The Environmental Permitting (England and Wales) Regulations 2016

[^f00339]: S.I. 2016/844.

[^f00340]: S.I. 2016/853.

[^f00341]: S.I. 2016/863.

[^f00342]: S.I. 2016/880.

Part A(1)

• (a) Burning any fuel in an appliance with a rated thermal input of 50 or more megawatts.

Interpretation and application of Part A(1)

1

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

2

Nothing in this Part of this Section 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.

5

Nothing in this Part of this Section applies to burning fuels in an appliance installed on a gas storage or unloading platform as defined in regulation 2 of the Offshore Combustion Installations (Pollution Prevention and Control) Regulations 2013 .

1

Part B does not apply to any activity falling within Part A(1) of Section 5.1.

2

For the purpose of paragraph (a) of Part B of this Section, where two or more appliances with an aggregate net rated thermal input of 20 or more megawatts are operated on the same site by the same operator, those appliances must be treated as a single appliance with a net rated thermal input of 20 or more megawatts.

Part A(1)

• (a) Refining gas where this is likely to involve the use of 1,000 or more tonnes of gas in any 12-month period.

• (b) Operating coke ovens.

• (c) Gasification or liquefaction of—

• (i) coal, or

• (ii) other fuels in installations with a total rated thermal input of 20 or more megawatts.

• (d) Refining mineral oils.

• (e) The loading, unloading, handling or storage of, or the physical, chemical or thermal treatment of—

• (i) crude oil;

• (ii) stabilised crude petroleum.

• (f) Activities involving the pyrolysis, carbonisation, distillation, partial oxidation or other heat treatment of—

• (i) coal (other than the drying of coal),

• (ii) lignite,

• (iii) oil,

• (iv) other carbonaceous material, or

• (v) mixtures of any of these,

otherwise than with a view to making charcoal.

• (g) Activities involving the liquefaction or gasification of other carbonaceous material.

Interpretation and application of Part A(1)

1

Part A(1)(f) does not include—

• (a) the use of any substance as a fuel;

• (b) the incineration in a waste incineration plant or waste co-incineration plant of any substance as a waste;

• (c) any activity for the treatment of sewage or sewage sludge;

• (d) the anaerobic digestion of biodegradable material, whether or not containing or comprising waste.

2

In Part A(1)(f), 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 Part A(1), “carbonaceous material” includes such materials as charcoal, coke, peat, rubber and wood, but does not include wood which has not been chemically treated or sewage.

4

In paragraph (1)(d), “anaerobic digestion” means the mesophilic and thermophilic biological decomposition and stabilisation of biodegradable materials which—

• (a) is carried on under controlled anaerobic conditions,

• (b) produces a methane-rich gas mixture, and

• (c) results in stable sanitised material that can be applied to land for the benefit of agriculture or to improve the soil structure or nutrients in land.

1

In Part B—

• “existing service station” means a service station—which was put into operation, orfor which planning permission under the Town and Country Planning Act 1990 was granted,before 1st January 2010;

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

• “new service station” means—a service station for which planning permission under the Town and Country Planning Act 1990 was granted on or after 1st January 2010 and—in relation to paragraph (e) of Part B, it is put into operation on or after 1st January 2010;in relation to paragraph (f) of Part B, it is put into operation on or after 1st January 2012;any existing service station which, on or after 1st January 2012, undergoes a major refurbishment, which has the same meaning as in PVR II;

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

• “prescribed date” means 31st December 2011 if the throughput is in excess of 3,500m³ and 31st December 2018 if the throughput is in excess of 3,000m³;

• “service station” means any premises where petrol is dispensed to motor vehicle fuel tanks from stationary storage tanks but does not include any service station exclusively used in association with the construction and delivery of new motor vehicles;

• “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 Part B which, in relation to paragraphs (b) and (c), are also used in PVR I or, in relation to paragraphs (d) to (f), are also used in PVR II, have the same meaning as in those Directives.

Interpretation of Section 2.1

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.

Interpretation and application of Section 2.2

1

Part A(1) and Part B do not apply to hand soldering, flow soldering or wave soldering.

1

When determining the extent of an installation carrying on an activity within Part B(e), any location where the associated storage or handling of scrap which is to be heated as part of that activity is carried on, other than a location where scrap is loaded into a furnace, is to be ignored.

2

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

Part A(1)

• (a) Unless falling within Part A(2) of this Section, surface treating metals and plastic materials using an electrolytic or chemical process where the aggregated volume of the treatment vats is more than 30m³.

Part A(2)

• (a) Surface treating metals and plastic materials using an electrolytic or chemical process where the aggregated volume of the treatment vats is more than 30m³ and where the activity is carried on at the same installation as one or more activities falling within—

• (i) Part A(2) or Part B of Section 2.1,

• (ii) Part A(2) or Part B of Section 2.2, or

• (iii) Part A(2) or Part B of Section 6.4.

Part B

• (a) Any process for the surface treatment of metal which is likely to result in the release into air of any acid-forming oxide of nitrogen and which does not fall within Part A(1) or Part A(2) of this Section.

Part A(1)

• (a) Producing cement clinker in rotary kilns with a production capacity exceeding 500 tonnes per day or in other kilns with a production capacity exceeding 50 tonnes per day.

• (b) Producing lime or magnesium oxide in kilns with a production capacity of more than 50 tonnes per day.

Part A(2)

• (a) Grinding cement clinker.

Part B

• (a) Storing, loading or unloading cement or cement clinker in bulk prior to further transportation in bulk.

• (b) Blending cement in bulk or using cement in bulk other than at a construction site, including the bagging of cement and cement mixtures, the batching of ready-mixed concrete and the manufacture of concrete blocks and other cement products.

• (c) Slaking lime for the purpose of making calcium hydroxide or calcium magnesium hydroxide.

• (d) Producing lime or magnesium oxide where the activity does not involve the heating of more than 50 tonnes per day of calcium carbonate or calcium magnesium carbonate or both in aggregate.

Interpretation of Section 3.2

1

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

Part A(1)

• (a) Manufacturing glass fibre in plant with a melting capacity exceeding 20 tonnes per day.

Part A(2)

• (a) Manufacturing glass, unless falling within Part A(1) of this Section, where the melting capacity of the plant is more than 20 tonnes per day.

Part B

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

• (a) Manufacturing glass at any location with the capacity to make 5,000 or more tonnes of glass in any 12-month period, and any activity involving the use of glass which is carried on 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.

Part A(1)

• (a) Melting mineral substances including the production of mineral fibres in plants with a melting capacity exceeding 20 tonnes per day.

Part A(2)

• (a) Manufacturing cellulose fibre reinforced calcium silicate board using unbleached pulp.

Part B

• (a) Unless falling within Part A(1) or Part A(2) of any Section, the crushing, grinding or other size reduction, other than the cutting of stone, or the grading, screening or heating of any designated mineral or mineral product except where the operation of the activity is unlikely to result in the release into the air of particulate matter.

• (b) Any of the following activities unless carried on at an exempt location—

• (i) crushing, grinding or otherwise breaking up coal, coke or any other coal product;

• (ii) screening, grading or mixing coal, coke or any other coal product;

• (iii) loading or unloading petroleum coke, coal, coke or any other coal product except unloading on retail sale.

• (c) The crushing, grinding or other size reduction, with machinery designed for that purpose, of bricks, tiles or concrete.

• (d) Screening the product of any activity described in paragraph (c).

• (e) Coating road stone with tar or bitumen.

• (f) Loading, unloading or storing pulverised fuel ash in bulk prior to further transportation in bulk.

• (g) The fusion of calcined bauxite for the production of artificial corundum.

Interpretation and application of Part B

1

In Part B—

• “coal” includes lignite;

• “designated mineral or mineral product” means—clay, sand or any other naturally occurring mineral other than coal;metallurgical slag;boiler or furnace ash produced from the burning of coal, coke or any other coal product;gypsum which is a by-product of any activity;

• “exempt location” means—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 12-month period is in aggregate likely to be less than 10,000 tonnes, orany 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

Part B does not apply to any activity carried on underground.

Part A(1)

• (a) Manufacturing ceramic products (including roofing tiles, bricks, refractory bricks, tiles, stoneware or porcelain) by firing in kilns, where—

• (i) the kiln production capacity is more than 75 tonnes per day, or

• (ii) the kiln capacity is more than 4m³ and the setting density is more than 300kg/m³,

and a reducing atmosphere is used other than for the purposes of colouration.

Part A(2)

• (a) Unless falling within Part A(1) of this Section, manufacturing ceramic products (including roofing tiles, bricks, refractory bricks, tiles, stoneware or porcelain) by firing in kilns, where—

• (i) the kiln production capacity is more than 75 tonnes per day, or

• (ii) the kiln capacity is more than 4m³ and the setting density is more than 300kg/m³.

Part B

• (a) Unless falling within Part A(1) or A(2) of this Section, firing heavy clay goods or refractory materials (other than heavy clay goods) in a kiln.

• (b) Vapour glazing earthenware or clay with salts.

Interpretation of Part B

1

In Part B—

• “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.

Interpretation of Chapter 4

1

In Part A(1) of the Sections of this Chapter, “producing” means the production on an industrial scale by chemical or biological processing of substances or groups of substances listed in the relevant Sections.

SECTION 4.1 — Organic chemicals

Interpretation of Section 4.1

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.

Organic chemicals

Interpretation of Section 4.1

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.

Part A(1)

• (a) Producing inorganic chemicals such as—

• (i) gases (for example ammonia, hydrogen chloride, hydrogen fluoride, hydrogen cyanide, hydrogen sulphide, oxides of carbon, sulphur compounds, oxides of nitrogen, hydrogen, oxides of sulphur, phosgene);

• (ii) acids (for example chromic acid, hydrofluoric acid, hydrochloric acid, hydrobromic acid, hydroiodic acid, phosphoric acid, nitric acid, sulphuric acid, oleum and chlorosulphonic acid);

• (iii) bases (for example ammonium hydroxide, potassium hydroxide, sodium hydroxide);

• (iv) salts (for example ammonium chloride, potassium chlorate, potassium carbonate, sodium carbonate, perborate, silver nitrate, cupric acetate, ammonium phosphomolybdate);

• (v) non-metals, metal oxides, metal carbonyls or other inorganic compounds (for example calcium carbide, silicon, silicon carbide, titanium dioxide);

• (vi) halogens or interhalogen compounds comprising two or more of halogens, or any compound comprising one or more of those halogens and oxygen.

• (b) Unless falling within any other Section, any manufacturing activity which is likely to result in the release into the air of any hydrogen halide (other than the manufacture of glass or the coating, plating or surface treatment of metal) or which is likely to result in the release into the air or water of any halogen or any of the compounds mentioned in paragraph (a)(vi) (other than the treatment of water).

• (c) Unless falling within any other Section, any manufacturing activity (other than the application of a glaze or vitreous enamel) involving the use of, or the use or recovery of, any compound of any of the following elements—

• (i) antimony,

• (ii) arsenic,

• (iii) beryllium,

• (iv) gallium,

• (v) indium,

• (vi) lead,

• (vii) palladium,

• (viii) platinum,

• (ix) selenium,

• (x) tellurium,

• (xi) thallium,

where the activity may result in the release into the air of any of those elements or compounds or the release into water of any substance listed in paragraph 7(1) of Part 1 of this Schedule.

• (d) Recovering any compound of cadmium or mercury.

• (e) Unless falling within any other Section, any manufacturing activity involving the use of mercury or cadmium or any compound of either element or which may result in the release into the air of either of those elements or their compounds.

• (f) Unless falling within any other Section, any activity (other than the combustion or incineration of carbonaceous material as defined in the Interpretation of Part A(1) of Section 1.2) which is likely to result in the release into the air of any acid-forming oxide of nitrogen.

Part A(1)

• (a) Producing (including any blending which is related to their production) phosphorus-, nitrogen- or potassium-based fertilisers (simple or compound fertilisers).

Part A(1)

• (a) Producing plant health products or biocides.

Part A(1)

• (a) Producing pharmaceutical products.

Part A(1)

• (a) Producing explosives.

Part A(1)

• (a) Any activity for the manufacture of a chemical which may result in the release of ammonia into the air, other than an activity in which ammonia is only used as a refrigerant.

Part B

• (a) The storage in tanks, other than in tanks for the time being forming part of a powered vehicle, of any of the substances listed below, except where the total storage capacity of the tanks installed at the location in question in which the relevant substance may be stored is less than the figure specified below in relation to that substance—

• (i) one or more acrylates, 20 tonnes (in aggregate);

• (ii) acrylonitrile, 20 tonnes;

• (iii) anhydrous ammonia, 100 tonnes;

• (iv) anhydrous hydrogen fluoride, 1 tonne;

• (v) toluene di-isocyanate, 20 tonnes;

• (vi) vinyl chloride monomer, 20 tonnes;

• (vii) ethylene, 8,000 tonnes.

Part A(1)

• (a) The incineration of hazardous waste in a waste incineration plant or waste co-incineration plant with a capacity exceeding 10 tonnes per day.

• (b) The incineration of non-hazardous waste in a waste incineration plant or waste co-incineration plant with a capacity exceeding 3 tonnes per hour.

• (c) The incineration, other than incidentally in the course of burning landfill gas or solid or liquid waste, of any gaseous compound containing halogens.

Part B

• (a) The incineration in a small waste incineration plant with an aggregate capacity of 50kg or more per hour of the following waste—

• (i) vegetable waste from agriculture or forestry;

• (ii) vegetable waste from the food processing industry, if the heat generated is recovered;

• (iii) fibrous vegetable waste from virgin pulp production and from production of paper from pulp, if it is co-incinerated at the place of production and the heat generated is recovered;

• (iv) cork waste;

• (v) wood waste with the exception of wood waste which may contain halogenated organic compounds or heavy metals as a result of treatment with wood preservatives or coatings;

• (vi) animal carcasses.

• (b) The cremation of human remains.

Application of Part B

1

When determining the extent of an installation carrying on an activity within Part B, any location of the following description is to be ignored: any location where the associated storage or handling of wastes and residues which are to be incinerated as part of that activity is carried on, 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 on.

Part A(1)

• (a) The disposal of waste in a landfill—

• (i) receiving more than 10 tonnes of waste in any day, or

• (ii) with a total capacity of more than 25,000 tonnes,

but excluding disposals in a landfill taking only inert waste.

Part A(1)

• (a) Disposal or recovery of hazardous waste with a capacity exceeding 10 tonnes per day involving one or more of the following activities—

• (i) biological treatment;

• (ii) physico-chemical treatment;

• (iii) blending or mixing prior to submission to any of the other activities listed in this Section or in Section 5.1;

• (iv) repackaging prior to submission to any of the other activities listed in this Section or in Section 5.1;

• (v) solvent reclamation or regeneration;

• (vi) recycling or reclamation of inorganic materials other than metals or metal compounds;

• (vii) regeneration of acids or bases;

• (viii) recovery of components used for pollution abatement;

• (ix) recovery of components from catalysts;

• (x) oil re-refining or other re-uses of oil;

• (xi) surface impoundment.

Part A(1)

• (a) Disposal of non-hazardous waste with a capacity exceeding 50 tonnes per day (or 100 tonnes per day if the only waste treatment activity is anaerobic digestion) involving one or more of the following activities, and excluding activities covered by the Urban Waste Water Treatment (England and Wales) Regulations 1994—

• (i) biological treatment;

• (ii) physico-chemical treatment;

• (iii) pre-treatment waste for incineration or co-incineration;

• (iv) treatment of slags and ashes;

• (v) treatment in shredders of metal waste, including waste electrical and electronic equipment and end-of-life vehicles and their components.

• (b) Recovery or a mix of recovery and disposal of non-hazardous waste with a capacity exceeding 75 tonnes per day (or 100 tonnes per day if the only waste treatment activity is anaerobic digestion) involving one or more of the following activities, and excluding activities covered by the Urban Waste Water Treatment (England and Wales) Regulations 1994—

• (i) biological treatment;

• (ii) pre-treatment of waste for incineration or co-incineration;

• (iii) treatment of slags and ashes;

• (iv) treatment in shredders of metal waste, including waste electrical and electronic equipment and end-of-life vehicles and their components.

Interpretation of Part A(1)

1

In Part A(1), “anaerobic digestion” has the same meaning as in the Industrial Emissions Directive.

Part A(1)

• (a) Making solid fuel (other than charcoal) from waste by any process involving the use of heat.

Part A(1)

• (a) Temporary storage of hazardous waste with a total capacity exceeding 50 tonnes pending any of the activities listed in Sections 5.1, 5.2, 5.3 and paragraph (b) of this Section, except—

• (i) temporary storage, pending collection, on the site where the waste is generated, or

• (ii) activities falling within Section 5.2.

• (b) Underground storage of hazardous waste with a total capacity exceeding 50 tonnes.

Part A(1)

• (a) Independently operated treatment of waste water not covered by the Urban Waste Water Treatment (England and Wales) Regulations 1994 and discharged by an installation carrying out any other Part A(1) or A(2) activity.

Part A(1)

• (a) Producing, in industrial plant, pulp from timber or other fibrous materials.

• (b) Producing, in industrial plant, paper and board where the plant has a production capacity of more than 20 tonnes per day.

Part A(2)

• (a) Producing, in an industrial plant, one or more of the following wood-based panels with a production capacity exceeding 600m³ per day: oriented strand board, particleboard or fibreboard.

Part A(1)

• (a) Producing carbon or hard-burnt coal or electro-graphite by means of incineration or graphitisation.

Part A(1)

• (a) The following activities—

• (i) distilling tar or bitumen in connection with any process of manufacture, or

• (ii) heating tar for the manufacture of electrodes or carbon-based refractory materials,

where the activity is likely to involve the use in any 12-month period of 5 or more tonnes of tar or of bitumen or both in aggregate.

Part B

• (a) Any activity not falling within Part A(1) of this Section or of Section 6.2 involving—

• (i) heating, but not distilling, tar or bitumen in connection with any manufacturing activity, or

• (ii) oxidising bitumen by blowing air through it, at plant where no other activities described in any Section in this Schedule are carried on,

where the carrying on of the activity is likely to involve the use in any 12-month period of 5 or more tonnes of tar or bitumen or both in aggregate.

Interpretation of Part B

1

In Part B, “tar” and “bitumen” include pitch.

Part A(1)

• (a) Pre-treating (by operations such as washing, bleaching or mercerization) or dyeing fibres or textiles in plant with a treatment capacity of more than 10 tonnes per day.

Part A(2)

• (a) Unless falling within Part A(1) of this Section, surface treating substances, objects or products using organic solvents, in particular for dressing, printing, coating, degreasing, waterproofing, sizing, painting, cleaning or impregnating, in plant with a consumption capacity of more than 150kg or more per hour than 200 tonnes per year.

Part B

• (a) Unless falling within Part A(1) or Part A(2) of this Section or Part A(2)(c) of Section 2.1, any process (other than for the re-painting or re-spraying of, or of parts of, aircraft or road or railway vehicles) for applying to a substrate, or drying or curing after such application, printing ink or paint or any other coating material as, or in the course of, a manufacturing activity, where the process may result in the release into the air of particulate matter or of any volatile organic compound and is likely to involve the use in any 12-month period of—

• (i) 20 or more tonnes of printing ink, paint or other coating material which is applied in solid form,

• (ii) 20 or more tonnes of any metal coating which is sprayed on in molten form,

• (iii) 25 or more tonnes of organic solvents in respect of any cold set web offset printing activity or any sheet fed offset litho printing activity, or

• (iv) 5 or more tonnes of organic solvents in respect of any activity not mentioned in sub-paragraph (iii).

• (b) Unless falling within Part A(2) of this Section, re-painting or re-spraying road vehicles or parts of them if the activity may result in the release into the air of particulate matter or of any volatile organic compound and the carrying on of the activity is likely to involve the use of 1 or more tonnes of organic solvents in any 12-month period.

• (c) Re-painting or re-spraying aircraft or railway vehicles or parts of them if the activity may result in the release into the air of particulate matter or of any volatile organic compound and the carrying on of the activity is likely to involve the use in any 12-month period of—

• (i) 20 or more tonnes of any paint or other coating material which is applied in solid form,

• (ii) 20 or more tonnes of any metal coatings which are sprayed on in molten form, or

• (iii) 5 or more tonnes of organic solvents.

Interpretation and application of Part B

1

In Part B—

• “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 must 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.

3

When determining the extent of an installation carrying on an activity within Part B, any location where the associated cleaning of used storage drums prior to painting or their incidental handling in connection with such cleaning is carried on is to be ignored, unless that location forms part of a regulated facility at which a solvent emission activity is carried out.

Part B

• (a) Unless falling within Part A(1) or Part A(2) of any other Section—

• (i) manufacturing or formulating printing ink or any other coating material containing, or involving the use of, an organic solvent, where the carrying on of the activity is likely to involve the use of 100 or more tonnes of organic solvents in any 12-month period;

• (ii) manufacturing any powder for use as a coating where the process uses lead chromate or triglycidyl isocyanurate and material where there is the capacity to produce 200 or more tonnes of such powder in any 12-month period.

Interpretation of Part B

1

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

2

The amount of organic solvents used in an activity must be calculated as—

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

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

Part A(2)

• (a) Preservation of wood and wood products with chemicals with a production capacity exceeding 75m³ per day other than exclusively treating against sapstain.

Part B

• (a) Unless falling within Part A(2) of Section 6.1, manufacturing products wholly or mainly of wood at any works if the activity involves a relevant activity and the throughput of the works in any 12-month period is likely to be more than—

• (i) 10,000 cubic metres in the case of works at which wood is only sawed, or wood is sawed and subjected to excluded activities, or

• (ii) 1,000 cubic metres in any other case.

Interpretation of Part B

1

In Part B and in this paragraph—

• “excluded activity” means any relevant activity (other than sawing) which, ignoring any sawing carried on at the works, would be unlikely to result in the release into the air of any substance in paragraph 6(3) of Part 1 of this Schedule in a quantity capable of causing significant harm;

• “relevant activity” means the sawing, drilling, sanding, shaping, turning, planing, curing or chemical treatment of wood;

• “throughput” means the amount of wood which is subjected to a relevant activity, but where wood is subject to two or more relevant activities at the same works, the second and any subsequent activity is to be ignored;

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

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

Part A(2)

• (a) Manufacturing new tyres (but not remoulds or retreads) if this involves the use in any 12-month period of 50,000 or more tonnes of one or more of the following—

• (i) natural rubber;

• (ii) synthetic organic elastomers;

• (iii) other substances mixed with them.

Part B

• (a) Unless falling within Part A(1) or Part A(2) of any Section, the mixing, milling or blending of—

• (i) natural rubber, or

• (ii) synthetic organic elastomers,

if carbon black is used.

• (b) Any activity which converts the product of an activity falling within paragraph (a) into a finished product if related to an activity falling within that paragraph.

Interpretation of Section 6.8

1

• (1) In this Section—

• “animal” includes a bird or a fish;

• “controlled waters” has the meaning given in section 104 of the 1991 Act;

• “excluded activity” means—any activity carried on on a farm or agricultural holding other than—the manufacture of goods for sale;the production of compost for growing mushrooms;the manufacture or preparation of food or drink for human consumption but excluding—the extraction, distillation or purification of animal or vegetable oil or fat otherwise than as an activity incidental to the cooking of food for human consumption;any activity involving the use of green offal or the boiling of blood except the cooking of food (other than tripe) for human consumption;the cooking of tripe for human consumption elsewhere than on premises on which it is to be consumed;the fleshing, cleaning and drying of pelts of fur-bearing mammals;any activity carried on in connection with the operation of a collection centre for animal by-products;any activity for the manufacture of soap not falling within Part A(1) of Section 4.1;the storage of vegetable matter not falling within any other Section;the manufacture of starch;the salting of hides or skins, unless related to any other activity listed in this Schedule;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;any activity for cleaning, and any related activity for drying or dressing, seeds, bulbs, corms or tubers (and “related activity” means an activity being carried on by the same person at the same site);the drying of grain or pulses;any activity for the production of cotton yarn from raw cotton or for the conversion of cotton yarn into cloth;the drying of green crops;

• “food” includes—drink,articles and substances of no nutritional value which are used for human consumption, andarticles and substances used as ingredients in the preparation of food.

• (2) In sub-paragraph (1)—

• “green crops” means alfalfa (Lucerne), clover, grass, perennial ryegrass, tall fescue and other similar crops;

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

Part A(1)

• (a) Rearing poultry or pigs intensively in an installation with more than—

• (i) 40,000 places for poultry,

• (ii) 2,000 places for production pigs (over 30kg), or

• (iii) 750 places for sows.

Part A(1)

• (a) Capture of carbon dioxide streams from an installation for the purposes of geological storage pursuant to Chapter 3 of Part 1 of the Energy Act 2008 and other EU-derived domestic legislation which transposed Directive 2009/31/EC on the geological storage of carbon dioxide in relation to England and Wales.

Editorial notes

[^c23192431]: 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.

[^c23192441]: 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.

[^c23192451]: 1980 c. 66.

[^c23192461]: 1990 c. 43.

[^c23192471]: 1991 c. 57.

[^c23192481]: 1993 c. 12.

[^c23192491]: 1995 c. 25.

[^c23192501]: S.I. 2007/3538, amended by S.I. 2009/1307, 1799, 3381, 2010/22, 490, 675, 2011/988 and 2012/811.

[^c23192511]: 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.

[^c23192521]: 1947 c. 48.

[^c23192531]: 2009 c. 23; Part 4 of that Act concerns marine licensing.

[^c23192541]: Section 75 was amended by S.I. 2011/405 and 2016/738.

[^c23192551]: S.I. 2012/811, to which there are amendments not relevant to these Regulations.

[^c23192561]: S.I. 2005/894, to which there are amendments not relevant to these Regulations.

[^c23192571]: S.I. 2005/1806 (W. 138), amended by S.I. 2015/1417 (W. 141); there are other amending instruments but none is relevant.

[^c23192581]: 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).

[^c23192591]: 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.

[^c23192601]: Section 163 was amended by S.I. 2003/1615 and 2013/755 (W. 90).

[^c23192611]: 1991 c. 56.

[^c23192621]: 1971 c. 80.

[^c23192631]: 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).

[^c23192651]: 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).

[^c23192661]: 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).

[^c23192671]: 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).

[^c23192701]: OJ No L 334, 17.12.2010, p 17, as corrected by a corrigendum (OJ No L 158, 19.6.2012, p 25).

[^c23192711]: 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).

[^c23192721]: OJ No L 11, 16.1.2003, p 27.

[^c23192731]: 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).

[^c23192741]: 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).

[^c23192751]: 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).

[^c23192771]: 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).

[^c23192781]: OJ No L 197, 24.7.2012, p 38.

[^c23192791]: Section 33(1)(a) was amended by S.I. 2007/3538 and 2009/1799.

[^c23192801]: 1984 c. 22.

[^c23192821]: Section 91A was inserted by section 58 of the 1995 Act.

[^c23192831]: 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.

[^c23192841]: S.I. 2015/1973.

[^c23192851]: 2010 c. 29.

[^c23192861]: S.I. 2003/2635, amended by S.I. 2007/3538; there are other amending instruments but none is relevant.

[^c23192871]: S.I. 2007/1711, amended by S.I. 2010/675; there are other amending instruments but none is relevant.

[^c23192881]: S.I. 2011/988, to which there are amendments not relevant to these Regulations.

[^c23192891]: 2015 c. 26.

[^c23192901]: 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).

[^c23192911]: S.I. 2013/971.

[^c23192921]: 1990 c. 8.

[^c23192951]: 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.

[^c23192961]: S.I. 2015/668.

[^c23192981]: 1947 c. 48.

[^c23192991]: 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).

[^c23193001]: S.I. 2006/1344 (W. 134), to which there are amendments not relevant to these Regulations.

[^c23193011]: S.I. 2005/2517; relevant amending instruments are S.I. 2011/1043, 2013/755 (W. 90), 2014/2420 and 2015/1723 (W. 235).

[^c23193021]: S.I. 2015/610, to which there are amendments not relevant to these Regulations.

[^c23193031]: S.I. 2006/1643 (W. 158), amended by S.I. 2011/1043; there are other amending instruments but none is relevant.

[^c23193041]: 2013 c. 10.

[^c23193051]: 1991 c. 59.

[^c23193061]: 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).

[^c23193071]: 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.

[^c23193081]: 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.

[^c23193091]: 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.

[^c23193101]: 1974 c. 40.

[^c23193111]: 1989 c. 14; section 5 was substituted, together with section 5A, by section 37 of the Clean Neighbourhoods and Environment Act 2005 (c. 16).

[^c23193121]: 1991 c. 56.

[^c23193131]: S.I. 2013/3113, amended by S.I. 2014/1771, 2015/1968 and 2016/738.

[^c23193141]: 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.

[^c23193151]: S.I. 2009/890, to which there are amendments not relevant to these Regulations.

[^c23193161]: 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.

[^c23193171]: S.I. 2007/1711, amended by S.I. 2007/3538, 2008/9, 2010/265, 675, 1159, 2011/988, 1043 and 2014/861.

[^c23193181]: 1979 c. 2.

[^c23193191]: 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).

[^c23193201]: 1991 c. 59.

[^c23193221]: 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).

[^c23193231]: The definition was inserted by paragraph 5(2) of Schedule 9 to the Countryside and Rights of Way Act 2000.

[^c23193241]: 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).

[^c23193251]: 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.

[^c23193261]: 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.

[^c23193281]: 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).

[^c23193291]: 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).

[^c23193301]: 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).

[^c23193311]: A copy may be obtained from the Environment Agency, National Customer Contact Centre, PO Box 544, Rotherham, S60 1BY.

[^c23193321]: 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.

[^c23193331]: A copy may be obtained from the Environment Agency, National Customer Contact Centre, PO Box 544, Rotherham, S60 1BY.

[^c23193341]: A copy may be obtained from the Environment Agency, National Customer Contact Centre, PO Box 544, Rotherham, S60 1BY.

[^c23193371]: 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).

[^c23193381]: 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.

[^c23193391]: 2006 c. 16.

[^c23193401]: 2016 anaw. 3.

[^c23193411]: 2006 c. 16.

[^c23193421]: 2016 anaw. 3.

[^c23193431]: 2006 c. 16.

[^c23193441]: 2016 anaw. 3.

[^c23193451]: 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.

[^c23193461]: 1952 c. 67; section 12 was amended by paragraph 14 of Schedule 15 to the Criminal Justice Act 1988 (c. 33).

[^c23193471]: 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.

[^c23193481]: 1981 c. 67.

[^c23193491]: 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.

[^c23193501]: Section 4 was amended by S.I. 2009/1307.

[^c23193511]: Section 1 was amended by S.I. 2009/1307.

[^c23193521]: 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).

[^c23193531]: 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).

[^c23193551]: OJ No L 125, 21.5.2009, p 75.

[^c23193561]: 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).

[^c23193571]: 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.

[^c23193581]: OJ No L 11, 16.1.2003, p 27.

[^c23193611]: 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.

[^c23193631]: OJ No L 151, 12.6.2012, p 9.

[^c23193641]: 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).

[^c23193651]: 1990 c. 8.

[^c23193661]: 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).

[^c23193671]: Section 192 was substituted by section 10(1) of the Planning and Compensation Act 1991.

[^c23193681]: 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).

[^c23193701]: 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).

[^c23193711]: 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).

[^c23193721]: 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).

[^c23193731]: 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).

[^c23193741]: For the meaning of ‘sec’ and ‘+’ in this Part, see paragraph 3.

[^c23193761]: 1936 c. 49.

[^c23193771]: Section 294 was modified, in relation to steps required to be taken by certain notices, by S.I. 1990/1519, 1992/656 and 1492.

[^c23193791]: 1991 c. 56; the definition of “public sewer” was amended by section 99(6) of the Water Act 2003 (c. 37).

[^c23193811]: 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.

[^c23193821]: 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).

[^c23193831]: Section 98 was amended by S.I. 2010/675.

[^c23193841]: 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.

[^c23193851]: 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.

[^c23193861]: 1991 c. 60; Schedule 2 was amended by paragraph 29(3) of Part 2 of Schedule 7 to the Water Act 2003 (c. 37).

[^c23193871]: 1974 c. 40.

[^c23193881]: 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).

[^c23193891]: 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.

[^c23193901]: 1990 c. 10.

[^c23193911]: 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.

[^c23193921]: S.I. 2011/988, to which there are amendments not relevant to these Regulations.

[^c23193931]: 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.

[^c23193941]: 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.

[^c23193951]: 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.

[^c23193961]: 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.

[^c23193971]: 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.

[^c23193981]: 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).

[^c23193991]: 1993 c. 11.

[^c23194001]: 2009 c. 23.

[^c23194021]: The definition of “drainage” was amended by section 100(1) of, and Schedule 24 to, the 1995 Act.

[^c23194031]: The definition of “main river” was amended by section 59(3) of the Water Act 2014 (c. 21).

[^c23194041]: 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).

[^c23194051]: 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).

[^c23194061]: 2010 c.29; section 6(13) was amended by S.I. 2013/755 (W. 90).

[^c23194071]: 1990 c. 8.

[^c23194081]: Sections 191 and 192 were substituted by section 10(1) of the Planning and Compensation Act 1991 (c. 34).

[^c23194091]: 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).

[^c23194101]: 1949 c. 74.

[^c23194111]: Registered charity number 210252.

[^c23194121]: 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.

[^c23194131]: 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.

[^c23194141]: 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).

[^c23194151]: Amended by S.I. 2010/675.

[^c23194161]: Amended by S.I. 2010/675.

[^c23194171]: Amended by S.I. 2016/58 (W. 28).

[^c23194181]: Amended by S.I. 2015/483.

[^c23194191]: 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.

[^c23194201]: 1965 c. 57.

[^c23194211]: Section 3 was substituted by paragraph 18 of Schedule 12 to the Energy Act 2013 (c. 32).

[^c23194221]: Section 4 was substituted by paragraph 19 of Schedule 12 to the Energy Act 2013.

[^c23194231]: 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.

[^c23194241]: 1975 c. 51; section 5(5)(c) was substituted by S.I. 2010/675.

[^c23194251]: Section 339(1A) was inserted by S.I. 2016/475.

[^c23194261]: 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.

[^c23194271]: Section 29(12) was inserted by S.I. 2007/3538 and substituted by S.I. 2010/675.

[^c23194281]: Section 33(1B) was inserted by S.I. 2007/3538 and substituted by S.I. 2010/675.

[^c23194291]: 2009 c. 23.

[^c23194301]: Section 75 was amended by S.I. 2011/405 and 2016/738.

[^c23194311]: 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.

[^c23194321]: Section 78YC was inserted by section 57 of the 1995 Act and amended by S.I. 2010/675.

[^c23194331]: Section 142(7) was amended by S.I. 2006/2407, 2010/675, 2012/1916 and 2014/1638.

[^c23194341]: 1991 c. 46.

[^c23194351]: Paragraph 10C was inserted by S.I. 2010/675.

[^c23194361]: 1991 c. 56.

[^c23194371]: Section 117(5)(a) was amended by paragraph 97 of Schedule 7 to the Water Act 2014 (c. 21).

[^c23194381]: Section 138(1B) was inserted by S.I. 2000/1973 and paragraph (a) was amended by S.I. 2010/675.

[^c23194391]: The definition was inserted by S.I. 2010/675.

[^c23194401]: 1991 c. 60; paragraph 30(1) was amended by S.I. 2010/675.

[^c23194411]: 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.

[^c23194421]: 1995 c. 23; paragraph 5(1a) was inserted by S.I. 2007/3538 and amended by S.I. 2010/675.

[^c23194431]: Section 42(3)(b) was substituted by S.I. 2010/675.

[^c23194441]: Paragraph (j) of the definition of “environmental licence” was substituted by S.I. 2009/3381.

[^c23194451]: Paragraph 4(3)(d) of Schedule 20 was inserted by S.I. 2000/1973 and substituted by S.I. 2010/675.

[^c23194461]: 1998 c. 17; section 4B was inserted by section 50 of the Infrastructure Act 2015 (c. 7).

[^c23194471]: 2000 c. 17; relevant amendments to paragraph 51(6) were made by S.I. 2001/1139, 2007/3538 and 2010/675.

[^c23194481]: 2004 c. 20.

[^c23194491]: Section 10 was amended by S.I. 2010/675.

[^c23194501]: The definition was amended by S.I. 2010/675.

[^c23194511]: 2008 c. 29; section 30A was inserted by S.I. 2015/949.

[^c23194521]: 2008 c. 32; section 59(2)(d) was amended by S.I. 2010/675.

[^c23194531]: 2013 c. 10.

[^c23194541]: 2014 c. 20. Schedule 1 comes into force on a day to be appointed.

[^c23194551]: S.I. 1985/1699; relevant amending instruments are S.I. 1994/1056, 2007/3538 and 2010/675.

[^c23194561]: S.I. 1987/764; relevant amending instruments are S.I. 2002/1875 (W. 184) and 2010/675.

[^c23194571]: S.I. 1987/2197, amended by S.I. 2010/675 and 2011/2043.

[^c23194581]: S.I. 1994/2841, amended by S.I. 2010/675; there are other amending instruments but none is relevant.

[^c23194591]: S.I. 1996/1527; relevant amending instruments are S.I. 2007/3538 and 2010/675.

[^c23194601]: S.I. 1999/915; relevant amending instruments are S.I. 2007/3538 and 2010/675.

[^c23194611]: S.I. 1999/3232, amended by S.I. 2010/675; there are other amending instruments but none is relevant.

[^c23194621]: S.I. 2000/388, amended by S.I. 2010/675; there are other amending instruments but none is relevant.

[^c23194631]: S.I. 2000/3236, amended by S.I. 2010/675; there are other amending instruments but none is relevant.

[^c23194641]: S.I. 2001/2954; relevant amending instruments are S.I. 2007/3538 and 2010/675.

[^c23194651]: S.I. 2003/2454, amended by S.I. 2010/675.

[^c23194661]: S.I. 2003/2635; relevant amending instruments are S.I. 2007/3538 and 2010/675.

[^c23194671]: S.I. 2003/2761, amended by S.I. 2010/675; there are other amending instruments but none is relevant.

[^c23194681]: S.I. 2003/3242, amended by S.I. 2015/1623; there are other amending instruments but none is relevant.

[^c23194691]: S.I. 2004/99, amended by S.I. 2016/139.