industrial Emissions Directive]] ([[IPPC Directive|Integrated Pollution Prevention and Control]]) || 7 – Part A installations
|-
| Part B installations and Part B mobile plant || 8 – Part B installations and Part B mobile plant
|-
| [[Waste Framework Directive]] || 9 – Waste operations and materials facilities
|-
| [[Landfill Directive]] || 10 - [[Landfill]]
|-
| [[End-of-Life Vehicles]] Directive || 11 – [[End-of-Life Vehicles|Waste motor vehicles]]
|-
| [[WEEE Directive|Waste Electrical and Electronic Equipment Directive]] || 12 – [[Waste Electrical and Electronic Equipment]]
|-
| Chapter IV [[Industrial Emissions Directive]] || 13 – [[Waste]] [[Incineration]]
|-
| Chapter V [[Industrial Emissions Directive]] || 14 – Solvent emission activities
|-
| Chapter III [[Industrial Emissions Directive]] || 15 – Large Combustion plants
|-
| Asbestos Directive || 16 – Asbestos
|-
|Chapter VI [[Industrial Emissions Directive]]  || 17 – Titanium dioxide
|-
|  Petrol Vapour Recovery Directive|| 18 – Petrol vapour recovery
|-
| [[Batteries]] Directive || 19 – Waste [[Batteries|batteries]] and accumulators
|-
| [[Mining Waste]] Directive || 20 – [[Mining Waste]] operations
|-
| Water discharge activities || 21 – Water discharge activities
|-
| Groundwater activities || 22 – Groundwater activities
|-
| Basic Safety Standards Directive || 23 – Radioactive substances activities
|-
| Energy Efficiency Directive || 24 – Efficiency in heating and cooling energy
|-
| Flood risk activities and excluded flood risk activities || 25 – Flood risk activities and excluded flood risk activities
|-
| Medium Combustion Plant Directive || 25A - Medium combustion plants
|-
| Specified generators || 25B - Specified generators
|}
In late November 2018, [[DEFRA]] published the Environmental Protection (Miscellaneous Amendments) (England and Wales) Regulations 2018<ref name="WIS" />. These amendments strengthen the assessment and enforcement of operator competence and require that all waste sites operate in accordance with a written management system. These amends came into force on 7th April 2019<ref name="WIS" />.


==References==
==References==
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