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The Environmental Permitting (England and Wales) Regulations 2016

Type Statutory-Instrument

Publication 2016-12-11

Last updated 2026-03-11

State In force

Department King's Printer of Acts of Parliament

Source legislation.gov.uk

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(iii) in the case of the description set out in paragraphs 21, 22 and 24, in their respective first sub-paragraphs, within one kilometre upstream of a designated site;

(iv) in the case of the description set out in paragraph 23, in its first sub-paragraph, within—

(aa) 5 kilometres upstream of a designated site notified for its freshwater habitats or species,

(bb) 1 kilometre upstream of a designated site that includes any part of the flood plain of the relevant main river but not the river itself, or

(cc) 1 kilometre upstream of any other designated site,

(b) in a water body in Wales that is part of a main river classified as of high morphological status by the NRBW in accordance with the relevant directions,

(c) where the activity is carried out in Wales, within 100 metres of a water body in Wales that is part of a main river classified as of high morphological status by the NRBW in accordance with the relevant directions, or

(d) in the case of the descriptions set out in paragraphs 3, 5, 7, 10 to 15, 18, 21 to 24 and 27, in their respective first sub-paragraphs, where the activity is carried out in England within 100 metres of a water body in Wales that is part of a main river classified as of high morphological status by the NRBW in accordance with the relevant directions.

(4) In sub-paragraph (3), “designated site” means—

(a) a European site (which has the meaning given in regulation 8 of the Conservation of Habitats and Species Regulations 2017),

(b) a Ramsar site (which has the same meaning as in section 37A of the Wildlife and Countryside Act 1981 ),

(c) a site of special scientific interest (which has the meaning given in section 52(1) of the Wildlife and Countryside Act 1981), or

(d) a nature reserve established by a local authority under section 21 of the National Parks and Access to the Countryside Act 1949 .

(5) For the purposes of this Part—

“designated salmonid river” means—in England, a river included in the dataset sealed by the Agency on 22nd October 2015, entitled “Rivers in England identified as salmonid for flood risk activities under the Environmental Permitting Regulations”, and published by the Agency ;in Wales, a river included on the map published by the NRBW on 20th October 2015 entitled “Rivers in Wales identified as salmonid for flood risk activities under the Environmental Permitting Regulations”;

“designated sensitive water body” means a water body included in the dataset sealed by the Agency on 20th October 2015 entitled “Water bodies in England identified as sensitive for flood risk activities under the Environmental Permitting Regulations because sediment management may compromise delivery of the environmental objectives of the Water Framework Directive” and published by the Agency ;

“the dredging and removal of silt and sand requirements” means the document published by the Agency on 1st February 2016 entitled “Dredging and the removal of silt and sand from main rivers as a flood risk activity under the Environmental Permitting Regulations”;

“protected species” means— a species of a kind listed in Annex 1 to Directive 2009/147/EC of the European Parliament and of the Council on the conservation of wild birds or Annex 4 to Council Directive 92/43/EEC on the conservation of natural habitats and of wild fauna and flora; a species in respect of which any adverse impact is in accordance with a licence issued under section 16 of the Wildlife and Countryside Act 1981 ;

“relevant directions” means the Water Framework Directive (Standards and Classification) Directions (England and Wales) 2015 .

(6) In this Part, “bank” has the meaning given in paragraph 2(2)(a) in Part 1 of Schedule 25 and paragraph 2(2)(b) to (d) of that Schedule applies to this Part.

(7) In sub-paragraph (5), in sub-paragraph (a) of the definition of “protected species”, a reference to a species listed in an Annex to Directive 2009/147/EC or Council Directive 92/43/EEC is to be construed as including a reference to any other species protected under the Conservation of Habitats and Species Regulations 2017.

Electrical cable services

2

(1) The erection of an electrical cable service crossing over a main river.

(2) For the purposes of this paragraph, the specific conditions are—

(a) the service crossing is within 10° of perpendicular to the direction of flow of the main river,

(b) the vertical and horizontal clearances of the service crossing comply with the requirements set out in the table below,

(d) the bed and banks of the main river are not disturbed by the works, and

(e) all excavated material not re-used on the site of the works is removed from the floodplain.

¹ Vertical clearance above bank or flood bank crest level.	¹ Vertical clearance above bank or flood bank crest level.	¹ Vertical clearance above bank or flood bank crest level.
² Horizontal clearance of any tower or support landward from the top of the bank of the main river.	² Horizontal clearance of any tower or support landward from the top of the bank of the main river.	² Horizontal clearance of any tower or support landward from the top of the bank of the main river.
Voltage (kV)	Vertical clearance¹(metres)	Horizontal clearance²(metres)
275	15	15
400	15	15
132	12	15
66	12	15
33	9	10
11	9	10
6.6	9	10
4.15	6	9

Service crossings below the bed of a main river

3

(1) The erection of a service crossing below the bed of a main river by directional drilling not involving an open cut technique.

(2) For the purposes of this paragraph, the specific conditions are—

(a) the service crossing is within 10° of perpendicular to the direction of flow in the main river,

(b) a distance is maintained—

(i) of no less than 1.5 metres from the bed of the main river to the top of the service crossing, and

(ii) at the same height above sea level between points that are 5 metres beyond the top of each bank of the main river,

(i) 8 or more metres in the case of a non-tidal main river;

(ii) 16 or more metres in the case of a tidal main river;

(d) the service crossing does not pass through any bank, culvert, remote defence or river control works on the main river or through any sea defence,

(e) the service crossing is 50 or more metres upstream of any impoundment or artificially raised channel,

(f) permanent hazard markers are erected on both banks of the main river,

(g) all excavated material not re-used on the site of the works is removed from the floodplain,

(h) the works are not carried out in, or within 100 metres of, a water body in England that is part of a main river classified as of high morphological status by the Agency in accordance with the relevant directions, and

(i) the bed and banks of the main river are not disturbed by the works.

Service crossings attached to the outside of existing structures over a main river

4

(1) Service crossings attached to the outside of existing structures over a main river.

(2) For the purposes of this paragraph, the specific conditions are—

(a) the service crossing does not project more than 1 metre horizontally from the structure,

(b) the service crossing follows the existing cross-sectional profile of the structure to the main river in both normal and flood flow,

(c) the service crossing does not pass through any bank, culvert, flood defence structure or river control works on the main river or through any sea defence,

(d) permanent hazard markers are erected on both banks of the main river, and

(e) a notification has not been sent by the regulator to the landowner that the structure has been identified for removal or modification in order to achieve the environmental objectives in relation to a river basin district.

Footbridges

5

(1) The construction of footbridges.

(2) For the purposes of this paragraph, the specific conditions are—

(a) the length of the footbridge measured from the top of one bank of the main river to the top of the other bank is no more than 8 metres,

(b) the footbridge has no support in the watercourse, a deck width of no more than 1.5 metres and a kickerboard of no more than 100mm in height,

(d) the works do not have a significant adverse effect on species included in a list published by the Secretary of State under section 41 of the Natural Environment and Rural Communities Act 2006 , or by Welsh Ministers under section 7 of the Environment (Wales) Act 2016 , that are not protected species,

(e) no works take place within 100 metres of any non-agricultural building in the floodplain or another man-made structure on or in the main river,

(f) the bed of the main river is not affected by the construction,

(g) the length of bank disturbed by the construction extends to no more than 1 metre on either side of the footbridge,

(h) the footbridge is securely attached to foundations which are no closer than 1 metre to the edge of the bank,

(i) construction of the footbridge does not require reinforcement of the bed or banks,

(j) the approach ramp or steps for the footbridge do not extend more than 4 metres from the landward side of the bank,

(k) the lowest point of the underside of the bridge is at least 600mm higher than the top of both banks of the main river,

(l) all excavated material not re-used on the site of the works is removed from the floodplain,

(m) the height of the land at each end of the footbridge is not changed by the construction,

(n) the works are not carried out in, or within 100 metres of, a water body in England that is part of a main river classified as of high morphological status by the Agency in accordance with the relevant directions, and

(o) any parapet of the footbridge is of open construction comprising—

(i) post and rail,

(ii) post and wire mesh fencing of at least 100mm spacing, or

(iii) post and wire strands.

Temporary scaffolding in England

6

(1) The erection and use of temporary scaffolding in or over a main river in England.

(2) For the purposes of this paragraph, the specific conditions are—

(a) the scaffolding will be in place for no longer than 4 weeks,

(b) the scaffolding is not in place between 15th March and 15th June inclusive in any year,

(c) on a main river that is a designated salmonid river, the scaffolding is not in place between 1st October and 14th March inclusive in any year,

(d) the scaffolding does not occupy more than 10 metres of a river bank at any one time,

(e) the scaffolding projects into or over the main river no more than 1.2 metres or no more than 10% of the width of the main river, whichever is less,

(f) the scaffolding is located no less than 100 metres from any other scaffolding the erection and use of which is reliant on this exemption,

(g) except where it is unsafe to do so, debris lodged against the scaffolding is removed within 24 hours, and

(h) any transoms and walking decks are set no lower than 600 mm above water level.

Temporary dewatering in England

7

(1) The temporary dewatering of a work area in England.

(2) For the purposes of this paragraph, the specific conditions are—

(a) the duration of the dewatering is no longer than 4 weeks,

(b) the dewatering is not in place between 15th March and 15th June inclusive in any year,

(c) on a main river that is a designated salmonid river, the dewatering is not in place between 1st October and 14th March inclusive in any year,

(d) the dewatering does not affect more than 10 metres of the bank of a main river at any one time,

(e) the dewatering is not within 8 metres of a flood defence structure or river control works,

(f) the depth of water adjacent to the dewatered area does not exceed 1.2 metres,

(g) the dewatering does not occur in, or within 500 metres upstream of, a type of habitat included in a list published by the Secretary of State under section 41 of the Natural Environment and Rural Communities Act 2006 or by Welsh Ministers under section 7 of the Environment (Wales) Act 2016,

(h) all reasonable steps are taken to protect aquatic plants and aquatic animals found in the dewatered area,

(i) the dewatering structure projects into or over the main river no more than 1.2 metres or no more than 10% of the width of the main river, whichever is less,

(j) the works do not have a significant adverse effect on species included in a list published by the Secretary of State under section 41 of the Natural Environment and Rural Communities Act 2006, or by Welsh Ministers under section 7 of the Environment (Wales) Act 2016, that are not protected species,

(k) all excavated material not re-used on the site of the works is removed from the floodplain,

(l) the works are not carried out in, or within 100 metres of, a water body in England that is part of a main river classified as of high morphological status by the Agency in accordance with the relevant directions, and

(m) any pumps used in the dewatering process are fitted with a 20mm mesh screen.

Maintenance of raised river or sea defences

8

(1) The maintenance of raised river or sea defences.

(2) For the purposes of this paragraph, the specific conditions are—

(a) the maintenance works use materials of the same kind as those present in the raised defences and do not alter the shape of those defences or the overall height of the protection afforded by those defences,

(b) the raised defences are carrying out the functions for which they were originally designed, and

Maintenance of structures within the channel of a main river

9

(1) The maintenance of structures within the channel of a main river other than raised river or sea defences.

(2) For the purposes of this paragraph, the specific conditions are—

(a) the maintenance works do not alter any dimension of the structure,

(b) the structure is carrying out the functions for which it was originally designed,

(d) the maintenance works do not occur between 15th March and 15th June inclusive in any year,

(e) on a main river that is a designated salmonid river, the maintenance works do not occur between 1st October and 14th March inclusive in any year, and

(f) the works do not have a significant adverse effect on species included in a list published by the Secretary of State under section 41 of the Natural Environment and Rural Communities Act 2006, or by Welsh Ministers under section 7 of the Environment (Wales) Act 2016, that are not protected species.

Drinking bays

10

(1) The construction of a drinking bay on the bank of a main river.

(2) For the purposes of this paragraph, the specific conditions are—

(a) the bay is not located within 100 metres of any other man-made structure on or in the main river,

(b) the bay is surrounded by a post and rail fence which must project into or over the main river no more than 1.2 metres or 10% of the width of the main river, whichever is less,

(d) all excavated material not re-used on the site of the works is removed from the floodplain,

(e) the works do not adversely affect any culvert, remote defence, river control works, sea defence or any raised embankment or wall forming part of the bank of the main river,

(f) the works do not have a significant adverse effect on species included in a list published by the Secretary of State under section 41 of the Natural Environment and Rural Communities Act 2006, or by Welsh Ministers under section 7 of the Environment (Wales) Act 2016, that are not protected species,

(g) the works do not occur in, or within 500 metres upstream of, a type of habitat included in a list published by the Secretary of State under section 41 of the Natural Environment and Rural Communities Act 2006 or by Welsh Ministers under section 7 of the Environment (Wales) Act 2016,

(h) the works are not carried out in, or within 100 metres of, a water body in England that is part of a main river classified as of high morphological status by the Agency in accordance with the relevant directions, and

(i) the remainder of the bank is fenced so as to prevent damage to the bank.

Access platforms

11

(1) The construction of access platforms on the bank of a main river or that project into or over a main river.

(2) For the purposes of this paragraph, the specific conditions are—

(a) the platform is not located within 50 metres of any other man-made structure,

(b) the platform projects no more than 1.2m into or over the main river and occupies no more than 2m of bank length,

(c) the works do not adversely affect any culvert, remote defence, river control works, sea defence or any raised embankment or wall forming part of the bank of the main river,

(d) that part of the platform which projects over the channel is constructed as a flat deck, with no solid infill beneath the platform, supported on piers or piles of no more than 300mm width,

(e) the works do not have a significant adverse effect on species included in a list published by the Secretary of State under section 41 of the Natural Environment and Rural Communities Act 2006, or by Welsh Ministers under section 7 of the Environment (Wales) Act 2016, that are not protected species,

(f) the works do not occur in, or within 500 metres upstream of, a type of habitat included in a list published by the Secretary of State under section 41 of the Natural Environment and Rural Communities Act 2006 or by Welsh Ministers under section 7 of the Environment (Wales) Act 2016,

(g) the works are not carried out in, or within 100 metres of, a water body in England that is part of a main river classified as of high morphological status by the Agency in accordance with the relevant directions, and

(h) any steps cut into the bank are supported by timber risers on the vertical part of the step.

Outfalls

12

(1) The construction of small outfall pipes and headwalls to main rivers.

(2) For the purposes of this paragraph, the specific conditions are—

(a) the headwall is not located within 50 metres of another man-made structure on or in the main river,

(b) in the case of a headwall to a non-tidal main river, the outfall pipe is aligned to an angle of between 30° and 60° to the direction of flow in the river,

(d) the height of the headwall is no more than 1.5 metres or no more than 75% of the height of the bank, whichever is less,

(e) the total length of bank affected during construction of the headwall is no more than 1.5 metres,

(f) the headwall, wing walls and apron do not project beyond the line of the bank prior to the works being carried out,

(g) the headwall is not within 8 metres of a flood defence structure or river control works,

(h) the outfall pipe does not pass through or under any culvert, remote defence, river control works or sea defence, or any raised embankment or wall forming part of the bank of the main river,

(i) all excavated material not re-used on the site of the works is removed from the floodplain,

(j) the works do not have a significant adverse effect on species included in a list published by the Secretary of State under section 41 of the Natural Environment and Rural Communities Act 2006, or by Welsh Ministers under section 7 of the Environment (Wales) Act 2016, that are not protected species,

(k) the works do not occur in, or within 200 metres upstream of, a type of habitat included in a list published by the Secretary of State under section 41 of the Natural Environment and Rural Communities Act 2006 or by Welsh Ministers under section 7 of the Environment (Wales) Act 2016,

(l) the works are not carried out in, or within 100 metres of, a water body in England that is part of a main river classified as of high morphological status by the Agency in accordance with the relevant directions, and

(m) any pipe that discharges through the headwall does not pass within 8 metres of a flood defence structure.

Repair and protection of banks using natural materials

13

(1) The repair and protection of main river banks using natural materials.

(2) For the purposes of this paragraph, the specific conditions are—

(a) the length of bank affected by the works is no more than 10 metres,

(b) the works do not include the use of steel sheet piling, concrete, cement or concrete bagwork, brickwork, gabions or non-biodegradable materials,

(d) the works do not encroach into the channel of the main river beyond the line of the bank prior to the works being carried out,

(e) when the works are finished, the height of the bank does not exceed the lower of—

(i) the height of the bank on either side of the works, and

(ii) the height of the bank prior to the works being carried out,

(f) the works are securely fastened to the bank at each end so as to prevent erosion behind the works,

(g) the works do not involve the use of vehicles or wheeled or tracked machinery on the bed or bank of the main river,

(h) the works do not have a significant adverse effect on species included in a list published by the Secretary of State under section 41 of the Natural Environment and Rural Communities Act 2006 , or by Welsh Ministers under section 7 of the Environment (Wales) Act 2016 , that are not protected species,

(i) the works are not carried out in, or within 100 metres of, a water body in England that is part of a main river classified as of high morphological status by the Agency in accordance with the relevant directions, and

(j) the works are not to a bank consisting of an earth cliff over 1 metre in height.

Repair of bank slips and erosion

14

(1) Repair of bank slips and erosion.

(2) For the purposes of this paragraph, the specific conditions are—

(a) the works do not involve removal of material from the bed of the main river other than bank slippage,

(b) the works do not affect more than 10 metres of the bank at any one time,

(c) the works do not encroach into the channel of the main river beyond the line of the bank prior to the works being carried out,

(d) when the works are finished, the height of the bank does not exceed the lower of—

(i) the height of the bank on either side of the works, and

(ii) the height of the bank prior to the slip or erosion,

(e) the works are securely fastened to the bank at each end so as to prevent erosion behind the works,

(f) any repair of a bank slippage is made using as materials only material that has subsided from that bank,

(g) any repair of erosion uses materials of the same kind as those present on the relevant site,

(h) the works do not have a significant adverse effect on species included in a list published by the Secretary of State under section 41 of the Natural Environment and Rural Communities Act 2006, or by Welsh Ministers under section 7 of the Environment (Wales) Act 2016, that are not protected species,

(i) the works are not carried out in, or within 100 metres of, a water body in England that is part of a main river classified as of high morphological status by the Agency in accordance with the relevant directions, and

(j) the works do not involve the use of a vehicle or of wheeled or tracked machinery on the bed or banks of the main river.

Channel habitat structures made of natural materials

15

(1) The installation of channel habitat structures made of natural materials (excluding weirs and berms).

(2) For the purposes of this paragraph, the specific conditions are—

(a) the structure occupies no more than half the width of the cross-sectional area of the channel in the main river and no more than 20 metres of the length of the main river,

(b) no part of the structure is higher than 0.3 metres above the level of the river bed or 25% of the height of the bank (excluding any wall or embankment forming part of the bank), whichever is greater,

(c) the structure is made from naturally occurring woody material and is securely fastened to the bed of the main river, the bank or both,

(d) the works are not carried out in, or within 100 metres of, a water body in England that is part of a main river classified as of high morphological status by the Agency in accordance with the relevant directions, and

(e) no works take place within 100 metres of—

(i) a non-agricultural building in the floodplain,

(ii) another natural channel habitat structure,

(iii) stones or logs placed in the main river for habitat enhancement, or

(iv) a man-made structure on or in the main river.

Rafts for surveys

16

(1) The installation of rafts for surveys.

(2) For the purposes of this paragraph, the specific conditions are—

(a) the raft has dimensions of no greater than 1.5 metres x 1 metre x 0.15 metre,

(b) any equipment box used on the raft has a height of no more than 0.75 metre,

(d) the raft is installed no less than 100 metres from any other raft,

(e) when the raft is installed, there are no more than four other rafts within a distance of one kilometre,

(f) the raft is installed for no more than 12 months and removed immediately if, within that period, it is no longer required, and

(g) the raft is not installed within 100 metres of any non-agricultural building in the floodplain or another man-made structure on or in the main river.

Gravel-cleaning for fish-spawning beds

17

(1) Gravel-cleaning for fish-spawning beds.

(2) For the purposes of this paragraph, the specific conditions are—

(a) the works are only carried out in September or October in any year,

(b) the works are to no more than 20m² of gravel per location, with a gap of at least 30 metres between locations,

(d) the works are carried out using only hand tools or machinery carried and operated by one person, and

(e) the works do not occur in, or within 500 metres upstream of, a type of habitat included in a list published by the Secretary of State under section 41 of the Natural Environment and Rural Communities Act 2006 or by Welsh Ministers under section 7 of the Environment (Wales) Act 2016.

Placement of stones or logs in a main river in England for habitat enhancement

18

(1) Placement of stones or logs in the channel of a main river in England for habitat enhancement.

(2) For the purposes of this paragraph, the specific conditions are—

(a) any stones placed in the channel are of a type that occur naturally in the main river and do not exceed 400mm in any dimension,

(b) any log placed in the channel is less than 2 metres in length, less than 400mm in diameter and oriented at an angle of within 45° to the flow of water,

(i) is from a type of tree that occurs naturally in the vicinity of the main river, and

(ii) is securely fixed to the bed or bank of the main river,

(d) the stones or logs are placed in the channel over no more than 20 metres of the length, and 20% of the width, of the main river,

(e) the placement of stones or logs does not occur in, or within 200 metres upstream of, a type of habitat included in a list published by the Secretary of State under section 41 of the Natural Environment and Rural Communities Act 2006 or by Welsh Ministers under section 7 of the Environment (Wales) Act 2016,

(f) the works are not carried out in, or within 100 metres of, a water body in England that is part of a main river classified as of high morphological status by the Agency in accordance with the relevant directions, and

(g) no stones or logs are placed within 100 metres of—

(i) a non-agricultural building in the floodplain,

(ii) a natural channel habitat structure,

(iii) an existing emplacement of stones or logs placed in the main river for habitat enhancement, or

(iv) a man-made structure on or in the main river.

Eel pass devices

19

(1) Construction of eel pass devices on existing structures.

(2) For the purposes of this paragraph, the specific conditions are—

(a) the existing structure is not located on a tidal river,

(b) the device is permanently and securely attached to the existing structure,

(d) the device does not extend upstream or downstream from the existing structure more than the lesser of—

(i) 10 metres, or

(ii) the width of the channel measured between the top of each bank of the main river.

Fish passage notches

20

(1) Construction of ...notches on an existing impoundment.

(2) For the purposes of this paragraph, the specific conditions are—

(a) the construction does not affect the structural integrity of the existing impoundment,

(b) construction of the notches does not change the water level in the main river by more than 20cm upstream or downstream from the existing structure,

(c) the existing impoundment is located on a main river with a width of no more than 5 metres measured between the top of each bank,

(d) the construction does not adversely affect the banks or established bed of the main river, and

(e) the notch is no more than 0.6 metre in width.

Removal of silt, sand and other material in England

21

(1) The removal of silt and sand from within bridge arches in England and any material from within culverts in England.

(2) For the purposes of this paragraph, the specific conditions are—

(a) the works do not affect the structural integrity of the bridge arch or culvert,

(b) in the case of works within bridge arches, the removal of silt and sand is limited to the removal of accumulated silt and sand on the established bed of the main river,

(c) the works do not occur in, or within 1 kilometre upstream of, a type of habitat included in a list published by the Secretary of State under section 41 of the Natural Environment and Rural Communities Act 2006 or by Welsh Ministers under section 7 of the Environment (Wales) Act 2016,

(d) the works and the subsequent deposition of the removed material do not have a significant adverse effect on species included in a list published by the Secretary of State under section 41 of the Natural Environment and Rural Communities Act 2006, or by Welsh Ministers under section 7 of the Environment (Wales) Act 2016, that are not protected species,

(e) the works do not occur between 15th March and 15th June inclusive in any year,

(f) on a main river that is a designated salmonid river, the works do not occur between 1st October and 14th March inclusive in any year,

(g) the works do not expose the structural foundations or footings of the bridge or culvert,

(h) the works and any equipment used to remove the sand and silt comply with the dredging and removal of silt and sand requirements,

(i) the works do not involve the use of machinery on the bed or banks of the main river more than 20 metres from the bridge or culvert,

(j) the works do not involve the use of a vehicle on the bed or banks of the main river,

(k) the works do not damage the culvert or the banks or bed of the main river, and

(l) the works are not carried out in, or within 1 kilometre upstream or 500 metres downstream of, a water body that is part of a main river classified as of high morphological status by the Agency in accordance with the relevant directions.

Removal of silt and sand adjacent to in-river structures in England

22

(1) The removal of silt and sand adjacent to in-river structures in England.

(2) For the purposes of this paragraph, the specific conditions are—

(a) the works take place no more than 10 metres upstream or downstream from the edge of the structure,

(b) the removal of silt and sand does not affect the structural integrity of the structure,

(d) the works are limited to the removal of accumulated silt and sand on the established bed of the main river,

(e) the removal of silt and sand does not expose the structural foundations or footings of the structure,

(f) silt and sand is not removed to below the level of the base of the inside of an adjacent culvert,

(g) the works do not remove vegetation from the bed or banks of the main river, other than vegetation growing in or through the silt and sand,

(h) the works do not involve the use of a vehicle or machinery on the bed or banks of the main river,

(i) the removal of silt and sand does not occur in, or within 1 kilometre upstream of, a type of habitat included in a list published by the Secretary of State under section 41 of the Natural Environment and Rural Communities Act 2006 or by Welsh Ministers under section 7 of the Environment (Wales) Act 2016 ,

(j) the removal of silt and sand and its subsequent deposition do not have a significant adverse effect on species included in a list published by the Secretary of State under section 41 of the Natural Environment and Rural Communities Act 2006, or by Welsh Ministers under section 7 of the Environment (Wales) Act 2016, that are not protected species,

(k) the removal of silt and sand does not occur between 15th March and 15th June inclusive in any year,

(l) on a main river that is a designated salmonid river, the removal of silt and sand does not occur between 1st October and 14th March inclusive in any year,

(m) the works and any equipment used to remove the sand and silt comply with the dredging and removal of silt and sand requirements,

(n) the works are not carried out in, or within one kilometre upstream or 500 metres downstream of, a water body that is part of a main river classified as of high morphological status by the Agency in accordance with the relevant directions, and

(o) the removal of silt and sand does not occur in a designated sensitive water body.

Dredging of man-made ditches, land drains, agricultural drains and previously straightened watercourses in England

23

(1) Dredging of no more than 1.5 kilometres of man-made ditches, land drains, agricultural drains and previously straightened watercourses classified as main rivers in England.

(2) For the purposes of this paragraph, the specific conditions are—

(a) the works do not occur in any location where dredging has been carried out within the previous 3 years,

(b) the works do not occur in any location on a watercourse where dredging has taken place within 1.5 kilometres upstream or downstream of that location in the previous 12 months,

(d) the works do not damage the bed or banks of the main river,

(e) the dredging does not include the removal of gravel,

(f) the dredging is limited to the removal of accumulated silt and sand on the established bed of the main river,

(g) the works do not remove vegetation from the bed or banks of the main river, other than vegetation growing in or through the silt and sand,

(h) the works do not involve the use of a vehicle or machinery on the bed or banks of the main river,

(i) the works do not occur in, or within one kilometre upstream of, a type of habitat included in a list published by the Secretary of State under section 41 of the Natural Environment and Rural Communities Act 2006 or by Welsh Ministers under section 7 of the Environment (Wales) Act 2016,

(j) the dredging and subsequent deposition of dredged material do not have a significant adverse effect on species included in a list published by the Secretary of State under section 41 of the Natural Environment and Rural Communities Act 2006, or by Welsh Ministers under section 7 of the Environment (Wales) Act 2016, that are not protected species,

(k) the works do not occur between 15th March and 15th June inclusive in any year,

(l) on a main river that is a designated salmonid river, the works do not occur between 1st October and 14th March inclusive in any year,

(m) the works and any equipment used comply with the dredging and removal of silt and sand requirements,

(n) the works are not carried out in, or within 1 kilometre upstream or 500 metres downstream of, a water body that is part of a main river classified as of high morphological status by the Agency in accordance with the relevant directions,

(o) the works do not occur in a designated sensitive water body,

(p) on a non-tidal main river, the works do not occur within 8 metres of a flood defence structure or river control works, and

(q) on a tidal main river, the works do not occur within 16 metres of a flood defence structure or sea defence.

Dredging of any main river in England

24

(1) Dredging of no more than 20 metres of any main river in England.

(2) For the purposes of this paragraph, the specific conditions are—

(a) no dredging has been carried out in the previous 12 months in the same main river and property,

(b) the works are completed within 12 months of registration of the exemption,

(d) the dredging does not include the removal of gravel,

(e) the works do not remove vegetation from the bed or banks of the main river, other than vegetation growing in or through the silt and sand,

(f) the dredging is limited to the removal of accumulated silt and sand on the established bed of the main river,

(g) the works do not involve the use of a vehicle or machinery on the bed or banks of the main river,

(h) the works do not occur in, or within 1 kilometre upstream of, a type of habitat included in a list published by the Secretary of State under section 41 of the Natural Environment and Rural Communities Act 2006 or by Welsh Ministers under section 7 of the Environment (Wales) Act 2016,

(i) the dredging and subsequent deposition of dredged material do not have a significant adverse effect on species included in a list published by the Secretary of State under section 41 of the Natural Environment and Rural Communities Act 2006, or by Welsh Ministers under section 7 of the Environment (Wales) Act 2016, that are not protected species,

(j) the works do not occur between 15th March and 15th June inclusive in any year,

(k) on a main river that is a designated salmonid river, the works do not occur between 1st October and 14th March inclusive in any year,

(l) the works and any equipment used comply with the dredging and removal of silt and sand requirements,

(m) the works are not carried out in, or within 1 kilometre upstream or 500 metres downstream of, a water body that is part of a main river classified as of high morphological status by the Agency in accordance with the relevant directions, and

(n) the dredging does not occur in a designated sensitive water body.

Excavation of scrapes and shallow wetland features

25

(1) The excavation of scrapes and shallow wetland features in a floodplain.

(2) For the purposes of this paragraph, the specific conditions are—

(a) the area of the excavation is no more than 0.1 hectare and takes place at least 100 metres from any other excavation in the floodplain,

(b) the excavation is no more than 500mm deep at any point,

(c) where spoil from the excavation is spread on the floodplain, the spoil is spread to a depth of no more than 100mm, and

(d) the excavation is at least 8 metres from any structure forming part of a flood defence and from the landward side of each bank of the main river.

Raised flood defences in England

26

(1) The construction of raised flood defences around one to six adjoining properties in England.

(2) For the purposes of this paragraph, the specific conditions are—

(a) the works are not within 8 metres of a main river,

(b) the dimensions of the flood defences are no more than 1 metre in height and 6 metres in width,

(d) the total area protected by the defences is no more than 150m² for each property,

(e) the defences are to protect existing buildings, and

(f) the works are within the existing boundary of the properties.

Bankside wildlife refuge structures

27

(1) Construction of bankside wildlife refuge structures.

(2) For the purposes of this paragraph, the specific conditions are—

(a) the length of bank excavated during construction of the structure is no more than 1.5 metres,

(b) the height of the structure is no more than 1.5 metres or no more than 75% of the height of the bank, whichever is less,

(d) the structure is not located within 8 metres of a flood defence structure or river control works,

(e) the works are not carried out in, or within 100 metres of, a water body in England that is part of a main river classified as of high morphological status by the Agency in accordance with the relevant directions, and

(f) the structure does not project beyond the line of the bank prior to the works being carried out.

Improvement works for tracks and paths

28

(1) Improvement works for tracks and paths.

(2) For the purposes of this paragraph, the specific conditions are—

(a) the works are to an existing track or path,

(b) the works do not alter the route or width of the track or path,

(d) the works do not increase the level of the path by more than 100mm, and

(e) when the works are completed, all materials and debris are removed from the site.

PART 5 — Other waste operations to which section 33(1)(a) of the 1990 Act does not apply: descriptions and conditions

General and interpretation

1

(1) The descriptions in this Part are set out in the first sub-paragraph of each paragraph.

(2) The conditions for each description are set out in the second sub-paragraph of each paragraph.

(3) In this Part—

“collection” has the same meaning as in Article 3(10) of the Waste Framework Directive;

“collection point” means a place which is used for the collection of waste by an establishment or undertaking where the establishment or undertaking does not—receive payment for collecting the waste, orcollect waste as its main business activity;

“place of production” has the meaning given in paragraph 1(1) of Part 1 of this Schedule.

(4) For the purposes of this Part, a container, lagoon or other place is secure in relation to waste kept in it if—

(a) all reasonable precautions are taken to ensure that the waste cannot escape from it, and

(b) members of the public are unable to gain access to the waste.

Temporary storage at the place of production

2

(1) The temporary storage of any waste at the place of production, pending its collection.

(2) For the purposes of this paragraph, the conditions are—

(a) no waste is stored for longer than 12 months, and

(b) the waste is stored in a secure place.

Temporary storage of waste at a place controlled by the producer

3

(1) The temporary storage of any waste, pending its collection, at a place controlled by the producer of the waste.

(2) For the purposes of this paragraph, the conditions are—

(a) the producer has control over the waste and the storage place,

(b) the waste does not contain or consist of—

(i) unbonded asbestos, or

(ii) any substance with a flash point of less than 21 degrees Celsius,

(d) the waste is stored in a secure place,

(e) where more than one type of waste is stored, the types are not mixed,

(f) no waste is stored for longer than 3 months,

(g) in relation to non-liquid waste, the total quantity stored at any one time does not exceed 50 cubic metres, and

(h) in relation to liquid waste—

(i) the total quantity stored at any one time does not exceed 1,000 litres, and

(ii) the waste is stored in a container with secondary containment.

Temporary storage at a collection point

4

(1) The temporary storage of waste at a collection point for the purposes of recovering or disposing of the waste elsewhere.

(2) For the purposes of this paragraph, the conditions are that—

(a) the waste does not contain or consist of—

(i) asbestos;

(ii) any substance with a flash point of less than 21 degrees Celsius,

(b) where more than one type of waste is stored, the types are not mixed,

(d) in relation to non-hazardous waste that—

(i) is not WEEE, and

(ii) is to be recovered elsewhere,

the total quantity of waste stored any one time does not exceed 50 cubic metres, and

(e) in relation to waste not covered by paragraph (d) or (e), the total quantity of waste stored at any one time does not exceed 5 cubic metres.

SCHEDULE 4 — Application to the Crown

Crown application

1

Subject to paragraphs 2 to 5, these Regulations bind the Crown.

Contravention of these Regulations by the Crown

2

(1) If the Crown contravenes a provision of these Regulations—

(a) it is not criminally liable under regulation 38, and

(b) no proceedings may be taken against it under regulation 42.

(2) But—

(a) on the application of a regulator, the High Court may declare a contravention of these Regulations by the Crown to be unlawful, and

(b) these Regulations apply to persons in the public service of the Crown as they apply to other persons.

Entry to Crown premises

3

(1) If the appropriate authority considers that in the interests of national security particular powers of entry must not be used in relation to particular Crown premises it may certify that those powers must not be used in relation to those premises.

(2) In this paragraph—

“Crown premises” means premises held or used by or on behalf of the Crown;

“power of entry” means a power of entry exercisable under section 108 of the 1995 Act , in relation to a function under these Regulations.

Service on certain Crown operators

4

(1) This paragraph applies in relation to a regulated facility controlled or operated by a person acting on behalf of—

(a) the Royal Household,

(b) the Duchy of Lancaster, or

(2) When serving or giving notices or notifications, or instituting proceedings, the following person must be treated as the operator—

(a) in relation to sub-paragraph (1)(a), the Keeper of the Privy Purse;

(b) in relation to sub-paragraph (1)(b), the person appointed by the Chancellor of the Duchy of Lancaster;

(c) in relation to sub-paragraph (1)(c), the person appointed by the Duke of Cornwall or other possessor of the Duchy of Cornwall.

Application of this Schedule to certain radioactive substances activities

5

(1) These Regulations do not bind the Crown in relation to a radioactive substances activity carried on at premises—

(a) occupied on behalf of the Crown for naval, military or air force purposes or for the purposes of the department of the Secretary of State having responsibility for defence, or

(b) occupied by or for the purposes of visiting forces.

(2) In this paragraph, “visiting force” has the meaning given in section 12(1) of the Visiting Forces Act 1952 .

SCHEDULE 5 — Environmental permits

PART 1 — Grant, variation, transfer and surrender of environmental permits

Interpretation

1

In this Part—

“applicant” means—in the case of an application for the transfer of an environmental permit in whole or in part—the operator and the proposed transferee, orthe proposed transferee;in every other case, the operator;

“application” means an application—for the grant of an environmental permit under regulation 13(1),by an operator for the variation of an environmental permit under regulation 20(1),for the transfer, in whole or in part, of an environmental permit under regulation 21(1), orfor the surrender, in whole or in part, of an environmental permit under regulation 25(2);

“public consultee” means a person whom the regulator considers is affected by, is likely to be affected by, or has an interest in, an application.

Making an application

2

(1) An application must—

(a) be made by the applicant on the form provided by the regulator, and

(b) include—

(i) such information as is specified on the form, and

(ii) any additional information required by the regulator.

(2) An application under regulation 13(1) for the grant of an environmental permit for a flood risk activity referred to in paragraph 3(1)(a) to (c) of Part 1 of Schedule 25 must be accompanied by—

(a) a fee of £50 for each flood risk activity to which the application relates, unless the regulator has made a charging scheme under section 41 of the 1995 Act , or

(b) where the regulator has made such a charging scheme, the fee prescribed under that scheme.

(3) Any other application must be accompanied by any fee prescribed in a charging scheme made by the regulator under section 41 of the 1995 Act or by the appropriate authority under regulation 66.

Withdrawing an application

3

(1) A duly-made application may be withdrawn by the applicant before it is determined.

(2) If an application is withdrawn the applicant is not entitled to the return of any fee which accompanied it.

Further information in respect of a duly-made application

4

(1) If the regulator considers that it requires further information to determine a duly-made application, it may serve a notice on the applicant specifying the further information and the period within which it must be provided.

(2) If the applicant fails to provide the further information in accordance with the notice, the regulator may serve a further notice on the applicant stating that the application is deemed to be withdrawn, upon which the application is deemed to be withdrawn.

(3) If an application is deemed to be withdrawn, the applicant is not entitled to the return of any fee which accompanied it.

Public participation: scope

5

(1) Paragraph 6 applies to every application for the grant of an environmental permit except an application in relation to—

(a) mobile plant,

(b) a radioactive substances activity described in paragraph 11(5) of Part 2 of Schedule 23,

(d) a mining waste operation not involving a mining waste facility to which Article 7 of the Mining Waste Directive applies, or

(e) a stand-alone flood risk activity—

(i) which is not likely to have a significant adverse effect on the environment, or

(ii) in respect of which public consultation has been carried out under another statutory requirement where that consultation addresses the potential environmental impact of the flood risk activity.

(f) a medium combustion plant or a specified generator, unless the regulator determines that the operation of the medium combustion plant or specified generator may have significant negative effects on human beings or the environment

(2) Paragraph 6 applies to every application for the variation of an environmental permit if—

(a) it would entail a substantial change, or

(b) the regulator determines that the paragraph should apply.

(3) Paragraph 8 applies to every regulator-initiated variation if—

(a) it would entail a substantial change, or

(b) the regulator determines that the paragraph should apply.

(4) But paragraphs 6 and 8 do not apply to the extent that the application or regulator-initiated variation relates to—

(a) the burning of waste oil in an appliance with a rated thermal input of less than 0.4 megawatts,

(b) dry cleaning,

(c) the unloading of petrol into stationary storage tanks at a service station if it is an activity within paragraph (c) of Part B of Section 1.2 of Part 2 of Schedule 1,

(d) any motor vehicle refuelling activity within paragraph (d), (e) or (f) of Part B of Section 1.2 of Part 2 of Schedule 1, or

(e) a stand-alone flood risk activity—

(i) which is not likely to have a significant adverse effect on the environment, or

(ii) in respect of which public consultation has been carried out under another statutory requirement where that consultation addresses the potential environmental impact of the flood risk activity.

(5) In this paragraph—

“change in operation” means a change in the nature or functioning, or an extension, of an installation, which may have consequences for the environment;

“dry cleaning” means an industrial or commercial activity using volatile organic compounds to clean garments, furnishing and similar consumer goods excluding the manual removal of stains and spots in the textile or clothing industry;

“substantial change” means a change in operation of an installation which in the regulator's opinion may have significant negative effects on human beings or the environment and includes—in relation to a Part A installation, a change in operation which in itself meets the thresholds, if any, set out in Part 2 of Schedule 1, andin relation to a waste incineration plant or waste co-incineration plant for non-hazardous waste, a change in operation which would involve the incineration or co-incineration of hazardous waste.

(6) When assessing whether a change in operation of a Part B installation has significant effects on the environment, the regulator must consider only its emissions to air.

(7) When assessing whether the operation of a medium combustion plant or a specified generator may have significant negative effects on human beings or the environment, the regulator must consider only its emissions to air.

Public participation in relation to certain applications

6

(1) Subject to sub-paragraphs (2) and (3), if this paragraph applies the regulator must, within the consultation communication period—

(a) take the steps it considers appropriate to inform the public consultees of the application and the place and times its public register can be inspected free of charge,

(b) invite the public consultees to make representations on the application, and

(2) The regulator must not inform the public consultees of information which is to be excluded from a public register in the interests of national security unless the appropriate authority directs that it must do so.

(3) The regulator must not inform the public consultees of information which is to be excluded from a public register because it is confidential information, unless the public consultee is—

(a) a public authority and the information is necessary for the exercise of its functions, or

(b) a sewerage undertaker and the information relates to the release of any substance into a sewer vested in that undertaker.

Calculation of the consultation communication period

7

(1) In paragraph 6, “the consultation communication period” means a period of 30 working days starting on the day the regulator receives a duly-made application.

(2) But the period starts on—

(a) the determination date, if a determination in relation to national security or confidentiality is made under regulation 47 or 50, or

(b) the day an information subject gives notice under regulation 49(2)(a) consenting to the regulator including information on the public register.

(3) In sub-paragraph (2), “determination date” means—

(a) the date of a determination under regulation 47(3) or (7),

(b) the date of a determination under regulation 50 that information must be excluded from the public register, or

(i) if an appeal is brought, the date of determination or withdrawal of that appeal, or

(ii) if no appeal is brought, the date on which the period for bringing an appeal expires.

Public participation in relation to regulator-initiated variations

8

(1) If this paragraph applies, the regulator must notify the operator—

(a) that the public participation procedures in sub-paragraph (2) apply,

(b) of the variation it proposes to the environmental permit, and

(c) of any fee prescribed in respect of this paragraph in a charging scheme made by the regulator under section 41 of the 1995 Act or by the appropriate authority under regulation 66.

(2) The regulator must—

(a) take the steps it considers appropriate to inform the public consultees of the proposed variation,

(b) invite the operator and the public consultees to make representations on the proposed variation, and

(c) specify to the operator and the public consultees the address to which and the period within which representations are to be made.

Consultation: conditions mentioned in regulation 15(1)

9

(1) This paragraph applies if the regulator proposes to include a condition mentioned in regulation 15(1) in an environmental permit, other than a condition to which sub-paragraph (2) applies.

(2) This sub-paragraph applies to a condition that does not specifically identify the land in relation to which the operator is required to carry out works or, as the case may be, do other things.

(3) If this paragraph applies, the regulator must serve a notice which complies with sub-paragraph (4) on every person appearing to it to fall within sub-paragraph (5).

(4) The notice must specify—

(a) the proposed condition,

(b) the works or other things which the condition would require, and

(c) the address to which and the period within which representations on the proposed condition are to be made (which period must not expire less than 20 working days after the day the notice is served).

(5) A person falls within this sub-paragraph if—

(a) the person is the owner, lessee or occupier of land, and

(b) regulation 15(2) would require the person to grant the rights mentioned there if the proposed condition were included in the environmental permit.

(6) In sub-paragraph (5)(a), “owner” means the person who—

(a) is receiving the rack-rent of the land, whether on the person's own account or as agent or trustee for another person, or

(b) would receive the rack-rent if the land were let at a rack-rent,

but does not include a mortgagee not in possession.

Consultation with other member States

10

(1) This paragraph applies if—

(a) an appropriate authority is aware that the grant of a relevant application or regulator-initiated variation is likely to have significant negative effects on the environment of a member State, or

(b) a member State requests information about a relevant application or about a proposal for a regulator-initiated variation.

(2) As soon as is reasonably practicable the appropriate authority must—

(a) send the particulars of the relevant application or regulator-initiated variation to that member State ... ,

(b) inform that member State of the relevant information, ...

(d) comply with sub-paragraph (2A).

(2A) The appropriate authority must—

(a) consult the authorities of that member State, and

(b) allow such reasonable period as may have been agreed with those authorities for them to ensure that the authorities and the public concerned in that member State are given an opportunity to forward their representations on the relevant information supplied.

(3) If a regulator receives notification under sub-paragraph (2)(c), it must not determine the application or make the regulator-initiated variation until the appropriate authority has—

(a) notified it that the consultation described in sub-paragraph (2A)(a) has been completed, and

(aa) notified it that the period described in sub-paragraph (2A)(b) has ended, and

(b) sent it any representations made by the member State.

(4) In this paragraph—

“member State” includes Iceland, Liechtenstein and Norway but only to the extent that there is a relevant application or regulator-initiated variation which relates to the carrying on at an installation of an activity listed in Annex I to the Industrial Emissions Directive;

“relevant application” means an application for the grant or variation of an environmental permit in relation to an installation described in sub-paragraph (5) or a Category A mining waste facility;

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

“relevant information” means—where the relevant application or regulator-initiated variation relates to an installation described in sub-paragraph (5), a matter in paragraph 1 of Annex IV to the Industrial Emissions Directive;where it relates to a Category A mining waste facility, the information described in Article 7(2) of the Mining Waste Directive.

(5) The description in this sub-paragraph is an installation where an activity listed in Annex 1 to the Industrial Emissions Directive is carried on.

Duty to consider representations

11

Before it determines an application or makes a regulator-initiated variation, the regulator must consider any representation—

(a) made pursuant to paragraph 6(1)(b), 8(2)(b) or 9(4)(c), or

(b) sent to it under paragraph 10(3)(b).

Duty to determine an application

12

(1) The regulator must grant or refuse a duly-made application.

(2) Except in the case of an application for the surrender of an environmental permit in whole, the regulator may grant an application subject to such conditions as it sees fit.

(3) But—

(a) variations of an environmental permit in relation to the grant of an application for variation, transfer in whole or in part, or partial surrender must be in consequence of the variation, transfer or partial surrender, as the case may be and

(b) if granting an application for partial transfer, the regulator must grant a new environmental permit to the transferee subject to the same conditions as the original permit, varied in consequence of the partial transfer.

Identity and competence of the operator

13

(1) Subject to sub-paragraph (3), the regulator must refuse an application for the grant of an environmental permit or for the transfer in whole or in part of an environmental permit if it considers that, if the permit is granted or transferred, the requirements in sub-paragraph (2) will not be satisfied.

(2) The requirements are that the applicant for the grant of an environmental permit, or the proposed transferee, on the transfer of an environmental permit (in whole or in part), must—

(a) be the operator of the regulated facility, and

(b) operate the regulated facility in accordance with the environmental permit.

(3) The requirement in sub-paragraph (2)(b) does not apply to an applicant for the grant of an environmental permit authorising the carrying on of only a stand-alone water discharge activity, stand-alone groundwater activity or stand-alone flood risk activity.

Surrender applications

14

(1) The regulator must accept an application for the surrender of an environmental permit in whole or in part under regulation 25(2) if it is satisfied that the necessary measures have been taken—

(a) to avoid a pollution risk resulting from the operation of the regulated facility and, in the case of a permit authorising the carrying on of a flood risk activity (in whole or in part), to avoid any of the risks specified in sub-paragraph (3), and

(b) to return the site of the regulated facility to a satisfactory state, having regard to the state of the site before the facility was put into operation.

(2) Sub-paragraph (1) does not apply to an application for the surrender of any part of an environmental permit (or if applicable, the whole permit) that authorises the carrying on of a radioactive substances activity at a nuclear site.

(3) The risks specified in this sub-paragraph are—

(a) risk of flooding;

(b) risk of harm to the environment;

Time limits for determination

15

(1) If—

(a) the regulator has not determined an application within the relevant period, and

(b) the applicant serves a notice on the regulator which refers to this paragraph,

the application is deemed to have been refused on the day on which the notice is served.

(2) Sub-paragraph (1) does not apply—

(a) to an application for the grant of an environmental permit that, if granted, would authorise the carrying on of a radioactive substances activity at a nuclear site, or

(b) to an application for the transfer of an environmental permit where the permit authorises the carrying on of a radioactive substances activity at a nuclear site.

(3) In sub-paragraph (1) “the relevant period” means a period, calculated in accordance with paragraph 16, of—

(a) in the case of an application for the transfer of an environmental permit in whole or in part, 2 months,

(b) in the case of an application for the grant or variation, in whole or in part, of an environmental permit relating to a stand-alone flood risk activity only, 2 months,

(d) in any other case, 3 months,

or in any case, a longer period than the period in paragraphs (a) to (d), if it is agreed by the regulator and the applicant.

Calculation of the relevant period

16

(1) This paragraph provides for the calculation of a period referred to in paragraph 15(3).

(2) The period starts—

(a) in the case of an application for the grant or variation of an environmental permit in relation to a Category A mining waste facility—

(i) on the day the regulator is notified by the fire and rescue authority of the matters referred to in paragraph 14(1) of Schedule 20, and for these purposes “fire and rescue authority” has the meaning given in paragraph 2 of that Schedule, or

(ii) if paragraph 10 of this Schedule applies, on the day mentioned in sub-paragraph (i) of this paragraph or, if the day on which the appropriate authority complies with paragraph 10(3) of this Schedule is later, on that day;

(b) if paragraph 10 of this Schedule applies and the application is not one covered by paragraph (a), on the day the appropriate authority complies with paragraph 10(3) of this Schedule;

(3) In calculating the period the following periods must be ignored—

(a) a period beginning with the service of a notice requiring further information under paragraph 4(1) to the receipt by the regulator of that information;

(b) a period for representations mentioned in paragraph 9(4)(c) to the extent that it does not overlap with a period for representations mentioned in paragraph 6(1)(c);

(d) where regulation 15(6) applies, a period beginning with the day on which the regulator informs the applicant of the proposed condition and ending when the regulator is satisfied that the landowner has consented to that condition;

(e) a period during which national security or confidentiality is being considered in relation to the application, that is to say—

(i) any period during which a determination under regulation 47(3) or (7) or 50 is being considered (including any appeal), or

(ii) a period of 15 working days after the service of a notice under regulation 49(1);

(f) if the regulator informs the public in relation to a draft decision in accordance with paragraph 1(d) of Annex IV to the Industrial Emissions Directive, a period of 20 working days.

Notification of a determination or decision

17

(1) As soon as is reasonably practicable after it determines an application or decides to make a regulator-initiated variation, the regulator must comply with sub-paragraphs (2) and (2A).

(2) The regulator must—

(a) notify the applicant or, for a regulator-initiated variation, the operator of—

(i) its determination or decision,

(ii) the rights of appeal the applicant or operator has under regulation 31, and

(iii) the requirements relating to the exercise of those rights in paragraphs 2 and 3 of Schedule 6, and

(b) if paragraph 10 applies, notify the appropriate authority of the determination or decision.

(2A) Where paragraph 10 applies to an application or regulator-initiated variation relating to an installation described in paragraph 10(5), the regulator must—

(a) notify the authorities of the member State consulted in accordance with paragraph 10(2A)(a) of the determination or decision, and

(b) provide those authorities with the information described in Article 24(2) of the Industrial Emission Directive.

(3) In this paragraph, “determination” and “decision” include the reasons for the determination or decision.

Date of effect of certain determinations and decisions

18

(1) This paragraph applies to—

(a) a determination by which the regulator grants an application which—

(i) varies an environmental permit in consequence of an application for variation, transfer in whole or in part, or partial surrender, or

(ii) grants a new environmental permit in consequence of an application for partial transfer, and

(b) a decision to make a regulator-initiated variation.

(2) The determination or decision must specify any variation and the date it is to take effect.

(3) If the regulator grants an application for the transfer of an environmental permit in whole or in part, the determination must specify the date agreed between the regulator and the applicant that the transfer is to take effect.

Form of certain determinations and decisions: consolidation of permits

19

(1) This paragraph applies to every determination and decision to which paragraph 18 applies.

(2) A determination or decision may comprise—

(a) a consolidated permit reflecting the variations, and

(b) a notice specifying the variations included in that consolidated permit.

(3) Only the variations specified are subject to the right of appeal in regulation 31(1)(b) or (c).

Incidents and accidents: deemed condition of a permit

20

Every environmental permit in relation to a regulated facility to which Schedule 7, 13 or 14 applies is deemed to contain the following conditions, unless such conditions are included in the permit—

(a) in the event that the operation of a regulated facility gives rise to an incident or accident which significantly affects the environment, the operator of that regulated facility must immediately—

(i) inform the regulator,

(ii) take the measures necessary to limit the environmental consequences of such an incident or accident, and

(iii) take the measures necessary to prevent further possible incidents or accidents;

(b) in the event of a breach of any condition of a permit, the operator of a regulated facility must immediately—

(i) inform the regulator, and

(ii) take the measures necessary to ensure that compliance is restored within the shortest possible time;

(c) in the event of a breach of any condition of a permit which poses an immediate danger to human health or threatens to cause an immediate significant adverse effect on the environment, the operator of a regulated facility must immediately suspend the operation of the regulated facility or the relevant part of it until compliance with the condition of the permit has been restored.

PART 2 — Compensation in relation to conditions affecting certain interests in land

Interpretation

1

In this Part—

“grantor” means a person who grants the operator rights pursuant to regulation 15(2);

“relevant interest” means an interest in land out of which rights have been granted pursuant to regulation 15(2);

“rights” means the rights granted by the grantor.

Entitlement to compensation

2

A grantor is entitled to be paid compensation under this Part by the operator.

Loss and damage for which compensation is payable

3

(1) Subject to paragraph 6(3) and (5)(b), compensation is payable for loss and damage of the following descriptions—

(a) depreciation in the value of any relevant interest to which the grantor is entitled which results from the grant of the rights;

(b) depreciation in the value of any other interest in land to which the grantor is entitled which results from the exercise of the rights;

(i) is attributable to the grant of the rights or the exercise of them,

(ii) does not consist of depreciation in the value of that interest, and

(iii) is loss or damage for which the grantor would have been entitled to compensation by way of compensation for disturbance if the circumstances specified in sub-paragraph (2) applied;

(d) damage to, or injurious affection of, any interest in land to which the grantor is entitled which—

(i) is not a relevant interest, and

(ii) results from the grant of the rights or the exercise of them;

(e) loss in respect of work carried out by or on behalf of the grantor which is rendered abortive by the grant of the rights or the exercise of them.

(2) For the purpose of sub-paragraph (1)(c)(iii), the circumstances are that the relevant interest was acquired compulsorily—

(a) under the Acquisition of Land Act 1981 , and

(b) in pursuance of a notice to treat served on the date on which the rights were granted.

Date when entitlement to compensation arises

4

(1) An entitlement to compensation under this Part arises on the date of the grant of the rights.

(2) But if an appeal against the conditions of the environmental permit which rendered the grant of rights necessary is refused, the entitlement to compensation arises on the date the appeal is determined.

Application for compensation

5

(1) An application for compensation under this Part must be made by the grantor—

(a) within 12 months after the date on which the entitlement to compensation arises, or

(b) within 6 months after the date on which the rights are first exercised.

(2) An application must be—

(a) made in writing,

(b) made to the operator to whom the rights were granted, and

(3) The application must contain, or be accompanied by—

(a) a copy of the grant of rights in respect of which the grantor's entitlement arises and any plans attached to that grant,

(b) a description of the exact nature of any interest in land in respect of which compensation is applied for,

(i) distinguishing the amounts applied for under each of paragraph 3(1)(a) to (e), and

(ii) showing how the amount applied for under each paragraph has been calculated, and

(d) if the date on which the entitlement to compensation arises is ascertained in accordance with paragraph 4(2), a copy of the notice of the final determination of the appeal.

Assessment of the amount to be paid by way of compensation

6

(1) The amount to be paid by way of compensation under this Part must be assessed in accordance with this paragraph.

(2) The rules set out in section 5 of the Land Compensation Act 1961 have effect for the purposes of this paragraph as they have effect for the purpose of assessing compensation for the compulsory acquisition of an interest in land, so far as applicable and subject to any necessary modifications.

(3) No account is to be taken of any enhancement of the value of an interest in land by reason of any building erected, work done, or improvement or alteration made on land in which the grantor is, or was at the time the building or other work was carried out, directly or indirectly concerned, if the work carried out—

(a) was not reasonably necessary, and

(b) was undertaken with a view to obtaining compensation or increased compensation.

(4) In calculating the amount of a loss under paragraph 3(1)(e), expenditure incurred in the preparation of plans or on other similar preparatory matters is to be taken into account.

(5) Where the interest in respect of which compensation is to be assessed is subject to a mortgage—

(a) the compensation must be assessed as if the interest were not subject to the mortgage, and

(b) no compensation is payable in respect of the interest of the mortgagee (as distinct from the interest which is subject to the mortgage).

(6) Compensation must include an amount equal to the grantor's reasonable valuation and legal expenses incurred as a result of making the application under paragraph 5 to which the compensation relates.

Payment of compensation

7

(1) Compensation in respect of an interest which is subject to a mortgage must be paid—

(a) to the mortgagee, or

(b) if there is more than one mortgagee, to the first mortgagee,

and must, in either case, be applied by the mortgagee as if it were proceeds of sale.

(2) Amounts of compensation determined under this Part are payable—

(a) where the operator and either the grantor or mortgagee agree that a single payment is to be made on a specified date, on that date;

(b) where the operator and either the grantor or mortgagee agree that payment is to be made in instalments at different dates, on the date agreed as regards each instalment;

(c) in any other case, subject to any direction of the Upper Tribunal or the court, as soon as reasonably practicable after the amount of the compensation has been determined.

(3) Any question of the application of paragraph 6(3) or dispute as to the amount of compensation must be referred to and determined by the Upper Tribunal.

(4) In relation to the determination of such a question, section 4 of the Land Compensation Act 1961 applies as if the reference in section 4(A1) of that Act to section 1 of that Act were a reference to sub-paragraph (3) of this paragraph.

Interest payable on compensation

8

(1) Compensation payable under this Part carries interest at the rate for the time being prescribed under section 32 of the Land Compensation Act 1961 from the date specified in sub-paragraph (2) to payment.

(2) The date is—

(a) in the case of compensation payable under paragraph 3(1)(a) or (b), the date of depreciation;

(b) in the case of compensation payable under paragraph 3(1)(c), (d) or (e), the date on which the loss is sustained, the damage is done, or the injurious affection occurs, as the case may be;

(3) If it appears to a person (“A”) that A may become liable to pay to another person (“B”) compensation under this Schedule or interest under this paragraph, on the written request of B, A may make one or more payments on account of such compensation or interest.

(4) A may recover the payment or excess if, after A makes a payment under sub-paragraph (3)—

(a) it is agreed or determined that A is not liable to pay compensation or interest, or

(b) by reason of any agreement or determination, the payment is shown to be excessive.

SCHEDULE 6 — Appeals to the appropriate authority

Interpretation

1

In this Schedule—

“appeal” means an appeal to the appropriate authority;

“appointed person” means the person appointed under paragraph 5;

“determination” includes the reasons for the determination.

Making an appeal

2

(1) A person making an appeal must—

(a) send the appropriate authority written notice of the appeal and the documents specified in sub-paragraph (2), and

(b) at the same time send the regulator copies of the notice and documents.

(2) The documents are—

(a) a statement of the grounds of appeal,

(b) a copy of any relevant application,

(d) a copy of any relevant correspondence between the appellant and the regulator,

(e) a copy of any decision or notice which is the subject matter of the appeal, and

(f) a statement indicating whether the appellant wishes the appeal to be in the form of a hearing or to be dealt with by way of written representations.

(3) An appellant may withdraw an appeal by notifying the appropriate authority in writing and must send a copy of that notification to the regulator.

Time limit for making an appeal

3

(1) A notice of appeal must be given—

(a) in relation to an appeal against a revocation notice, before the revocation notice takes effect;

(b) in relation to the withdrawal of a duly-made application under paragraph 4(2) of Part 1 of Schedule 5, not later than 15 working days after the date of the further notice served under that paragraph;

(c) in relation to an enforcement notice, a regulator-initiated variation, suspension notice, mining waste facility closure notice, landfill closure notice, flood risk activity emergency works notice, flood risk activity notice of intent or flood risk activity remediation notice, not later than 2 months after the date of the variation or notice;

(d) in relation to a prohibition notice, not later than 21 days after the date of the notice;

(e) in any other case, not later than 6 months after the date of the decision or deemed decision.

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