The Environmental Permitting (England and Wales) Regulations 2016

[^f00002]: 2014 c. 21. Section 61(9) contains the definition of “the Minister”.

[^f00003]: 1972 c. 68; paragraph 1A of Schedule 2 was inserted by section 28 of the Legislative and Regulatory Reform Act 2006 (c.51) and was amended by Part 1 of the Schedule to the European Union (Amendment) Act 2008 (c.7) and by S.I. 2007/1388.

[^f00004]: 2008 c. 13.

[^f00005]: Section 2(2) was amended by section 27(1)(a) of the Legislative and Regulatory Reform Act 2006 and by Part 1 of the Schedule to the European Union (Amendment) Act 2008.

[^f00006]: OJ No L 226, 6.9.2000, p 3, as last amended by Commission Decision 2014/955/EU (OJ No L 370, 30.12.2014, p 44).

[^f00007]: The reference in section 2(8) to approval by each House of Parliament has effect in relation to exercise of functions by the Welsh Ministers as if it were a reference to approval by the National Assembly for Wales by virtue of paragraph 33 of Schedule 11 to the Government of Wales Act 2006.

[^f00008]: 2006 c.32. Section 158(1) defines “Wales” as including the sea adjacent to Wales out as far as the seaward boundary of the territorial sea. Section 158(3) makes provision for the determination of any boundary between waters which are to be treated as parts of the sea adjacent to Wales and those which are not. The boundary between the sea adjacent to Wales and that adjacent to England is partly determined by article 6 of, and Schedule 3 to, S.I. 1999/672. By virtue of paragraph 26 of Schedule 11 to the Government of Wales Act 2006, S.I. 1999/672 continues to have effect.

[^f00009]: 1998 c. 46. The boundaries between waters which are to be treated as internal waters or territorial sea of the United Kingdom adjacent to Scotland and those which are not are set out in S.I. 1999/1126.

[^f00010]: 1980 c. 66.

[^f00011]: 1990 c. 43.

[^f00012]: 1991 c. 57.

[^f00013]: 1993 c. 12.

[^f00014]: 1995 c. 25.

[^f00015]: S.I. 2007/3538, amended by S.I. 2009/1307, 1799, 3381, 2010/22, 490, 675, 2011/988 and 2012/811.

[^f00016]: S.I. 2010/675, amended by paragraph 30 of Part 2 of Schedule 12 to the Energy Act 2013 (c. 32) and by S.I. 2010/676, 2172, 2011/600 (W. 88), 988, 2043, 2933, 2012/630, 811, 2013/390, 755 (W. 90), 766, 2952, 2014/255, 517 (W. 60), 2852, 2015/324, 664, 918, 934, 1360, 1417 (W. 141), 1756, 1973, 2016/58 (W. 28), 149, 475, 691 (W. 189) and 738.

[^f00017]: 1947 c. 48.

[^f00018]: 2009 c. 23; Part 4 of that Act concerns marine licensing.

[^f00019]: Section 75 was amended by S.I. 2011/405 and 2016/738.

[^f00020]: S.I. 2012/811, to which there are amendments not relevant to these Regulations.

[^f00021]: S.I. 2005/894, to which there are amendments not relevant to these Regulations.

[^f00022]: S.I. 2005/1806 (W. 138), amended by S.I. 2015/1417 (W. 141); there are other amending instruments but none is relevant.

[^f00023]: Section 100 was amended by paragraph 21 of Schedule 4 to the Local Government Act 1985 (c. 51), paragraph 62 of Schedule 25 to the Water Act 1989 (c. 15), paragraph 36(1) of Schedule 1 to the Water Consolidation (Consequential Provisions) Act 1991 (c. 60) and paragraph 9 of Schedule 7 to the Local Government (Wales) Act 1994 (c. 19).

[^f00024]: Part 4 was amended by section 76(2) of the Energy Act 2016 (c. 20) and by S.I. 2011/405, 1043, 1210, 2015/374, 664 and 2016/738. It is prospectively amended by sections 76 to 80 of the Environment (Wales) Act 2016 (anaw. 3) from a date to be appointed.

[^f00025]: Section 163 was amended by S.I. 2003/1615 and 2013/755 (W. 90).

[^f00026]: 1991 c. 56.

[^f00027]: 1971 c. 80.

[^f00028]: OJ No L 85, 28.3.1987, p 40, as last amended by Council Regulation (EC) No 807/2003 (OJ No L 122, 16.5.2003, p 36).

[^f00029]: OJ No L 159, 29.6.1996, p 1, as corrected by a corrigendum (OJ No L 314, 4.12.1996, p 20). The Directive is prospectively repealed from 6th February 2018 by Council Directive 2013/59/Euratom (OJ No L 13, 17.1.2014, p 1).

[^f00030]: OJ No L 266, 26.9.2006, p 1, as last amended by Directive 2013/56/EU (OJ No L 329, 10.12.2013, p 5).

[^f00031]: OJ No L 269, 21.10.2000, p 34, as last amended by Commission Directive (EU) 2016/774 (OJ No L 128, 19.5.2016, p 4).

[^f00032]: OJ No L 315, 14.11.2012, p 1, as last amended by Council Directive 2013/12/EU (OJ No L 141, 28.5.2013, p 28).

[^f00033]: OJ No L 372, 27.12.2006, p 19, as last amended by Commission Directive 2014/80/EU (OJ No L 182, 21.6.2014, p 52).

[^f00034]: OJ No L 346, 31.12.2003, p 57. The Directive is prospectively repealed from 6th February 2018 by Council Directive 2013/59/Euratom (OJ No L 13, 17.1.2014, p 1).

[^f00035]: OJ No L 334, 17.12.2010, p 17, as corrected by a corrigendum (OJ No L 158, 19.6.2012, p 25).

[^f00036]: OJ No L 182, 16.7.1999, p 1, as last amended by Council Directive 2011/97/EU (OJ No L 328, 10.12.2011, p 49).

[^f00037]: OJ No L 11, 16.1.2003, p 27.

[^f00038]: OJ No L 102, 11.4.2006, p 15, as last amended by Regulation (EC) No 596/2009 (OJ No L 188, 18.7.2009, p 14).

[^f00039]: OJ No L 365, 31.12.1994, p 24, as last amended by Regulation (EC) No 1137/2008 (OJ No L 311, 21.11.2008, p 1).

[^f00040]: OJ No L 285, 31.10.2009, p 36, as amended by Commission Directive 2014/99/EU (OJ No L 304, 23.10.2014, p 89).

[^f00041]: OJ No L 312, 22.11.2008, p 3, as last amended by Commission Directive (EU) 2015/1127 (OJ No L 184, 11.7.2015, p 13).

[^f00042]: OJ No L 327, 22.12.2000, p 1, as last amended by Commission Directive 2014/101/EU (OJ No L 311, 31.10.2014, p 32).

[^f00043]: OJ No L 197, 24.7.2012, p 38.

[^f00044]: Section 33(1)(a) was amended by S.I. 2007/3538 and 2009/1799.

[^f00045]: 1984 c. 22.

[^f00046]: 2003 c. 44. The power to create penalties in section 2 of, and paragraph 25 of Schedule 1 to, the Pollution Prevention and Control Act 1999 (c. 24) is modified pending the commencement of section 154(1) of the Criminal Justice Act 2003 by section 105 of the Clean Neighbourhoods and Environment Act 2005 (c. 16), as amended by section 88(1) of the Climate Change Act 2008 (c. 27).

[^f00047]: Section 91A was inserted by section 58 of the 1995 Act.

[^f00048]: S.I. 2007/2325. The date of 31st March 2016 was the day before S.I. 2007/2325 was revoked by S.I. 2015/1973, with a saving provision in relation to where its provisions were referred to in connection with the definition of terms in other instruments.

[^f00049]: S.I. 2015/1973.

[^f00050]: 2010 c. 29.

[^f00051]: S.I. 2003/2635, amended by S.I. 2007/3538; there are other amending instruments but none is relevant.

[^f00052]: S.I. 2007/1711, amended by S.I. 2010/675; there are other amending instruments but none is relevant.

[^f00053]: S.I. 2011/988, to which there are amendments not relevant to these Regulations.

[^f00054]: 2015 c. 26.

[^f00055]: 1996 c. 56; section 4(1) was substituted by section 51 of the Education Act 1997 (c. 44) and amended by Part 3 of Schedule 22 to the Education Act 2002 (c. 32), section 95(1) and (2) of the Childcare Act 2006 (c. 21), and paragraph 9(1) and (2)(a) of Schedule 13 to the Education Act 2011 (c. 21).

[^f00056]: S.I. 2013/971.

[^f00057]: 1990 c. 8.

[^f00058]: OJ No L 135, 30.5.1991, p 40, as last amended by Council Directive 2013/64/EU (OJ No L 353, 28.12.2013, p 8).

[^f00059]: OJ No L 140, 5.6.2009, p 114, as last amended by Directive 2011/92/EU (OJ No L 26, 28.1.2012, p 1).

[^f00060]: Section 41 was amended by paragraph 39 of Schedule 4 to the Flood and Water Management Act 2010 (c. 29) and by S.I. 2005/894, 1806 (W. 138), 2006/937, 2007/1711, 3106, 2008/3087, 2009/890, 3381, 2011/988, 1043, 2911, 2012/1659, 2788, 2013/755 (W. 90), 1821 and 2014/861.

[^f00061]: S.I. 2015/668.

[^f00062]: S.I. 2013/2506 (W. 245), amended by S.I. 2015/2020 (W. 308).

[^f00063]: 1947 c. 48.

[^f00064]: OJ No L 226, 6.9.2000, p 3, as last amended by Commission Decision 2014/955/EU (OJ No L 370, 30.12.2014, p 44).

[^f00065]: S.I. 2006/1344 (W. 134), to which there are amendments not relevant to these Regulations.

[^f00066]: S.I. 2005/2517; relevant amending instruments are S.I. 2011/1043, 2013/755 (W. 90), 2014/2420 and 2015/1723 (W. 235).

[^f00067]: S.I. 2015/610, to which there are amendments not relevant to these Regulations.

[^f00068]: S.I. 2006/1643 (W. 158), amended by S.I. 2011/1043; there are other amending instruments but none is relevant.

[^f00069]: 2013 c. 10.

[^f00070]: 1991 c. 59.

[^f00071]: OJ No L 353, 31.12.2008, p 1, as last amended by Commission Regulation (EU) No 1297/2014 (OJ No L 350, 6.12.2014, p 1).

[^f00072]: See http://archive.defra.gov.uk/environment/waste/producer/electrical/documents/weee-batrrt-guidance.pdf. A copy may be obtained from the Environment Agency, National Customer Contact Centre, PO Box 544, Rotherham, S60 1BY.

[^f00073]: See http://www.hse.gov.uk/pubns/priced/eh40.pdf. A copy may be obtained by writing to Health and Safety Executive Books at PO Box 1999, Sudbury, Suffolk CO10 2WA or via https://books.hse.gov.uk/hse/public/home.jsf.

[^f00074]: S.I. 2001/3998; relevant amending instruments are S.I. 2003/1432, 2005/1653, 2864, 3372, 2007/2154, 2009/3136, 2010/1144, 1799, 2011/448, 2012/973, 1311, 2013/176, 625, 2014/1275, 1377, 3277, 2015/231 and 891.

[^f00075]: 1974 c. 40.

[^f00076]: 1989 c. 14; section 5 was substituted, together with section 5A, by section 37 of the Clean Neighbourhoods and Environment Act 2005 (c. 16).

[^f00077]: 1991 c. 56.

[^f00078]: S.I. 2013/3113, amended by S.I. 2014/1771, 2015/1968 and 2016/738.

[^f00079]: S.I. 2007/871, amended by S.I. 2007/3538, 2008/1941, 2010/675, 1159, 1820 (W. 177), 2849, 2011/988, 1043, 2012/3082, 2013/755 (W. 90), 1821, 1857, 2014/2890, 2016/241, 696, and 738.

[^f00080]: S.I. 2009/890, to which there are amendments not relevant to these Regulations.

[^f00081]: Section 34(1) was amended by S.I. 2000/1973, 2007/3528, 2010/675 and 2011/988. Section 34(1A) was inserted by S.I. 2009/1799 and amended by S.I. 2010/675.

[^f00082]: S.I. 2007/1711, amended by S.I. 2007/3538, 2008/9, 2010/265, 675, 1159, 2011/988, 1043 and 2014/861.

[^f00083]: 1979 c. 2.

[^f00084]: S.I. 1989/1263, amended by S.I. 1990/880, 1996/593, 973, 2000/656, 2010/1159, 1820 (W. 177) and 2013/755 (W. 90).

[^f00085]: 1991 c. 59.

[^f00086]: S.I. 2010/490, amended by S.I. 2012/1927; there are other amending instruments but none is relevant.

[^f00087]: 1981 c. 69; section 37A was inserted by section 77 of the Countryside and Rights of Way Act 2000 (c. 37) and was amended by paragraph 86 of Part 1 of Schedule 11 to the Natural Environment and Rural Communities Act 2006 (c. 16), by paragraphs 5 and 7 of Schedule 2 to the Planning (Wales) Act 2015 (anaw. 4) and by S.I. 2013/755 (W. 90).

[^f00088]: The definition was inserted by paragraph 5(2) of Schedule 9 to the Countryside and Rights of Way Act 2000.

[^f00089]: 1949 c. 97; section 21 was amended by Schedule 30 to the Local Government Act 1972 (c. 70), by paragraphs 15(e) and 19 of Part 1 of Schedule 11 to the Natural Environment and Rural Communities Act 2006, and by paragraph 1 of Part 1 of Schedule 2 to the Environment (Wales) Act 2016 (anaw. 3).

[^f00090]: See https://naturalresources.wales/media/679226/guidance-for-the-registration-of-small-sewage-effluent-discharges.pdf and https://naturalresources.wales/media/679225/canllawiau-ar-gyfer-cofrestru-gollyngiadau-elifion-carthion-bach.pdf. A copy may be obtained from Natural Resources Wales, c/o Customer Care Centre, Ty Cambria, 29 Newport Road, Cardiff, CF24 0TP.

[^f00091]: See https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/397173/ssd-general-binding-rules.pdf. A copy may be obtained from the Environment Agency, National Customer Contact Centre, PO Box 544, Rotherham, S60 1BY.

[^f00092]: S.I. 2010/490, amended by S.I. 2012/1927; there are other amending instruments but none is relevant.

[^f00093]: 1981 c. 69; the definition was inserted by paragraph 5(2) of Schedule 9 to the Countryside and Rights of Way Act 2000 (c. 37).

[^f00094]: Section 37A was inserted by section 77 of the Countryside and Rights of Way Act 2000 and was amended by paragraph 86 of Part 1 of Schedule 11 to the Natural Environment and Rural Communities Act 2006 (c. 16), by paragraphs 5 and 7 of Schedule 2 to the Planning (Wales) Act 2015 (anaw. 4) and by S.I. 2013/755 (W. 90).

[^f00095]: 1949 c. 97; section 21 was amended by Schedule 30 to the Local Government Act 1972 (c. 70), by paragraphs 15(e) and 19 of Part 1 of Schedule 11 to the Natural environment and Rural Communities Act 2006, and by paragraph 1 of Part 1 of Schedule 2 to the Environment (Wales) Act 2016 (anaw. 3).

[^f00096]: A copy may be obtained from the Environment Agency, National Customer Contact Centre, PO Box 544, Rotherham, S60 1BY.

[^f00097]: The map is available at https://naturalresources.wales/media/5634/flood-epr-salmonids.pdf. A copy may be obtained from Natural Resources Wales, c/o Customer Care Centre, Ty Cambria, 29 Newport Road, Cardiff, CF24 0TP.

[^f00098]: A copy may be obtained from the Environment Agency, National Customer Contact Centre, PO Box 544, Rotherham, S60 1BY.

[^f00099]: A copy may be obtained from the Environment Agency, National Customer Contact Centre, PO Box 544, Rotherham, S60 1BY.

[^f00100]: OJ No L 20, 26.1.2010, p 7, as amended by Council Directive 2013/17/EU (OJ No. L 158, 10.6.2013, p.193).

[^f00101]: OJ No L 206, 22.7.1992, p 7, as last amended by Council Directive 2013/17/EU.

[^f00102]: Section 16 was amended by paragraph 11(4) of Schedule 9 to the 1990 Act, paragraph 6 of Schedule 12 to the Countryside and Rights of Way Act 2000, paragraph 72 of Part 1 of Schedule 11 to the Natural Environment and Rural Communities Act 2006, section 10 of the Marine and Coastal Access Act 2009 (c. 23) and by S.I. 1995/2825, 2007/1843 and 2013/755 (W. 90).

[^f00103]: These Directions were made on 9th September 2015 in exercise of powers in section 40(2) of the 1995 Act and are available at http://www.legislation.gov.uk/uksi/2015/1623/pdfs/uksiod_20151623_en.pdf. A copy may be obtained from the Flood Risk Management Team, the Department for Environment, Food and Rural Affairs, Area 3C, Nobel House, 17 Smith Square, London SW1P 3JR.

[^f00104]: 2006 c. 16.

[^f00105]: 2016 anaw. 3.

[^f00106]: 2006 c. 16.

[^f00107]: 2016 anaw. 3.

[^f00108]: 2006 c. 16.

[^f00109]: 2016 anaw. 3.

[^f00110]: Section 108 was amended by section 55(6) to (9) of the Anti-social Behaviour Act 2003 (c. 38), section 53 of the Clean Neighbourhoods and Environment Act 2005 (c. 16), and paragraph 3(1) to (4) of Part 1 of Schedule 2 to the Protection of Freedoms Act 2012 (c. 9), and by S.I. 2000/1973, 2010/675, 2013/755 (W. 90), 2015/374 and 2016/475. It is prospectively amended by Schedule 3 to the Pollution Prevention and Control Act 1999 (c. 24) from a date to be appointed.

[^f00111]: 1952 c. 67; section 12 was amended by paragraph 14 of Schedule 15 to the Criminal Justice Act 1988 (c. 33).

[^f00112]: Section 41 was amended by paragraph 39 of Schedule 4 to the Flood and Water Management Act 2010 (c. 29), and by S.I. 2005/894, 1806 (W. 138), 2006/937, 2007/1711, 3106, 2008/3087, 2009/890, 3381, 2011/988, 1043, 2911, 2012/1659, 2788, 2013/755 (W. 90), 1821 and 2014/861.

[^f00113]: 1981 c. 67.

[^f00114]: 1961 c. 33; section 5 was amended by paragraph 1 of Schedule 15, and Part 3 of Schedule 19, to the Planning and Compensation Act 1991 (c. 34), and by S.I. 2009/1307.

[^f00115]: Section 4 was amended by S.I. 2009/1307.

[^f00116]: Section 1 was amended by S.I. 2009/1307.

[^f00117]: 1972 c. 70; section 250 was amended by sections 37, 38 and 46 of the Criminal Justice Act 1982 (c. 48), Part 3 of Schedule 12 to the Housing and Planning Act 1986 (c. 63) and the Statute Law Repeals Act 1989 (c. 43).

[^f00118]: OJ No L 26, 28.1.2012, p 1, as last amended by Directive 2014/52/EU (OJ No L 124, 25.4.2014, p 1).

[^f00119]: OJ No L 275, 25.10.2003, p 32, as last amended by Decision (EU) 2015/1814 (OJ No L 264, 9.10.2015, p 1).

[^f00120]: OJ No L 125, 21.5.2009, p 75.

[^f00121]: OJ No L 106, 17.4.2001, p 1, as last amended by Directive (EU) 2015/412 (OJ No L 68, 13.3.2015, p 1).

[^f00122]: S.I. 2011/988, amended by S.I. 2011/600 (W. 88), 2043, 2012/767, 1889, 2013/141, 755 (W. 90), 2014/656, 2015/483, 1360, 1417 (W. 141), 1640, 2016/58 (W. 28), 691 (W. 189) and 738.

[^f00123]: OJ No L 11, 16.1.2003, p 27.

[^f00124]: S.I. 2010/490, amended by S.I. 2012/1927; there are other amending instruments but none is relevant.

[^f00125]: 1981 c. 69; the definition was inserted by paragraph 5(2) of Schedule 9 to the Countryside and Rights of Way Act 2000 (c. 37).

[^f00126]: See http://www.ons.gov.uk/ons/guide-method/classifications/current-standard-classifications/standard-industrial-classification/index.html. A copy may be obtained from the Waste Regulation Team, the Department for Environment, Food and Rural Affairs, Area 2B, Nobel House, 17 Smith Square, London SW1P 3JR.

[^f00127]: OJ No L 304, 14.11.2008, p 75.

[^f00128]: OJ No L 151, 12.6.2012, p 9.

[^f00129]: 2004. c. 21; section 1 was amended by paragraph 10(1) and (2) of Part 1 of Schedule 2 to the Civil Contingencies Act 2004 (c. 36).

[^f00130]: 1990 c. 8.

[^f00131]: Section 191 was substituted by section 10(1) of the Planning and Compensation Act 1991 (c. 34) and amended by section 124(3) of the Localism Act 2011 (c. 20) and paragraph 6(1) and (3) of Schedule 4 to the Mobile Homes (Wales) Act 2013 (anaw. 6).

[^f00132]: Section 192 was substituted by section 10(1) of the Planning and Compensation Act 1991.

[^f00133]: 1991 c. 56; section 110A was inserted by section 45 of the Competition and Service (Utilities) Act 1992 (c. 43) and substituted by section 9(1) of the Water Act 2014 (c. 21).

[^f00134]: OJ No L 140, 5.6.2009, p 114, as last amended by Directive 2011/92/EU (OJ No L 26, 28.1.2012, p 1).

[^f00135]: Section 100 was amended by paragraph 21 of Schedule 4 to the Local Government Act 1985 (c. 51), paragraph 62 of Schedule 25 to the Water Act 1989 (c. 15), paragraph 36(1) of Schedule 1 to the Water Consolidation (Consequential Provisions) Act 1991 (c. 60) and paragraph 9 of Schedule 7 to the Local Government (Wales) Act 1994 (c. 19).

[^f00136]: 1991 c. 56; section 110A was inserted by section 45 of the Competition and Service (Utilities) Act 1992 (c. 43) and substituted by section 9(1) of the Water Act 2014 (c. 21).

[^f00137]: 1965 c. 57; the definition of “period of responsibility” was substituted by paragraph 20 of Part 2 of Schedule 12 to the Energy Act 2013 (c. 32).

[^f00138]: OJ No L 353, 31.12.2008, p 1, as last amended by Commission Regulation (EU) No 1297/2014 (OJ No L 350, 6.12.2014, p 1).

[^f00139]: For the meaning of ‘sec’ and ‘+’ in this Part, see paragraph 3.

[^f00140]: See https://ec.europa.eu/energy/sites/ener/files/documents/122_part1.pdf.

[^f00141]: 1936 c. 49.

[^f00142]: Section 294 was modified, in relation to steps required to be taken by certain notices, by S.I. 1990/1519, 1992/656 and 1492.

[^f00143]: S.I. 1999/3232, amended by S.I. 2001/2626, 2975, 2002/2099, 2008/960, 2010/675, 2011/1043, 2013/755 (W. 90), 1471, 2014/469 and 3248.

[^f00144]: 1991 c. 56; the definition of “public sewer” was amended by section 99(6) of the Water Act 2003 (c. 37).

[^f00145]: 1965 c. 57; section 1 was substituted by paragraph 17 of Part 2 of Schedule 12 to the Energy Act 2013 (c. 32).

[^f00146]: Published by the National Radiological Protection Board, Chilton, Oxfordshire, 1999, NRPB-R306 (ISBN 978-0-85951-429-3). A copy may be obtained from the CRCE Directors’ Office, Centre for Chemical, Radiation and Environmental Hazards, Public Health England, Chilton, Didcot, OX11 0RQ.

[^f00147]: The concentrations in this table were calculated using methods adopted by the Health Protection Agency in their document HPA-CRCE-005 - Derivation of Liquid Exclusion or Exemption Levels to Support the RSA93 Exemption Order Review, published in Chilton, Oxfordshire in August 2010 (ISBN 0-978-85951-673-0).

[^f00148]: Section 98 was amended by S.I. 2010/675.

[^f00149]: 1936 c. 49; section 48 was amended by paragraph 2(1) of Schedule 1 and Part 1 of Schedule 3 to the Water Consolidation (Consequential Provisions) Act 1991 (c. 60). Section 79 is prospectively repealed by paragraph 7 of Schedule 3, and Schedule 4, to the Control of Pollution Act 1974 (c. 40) as from a day to be appointed. Section 82 was amended by paragraph 18(2) of Part 1 of Schedule 11 to the London Government Act 1963 (c. 33). Section 141 was amended by paragraph 4(2) of Schedule 15 to the 1990 Act. Section 259 was amended by Schedule 4 to the Control of Pollution Act 1974 and paragraph 4(3) of Schedule 15 to the 1990 Act.

[^f00150]: 1945 c. 42; section 18 is prospectively repealed by Schedule 4 to the Control of Pollution Act 1974 as from a day to be appointed.

[^f00151]: 1991 c. 60; Schedule 2 was amended by paragraph 29(3) of Part 2 of Schedule 7 to the Water Act 2003 (c. 37).

[^f00152]: 1974 c. 40.

[^f00153]: 1975 c. 51; section 4 was amended by section 233 (2)(a) of, and Part 5(B) of Schedule 22 to, the Marine and Coastal Access Act 2009 (c. 23), and by S.I. 2013/755 (W. 90).

[^f00154]: 1984 c. 55; section 59 was amended by Part 1 of Schedule 6 to the Airports Act 1986 (c. 31), section 5(b) of, and the Schedule to, the Sustainable and Secure Buildings Act 2004 (c. 22) and by S.I. 2001/3335, 4050, 2002/440 and 2011/2491. It is prospectively amended by paragraph 26(3) of Schedule 3 to the Flood and Water Management Act 2010 (c. 29) from a date to be appointed.

[^f00155]: 1990 c. 10.

[^f00156]: Part 3 was amended by Part 1 of Schedule 16 to the 1990 Act, paragraph 4 of Schedule 4, and Schedule 6, to the Clean Air Act 1993 (c. 11), sections 2 to 5 and 10 of the Noise and Statutory Nuisance Act 1993 (c. 40), paragraph 17(5) of Schedule 9 to the Local Government (Wales) Act 1994, paragraph 27 of Schedule 3 to the Vehicle Excise and Registration Act 1994 (c. 22), paragraph 89(2) and (3) of Schedule 22, and Schedule 24, to the 1995 Act, paragraphs 3 and 6 of Schedule 2 to the Pollution Prevention and Control Act 1999 (c. 24), and sections 86, 101, 102 and 103 of the Clean Neighbourhoods and Environment Act 2005 (c. 16), and by S.I. 2000/1973 and 2015/664. It is prospectively amended by Schedule 3 to the Pollution Prevention and Control Act 1999 from a date to be appointed.

[^f00157]: S.I. 2011/988, to which there are amendments not relevant to these Regulations.

[^f00158]: 1991 c. 56; section 72 was amended by paragraph 21 of Schedule 8 to the Water Act 2003 and paragraph 69 of Schedule 7 to the Water Act 2014 (c. 21). Section 111 was amended by paragraph 39(2) of Schedule 7 to the Water Act 2003.

[^f00159]: Chapter 3 of Part 4 was amended by paragraph 89(a) of Schedule 13 to the Merchant Shipping Act 1995 (c. 21), paragraphs 105 to 113 of Schedule 22, and Schedule 24, to the 1995 Act, section 36(2) of the Water Act 2003, and paragraph 1(2) of Part 1 of Schedule 11 to the Constitutional Reform Act 2005 (c. 4), and by S.I. 2000/1973, 2007/3538, 2010/675, 2011/1043 and 2013/755 (W. 90). It is prospectively amended by Schedule 3 to the Pollution Prevention and Control Act 1999, by sections 88(1), (3) and (4) and 89 of, and Part 3 of Schedule 9 to, the Water Act 2003, and by section 66(2) of the Environment (Wales) Act 2016 (anaw. 3) from a date to be appointed.

[^f00160]: Paragraph 2 of Schedule 8 is prospectively amended by paragraph 123 of Schedule 7 to the Water Act 2014 from a date to be appointed. Paragraphs 3 and 4 were amended by section 36(2) of the Water Act 2003.

[^f00161]: Section 43 was repealed by Part 1 of Schedule 3 to the Water Consolidation (Consequential Provisions) Act 1991. Section 44 was repealed by Part 1 of Schedule 27 to the Water Act 1989 (c. 15) and Part 1 of Schedule 3 to the Water Consolidation (Consequential Provisions) Act 1991.

[^f00162]: Section 84 was amended by S.I. 2010/675 and 2013/755(W. 90). Section 92 was amended by paragraph 144 of Schedule 22 to the 1995 Act, and by S.I. 2010/675 and 2013/755 (W. 90). Section 93 was amended by S.I. 2009/3104 and 2013/755 (W. 90). Section 161 was substituted, together with sections 161ZA-161ZC, 161A, 161AA, 161AB, by S.I. 2009/3104. Sections 161, 161ZA, 161ZB, 161A and 161AA were amended by S.I. 2013/755 (W. 90). Sections 161ZC and 161AB were amended by S.I. 2010/675 and 2013/755 (W. 90). Sections 161B to 161D were inserted by paragraph 162 of Schedule 22 to the 1995 Act. Section 161B was amended by S.I. 2007/3538 and 2013/755 (W. 90). Sections 161D was amended by S.I. 2013/755 (W. 90) and 2015/664. Section 190 was amended by paragraph 169 of Schedule 22, and Schedule 24, to the 1995 Act, and by S.I. 2010/675 and 2013/755 (W. 90). Section 202 was amended by paragraph 172 of Schedule 22, and Schedule 24, to the 1995 Act. Section 203 was amended by paragraph 128 of Schedule 22 to the 1995 Act, paragraph 53(2) of Schedule 8 to the Water Act 2003, and paragraph 125 of Schedule 7 to the Water Act 2014, and by S.I 2007/3538.

[^f00163]: Paragraph 6 of Schedule 25 was amended by paragraph 26 of Schedule 15 to the 1995 Act, section 224 of, and paragraph 24 of Schedule 16, and Part 5(B) of Schedule 22, to, the Marine and Coastal Access Act 2009, and by S.I. 2013/755 (W. 90).

[^f00164]: 1993 c. 11.

[^f00165]: 2009 c. 23.

[^f00166]: OJ No L 140, 5.6.2009, p 114, as last amended by Directive 2011/92/EU (OJ No L 26, 28.1.2012, p 1).

[^f00167]: The definition of “drainage” was amended by section 100(1) of, and Schedule 24 to, the 1995 Act.

[^f00168]: The definition of “main river” was amended by section 59(3) of the Water Act 2014 (c. 21).

[^f00169]: The definition of “watercourse” was amended by paragraph 128 of Schedule 22 to the 1995 Act, section 59(4)(b) of the Water Act 2014, and by S.I. 2013/755 (W. 90).

[^f00170]: Paragraph 1 of Schedule 22 was amended by paragraph 43(1) of Schedule 9 to the Coal Industry Act 1994 (c. 21), paragraph 15 of Schedule 5 to the Transport Act 2000 (c. 38), paragraph 114(2) of Schedule 17 to the Communications Act 2003 (c. 21), paragraph 18 of Schedule 19 to the Energy Act 2004 (c. 20), paragraph 138 of Part 3 of Schedule 12 to the Postal Services Act 2011 (c. 5), and by S.I. 2001/1149 and 2013/755 (W. 90).

[^f00171]: 2010 c.29; section 6(13) was amended by S.I. 2013/755 (W. 90).

[^f00172]: 1990 c. 8.

[^f00173]: Sections 191 and 192 were substituted by section 10(1) of the Planning and Compensation Act 1991 (c. 34).

[^f00174]: 1995 c. 21; the definition of “harbour authority” was substituted by paragraph 19(2)(a) of Schedule 6 to the Merchant Shipping and Maritime Security Act 1997 (c. 28).

[^f00175]: 1949 c. 74.

[^f00176]: Registered charity number 210252.

[^f00177]: 2009 c. 23; Part 4 was amended by section 76(2) of the Energy Act 2016 (c. 20) and by S.I. 2011/405, 1043, 1210, 2015/374, 664 and 2016/738. It is prospectively amended by sections 76 to 80 of the Environment (Wales) Act 2016 (anaw. 3) from a date to be appointed.

[^f00178]: These Directions were made on 9th September 2015 in exercise of powers in section 40(2) of the 1995 Act and are available at http://www.legislation.gov.uk/uksi/2015/1623/pdfs/uksiod_20151623_en.pdf. A copy may be obtained from the Flood Risk Management Team, the Department for Environment, Food and Rural Affairs, Area 3C, Nobel House, 17 Smith Square, London SW1P 3JR.

[^f00179]: 1974 c. 53; section 5 was amended by paragraph 24 of Schedule 7 to the Criminal Justice (Scotland) Act 1980 (c. 62), paragraph 36 of Schedule 14, and Schedule 16, to the Criminal Justice Act 1982 (c. 48), paragraph 9 of Schedule 8 to the Criminal Justice Act 1988 (c. 33), paragraph 48 of Schedule 9 to the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6), paragraph 18 of Schedule 32(1) to the Criminal Justice Act 2003 (c. 44), paragraph 65 of Schedule 16 and Schedule 17 to the Armed Forces Act 2006 (c. 52), and section 139 of, and paragraph 2 of Schedule 21(1) to, the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10).

[^f00180]: Amended by S.I. 2010/675.

[^f00181]: Amended by S.I. 2010/675.

[^f00182]: Amended by S.I. 2016/58 (W. 28).

[^f00183]: Amended by S.I. 2015/483.

[^f00184]: 1964 c. 29; section 7 was amended by paragraph 2(3) of Schedule 4 to the Petroleum Act 1998 (c. 17) and by S.I. 2010/675 and 2011/2043.

[^f00185]: 1965 c. 57.

[^f00186]: Section 3 was substituted by paragraph 18 of Schedule 12 to the Energy Act 2013 (c. 32).

[^f00187]: Section 4 was substituted by paragraph 19 of Schedule 12 to the Energy Act 2013.

[^f00188]: 1974 c. 40; section 30(5) was amended by S.I. 2010/675 and 2011/2043. Section 30 is prospectively repealed by Part 2 of Schedule 16 to the 1990 Act on a date to be appointed.

[^f00189]: 1975 c. 51; section 5(5)(c) was substituted by S.I. 2010/675.

[^f00190]: Section 339(1A) was inserted by S.I. 2016/475.

[^f00191]: Section 28(2) was amended by S.I. 2010/675. Section 28 is prospectively repealed by Schedule 3 to the Pollution Prevention and Control Act 1999 (c. 24) on a date to be appointed.

[^f00192]: Section 29(12) was inserted by S.I. 2007/3538 and substituted by S.I. 2010/675.

[^f00193]: Section 33(1B) was inserted by S.I. 2007/3538 and substituted by S.I. 2010/675.

[^f00194]: 2009 c. 23.

[^f00195]: Section 75 was amended by S.I. 2011/405 and 2016/738.

[^f00196]: Section 78YB was inserted by section 57 of the 1995 Act; subsection (5) was inserted by S.I. 2007/3538 and amended by S.I. 2010/675.

[^f00197]: Section 78YC was inserted by section 57 of the 1995 Act and amended by S.I. 2010/675.

[^f00198]: Section 142(7) was amended by S.I. 2006/2407, 2010/675, 2012/1916 and 2014/1638.

[^f00199]: 1991 c. 46.

[^f00200]: Paragraph 10C was inserted by S.I. 2010/675.

[^f00201]: 1991 c. 56.

[^f00202]: Section 117(5)(a) was amended by paragraph 97 of Schedule 7 to the Water Act 2014 (c. 21).

[^f00203]: Section 138(1B) was inserted by S.I. 2000/1973 and paragraph (a) was amended by S.I. 2010/675.

[^f00204]: The definition was inserted by S.I. 2010/675.

[^f00205]: 1991 c. 60; paragraph 30(1) was amended by S.I. 2010/675.

[^f00206]: 1993 c. 11; section 41A was inserted by S.I. 2000/1973; subsection 2(c) was inserted by S.I. 2007/3538 and amended by S.I. 2010/675; subsection (4) was inserted by S.I. 2007/3538 and amended by S.I. 2009/1799 and 2010/675.

[^f00207]: 1995 c. 23; paragraph 5(1a) was inserted by S.I. 2007/3538 and amended by S.I. 2010/675.

[^f00208]: Section 42(3)(b) was substituted by S.I. 2010/675.

[^f00209]: Paragraph (j) of the definition of “environmental licence” was substituted by S.I. 2009/3381.

[^f00210]: Paragraph 4(3)(d) of Schedule 20 was inserted by S.I. 2000/1973 and substituted by S.I. 2010/675.

[^f00211]: 1998 c. 17; section 4B was inserted by section 50 of the Infrastructure Act 2015 (c. 7).

[^f00212]: 2000 c. 17; relevant amendments to paragraph 51(6) were made by S.I. 2001/1139, 2007/3538 and 2010/675.

[^f00213]: 2004 c. 20.

[^f00214]: Section 10 was amended by S.I. 2010/675.

[^f00215]: The definition was amended by S.I. 2010/675.

[^f00216]: 2008 c. 29; section 30A was inserted by S.I. 2015/949.

[^f00217]: 2008 c. 32; section 59(2)(d) was amended by S.I. 2010/675.

[^f00218]: 2013 c. 10.

[^f00219]: 2014 c. 20. Schedule 1 comes into force on a day to be appointed.

[^f00220]: S.I. 1985/1699; relevant amending instruments are S.I. 1994/1056, 2007/3538 and 2010/675.

[^f00221]: S.I. 1987/764; relevant amending instruments are S.I. 2002/1875 (W. 184) and 2010/675.

[^f00222]: S.I. 1987/2197, amended by S.I. 2010/675 and 2011/2043.

[^f00223]: S.I. 1994/2841, amended by S.I. 2010/675; there are other amending instruments but none is relevant.

[^f00224]: S.I. 1996/1527; relevant amending instruments are S.I. 2007/3538 and 2010/675.

[^f00225]: S.I. 1999/915; relevant amending instruments are S.I. 2007/3538 and 2010/675.

[^f00226]: S.I. 1999/3232, amended by S.I. 2010/675; there are other amending instruments but none is relevant.

[^f00227]: S.I. 2000/388, amended by S.I. 2010/675; there are other amending instruments but none is relevant.

[^f00228]: S.I. 2000/3236, amended by S.I. 2010/675; there are other amending instruments but none is relevant.

[^f00229]: S.I. 2001/2954; relevant amending instruments are S.I. 2007/3538 and 2010/675.

[^f00230]: S.I. 2003/2454, amended by S.I. 2010/675.

[^f00231]: S.I. 2003/2635; relevant amending instruments are S.I. 2007/3538 and 2010/675.

[^f00232]: S.I. 2003/2761, amended by S.I. 2010/675; there are other amending instruments but none is relevant.

[^f00233]: S.I. 2003/3242, amended by S.I. 2015/1623; there are other amending instruments but none is relevant.

[^f00234]: S.I. 2004/99, amended by S.I. 2016/139.

[^f00235]: S.I. 2005/894, amended by S.I. 2010/675; there are other amending instruments but none is relevant.

[^f00236]: S.I. 2005/1806 (W. 138); relevant amending instruments are S.I. 2007/3538, 2010/675 and 2011/2043; there are other amending instruments but none is relevant.

[^f00237]: S.I. 2006/1256, amended by S.I. 2010/675; there are other amending instruments but none is relevant.

[^f00238]: S.I. 2006/1257, amended by S.I. 2010/675; there are other amending instruments but none is relevant.

[^f00239]: S.I. 2006/1258, amended by S.I. 2010/675; there are other amending instruments but none is relevant.

[^f00240]: S.I. 2006/1379, to which there are amendments not relevant to these Regulations.

[^f00241]: S.I. 2006/1380; relevant amending instruments are S.I. 2007/3538 and 2010/675.

[^f00242]: The date of 26th February 2013 was the day before S.I. 2010/675 was amended by S.I. 2013/390, removing references to Part A(1) mobile plant.

[^f00243]: S.I. 2006/2988 (W. 277), amended by S.I. 2008/521; there are other amending instruments but none is relevant.

[^f00244]: S.I. 2006/2989 (W. 278); relevant amending instruments are S.I. 2007/3538 and 2010/675.

[^f00245]: S.I. 2007/871; relevant amending instruments are S.I. 2007/3538 and 2010/675.

[^f00246]: S.I. 2007/3106, amended by S.I. 2010/675; there are other amending instruments but none is relevant.

[^f00247]: S.I. 2008/2841, to which there are amendments not relevant to these Regulations.

[^f00248]: S.I. 2009/665, amended by S.I. 2014/3070; there are other amending instruments but none is relevant.

[^f00249]: S.I. 2009/890, amended by S.I. 2010/675; there are other amending instruments but none is relevant.

[^f00250]: S.I. 2009/995 (W. 81), amended by S.I. 2012/630; there are other amending instruments but none is relevant.

[^f00251]: S.I. 2009/1927, amended by S.I. 2013/755 (W. 90); there are other amending instruments but none is relevant.

[^f00252]: 2004. c. 21; section 1 was amended by paragraph 10(1) and (2) of Part 1 of Schedule 2 to the Civil Contingencies Act 2004 (c. 36).

[^f00253]: S.I. 2009/2037.

[^f00254]: S.I. 2010/265, amended by S.I. 2012/630; there are other amending instruments but none is relevant.

[^f00255]: S.I. 2010/490, amended by S.I. 2012/630; there are other amending instruments but none is relevant.

[^f00256]: S.I. 2011/41.

[^f00257]: S.I. 2011/988; relevant amending instruments are S.I. 2011/2043, 2013/755 (W. 90) and 2014/656.

[^f00258]: S.I. 2011/1072.

[^f00259]: S.I. 2011/1824, to which there are amendments not relevant to these Regulations.

[^f00260]: S.I. 2011/2860; relevant amending instruments are S.I. 2013/2410 and 2016/257.

[^f00261]: S.I. 2012/1715, amended by S.I. 2013/390; there are other amending instruments but none is relevant.

[^f00262]: S.I. 2012/1867.

[^f00263]: S.I. 2012/2284, to which there are amendments not relevant to these Regulations.

[^f00264]: S.I. 2012/2635, to which there are amendments not relevant to these Regulations.

[^f00265]: S.I. 2012/2679.

[^f00266]: S.I. 2012/2999, to which there are amendments not relevant to these Regulations.

[^f00267]: S.I. 2012/3038, to which there are amendments not relevant to these Regulations.

[^f00268]: S.I. 2013/198.

[^f00269]: S.I. 2013/586, to which there are amendments not relevant to these Regulations.

[^f00270]: S.I. 2013/648, to which there are amendments not relevant to these Regulations.

[^f00271]: S.I. 2013/675, to which there are amendments not relevant to these Regulations.

[^f00272]: S.I. 2013/1933.

[^f00273]: S.I. 2013/1967.

[^f00274]: S.I. 2013/2258.

[^f00275]: S.I. 2013/2587.

[^f00276]: S.I. 2013/2808.

[^f00277]: S.I. 2013/2809.

[^f00278]: S.I. 2013/3113, to which there are amendments not relevant to these Regulations.

[^f00279]: S.I. 2013/3200.

[^f00280]: S.I. 2013/3244.

[^f00281]: S.I. 2014/909.

[^f00282]: S.I. 2014/1052.

[^f00283]: S.I. 2014/1599, to which there are amendments not relevant to these Regulations.

[^f00284]: S.I. 2014/1796.

[^f00285]: S.I. 2014/1873, to which there are amendments not relevant to these Regulations.

[^f00286]: S.I. 2014/2027.

[^f00287]: S.I. 2014/2269.

[^f00288]: S.I. 2014/2384, to which there are amendments not relevant to these Regulations.

[^f00289]: S.I. 2014/2434, to which there are amendments not relevant to these Regulations.

[^f00290]: S.I. 2014/2441.

[^f00291]: S.I. 2014/2637.

[^f00292]: S.I. 2014/2846.

[^f00293]: S.I. 2014/2935.

[^f00294]: S.I. 2014/2950, to which there are amendments not relevant to these Regulations.

[^f00295]: S.I. 2014/3102.

[^f00296]: S.I. 2014/3223 (W. 328), to which there are amendments not relevant to these Regulations.

[^f00297]: S.I. 2014/3263, to which there are amendments not relevant to these Regulations.

[^f00298]: S.I. 2014/3328, to which there are amendments not relevant to these Regulations.

[^f00299]: S.I. 2014/3331, to which there are amendments not relevant to these Regulations.

[^f00300]: S.I. 2015/23.

[^f00301]: S.I. 2015/129, to which there are amendments not relevant to these Regulations.

[^f00302]: S.I. 2015/147, to which there are amendments not relevant to these Regulations.

[^f00303]: S.I. 2015/318, to which there are amendments not relevant to these Regulations.

[^f00304]: S.I. 2015/430.

[^f00305]: S.I. 2015/462, to which there are amendments not relevant to these Regulations.

[^f00306]: S.I. 2015/483, to which there are amendments not relevant to these Regulations.

[^f00307]: S.I. 2015/596, amended by S.I. 2016/332; there are other amending instruments but none is relevant.

[^f00308]: S.I. 2015/668.

[^f00309]: S.I. 2015/680, to which there are amendments not relevant to these Regulations.

[^f00310]: S.I. 2015/780.

[^f00311]: S.I. 2015/810, to which there are amendments not relevant to these Regulations.

[^f00312]: S.I. 2015/1317.

[^f00313]: S.I. 2015/1347.

[^f00314]: S.I. 2015/1360.

[^f00315]: S.I. 2015/1386, to which there are amendments not relevant to these Regulations.

[^f00316]: S.I. 2015/1561, to which there are amendments not relevant to these Regulations.

[^f00317]: S.I. 2015/1570, to which there are amendments not relevant to these Regulations.

[^f00318]: S.I. 2015/1574, to which there are amendments not relevant to these Regulations.

[^f00319]: S.I. 2015/1592.

[^f00320]: S.I. 2015/1832, to which there are amendments not relevant to these Regulations.

[^f00321]: S.I. 2015/1876.

[^f00322]: S.I. 2015/1973.

[^f00323]: S.I. 2015/1984.

[^f00324]: S.I. 2015/2044.

[^f00325]: S.I. 2016/17.

[^f00326]: S.I. 2016/49.

[^f00327]: S.I. 2016/58 (W. 28).

[^f00328]: S.I. 2016/73.

[^f00329]: S.I. 2016/166.

[^f00330]: S.I. 2016/297.

[^f00331]: S.I. 2016/359 (W. 112).

[^f00332]: S.I. 2016/384.

[^f00333]: S.I. 2016/545.

[^f00334]: S.I. 2016/547.

[^f00335]: S.I. 2016/684.

[^f00336]: S.I. 2016/772.

[^f00337]: S.I. 2016/779.

[^f00338]: S.I. 2016/818.