The Environmental Permitting (England and Wales) Regulations 2016

• (3) Where this sub-paragraph applies and A disposes of the aqueous non-Table 6 waste directly into a relevant river or the sea, A must—

• (a) in respect of any aqueous non-Table 6 waste which A disposes of, ensure that the concentration of radioactivity does not exceed the value specified in column 2 of Table 7, and

• (b) in respect of the total amount of aqueous non-Table 6 waste which A disposes of from the premises in a year, ensure that the quantity of radioactivity does not exceed the value specified in column 4 of Table 7.

• (4) Where this sub-paragraph applies and A disposes of the aqueous non-Table 6 waste to a relevant sewer (or only to a waste permitted person), A must ensure that, in respect of the total amount of aqueous non-Table 6 waste which is disposed of from those premises in a year, the total quantity of radioactivity does not exceed—

• (a) where any of that waste has a concentration of radioactivity which exceeds the value specified in column 2 of Table 7, the value in sub-paragraph (5), or

• (b) where none of that waste has a concentration of radioactivity which exceeds the value specified in column 2 of Table 7, the value in sub-paragraph (5) or (6).

• (5) The value referred to in sub-paragraph (4)(a) and (b) is—

• (a) 1 x 10⁸ Bq for the sum of the following radionuclides: H-3, C-11, C-14, F-18, P-32, P-33, S-35, Ca-45, Cr-51, Fe-55, Ga-67, Sr-89, Y-90, Tc-99m, In-111, I-123, I-125, I-131, Sm-153, Tl-201, and

• (b) 1 x 10⁶ Bq for the sum of all other radionuclides.

• (6) The value referred to in sub-paragraph (4)(b) is the value specified in column 3 of Table 7.

• (7) In this paragraph, “aqueous non-Table 6 waste” means aqueous radioactive waste which is not described in an entry in column 1 of Table 6.

SECTION 8 — Exemption for disposal of gaseous radioactive waste

Exemption for disposal of gaseous radioactive waste

23

• (1) Subject to sub-paragraph (2), a person (“A”) is exempt from the requirement for an environmental permit to carry on the radioactive substances activity described in paragraph 11(2)(b) of Part 2 of this Schedule in respect of gaseous radioactive waste where—

• (a) the only radionuclide contained in that waste is Kr-85 and A—

• (i) ensures that in respect of the total amount of such waste which is disposed of from the premises in a year, the total quantity of radioactivity does not exceed 10¹¹ Bq, and

• (ii) complies with the conditions in paragraph 24(1), or

• (b) subject to sub-paragraph (3), that waste—

• (i) is released from within a container at the time that the container is opened, and

• (ii) is emitted by solid or liquid radioactive material within the container,

and A complies with the conditions in paragraph 24(1).

• (2) Sub-paragraph (1) does not apply to waste where the person who generated that waste did not minimise the quantity of radionuclides generated as waste to the extent reasonably practicable.

• (3) Sub-paragraph (1)(b) does not apply in respect of any gas which arises as a result of a process applied by a person to the contained radioactive material.

Conditions in respect of gaseous radioactive waste

24

• (1) The conditions referred to in paragraph 23(1) are that A must—

• (a) to the extent that is reasonably practicable—

• (i) in respect of relevant gaseous waste which arises in a building, cause the waste to be disposed of by an extraction system which removes the waste from the area where it arose and which vents the waste into the atmosphere, and

• (ii) prevent the entry or, where sub-paragraph (i) applies, the re-entry, of relevant gaseous waste into a building, and

• (b) allow the regulator access to such records or such premises as the regulator may request in order to determine that all of the conditions that apply to A in respect of the relevant exemption in that paragraph are complied with.

• (2) In this paragraph “relevant gaseous waste” means waste which is described in paragraph 23(1) and disposed of under the exemption in that paragraph.

SECTION 9 — Tables and summation rules in this Part

Table 4

25

The Table 4 referred to in Sections 2 and 3 of this Part—

Table 5

26

• (1) The Table 5 referred to in Sections 2 and 4 of this Part is—

Radionuclides	Maximum quantity of radioactivity (Bq) on any premises	Maximum concentration (Bq/g)
H-3	10⁹	10⁶
Be-7	10⁷	10³
C-14	10⁷	10⁴
O-15	10⁹	10²
F-18	10⁶	10
Na-22	10⁶	10
Na-24	10⁵	10
Si-31	10⁶	10³
P-32	10⁵	10³
P-33	10⁸	10⁵
S-35	10⁸	10⁵
Cl-36	10⁶	10⁴
Cl-38	10⁵	10
Ar-37	10⁸	10⁶
Ar-41	10⁹	10²
K-42	10⁶	10²
K-43	10⁶	10
Ca-45	10⁷	10⁴
Ca-47	10⁶	10
Sc-46	10⁶	10
Sc-47	10⁶	10²
Sc-48	10⁵	10
V-48	10⁵	10
Cr-51	10⁷	10³
Mn-51	10⁵	10
Mn-52	10⁵	10
Mn-52m	10⁵	10
Mn-53	10⁹	10⁴
Mn-54	10⁶	10
Mn-56	10⁵	10
Fe-52	10⁶	10
Fe-55	10⁶	10⁴
Fe-59	10⁶	10
Co-55	10⁶	10
Co-56	10⁵	10
Co-57	10⁶	10²
Co-58	10⁶	10
Co-58m	10⁷	10⁴
Co-60	10⁵	10
Co-60m	10⁶	10³
Co-61	10⁶	10²
Co-62m	10⁵	10
Ni-59	10⁸	10⁴
Ni-63	10⁸	10⁵
Ni-65	10⁶	10
Cu-64	10⁶	10²
Zn-65	10⁶	10
Zn-69	10⁶	10⁴
Zn-69m	10⁶	10²
Ga-72	10⁵	10
Ge-71	10⁸	10⁴
As-73	10⁷	10³
As-74	10⁶	10
As-76	10⁵	10²
As-77	10⁶	10³
Se-75	10⁶	10²
Br-82	10⁶	10
Kr-74	10⁹	10²
Kr-76	10⁹	10²
Kr-77	10⁹	10²
Kr-79	10⁵	10³
Kr-81	10⁷	10⁴
Kr-83m	10¹²	10⁵
Kr-85	10⁴	10⁵
Kr-85m	10¹⁰	10³
Kr-87	10⁹	10²
Kr-88	10⁹	10²
Rb-86	10⁵	10²
Sr-85	10⁶	10²
Sr-85m	10⁷	10²
Sr-87m	10⁶	10²
Sr-89	10⁶	10³
Sr-90+	10⁴	10²
Sr-91	10⁵	10
Sr-92	10⁶	10
Y-90	10⁵	10³
Y-91	10⁶	10³
Y-91m	10⁶	10²
Y-92	10⁵	10²
Y-93	10⁵	10²
Zr-93+	10⁷	10³
Zr-95	10⁶	10
Zr-97+	10⁵	10
Nb-93m	10⁷	10⁴
Nb-94	10⁶	10
Nb-95	10⁶	10
Nb-97	10⁶	10
Nb-98	10⁵	10
Mo-90	10⁶	10
Mo-93	10⁸	10³
Mo-99	10⁶	10²
Mo-101	10⁶	10
Tc-96	10⁶	10
Tc-96m	10⁷	10³
Tc-97	10⁸	10³
Tc-97m	10⁷	10³
Tc-99	10⁷	10⁴
Tc-99m	10⁷	10²
Ru-97	10⁷	10²
Ru-103	10⁶	10²
Ru-105	10⁶	10
Ru-106+	10⁵	10²
Rh-103m	10⁸	10⁴
Rh-105	10⁷	10²
Pd-103	10⁸	10³
Pd-109	10⁶	10³
Ag-105	10⁶	10²
Ag-108m+	10⁶	10
Ag-110m	10⁶	10
Ag-111	10⁶	10³
Cd-109	10⁶	10⁴
Cd-115	10⁶	10²
Cd-115m	10⁶	10³
In-111	10⁶	10²
In-113m	10⁶	10²
In-114m	10⁶	10²
In-115m	10⁶	10²
Sn-113	10⁷	10³
Sn-125	10⁵	10²
Sb-122	10⁴	10²
Sb-124	10⁶	10
Sb-125	10⁶	10²
Te-123m	10⁷	10²
Te-125m	10⁷	10³
Te-127	10⁶	10³
Te-127m	10⁷	10³
Te-129	10⁶	10²
Te-129m	10⁶	10³
Te-131	10⁵	10²
Te-131m	10⁶	10
Te-132	10⁷	10²
Te-133	10⁵	10
Te-133m	10⁵	10
Te-134	10⁶	10
I-123	10⁷	10²
I-125	10⁶	10³
I-126	10⁶	10²
I-129	10⁵	10²
I-130	10⁶	10
I-131	10⁶	10²
I-132	10⁵	10
I-133	10⁶	10
I-134	10⁵	10
I-135	10⁶	10
Xe-131m	10⁴	10⁴
Xe-133	10⁴	10³
Xe-135	10¹⁰	10³
Cs-129	10⁵	10²
Cs-131	10⁶	10³
Cs-132	10⁵	10
Cs-134m	10⁵	10³
Cs-134	10⁴	10
Cs-135	10⁷	10⁴
Cs-136	10⁵	10
Cs-137+	10⁴	10
Cs-138	10⁴	10
Ba-131	10⁶	10²
Ba-140+	10⁵	10
La-140	10⁵	10
Ce-139	10⁶	10²
Ce-141	10⁷	10²
Ce-143	10⁶	10²
Ce-144+	10⁵	10²
Pr-142	10⁵	10²
Pr-143	10⁶	10⁴
Nd-147	10⁶	10²
Nd-149	10⁶	10²
Pm-147	10⁷	10⁴
Pm-149	10⁶	10³
Sm-151	108	10⁴
Sm-153	10⁶	10²
Eu-152	10⁶	10
Eu-152m	10⁶	10²
Eu-154	10⁶	10
Eu-155	10⁷	10²
Gd-153	10⁷	10²
Gd-159	10⁶	10³
Tb-160	10⁶	10
Dy-165	10⁶	10³
Dy-166	10⁶	10³
Ho-166	10⁵	10³
Er-169	10⁷	10⁴
Er-171	10⁶	10²
Tm-170	10⁶	10³
Tm-171	10⁸	10⁴
Yb-175	10⁷	10³
Lu-177	10⁷	10³
Hf-181	10⁶	10
Ta-182	10⁴	10
W-181	10⁷	10³
W-185	10⁷	10⁴
W-187	10⁶	10²
Re-186	10⁶	10³
Re-188	10⁵	10²
Os-185	10⁶	10
Os-191	10⁷	10²
Os-191m	10⁷	10³
Os-193	10⁶	10²
Ir-190	10⁶	10
Ir-192	10⁴	10
Ir-194	10⁵	10²
Pt-191	10⁶	10²
Pt-193m	10⁷	10³
Pt-197	10⁶	10³
Pt-197m	10⁶	10²
Au-198	10⁶	10²
Au-199	10⁶	10²
Hg-197	10⁷	10²
Hg-197m	10⁶	10²
Hg-203	10⁵	10²
Tl-200	10⁶	10
Tl-201	10⁶	10²
Tl-202	10⁶	10²
Tl-204	10⁴	10⁴
Pb-203	10⁶	10²
Pb-210+	10⁴	10
Pb-212+	10⁵	10
Bi-206	10⁵	10
Bi-207	10⁶	10
Bi-210	10⁶	10³
Bi-212+	10⁵	10
Po-203	10⁶	10
Po-205	10⁶	10
Po-207	10⁶	10
Po-210	10⁴	10
At-211	10⁷	10³
Rn-220+	10⁷	10⁴
Rn-222+	10⁸	10
Ra-223+	10⁵	10²
Ra-224+	10⁵	10
Ra-225	10⁵	10²
Ra-226+	10⁴	10
Ra-227	10⁶	10²
Ra-228+	10⁵	10
Ac-228	10⁶	10
Th-226+	10⁷	10³
Th-227	10⁴	10
Th-228+	10⁴	1
Th-229+	10³	1
Th-230	10⁴	1
Th-231	10⁷	10³
Th-232 sec	10³	1
Th-234+	10⁵	10³
Pa-230	10⁶	10
Pa-231	10³	1
Pa-233	10⁷	10²
U-230+	10⁵	10
U-231	10⁷	10²
U-232+	10³	1
U-233	10⁴	10
U-234	10⁴	10
U-235+	10⁴	10
U-236	10⁴	10
U-237	10⁶	10²
U-238+	10⁴	10
U-238 sec	10³	1
U-239	10⁶	10²
U-240	10⁷	10³
U-240+	10⁶	10
Np-237+	10³	1
Np-239	10⁷	10²
Np-240	10⁶	10
Pu-234	10⁷	10²
Pu-235	10⁷	10²
Pu-236	10⁴	10
Pu-237	10⁷	10³
Pu-238	10⁴	1
Pu-239	10⁴	1
Pu-240	10³	1
Pu-241	10⁵	10²
Pu-242	10⁴	1
Pu-243	10⁷	10³
Pu-244	10⁴	1
Am-241	10⁴	1
Am-242	10⁶	10³
Am-242m+	10⁴	1
Am-243+	10³	1
Cm-242	10⁵	10²
Cm-243	10⁴	1
Cm-244	10⁴	10
Cm-245	10³	1
Cm-246	10³	1
Cm-247	10⁴	1
Cm-248	10³	1
Bk-249	10⁶	10³
Cf-246	10⁶	10³
Cf-248	10⁴	10
Cf-249	10³	1
Cf-250	10⁴	10
Cf-251	10³	1
Cf-252	10⁴	10
Cf-253	10⁵	10²
Cf-254	10³	1
Es-253	10⁵	10²
Es-254	10⁴	10
Es-254m	10⁶	10²
Fm-254	10⁷	10⁴
Fm-255	10⁶	10³
Any other radionuclide that is:	10³, or the quantity given in respect of that radionuclide in the Public Health England publication ‘Exempt Concentrations and Quantities for Radionuclides not Included in the European Basic Safety Standards Directive’.	1, or the concentration given in respect of that radionuclide in the publication referenced in column 2.
(a) not of natural terrestrial or cosmic origin, or	10³, or the quantity given in respect of that radionuclide in the Public Health England publication ‘Exempt Concentrations and Quantities for Radionuclides not Included in the European Basic Safety Standards Directive’.	1, or the concentration given in respect of that radionuclide in the publication referenced in column 2.
(b) listed in Table 2 in this Schedule.	10³, or the quantity given in respect of that radionuclide in the Public Health England publication ‘Exempt Concentrations and Quantities for Radionuclides not Included in the European Basic Safety Standards Directive’.	1, or the concentration given in respect of that radionuclide in the publication referenced in column 2.

• (2) The summation rule in respect of column 2 of Table 5 is the sum of the quotients A/B where—

• (a) “A” means the quantity of each radionuclide listed in column 1 of Table 5 that is present in the material and waste, and

• (b) “B” means the quantity of that radionuclide specified in column 2 of Table 5.

• (3) The summation rule in respect of column 3 of Table 5 is the sum of the quotients C/D where—

• (a) “C” means the concentration of each radionuclide listed in column 1 of Table 5 that is present in the material and waste, and

• (b) “D” means the concentration of that radionuclide specified in column 3 of Table 5.

Table 6

27

The Table 6 referred to in Sections 5 and 7 of this Part is—

Table 7

28

• (1) The Table 7 referred to in Section 7 of this Part is—

Radionuclide	Concentration in Bq/ litre	Maximum annual quantity of radionuclides to a relevant sewer (Bq/ year)	Maximum annual quantity of radionuclides directly into a relevant river or the sea (Bq/ year)
H-3	10³	10¹⁰	10¹⁰
Be-7	1	10⁷	10⁷
C-14	0.1	10⁶	10⁶
F-18	0.1	10⁶	10⁶
Na-22	1	10⁶	10⁷
Na-24	1	10⁷	10⁷
Si-31	10	10⁸	10⁸
P-32	0.001	10⁴	10⁴
P-33	0.001	10⁴	10⁴
S-35	10	3 x 10⁷	10⁸
Cl-36	10	10⁷	10⁸
Cl-38	0.1	10⁶	10⁶
K-42	0.01	10⁵	10⁵
K-43	0.01	10⁵	10⁵
Ca-45	1	10⁷	10⁷
Ca-47	0.1	10⁶	10⁶
Sc-46	0.001	10⁴	10⁴
Sc-47	0.01	10⁵	10⁵
Sc-48	0.001	10⁴	10⁴
V-48	1	10⁷	10⁷
Cr-51	10	10⁸	10⁸
Mn-51	0.001	10⁴	10⁴
Mn-52	0.001	10⁴	10⁴
Mn-52m	0.001	10⁴	10⁴
Mn-53	1	10⁷	10⁷
Mn-54	0.01	10⁵	10⁵
Mn-56	0.001	10⁴	10⁴
Fe-52	0.01	10⁵	10⁵
Fe-55	1	10⁷	10⁷
Fe-59	0.01	10⁵	10⁵
Co-55	0.001	10⁴	10⁴
Co-56	0.001	10⁴	10⁴
Co-57	0.1	10⁶	10⁶
Co-58	0.1	10⁶	10⁶
Co-58m	1	10⁷	10⁷
Co-60	0.01	10⁵	10⁵
Co-60m	1	10⁷	10⁷
Co-61	0.1	10⁶	10⁶
Co-62m	0.001	10⁴	10⁴
Ni-59	1	10⁷	10⁷
Ni-63	10²	10⁹	10⁹
Ni-65	0.01	10⁵	10⁵
Cu-64	0.1	10⁶	10⁶
Zn-65	0.1	3 x 10⁵	10⁶
Zn-69	10	10⁸	10⁸
Zn-69m	0.1	10⁶	10⁶
Ga-67	0.1	10⁶	10⁶
Ga-72	0.001	10⁴	10⁴
Ge-71	1	10⁷	10⁷
As-73	10	10⁸	10⁸
As-74	1	10⁷	10⁷
As-76	1	10⁷	10⁷
As-77	1	10⁷	10⁷
Se-75	0.1	3 x 10⁵	10⁶
Br-82	0.1	10⁶	10⁶
Rb-86	0.1	10⁶	10⁶
Sr-85	0.1	10⁶	10⁶
Sr-85m	0.1	10⁶	10⁶
Sr-87m	0.1	10⁶	10⁶
Sr-89	1	10⁷	10⁷
Sr-90+	0.1	3 x 10⁵	10⁶
Sr-91	0.01	10⁵	10⁵
Sr-92	0.01	10⁵	10⁵
Y-90	1	10⁷	10⁷
Y-91	1	10⁷	10⁷
Y-91m	0.01	10⁵	10⁵
Y-92	0.1	10⁶	10⁶
Y-93	0.1	10⁶	10⁶
Zr-93	10	10⁸	10⁸
Zr-95+	0.001	10⁴	10⁴
Zr-97	0.01	10⁵	10⁵
Nb-93m	10	10⁸	10⁸
Nb-94	0.1	10⁶	10⁶
Nb-95	1	10⁷	10⁷
Nb-97	1	10⁷	10⁷
Nb-98	0.1	10⁶	10⁶
Mo-90	0.1	10⁶	10⁶
Mo-93	1	10⁷	10⁷
Mo-99	0.1	10⁶	10⁶
Mo-101	0.01	10⁵	10⁵
Tc-96	1	10⁷	10⁷
Tc-96m	10²	10⁹	10⁹
Tc-97	10²	10⁹	10⁹
Tc-97m	10	10⁸	10⁸
Tc-99	10	10⁷	10⁸
Tc-99m	10	3 x 10⁷	10⁸
Ru-97	0.01	10⁵	10⁵
Ru-103	0.01	10⁵	10⁵
Ru-105	0.01	10⁵	10⁵
Ru-106+	0.1	10⁶	10⁶
Rh-103m	10	10⁸	10⁸
Rh-105	1	10⁷	10⁷
Pd-103	0.1	10⁶	10⁶
Pd-109	0.1	10⁶	10⁶
Ag-105	1	10⁷	10⁷
Ag-108m	0.1	10⁶	10⁶
Ag-110m	0.1	10⁶	10⁶
Ag-111	10	10⁸	10⁸
Cd-109	1	10⁷	10⁷
Cd-115	0.1	10⁶	10⁶
Cd-115m	1	10⁷	10⁷
In-111	0.01	10⁵	10⁵
In-113m	0.01	10⁵	10⁵
In-114m	0.01	10⁵	10⁵
In-115m	0.01	10⁵	10⁵
Sn-113	0.1	10⁶	10⁶
Sn-125	0.01	10⁵	10⁵
Sb-122	0.1	10⁶	10⁶
Sb-124	0.1	10⁶	10⁶
Sb-125	1	10⁷	10⁷
Te-123m	1	10⁷	10⁷
Te-125m	1	10⁷	10⁷
Te-127	10	10⁸	10⁸
Te-127m	1	10⁷	10⁷
Te-129	10	10⁸	10⁸
Te-129m	1	10⁷	10⁷
Te-131	1	10⁷	10⁷
Te-131m	1	10⁷	10⁷
Te-132	0.1	10⁶	10⁶
Te-133	1	10⁷	10⁷
Te-133m	1	10⁷	10⁷
Te-134	1	10⁷	10⁷
I-123	1	10⁷	10⁷
I-125	1	10⁷	10⁷
I-126	0.1	10⁶	10⁶
I-129	0.1	10⁶	10⁶
I-130	0.1	10⁶	10⁶
I-131	0.1	10⁶	10⁶
I-132	0.1	10⁶	10⁶
I-133	0.1	10⁶	10⁶
I-134	0.1	10⁶	10⁶
I-135	0.1	10⁶	10⁶
Cs-129	0.01	10⁵	10⁵
Cs-131	0.1	10⁶	10⁶
Cs-132	0.01	10⁵	10⁵
Cs-134	0.01	10⁵	10⁵
Cs-134m	0.1	10⁶	10⁶
Cs-135	0.1	10⁶	10⁶
Cs-136	0.001	10⁴	10⁴
Cs-137+	0.01	10⁵	10⁵
Cs-138	0.001	10⁴	10⁴
Ba-131	0.1	10⁶	10⁶
Ba-140	0.1	10⁶	10⁶
La-140	0.001	10⁴	10⁴
Ce-139	0.1	10⁶	10⁶
Ce-141	0.1	10⁶	10⁶
Ce-143	0.01	10⁵	10⁵
Ce-144	0.1	10⁶	10⁶
Pr-142	0.1	10⁶	10⁶
Pr-143	10	10⁸	10⁸
Nd-147	0.01	10⁵	10⁵
Nd-149	0.01	10⁵	10⁵
Pm-147	10	10⁸	10⁸
Pm-149	1	10⁷	10⁷
Sm-151	10²	10⁹	10⁹
Sm-153	0.1	10⁶	10⁶
Eu-152	0.01	10⁵	10⁵
Eu-152m	0.01	10⁵	10⁵
Eu-154	0.01	10⁵	10⁵
Eu-155	0.1	10⁶	10⁶
Gd-153	0.1	10⁶	10⁶
Gd-159	0.1	10⁶	10⁶
Tb-160	0.01	10⁵	10⁵
Dy-165	0.1	10⁶	10⁶
Dy-166	0.1	10⁶	10⁶
Ho-166	0.1	10⁶	10⁶
Er-169	10	10⁸	10⁸
Er-171	0.01	10⁵	10⁵
Tm-170	1	10⁷	10⁷
Tm-171	10	10⁸	10⁸
Yb-175	0.1	10⁶	10⁶
Lu-177	0.1	10⁶	10⁶
Hf-181	0.01	10⁵	10⁵
Ta-182	0.001	10⁴	10⁴
W-181	0.1	10⁶	10⁶
W-185	1	10⁷	10⁷
W-187	0.01	10⁵	10⁵
Re-186	1	10⁷	10⁷
Re-188	1	10⁷	10⁷
Os-185	0.01	10⁵	10⁵
Os-191	0.1	10⁶	10⁶
Os-191m	1	10⁷	10⁷
Os-193	0.1	10⁶	10⁶
Ir-190	0.001	10⁴	10⁴
Ir-192	0.01	10⁵	10⁵
Ir-194	0.1	10⁶	10⁶
Pt-191	0.01	10⁵	10⁵
Pt-193m	1	10⁷	10⁷
Pt-197	0.1	10⁶	10⁶
Pt-197m	0.1	10⁶	10⁶
Au-198	1	10⁷	10⁷
Au-199	1	10⁷	10⁷
Hg-197	1	10⁷	10⁷
Hg-197m	0.1	10⁶	10⁶
Hg-203	0.1	10⁶	10⁶
Tl-200	0.01	10⁵	10⁵
Tl-201	0.1	10⁶	10⁶
Tl-202	0.01	10⁵	10⁵
Tl-204	0.1	10⁶	10⁶
Pb-203	0.01	10⁵	10⁵
Pb-210	0.001	10⁴	10⁴
Pb-212	0.1	10⁶	10⁶
Bi-206	0.01	10⁵	10⁵
Bi-207	0.1	10⁶	10⁶
Bi-210	10	10⁸	10⁸
Bi-212	1	10⁷	10⁷
Po-203	0.001	10⁴	10⁴
Po-205	0.001	10⁴	10⁴
Po-207	0.001	10⁴	10⁴
Po-210	0.001	10⁴	10⁴
At-211	1	10⁷	10⁷
Ra-223	0.01	10⁵	10⁵
Ra-224+	0.01	10⁵	10⁵
Ra-225	0.01	10⁵	10⁵
Ra-226+	0.01	10⁵	10⁵
Ra-227	1	10⁷	10⁷
Ra-228	0.01	10⁵	10⁵
Ac-227	0.1	10⁶	10⁶
Ac-228	0.001	10⁴	10⁴
Th-226	0.1	10⁶	10⁶
Th-227	0.01	10⁵	10⁵
Th-228	1	10⁷	10⁷
Th-229	0.01	10⁵	10⁵
Th-230	1	10⁷	10⁷
Th-231	0.1	10⁶	10⁶
Th-232	1	10⁶	10⁷
Th-234	0.1	10⁶	10⁶
Pa-230	0.01	10⁵	10⁵
Pa-231	0.01	10⁵	10⁵
Pa-233	0.1	10⁶	10⁶
U-230	0.1	10⁶	10⁶
U-231	10	10⁸	10⁸
U-232	0.1	10⁶	10⁶
U-233	0.1	10⁶	10⁶
U-234	0.1	10⁶	10⁶
U-235+	0.1	10⁶	10⁶
U-236	0.1	10⁶	10⁶
U-237	10	10⁸	10⁸
U-238+	0.1	10⁶	10⁶
U-239	10	10⁸	10⁸
U-240	10	10⁸	10⁸
Np-237	0.1	10⁶	10⁶
Np-239	1	10⁷	10⁷
Np-240	0.1	10⁶	10⁶
Pu-234	0.01	10⁵	10⁵
Pu-235	0.01	10⁵	10⁵
Pu-236	1	10⁷	10⁷
Pu-237	0.1	10⁶	10⁶
Pu-238	0.1	10⁶	10⁶
Pu-239	0.1	10⁶	10⁶
Pu-240	0.1	10⁶	10⁶
Pu-241	10	10⁸	10⁸
Pu-242	0.1	10⁶	10⁶
Pu-243	0.1	10⁶	10⁶
Pu-244	0.1	10⁶	10⁶
Am-241	0.1	10⁶	10⁶
Am-242	0.1	10⁶	10⁶
Am-242m	0.1	10⁶	10⁶
Am-243	0.1	10⁶	10⁶
Cm-242	1	10⁷	10⁷
Cm-243	0.1	10⁶	10⁶
Cm-244	0.1	10⁶	10⁶
Cm-245	0.01	10⁵	10⁵
Cm-246	0.1	10⁶	10⁶
Cm-247	0.01	10⁵	10⁵
Cm-248	0.1	10⁶	10⁶
Bk-249	10²	10⁹	10⁹
Cf-246	1	10⁷	10⁷
Cf-248	1	10⁷	10⁷
Cf-249	0.01	10⁵	10⁵
Cf-250	0.1	10⁶	10⁶
Cf-251	0.01	10⁵	10⁵
Cf-252	0.1	10⁶	10⁶
Cf-253	10	10⁸	10⁸
Cf-254	0.0001	10³	10³
Es-253	1	10⁷	10⁷
Es-254	0.1	10⁶	10⁶
Es-254m	0.01	10⁵	10⁵
Fm-254	1	10⁷	10⁷
Fm-255	0.1	10⁶	10⁶
Any other radionuclide that is not of natural terrestrial or cosmic origin	0.0001	10³	10³
Any other radionuclide that is not of natural terrestrial or cosmic origin	or that concentration which gives rise to a dose to a member of the public of 10 microsieverts per year calculated in accordance with the methodology used to calculate other concentrations in this table .	or that quantity which corresponds to 3,000m³ of aqueous radioactive waste up to the appropriate concentration as calculated in accordance with column 2.	or that quantity which corresponds to 10,000m³ of aqueous radioactive waste up to the appropriate concentration as calculated in accordance with column 2.

• (2) The summation rule in respect of column 2 of Table 7 is the sum of the quotients A/B where—

• (a) “A” means the concentration in Bq/ litre of each radionuclide listed in column 1 of Table 7 that is present in aqueous waste which is not described in a row in column 1 of Table 6, and

• (b) “B” means the concentration of that radionuclide specified in column 2 of Table 7.

• (3) The summation rule in respect of column 3 of Table 7 is the sum of the quotients C/D where—

• (a) “C” means the quantity in Bq of each radionuclide listed in column 1 of Table 7 that is present in the aqueous waste which is not described in a row in column 1 of Table 6 which is disposed of in the year, and

• (b) “D” means the quantity of that radionuclide specified in column 3 of Table 7.

• (4) The summation rule in respect of column 4 of Table 7 is the sum of the quotients C/E where—

• (a) “C” means the quantity in Bq of each radionuclide listed in column 1 of Table 7 that is present in the aqueous waste which is not described in a row in column 1 of Table 6 which is disposed of in the year, and

• (b) “E” means the quantity of that radionuclide specified in column 4 of Table 7.

Interpretation of this Section

29

In this Section, where any radionuclide carries the suffix “+” or “sec”—

• (a) that radionuclide represents the parent radionuclide in secular equilibrium with the corresponding daughter radionuclides which are identified in column 2 of Table 8 adjacent to that parent radionuclide, and

• (b) a concentration or activity value given in respect of such a parent radionuclide is the value for the parent radionuclide alone, but already takes into account the daughter radionuclides in column 2 that are present.

Table 8

30

The Table 8 referred to in paragraph 29 is—

PART 7 — Radioactivity to be disregarded

Application

1

• (1) For the purposes of the matters referred to in sub-paragraph (2), no account is to be taken of any radioactivity possessed by a substance or article or by a part of any premises.

• (2) The matters are—

• (a) the operation of a provision to which this Part applies,

• (b) the exercise of a power conferred by, or for the enforcement of, a provision to which this Part applies, and

• (c) the performance of a duty imposed by, or for the enforcement of, a provision to which this Part applies.

• (3) This Part applies to a provision—

• (a) specified in paragraph 2,

• (b) contained in an instrument made under a provision so specified,

• (c) which has effect by virtue of a provision so specified, or

• (d) which extends or applies a provision so specified.

• (4) This Part also applies to a provision of a local enactment (whenever passed or made and however expressed) insofar as it—

• (a) prohibits or restricts—

• (i) the disposal or accumulation of waste,

• (ii) the disposal or accumulation of a substance which is or causes a nuisance, or

• (iii) a disposal or accumulation which causes pollution, or

• (b) confers a power, or imposes a duty, on a public authority or an officer of a public authority to take action to prevent, restrict or abate a disposal or accumulation of a description given in paragraph (a).

• (5) In sub-paragraph (4)—

• (a) a reference to “disposal” in relation to a provision to which this Part applies, means—

• (i) the discharge or deposit of a substance, or

• (ii) the allowing of a substance to escape or to enter a stream or other place,

as may be mentioned in that provision, and

• (b) “local enactment” means—

• (i) a local or private Act,

• (ii) an order confirmed by Parliament or brought into operation in accordance with special parliamentary procedure, or

• (iii) an order confirmed by the National Assembly for Wales or brought into operation in accordance with special procedure in the Assembly.

Provisions of enactments

2

• (1) The provisions referred to in paragraph 1(3) are those listed in Table 9 below.

• (2) References to provisions of the 1991 Act have effect subject to the power conferred by section 98 of that Act .

Act	Provisions
Public Health Act 1936	Sections 48, 79, 81, 82, 141, 259 and 261 .
Water Act 1945	Section 18 so far as it continues to have effect by virtue of Schedule 2 to the Water Consolidation (Consequential Provisions) Act 1991 or by virtue of provisions of the Control of Pollution Act 1974 not having been brought into force.
Salmon and Freshwater Fisheries Act 1975	Section 4 .
Building Act 1984	Section 59 .
The Planning (Hazardous Substances) Act 1990	The whole Act.
The 1990 Act	Part 3 (subject to regulation 47(3) of the Waste (England and Wales) Regulations 2011 ).
Water Industry Act 1991	Sections 72, 111 and 113(6) .
Water Industry Act 1991	In Part 4, Chapter 3 .
Water Industry Act 1991
Water Industry Act 1991
Water Industry Act 1991
Water Industry Act 1991	In Schedule 8, paragraphs 2 to 4 so far as they re-enact provisions of sections 43 and 44 of the Control of Pollution Act 1974 .
The 1991 Act	Sections 82, 84, 92, 93, 161-161D, 190, 202 and 203 .
The 1991 Act	In Schedule 25, paragraph 6 .
Clean Air Act 1993	Section 16.
Marine and Coastal Access Act 2009	Section 155.

SCHEDULE 24 — Efficiency in heating and cooling energy: Energy Efficiency Directive

Interpretation

1

• (1) In this Schedule—

• “cogeneration” means the simultaneous generation in one process of thermal energy and electrical or mechanical energy;

• “connection distance” means—in the case of a hot water link, the thermal capacity in kilowatts of the source or demand, whichever is smaller, multiplied by 0.0038, orin the case of a steam heat link, the thermal capacity in kilowatts of the source or demand, whichever is smaller, multiplied by 0.0012,expressed in kilometres;

• “cost-benefit analysis” means a cost-benefit analysis in accordance with Part 2 to Annex IX to the Energy Efficiency Directive;

• “economically justified demand” means demand that does not exceed the needs for heating or cooling and which would otherwise be satisfied at market conditions by energy generation processes other than cogeneration;

• “high-efficiency cogeneration” means cogeneration meeting the criteria laid down in Annex II to the Energy Efficiency Directive;

• “installation” means—a stationary technical unit where one or more activities listed in Part 2 of Schedule 1 are carried on, ...a small waste incineration plant; or a medium combustion plant;

• “relevant installation” means an installation carrying on—an activity described in Part A(1) of Section 1.1 of Part 2 of Schedule 1,an activity described in Part A(1) of Section 5.1 of Part 2 of Schedule 1,an activity described in paragraph (a) of Part B of Section 1.1 of Part 2 of Schedule 1, ...a small waste incineration plant operation; or a medium combustion plant operation;

• “substantially refurbished” means, subject to sub-paragraph (2)(e), a refurbishment the cost of which exceeds 50% of the investment cost for a new comparable energy plant.

• (2) For the purposes of this Schedule—

• (a) the definition of “offshore platform” in paragraph 3 of Part A(1) of Section 1.1 of Part 2 of Schedule 1 also includes 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,

• (b) the definition of “petroleum” in paragraph 4 of Part A(1) of Section 1.1 of Part 2 of Schedule 1 also includes coal or bituminous shales or other stratified deposits from which oil can be extracted by destructive distillation,

• (c) a reference to an installation means an installation which has a net rated thermal input exceeding 20 megawatts,

• (d) where two or more small waste incineration plants falling within Schedule 13 with an aggregate net thermal input exceeding 20 megawatts are operated on the same site by the same operator, those small waste incineration plants must be treated as a single installation with a rated thermal input exceeding 20 megawatts, and

• (e) refurbishment does not include the fitting of equipment to carry out the activity described in Part A(1) of Section 6.10 of Part 2 of Schedule 1.

Electricity generating installations

2

• (1) An application for the grant of an environmental permit under regulation 13(1) for a relevant installation which generates electricity must contain a cost-benefit analysis which assesses the cost and benefits of providing for the operation of the installation as a high-efficiency cogeneration installation.

• (2) The regulator must exercise its relevant functions to ensure that an application for a variation of an environmental permit under regulation 20(1) is made before the energy plant of a relevant installation which generates electricity is substantially refurbished.

• (3) The regulator must ensure that an application for a variation of an environmental permit required by sub-paragraph (2) contains (in addition to the information required by paragraph 2(1)(b) of Schedule 5) a cost-benefit analysis which assesses the cost and benefits of converting the relevant installation to high-efficiency cogeneration.

• (4) The requirement for a cost-benefit analysis in sub-paragraph (1) or (3) does not apply to peak load and back-up electricity generating relevant installations for which the application for the grant or a variation of an environmental permit states that operation under 1,500 operating hours per year as a rolling average over a period of 5 years is planned.

• (5) In the case of a relevant installation to which sub-paragraph (4) applies, the regulator must ensure that, if an environmental permit is granted or varied, it includes conditions ensuring that the operating hours for the installation remain within that constraint.

Installations generating waste heat

3

• (1) An application for the grant of an environmental permit under regulation 13(1) for an installation generating waste heat at a useful temperature level, other than a relevant installation falling within paragraph 2(1), must contain a cost-benefit analysis.

• (2) The regulator must exercise its relevant functions to ensure that an application for a variation of an environmental permit under regulation 20(1) is made before the energy plant of an installation generating waste heat at a useful temperature level, other than a relevant installation falling within paragraph 2(2), is substantially refurbished.

• (3) The regulator must ensure that an application for a variation of an environmental permit under sub-paragraph (2) contains (in addition to the information required by paragraph 2(1)(b) of Schedule 5) a cost-benefit analysis.

• (4) The cost-benefit analysis required by sub-paragraphs (1) and (3) must include an assessment of the cost and benefits of—

• (a) utilising the waste heat to satisfy economically justified demand, including through cogeneration, and

• (b) the connection of that installation to a district heating and cooling network.

Heating and cooling networks

4

• (1) An application for the grant of an environmental permit under regulation 13(1) for a relevant installation which forms part of a new district heating and cooling network or existing district heating or cooling network, must contain a cost-benefit analysis.

• (2) The regulator must exercise its relevant functions to ensure that an application for a variation of an environmental permit under regulation 20(1) is made before the energy plant of a relevant installation which forms part of a district heating and cooling network is substantially refurbished.

• (3) An application for the variation of an environmental permit required by sub-paragraph (2) must contain (in addition to the information required by paragraph 2(1)(b) of Schedule 5) a cost-benefit analysis.

• (4) The cost-benefit analysis required by sub-paragraphs (1) and (3) must include an assessment of the cost and benefits of utilising the waste heat from nearby installations.

Thresholds

5

Paragraphs 3 and 4 do not apply to an installation, except an installation which forms part of a district cooling network, with any of the following—

• (a) available waste heat of 100 kilowatts or less;

• (b) available waste heat—

• (i) greater than 100 kilowatts as hot water or steam, where there is no hot water heat demand greater than 100 kilowatts within the search radius from the installation as set out in the table below, and located within the connection distance from the centre of the installation, or

• (ii) greater than 500 kilowatts as steam where there is no steam-based heat demand greater than 500 kilowatts and no hot water heat demand greater than 100 kilowatts within the search radius from the centre of the source installation as set out in the table below, and located within the connection distance from the centre of the source installation;

• (c) a heat demand of—

• (i) 100 kilowatts or less for a hot water heat demand, or

• (ii) 500 kilowatts or less for a steam-based heat demand;

• (d) a hot water heat demand greater than 100 kilowatts, with no source of available waste heat greater than 100 kilowatts within the search radius from the centre of the demand installation as set out in the table below, and located within the connection distance from the centre of the demand installation;

• (e) a steam-based heat demand greater than 500 kilowatts, with no source of steam-based waste heat greater than 500 kilowatts within the search radius from the centre of the installation as set out in the table below, and located within the connection distance from the centre of the demand installation.

Installation type	Thermal capacity of heat source/demand	Search radius (kilometres), measured from the centre of the installation
Hot water demand	>100 kilowatts and <3.9 megawatts	0.0038 x H, where H = thermal capacity in kilowatts
Hot water demand	≥ 3.9 megawatts	15
Steam demand	>500 kilowatts and <12.5 megawatts	0.0012 x H, where H = thermal capacity in kilowatts
Steam demand	≥ 12.5 megawatts	15
Waste heat source (hot water or steam)	>100 kilowatts and <3.9 megawatts	0.0038 x H, where H = thermal capacity in kilowatts
Waste heat source (hot water or steam)	≥ 3.9 megawatts	15

Determination of applications

6

• (1) When considering an application for an environmental permit, or for a variation of an environmental permit, in accordance with this Schedule, the regulator must take into account—

• (a) the outcome of the cost-benefit analysis carried out in accordance with this Schedule, and

• (b) the outcome of any comprehensive assessment carried out in accordance with regulation 4(2)(a) of the Energy Efficiency (Encouragement, Assessment and Information) Regulations 2014.

• (2) Subject to sub-paragraph (4), where a cost-benefit analysis carried out in accordance with paragraphs 2(1), 2(3) and 3(4) shows that benefits exceed costs, the regulator must ensure that any environmental permit that is granted or varied includes appropriate conditions that will ensure the operation of the installation in a manner shown by that analysis to be cost beneficial.

• (3) Subject to sub-paragraph (4), where a cost-benefit analysis carried out in accordance with paragraph 4(4) shows that benefits exceed costs, the regulator must ensure that any environmental permit that is granted or varied contains appropriate conditions that will ensure the operation of the installation, in conjunction with the utilisation of the waste heat from nearby installations, in a manner shown by that analysis to be cost beneficial.

• (4) Where the cost-benefit analysis carried out in accordance with paragraph 2(1), 2(3), 3(4) or 4(4) shows that benefits exceed costs, the requirement to impose appropriate conditions in accordance with sub-paragraphs (2) and (3) does not apply if, in individual cases, the regulator decides that there are imperative reasons of law, ownership or finance for them not to apply.

• (5) The regulator must within 2 months of its decision under sub-paragraph (4) submit a reasoned notification of that decision to the appropriate authority.

• (6) This Schedule does not apply to—

• (a) installations that need to be located close to a geological storage site approved under 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;

• (b) any relevant installation within a nuclear site, within the meaning given in paragraph 1 of Part 2 of Schedule 23, and which is dedicated to the production of nuclear power;

• (c) mobile plant.

• (7) Nothing in this Schedule affects the application of the Industrial Emissions Directive to installations.

Aggregation of rated thermal input – existing installations

7

• (1) This paragraph applies to a Part B installation that is a regulated facility solely as a result of the aggregation of the net rated thermal input of two or more appliances in accordance with paragraph 2 of Part B of Section 1.1 of Part 2 of Schedule 1.

• (2) A Part B installation that was in operation immediately prior to 21st March 2015 is taken to be an exempt facility for the purposes of regulation 8(2).

• (3) Sub-paragraph (2) ceases to apply to a Part B installation (so that it is no longer taken to be an exempt facility) if, after 21st March 2015, the energy plant of the Part B installation is substantially refurbished.

Existing applications for the grant or variation of an environmental permit

8

• (1) This Schedule does not apply to an existing application.

• (2) In sub-paragraph (1), “existing application” mean a duly made application received by the regulator prior to 21st March 2015—

• (a) for the grant of an environmental permit pursuant to regulation 13, or

• (b) for the variation of an environmental permit pursuant to regulation 20(1).

SCHEDULE 25 — Flood risk activities and excluded flood risk activities

PART 1 — Flood risk activities

Application

1

This Schedule applies in relation to every flood risk activity.

Interpretation

2

• (1) In this Schedule—

• “application” has the meaning given in paragraph 1 of Schedule 5;

• “drainage” has the meaning given in section 113(1) of the 1991 Act and “drainage work” is to be construed accordingly;

• “emergency” means an occurrence which presents a risk of—serious flooding;serious detrimental impact on drainage;serious harm to the environment;

• “flood defence structure” means any permanent works constructed, operated or maintained by the regulator for the purposes of managing flood risk;

• “land” includes—water;land covered by water;

• “main river” has the meaning given in section 113(1) of the 1991 Act ;

• “navigation authority” means any person who has a duty or power under any enactment to work, maintain, conserve, improve or control any canal or other inland navigation, navigable river, estuary, harbour or dock;

• “non-tidal main river” means any part of a main river that is not a tidal main river;

• “tidal main river” means that part of a main river downstream of the normal tidal limit;

• “unauthorised flood risk activity” means a flood risk activity which is not authorised by an environmental permit but excluding any exempt or excluded flood risk activities;

• “watercourse” has the meaning given in section 221 of the 1991 Act , as read with section 113(1) of that Act.

• (2) In this Schedule—

• (a) except in the definition of “sea defence” in paragraph 3, “bank” means any bank, berm, wall or embankment that adjoins or confines any watercourse and includes the side of the bank that stretches down to the mean low-water mark (in the case of a watercourse in which tidal waters flow) or to the bed of the watercourse (in any other case);

• (b) for the purposes of paragraph (a), in the case of a watercourse in which tidal waters flow, the bank includes any wall or embankment constructed or maintained by the regulator in the sea or an estuary for the purposes of or in connection with a river;

• (c) any reference to a distance of 8 metres or 16 metres from a river is a reference to that distance as measured horizontally from the foot of the bank on the landward side of the river;

• (d) any reference to a distance of 8 metres or 16 metres from any flood defence structure or culvert is a reference to that distance as measured from the foot of the flood defence structure or from the outside edge of the culvert, as the case may be.

Meaning of “flood risk activity”

3

• (1) Subject to sub-paragraph (2), a “flood risk activity” means—

• (a) erecting any structure (whether temporary or permanent) in, over or under a main river;

• (b) the carrying out of any work of alteration or repair on any structure (whether temporary or permanent) in, over or under a main river if the work is likely to affect the flow of water in the main river or to affect any drainage work;

• (c) erecting or altering any structure (whether temporary or permanent) designed to contain or divert the floodwaters of any part of a main river;

• (d) any dredging, raising or taking of any sand, silt, ballast, clay, gravel or other materials from or off the bed or banks of a main river (or causing such materials to be dredged, raised or taken), including hydrodynamic dredging and desilting;

• (e) any activity which is likely to divert the direction of the flow of water into or out of a main river or alter the level of water in a main river;

• (f) any activity within 8 metres of a non-tidal main river (or within 8 metres of any flood defence structure or culvert on that river) or any activity within 16 metres of a tidal main river (or within 16 metres of any flood defence structure or culvert on that river) which is likely to—

• (i) cause damage to or endanger the stability of the banks of that river or of any culvert,

• (ii) cause damage to any river control works,

• (iii) alter, reconstruct, discontinue or remove any river control works,

• (iv) divert or obstruct flood waters or affect the drainage of that river, or

• (v) interfere with the regulator's access to or along that river;

• (g) any activity (other than an allowed activity) on a flood plain that is—

• (i) more than 8 metres from a non-tidal main river or more than 16 metres from a tidal main river, or

• (ii) more than 8 metres from any flood defence structure or culvert on a non-tidal main river or more than 16 metres from any flood defence structure or culvert on a tidal main river,

which is likely to divert or obstruct floodwaters, to damage any river control works or to affect drainage;

• (h) any activity within 16 metres of the base of a sea defence which is likely to—

• (i) endanger the stability of, cause damage to or reduce the effectiveness of that sea defence, or

• (ii) interfere with the regulator's access to or along that sea defence;

• (i) any activity within 8 metres of the base of a remote defence which is likely to—

• (i) endanger the stability of, cause damage to or reduce the effectiveness of that defence, or

• (ii) interfere with the regulator's access to or along that defence;

• (j) any quarrying or excavation within 16 metres of the base of a remote defence which is likely to cause damage to or endanger the stability of that defence;

• (k) any quarrying or excavation within 16 metres of a main river or any flood defence structure or culvert on that river which is likely to cause damage to or endanger the stability of the banks of that river.

• (2) The following paragraphs of sub-paragraph (1) are excluded from the definition of flood risk activity in respect of a statutory function to which this sub-paragraph applies—

• (a) in respect of England, paragraphs (d) to (k);

• (b) in respect of Wales, paragraphs (e) to (k).

• (3) Sub-paragraph (2) applies to a statutory function—

• (a) exercisable by a person carrying on an undertaking referred to in paragraph 1(4) of Schedule 22 to the 1991 Act, as read with sub-paragraphs (4A) and (5) of that paragraph , or

• (b) relating to the management of flood risk exercisable by a risk management authority within the meaning of section 6(13) of the Flood and Water Management Act 2010 .

• (4) In this paragraph—

• “allowed activity” means—any activity that has been granted planning permission by a local planning authority or the Secretary of State under the Town and Country Planning Act 1990 , a certificate under section 191 of that Act or an established use certificate under section 192 of that Act, as originally enacted , which continues to have effect for the purposes of subsection (4) of section 192, orthe construction of hay or straw stacks, clamps or manure (or similar) heaps, in accordance with accepted agricultural practice;

• “conservancy authority” means any person who has a duty or power under any enactment to conserve, maintain or improve the navigation of a tidal water and is not a navigation or harbour authority;

• “culvert” means a covered channel or pipe which prevents the obstruction of a main river or drainage path by an artificial construction;

• “harbour authority” has the meaning given in section 313 of the Merchant Shipping Act 1995 , other than a navigation authority;

• “remote defence” means any berm, wall or embankment that is constructed for the purposes of preventing or alleviating flooding from, or in connection with, any main river, other than any berm, wall or embankment which is a bank within the meaning of paragraph 2(2);

• “river control works” means any structure or appliance used for measuring or regulating—the level of water in a main river,the flow of water in, into or out of, a main river, orthe drawing of water from, or the delivering of water into, a main river,and includes any sluices, flood gates, lashers, valves, paddles, penstocks, locks, weirs, dams, pumps, pumping machinery and pipes;

• “sea defence” includes any bank, wall, embankment (and any berm, counterwall or cross-wall connected to any such bank, wall or embankment), barrier, tidal sluice and other defence, whether natural or artificial, against the inundation of land by sea water or tidal water, including natural or artificial high ground which forms part of or makes a contribution to the efficiency of the defences of the regulator's area against flooding, but excludes any sea defence works which are for the time being maintained by a coast protection authority under the provisions of the Coast Protection Act 1949 or by any local authority or any navigation, harbour or conservancy authority.

Excluded flood risk activities

4

An “excluded flood risk activity” means a flood risk activity that—

• (a) falls within a description in Part 2 of this Schedule, and

• (b) satisfies the conditions specified in Part 2 of this Schedule for an activity of that description.

Exercise of relevant functions

5

The regulator must exercise its relevant functions for the purposes of achieving the following objectives—

• (a) managing flood risk;

• (b) managing impacts on land drainage;

• (c) environmental protection.

Conditions for operation and maintenance of structures and works

6

Without prejudice to its powers to grant an application subject to such conditions as it sees fit, the regulator may grant an application subject to such conditions relating to—

• (a) the operation and maintenance of such structure or works as the regulator considers to be necessary—

• (i) to manage impacts on land drainage,

• (ii) to manage flood risk, or

• (iii) to secure environmental protection;

• (b) access by the regulator to any structure, works or watercourse, including access to any surrounding land where this is necessary to access the structure, works or watercourse.

Emergency works notice

7

• (1) In an emergency, the regulator may serve an emergency works notice on the operator, owner or occupier of the premises or any other person responsible for a flood risk activity (“A”).

• (2) An emergency works notice may be served whether or not the activity is an excluded or an exempt flood risk activity.

• (3) An emergency works notice may require A—

• (a) to remove any specified structure in accordance with requirements set out in the notice;

• (b) to modify any specified structure in accordance with requirements set out in the notice;

• (c) to carry on the activity in accordance with requirements set out in the notice;

• (d) to remedy the environmental effects caused by the activity in accordance with requirements set out in the notice;

• (e) not to carry on the activity without an environmental permit, unless the activity is an excluded or exempt activity.

• (4) An emergency works notice must—

• (a) specify the period within which A must comply with the notice requirements;

• (b) set out the rights of appeal that A has under regulation 31(1)(f).

• (5) In sub-paragraph (3)(d), “environmental effects” means—

• (a) flooding or risk of flooding;

• (b) harm to the environment or risk of harm to the environment;

• (c) detrimental impact on drainage or risk of detrimental impact on drainage.

Remediation notice

8

• (1) Where the regulator considers that an unauthorised flood risk activity is being or has been carried on, it may serve a remediation notice on the operator, owner or occupier of the premises or any other person responsible for the unauthorised flood risk activity (“A”).

• (2) The remediation notice must—

• (a) state the regulator's view under sub-paragraph (1);

• (b) specify the steps that must be taken by A;

• (c) specify the period within which those steps must be taken;

• (d) set out the rights of appeal that A has under regulation 31(1)(f).

• (3) Steps that may be specified in the remediation notice include steps—

• (a) to cease carrying on the activity;

• (b) to carry on the activity in a particular manner;

• (c) to remove or reduce flood risk;

• (d) to remedy detrimental impact on drainage;

• (e) to remedy harm to the environment;

• (f) to restore the main river to its previous condition or a condition otherwise specified in the notice.

• (4) Where—

• (a) the regulator has served a notice on A, but A does not comply with the remediation notice within the time specified in the notice, or

• (b) the regulator determines that it is not possible or practical to serve a remediation notice on A,

the regulator may serve a remediation notice on any other person who appears to the regulator to have the necessary authority to take the steps specified in the notice.

• (5) Where a notice is served under sub-paragraph (4), sub-paragraphs (2) and (3) apply as if the references in those sub-paragraphs to “A” are references to the person on whom a notice under sub-paragraph (4) is served.

Regulator's power to take steps to remove and remedy etc.

9

• (1) Subject to paragraph 10(4) and (5), the regulator may take steps to—

• (a) remove, alter or pull down any works carried out pursuant to an unauthorised flood risk activity;

• (b) remedy the effects caused by an unauthorised flood risk activity.

• (2) Before taking any steps under sub-paragraph (1) the regulator must serve a notice of intent on the person responsible for the unauthorised flood risk activity (“A”).

• (3) The requirement to serve a notice of intent under sub-paragraph (2) does not apply where the regulator—

• (a) is required to act in an emergency, or

• (b) cannot determine who is the person responsible for the unauthorised flood risk activity.

• (4) A notice of intent must—

• (a) specify the steps the regulator intends to take;

• (b) specify the date on which the regulator intends to take those steps;

• (c) set out the rights of appeal that A has under regulation 31(1)(f).

• (5) Where the regulator determines that it is not possible or practical to serve a notice of intent on A, the regulator may serve the notice on any other person who it appears to the regulator may be affected.

• (6) Where a notice is served under sub-paragraph (5), sub-paragraph (4)(c) applies as if the reference in that sub-paragraph to “A” is a reference to the person on whom a notice under sub-paragraph (5) is served.

• (7) The regulator may recover from A, or a person served with a notice under sub-paragraph (5), the costs of any steps taken by the regulator under sub-paragraph (1).

Protected undertakings, railways and bridges

10

• (1) For the purposes of this paragraph, “protected undertaking” means the undertakings referred to in paragraph 1(4) of Schedule 22 to the 1991 Act, as read with sub-paragraphs (4A) and (5) of that paragraph.

• (2) The regulator must not exercise its functions under these Regulations in relation to any flood risk activity in a manner that prejudices the exercise of any statutory power, authority or jurisdiction by a person carrying on a protected undertaking.

• (3) Sub-paragraph (2) does not have the effect of exempting any person carrying on a protected undertaking from the requirement to hold an environmental permit.

• (4) The regulator must obtain the consent of the person carrying on a protected undertaking where—

• (a) the regulator is proposing to take steps under paragraph 9(1) that will directly or indirectly interfere with works or property (or with the use of works or property) vested in, or under the control of, a person carrying on that undertaking, and

• (b) that interference will adversely affect those works, that property (or with the use of those works or that property) or the carrying on of that undertaking.

• (5) Sub-paragraph (4) does not apply where the regulator is required to act in an emergency but, in such a case, the regulator must notify the person carrying on the protected undertaking as soon as possible of any steps that have been taken under paragraph 9(1).

• (6) Without prejudice to the preceding provisions of this paragraph, nothing in these Regulations that relates to a flood risk activity authorises any person, except with the consent of the railway company in question, to interfere with—

• (a) any railway bridge or any other work connected with a railway, or

• (b) the structure, use or maintenance of a railway or the traffic on it.

• (7) Where consent is required under sub-paragraph (4) or (6), the consent may be subject to reasonable conditions but must not be unreasonably withheld.

• (8) There must be a referral to the arbitration of a single arbitrator, to be appointed by agreement between the parties to the dispute or, in default of agreement, by the President of the Institution of Civil Engineers , of any dispute as to whether—

• (a) anything done or proposed to be done interferes or will interfere as mentioned in sub-paragraphs (4) and (6);

• (b) any consent for the purposes of this paragraph is being unreasonably withheld;

• (c) any condition subject to which any such consent has been given is reasonable.

• (9) Nothing in this Schedule affects any enactment requiring the consent of any government department, Minister or Welsh Minister for the erection of a bridge, or any powers exercisable by any government department, Minister or Welsh Minister in relation to a bridge.

PART 2 — Excluded flood risk activities

SECTION 1 — Introductory

1

• (1) The descriptions in this Part are set out in paragraphs 2 to 13, in their respective first sub-paragraphs.

• (2) The specific conditions relating to each description in this Part are set out in paragraphs 2 to 13, in their respective second sub-paragraphs.

• (3) The general condition for the descriptions in paragraphs 3 to 13 of this Part is that the activity is not carried out in, or (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.

• (4) For the purposes of paragraphs 3 and 4, “licensable marine activity” and “marine licence” have the same meaning as in Part 4 of the Marine and Coastal Access Act 2009 .

• (5) For the purposes of this Part, “relevant directions” means the Water Framework Directive (Standards and Classification) Directions (England and Wales) 2015 .

SECTION 2 — Descriptions and conditions

Emergency activity

2

• (1) Any activity carried on in an emergency.

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

• (a) the activity is not a pre-planned emergency activity, and

• (b) the person carrying on the activity provides the regulator with notice in writing as soon as practicable of the carrying on of the activity and the circumstances in which it was carried on.

• (3) For the purposes of sub-paragraph (2)(a), a “pre-planned emergency activity” means any activity which has been planned in response to an emergency before it occurs.

• (4) The power of the regulator to serve a remediation notice under paragraph 8 of Part 1 of this Schedule applies where an activity has been carried on in reliance on this exclusion as if that activity were an unauthorised activity.

A licensable marine activity in England

3

• (1) A licensable marine activity in England.

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

• (a) an application for a marine licence has been made in respect of that activity,

• (b) the Agency has received notice that the application has been made,

• (c) in view of the terms and conditions that will be included in the marine licence, the Agency considers that an environmental permit is not necessary, and

• (d) a notice to that effect has been issued by the Agency to the applicant.

A licensable marine activity in Wales

4

• (1) A licensable marine activity in Wales.

• (2) For the purposes of this paragraph, the specific condition is that an application for a marine licence has been made in respect of that activity.

Ladders and scaffold towers

5

• (1) The erection and use of ladders, scaffold towers and other similar apparatus used for access, maintenance or repair (“equipment”).

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

• (a) the suitability of river conditions is reviewed by the operator each working day,

• (b) the equipment is erected on each working day on which it is required, and

• (c) the equipment is removed at the end of each working day and is stored outside the river and its banks.

Service crossings within an existing structure

6

• (1) The construction and use of service crossings within an existing structure.

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

• (a) the crossing is entirely within the original profile of the existing structure,

• (b) the regulator has not sent a notification 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,

• (c) equipment associated with the works is not stored on the bed or banks of the main river, and

• (d) no works are carried out from the main river or from the banks of the main river.

Flood protection devices attached to buildings

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• (1) The attachment of a flood protection device directly to a building in order to protect the interior of that building.

• (2) For the purposes of this paragraph, the specific condition is that the flood protection provided by the device extends only to the building to which the device is fitted.

Minor works on or affecting bridges and culverts

8

• (1) The carrying out of minor works on or affecting bridges and culverts for highways and public rights of way (“minor works”).

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

• (a) the minor works do not affect, or have the potential to affect, the bed, banks, water level, normal flow or flood flow in the main river,

• (b) equipment associated with the minor works is not stored on the bed or banks of the main river, and

• (c) no works are carried out from the main river or from the banks of the main river.

Fencing

9

• (1) The erection of fencing.

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

• (a) the fencing is not located on the bed or banks of the main river, and

• (b) the fencing is constructed of—

• (i) post and rail,

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

• (iii) post and wire strands.

Fish traps

10

• (1) The temporary use of fish traps.

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

• (a) the trap has dimensions of no greater than 2 metres x 1 metre x 0.75 metre,

• (b) any trap, or combination of traps, placed in the main river is less than one third of the width of the channel,

• (c) the trap is not used when the main river is in a condition of high flow, and

• (d) the trap is located more than 50 metres upstream or downstream from any dam or other obstruction.

Notice boards

11

• (1) Erection of notice boards.

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

• (a) the board is attached to existing fencing or freestanding, permanent posts,

• (b) the board is more than 2 metres from any culvert, remote defence or flood defence structure on the main river and from any sea defence, and

• (c) the board is more than 2 metres from the landward side of the bank.

Purpose-built sediment traps

12

• (1) Clearance of purpose-built sediment traps.

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

• (a) only sand and silt is cleared from the trap,

• (b) the works do not result in sand or silt being transmitted downstream, and

• (c) where the sand and silt from the clearance is spread on the floodplain, it is spread to a depth of no more than 100mm and no closer than 8 metres from the landward side of either bank.

Site investigation boreholes and trial pits

13

• (1) Site investigation boreholes and trial pits within a flood plain.

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

• (a) the works are more than 5 metres from any culvert, remote defence or flood defence structure on the main river and from any sea defence,

• (b) the works are more than 8 metres from the banks of a non-tidal main river,

• (c) the works are more than 16 metres from the banks of a tidal main river, and

• (d) the works are completed, including refilling of the borehole or pit, within 48 hours.

SCHEDULE 26 — Enforcement undertakings

Enforcement undertakings

1

• (1) The Agency may accept an enforcement undertaking from a person in a case where the Agency has reasonable grounds to suspect that the person has committed any of the following offences in relation to a regulated facility or an exempt facility that has been or is being operated in England—

• (a) regulation 38(1) (contravening regulation 12(1) or knowingly causing or knowingly permitting the contravention of regulation 12(1)(a)),

• (b) regulation 38(2) (failing to comply with, or contravening, an environmental permit condition),

• (c) regulation 38(4)(a) (failing to comply with a notice under regulation 61(1) requiring the provision of information),

• (d) regulation 38(5)(a) (failing to comply with the record-keeping requirements in paragraph 17(3) or (4) of Schedule 2), or

• (e) regulation 38(6) (acts of third parties) so far as it relates to an offence listed in paragraphs (a) to (d).

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) For the purposes of this Schedule, an “enforcement undertaking” is a written undertaking to take such action as may be specified in the undertaking within such period as may be so specified.

Contents of an enforcement undertaking

2

• (1) An enforcement undertaking must specify—

• (a) action to secure that the offence does not continue or recur,

• (b) action to secure that the position is, so far as possible, restored to what it would have been if the offence had not been committed,

• (c) action (including the payment of a sum of money) to benefit any person affected by the offence, or

• (d) where restoration of the harm arising from the offence is not possible, action that will secure equivalent benefit or improvement to the environment.

• (2) It must specify the period within which the action must be completed.

• (3) It must include—

• (a) a statement that the undertaking is given in accordance with this Schedule;

• (b) the terms of the undertaking;

• (c) how and when a person is considered to have discharged the undertaking.

• (4) The enforcement undertaking may be varied, or the period within which the action must be completed may be extended, if both parties agree in writing.

Acceptance of an enforcement undertaking

3

If the Agency has accepted an enforcement undertaking then, unless the person from whom the undertaking is accepted has failed to comply with the undertaking or any part of it, that person may not at any time be convicted of the offence in respect of the act or omission to which the undertaking relates.

General provisions on enforcement undertakings

4

• (1) The Agency must establish and publish the procedure for entering into an enforcement undertaking.

• (2) The Agency must consult such persons as it considers appropriate before doing so.

• (3) When it accepts an undertaking, the Agency may publish it in whatever manner it sees fit.

Discharge of an enforcement undertaking

5

• (1) If the Agency is satisfied that an enforcement undertaking has been complied with, it must issue a certificate to that effect.

• (2) The Agency may require the person who has given the undertaking to provide sufficient information to determine that the undertaking has been complied with.

• (3) The person who gave the undertaking may at any time apply for such a certificate.

• (4) The Agency must make a decision as to whether to issue such a certificate, and give written notice of the decision to the applicant, within 14 days of such an application.

• (5) The person to whom the notice is given may appeal against a decision not to issue a certificate on the grounds that the decision—

• (a) was based on an error of fact;

• (b) was wrong in law;

• (c) was unfair or unreasonable;

• (d) was wrong for any other reason.

Inaccurate, incomplete or misleading information

6

• (1) A person who has given inaccurate, misleading or incomplete information in relation to an enforcement undertaking is regarded as not having complied with it.

• (2) The Agency may by notice in writing revoke a certificate issued under paragraph 5 if it was issued on the basis of inaccurate, incomplete or misleading information.

Non-compliance with an enforcement undertaking

7