- Agency
has the same meaning as in the REACH Regulation (see Article 2A of the Regulation);
- agricultural use
includes use for horticulture and aquaculture;
- air quality partner
has the meaning given by section 85A(1);” “• “neighbouring authority”, in relation to a local authority (“the principal authority”), means another local authority whose area is contiguous with the area of the principal authority;” “• “relevant public authority” has the meaning given by section 81A(2);”
- ancillary obligation
means an obligation under provision falling within section 118(2)(b));
- applicable maximum for Scotland
means— (a) level 5 on the standard scale, where the offence is a summary offence;
- appropriate Minister
means— (a) the Secretary of State, in relation to waste being kept on land in England, and (b) the Welsh Ministers, in relation to waste being kept on land in Wales;
- approved fireplace
means a fireplace of a type specified in a list published by the Secretary of State. 2 The Secretary of State may only specify a type of fireplace in the list if satisfied that such a fireplace can, if used in compliance with any conditions specified in the list, be used for burning controlled solid fuel without producing any smoke or a substantial quantity of smoke. 3 In section 19B and this section, “controlled solid fuel” means any solid fuel other than an approved fuel. 4 In subsection (3), “approved fuel” means a solid fuel specified in a list which has been published by the Secretary of State for the purposes of this section.”
- approved fuel
means a solid fuel specified in a list which has been published by the Secretary of State for the purposes of this section.”
- authorisation
means any approval, confirmation, consent, licence, permission or other authorisation (however described), whether special or general;
- biodiversity credits
means credits under section 101 of the Environment Act 2021;
- biodiversity gain site register
means the register under section 100 of the Environment Act 2021;
- certificate of compliance
means a certificate which—
- charity
means a charity registered under the Charities Act 2011 or an exempt charity (within the meaning of that Act);
- civil sanction
means a sanction of a kind for which provision may be made under Part 3 of the Regulatory Enforcement and Sanctions Act 2008 (fixed monetary penalties, discretionary requirements, stop notices and enforcement undertakings).
- combined authority
has the meaning it has in Part 6 of the Local Democracy, Economic Development and Construction Act 2009 (see section 120 of that Act).”
- commercial activity
includes— (a) producing, manufacturing and processing;
- compliance scheme
means a scheme under which producer responsibility obligations of members of the scheme are discharged by the scheme operator on their behalf.
- compulsory recall notice
has the meaning given by section 75(2);
- conservation
means conservation of— (a) the natural environment or natural resources of land, (b) places of archaeological, architectural, artistic, cultural or historic interest, or (c) the setting of land with a natural environment or natural resources or which is a place of archaeological, architectural, artistic, cultural or historic interest;
- consumer
means a person who is liable to pay charges in respect of— a the supply of water to any premises, or b the provision of sewerage services to any premises, but does not include a water undertaker, a water supply licensee, a sewerage undertaker, a sewerage licensee, or the Authority.”
- controlled solid fuel
means any solid fuel other than an approved fuel. 4 In subsection (3), “approved fuel” means a solid fuel specified in a list which has been published by the Secretary of State for the purposes of this section.”
- Crown land
means land in relation which there is an estate in land of a kind listed in column 1 of the following Table, and
- current environmental improvement plan
has the meaning given by paragraph 1(8);
- data protection legislation
has the same meaning as in the Data Protection Act 2018 (see section 3(9) of that Act).”
- decision notice
means a notice given under section 36;
- Department
means the Department of Agriculture, Environment and Rural Affairs in Northern Ireland;
- deposit
has the meaning it has in paragraph 1(2)(a);
- deposit item
has the meaning it has in paragraph 1(3);
- deposit scheme
has the meaning it has in paragraph 1(2);
- development consent order application
means an application made under section 37 which falls to be determined under section 104 or 105;
- devolved environmental governance body
has the meaning it has in Part 1 of this Act (see section 47);
- devolved environmental governance function
means a Scottish devolved function or Welsh devolved function that is similar to a function conferred on the OEP under this Part or Part 1 of Schedule 3 (functions of the OEP in Northern Ireland);
- devolved function
means— (a) a function exercisable in or as regards Wales that could be conferred by provision falling within the legislative competence of Senedd Cymru (see section 108A of the Government of Wales Act 2006);
- Devolved legislative provision
means—
- devolved legislature
means the Scottish Parliament, Senedd Cymru or the Northern Ireland Assembly;
- digitally excluded person
means a person— (a) who is a practising member of a religious society or order whose beliefs are incompatible with using electronic communications or keeping electronic records, or (b) for whom it is not reasonably practicable to use electronic communications or to keep electronic records for any reason (including age, disability or location);
- directions
means directions given under— a section 94A, or b regulations under section 94C. 2 Directions are to be given by an instrument in writing. 3 Directions may be— a general directions applying to all sewerage undertakers, or b directions applying only to one or more sewerage undertakers specified in the directions. 4 Each sewerage undertaker to whom a direction applies must comply with the direction. 5 The duties of a sewerage undertaker under this section are enforceable under section 18 by— a the Secretary of State, in the case of directions given by the Secretary of State, and b the Welsh Ministers, in the case of directions given by the Welsh Ministers.”
- distributor
has the meaning given by regulations under section 74(1), but may only include a person acting in the course of business;
- document
includes anything in which information of any description is recorded (by any means) and any part of such a thing;”
- drainage rates
means drainage rates made by an internal drainage board under Chapter 2 of this Part;
- enactment
has the same meaning as in the European Union (Withdrawal) Act 2018.
- enforcement authority
means a person on whom functions are conferred by regulations under Part 2 of this Schedule.
- England
includes the territorial sea adjacent to England, which for this purpose does not include— (a) any part of the territorial sea adjacent to Wales for the general or residual purposes of the Government of Wales Act 2006 (see section 158 of that Act), or (b) any part of the territorial sea adjacent to Scotland for the general or residual purposes of the Scotland Act 1998 (see section 126 of that Act);
- English drainage board
means a drainage board for an English internal drainage district;” “• “English internal drainage district” means an internal drainage district which is wholly or mainly in England;” “• “Welsh drainage board” means a drainage board for a Welsh internal drainage district;” “• “Welsh internal drainage district” means an internal drainage district which is wholly or mainly in Wales.”
- English internal drainage district
means an internal drainage district which is wholly or mainly in England;” “• “Welsh drainage board” means a drainage board for a Welsh internal drainage district;” “• “Welsh internal drainage district” means an internal drainage district which is wholly or mainly in Wales.”
- English marine region
means— a the English offshore region, and b the English inshore region, excluding waters in England. 4 Regulations under this paragraph may make provision modifying the application of this Schedule in relation to development which is carried out at an inter-tidal location. 5 In sub-paragraph (4), “inter-tidal location” means a location that— a is in England, and b is also at any time in the English inshore region. 12 For the purposes of this Schedule— • “biodiversity credits” means credits under section 101 of the Environment Act 2021;
- English or Welsh authorised person
means a person authorised under subsection (1) or (2) by the Secretary of State, the Welsh Ministers, the Agency, the Natural Resources Body for Wales, a waste collection authority or a local enforcing authority in England or Wales;”
- English waste collection authority
means a waste collection authority whose area is in England;
- English waste disposal authority
means a waste disposal authority whose area is in England.”
- environmental improvement plan
has the meaning given by paragraph 1 (and see also paragraph 3(10));
- environmental law
means any legislative provision to the extent that it—
- environmental principles
has the meaning given by paragraph 6(5);
- environmental protection
means any of the following—
- environmental review
has the meaning given by section 38;
- European site
has the meaning given in regulation 8 of the Conservation of Habitats and Species Regulations 2017;
- excluded development
means development of a description specified in regulations made by the Secretary of State. 2 1 A biodiversity gain statement is a statement of government policy in relation to the biodiversity gain to be achieved in connection with any description of development to which this Schedule applies. 2 In particular the statement must— a set out a biodiversity gain objective for any description of development to which this Schedule applies, and b set out that, where development consent order applications are made for any development of that description during a period specified in the statement, the development must meet that objective. 3 The statement may specify how development of any description may or must meet the biodiversity gain objective. 4 In this Schedule, references to the period for which a biodiversity gain statement has effect are to the period referred to in sub-paragraph (2)(b). 3 1 A biodiversity gain objective is an objective that the biodiversity value attributable to development to which a biodiversity gain statement relates exceeds the pre-development biodiversity value of the onsite habitat by a percentage specified in the statement. 2 The pe
- existing national policy statement
means a national policy statement which is designated under section 5 before the coming into force of this Schedule. 13 For the purposes of sub-paragraph (2), an existing national policy statement is only reviewed under section 6 after the coming into force of this Schedule if the review begins after that time. 10 1 This paragraph applies where, at the time this Schedule comes into force or any subsequent time, no national policy statement sets out policy in respect of a description of development to which this Schedule applies. 2 The Secretary of State may issue a biodiversity gain statement in relation to that description of development. 3 Before issuing a biodiversity gain statement under sub-paragraph (2) the Secretary of State must consult such persons as the Secretary of State considers appropriate. 4 The Secretary of State must keep a statement issued under sub-paragraph (2) under review and may amend or revoke it at any time. 5 The Secretary of State must— a lay a statement issued under sub-paragraph (2) before Parliament, and b publish it in such manner as the Secretary of State considers appropriate. 6 References in sub-paragraphs (3)
- extractive waste
has the meaning it has in the Planning (Management of Waste from Extractive Industries) Regulations (Northern Ireland) 2015 (S.R. 2015 No. 85);
- financial year
means—
- first environmental improvement plan
has the meaning given by section 8(8);
- forest
has the meaning given by paragraph 1;
- forest risk commodity
means a commodity specified in regulations made by the Secretary of State.
- gross proceeds of the charge
means the amount received by the seller by way of charges for items specified in the regulations;
- groundwater
has the same meaning as in the Water Framework Directive;
- group
has the meaning given by section 474 of the Companies Act 2006;
- Habitat enhancement
means enhancement of the biodiversity of habitat. 3 References to the grant of planning permission include the deemed grant of planning permission. 13 1 Every planning permission granted for the development of land in England shall be deemed to have been granted subject to the condition in sub-paragraph (2). 2 The condition is that the development may not be begun unless— a a biodiversity gain plan has been submitted to the planning authority (see paragraph 14), and b the planning authority has approved the plan (see paragraph 15). 14 1 For the purposes of paragraph 13(2)(a), a biodiversity gain plan is a plan which— a relates to development for which planning permission is granted, and b specifies the matters referred to in sub-paragraph (2). 2 The matters are— a information about the steps taken or to be taken to minimise the adverse effect of the development on the biodiversity of the onsite habitat and any other habitat, b the pre-development biodiversity value of the onsite habitat, c the post-development biodiversity value of the onsite habitat, d any registered offsite biodiversity gain allocated to the development and the biodiversity value of that gai
- hazardous waste
means— a any waste identified as hazardous waste in— i the waste list as it applies in relation to England, or ii regulations made by the Secretary of State under regulation 3 of the Waste and Environmental Permitting etc.
- hazardous waste controller
means a person who carries out any activity in relation to hazardous waste;
- implementation body
has the meaning it has in section 55 of the Northern Ireland Act 1998 (see subsection (3) of that section);
- information notice
means a notice given under paragraph 9;
- inter-tidal location
means a location that— a is in England, and b is also at any time in the English inshore region. 12 For the purposes of this Schedule— • “biodiversity credits” means credits under section 101 of the Environment Act 2021;
- International environmental protection legislation
means legislation of countries and territories outside the United Kingdom, and international organisations, that is mainly concerned with environmental protection.
- irreplaceable habitat
has the meaning given in regulations under paragraph 18 of Schedule 7A to the Town and Country Planning Act 1990;
- judicial review
means— (a) in England and Wales or Northern Ireland, an application to the High Court for judicial review, or (b) in Scotland, an application to the supervisory jurisdiction of the Court of Session;
- littering enforcement function
means— (a) any function of a litter authority, or of an authorised officer of that authority, conferred by or under sections 87 to 88A or Schedule 3A, or (b) any function exercised for purposes connected with any of those sections or that Schedule.”
- local authority
means— (a) a county or district council in England;
- local planning authority
means a person who is a local planning authority for the purposes of any provision of Part 3 of the Town and Country Planning Act 1990;
- manufacturer
has the meaning given by regulations under section 74(1) which may define that term by reference (in particular) to— (a) a person’s involvement in the manufacture of a relevant product, or (b) a person’s relationship with a person involved in the manufacture of a relevant product;
- marine conservation zone
means an area designated as a marine conservation zone under section 116(1) of the Marine and Coastal Access Act 2009;
- Minister of the Crown
has the same meaning as in the Ministers of the Crown Act 1975;
- National conservation site
means—
- natural environment
means— and the natural systems, cycles and processes through which they interact.
- net proceeds of the charge
means the seller’s gross proceeds of the charge reduced by such amount as may be specified.
- new item
means an item in relation to which there are no existing regulations made by the relevant national authority under Schedule 9.
- new product
means a product in relation to which there are no existing regulations made by the relevant national authority under this Part of this Schedule.
- next estate or interest holder
means the person who has an estate or interest in the land as is referred to in section 10(1) immediately after the person referred to in subsection (1) ceased to have the estate or interest referred to in subsection (1)(c). 4 The reference in subsection (1) to a notice under section 24 includes a notice given under subsection (2).”
- Northern Ireland decision notice
means a notice given under paragraph 10 of Schedule 3 (functions of the OEP in Northern Ireland);
- Northern Ireland devolved function
means a function of a public nature exercisable in or as regards Northern Ireland that could be conferred by provision included in an Act of the Northern Ireland Assembly made without the consent of the Secretary of State (see sections 6 to 8 of the Northern Ireland Act 1998).
- Northern Ireland environmental law
means any Northern Ireland legislative provision that—
- Northern Ireland information notice
means a notice given under paragraph 9 of Schedule 3;” “• “review application” has the meaning it has in Part 1 of Schedule 3 (see paragraph 12 of that Schedule);” “• “Scottish devolved function” means a function exercisable in or as regards Scotland, the exercise of which would be within devolved competence (within the meaning of section 54 of the Scotland Act 1998);” “• “Welsh devolved function” means a function exercisable in or as regards Wales that could be conferred by provision falling within the legislative competence of Senedd Cymru (see section 108A of the Government of Wales Act 2006).”
- Northern Ireland legislative provision
means—
- Northern Ireland public authority
means—
- obligation under a conservation covenant
has the same meaning as in Part 7 of the Environment Act 2021;”
- OEP
has the meaning given by section 22;
- offsite habitat
means habitat on other land;
- onsite habitat
means habitat on the land to which the planning permission relates;
- parliamentary function
means a function in connection with proceedings in Parliament or a devolved legislature;
- Part 1 requirements
has the meaning given by paragraph 8;
- Part 2 regulations
has the meaning given by paragraph 8;
- planning authority
means the local planning authority, except that— (a) in a case where the planning permission is granted by Mayoral development order under section 61DB, “planning authority” means such of the Mayor of London or the local planning authority as may be specified in the order;
- policy
includes proposals for legislation, but does not include an administrative decision taken in relation to a particular person or case (for example, a decision on an application for planning permission, funding or a licence, or a decision about regulatory enforcement);
- policy statement on environmental principles
has the meaning given by paragraph 6.
- prescribed
means prescribed in regulations made by the Secretary of State;
- prescribed authority
means an authority exercising functions of a public nature in England which is specified for the purposes of this section by regulations made by the Secretary of State.
- prescribed term for England and Wales
means— (a) 51 weeks, where the offence is a summary offence;
- prescribed term for Scotland
means— (a) 3 months, where the offence is a summary offence;
- primary legislation
means— (a) an Act of Parliament, (b) a Measure or Act of Senedd Cymru, (c) an Act of the Scottish Parliament, or (d) Northern Ireland legislation;” “• “transit of waste for export” means the transportation or keeping of waste, that has arrived at, or has entered, the United Kingdom, for the purpose of facilitating its leaving the United Kingdom;”
- producer responsibility obligations
means steps required to be taken, in respect of products or materials, for a purpose in sub-paragraph (2).
- product
includes a product which is a component part of, or packaging for, another product;
- Protected material
means— a material subject to legal professional privilege, b excluded material within the meaning of section 11 of the Police and Criminal Evidence Act 1984, or c journalistic material, within the meaning of section 13 of that Act, which is not excluded material.”
- protected provision of the REACH Regulation
means any of the provisions of the REACH Regulation set out in the following Table— Fundamental principles Article 1 (aim and scope of the REACH Regulation) Article 5 (the principle of “no data, no market”) Article 25(1) (animal testing as a last resort) Article 35 (access to information for workers) Article 45 (evaluation of substances on the rolling action plan) Article 48 (follow-up to substance evaluation) Article 55 (the aim of Title VII, which is about authorisation of substances) Article 67(1) (effect of restrictions contained in Annex XVII) Article 92 or 93 (appeals) Article 111, first subparagraph (formats and software for submission of
- protected site
means— to the extent the site or zone is within England.
- public authority
has the meaning given by section 31(3);
- qualifying estate
means— (a) an estate in fee simple absolute in possession, or (b) a term of years absolute granted for a term of more than seven years from the date of the grant and in the case of which some part of the period for which the term of years was granted remains unexpired;
- qualifying person
has the same meaning as in section 37A;
- qualifying purpose
has the same meaning as in that section. 37C 1 A disclosure of information under section 37A or 37B does not breach— a any obligation of confidence owed by the person making the disclosure, or b any other restriction on the disclosure of information (however imposed). 2 But nothing in section 37A or 37B authorises the making of a disclosure— a if the disclosure would contravene the data protection legislation (but in determining whether a disclosure would do so, take the powers conferred by those sections into account), or b which is prohibited by any of Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act 2016. 3 Until the repeal of Part 1 of the Regulati
- refund
has the meaning it has in paragraph 1(2)(b);
- registered carrier
means a person registered under Article 39 as a carrier of controlled waste.”
- registered offsite biodiversity gain
has the meaning given by paragraph 10 of Schedule 7A to the Town and Country Planning Act 1990.”
- registered waste carrier
means a person registered under the Control of Pollution (Amendment) Act 1989 as a carrier of controlled waste;”
- registration
means registration under regulation 18;
- relevant authority
means—
- relevant chimney
means— (a) a chimney of a building to which a smoke control order in England applies, or (b) a chimney which serves the furnace of any fixed boiler or industrial plant to which a smoke control order in England applies;
- relevant county council
means a county council for an area in England for which there are district councils.”
- relevant date
means the date during the reporting period that the amount of the commodity used in the person’s UK commercial activities exceeds the prescribed threshold;
- relevant department
has the meaning given by paragraph 7(11);
- relevant devolved authority
means— (a) the Scottish Ministers, (b) the Welsh Ministers, or (c) the Department of Agriculture, Environment and Rural Affairs or the Department for the Economy in Northern Ireland.
- relevant enforcement authority
means the enforcement authority on which the function of receiving notices under this paragraph has been conferred by Part 2 regulations.
- relevant environmental law
has the meaning given by paragraph 5(2);
- relevant environmental objective
means an environmental objective within the meaning of whichever of the following is applicable— a the Water Environment (Water Framework Directive) (England and Wales) Regulations 2017 (S.I. 2017/407);
- relevant environmental standard
has the meaning given by section 74(4);
- relevant matter
means any matter in respect of which there is a target under sections 1 to 3.
- relevant Minister
has the meaning given by section 33;
- relevant national authority
means—
- relevant non-domestic premises
means— a a residential home;
- relevant ombudsman
has the meaning it has in Part 1 of this Act (see section 23);
- relevant product
has the meaning given by section 74(2);
- relevant public authority
means a person designated in accordance with subsection (3) as a relevant public authority in relation to an area in England. 3 The Secretary of State may by regulations designate a person as a relevant public authority in relation to an area in England if the person’s functions include functions of a public nature in relation to that area. 4 Before making regulations under subsection (3) the Secretary of State must consult— a the person that is proposed to be designated, and b such other persons as the Secretary of State considers appropriate. 5 The requirement in subsection (4) may be met by consultation carried out before this section comes into force. 6 For th
- relevant requirement
means any requirement imposed by or under a deposit scheme or regulations under sub-paragraph (1);
- relevant waste
means controlled waste or extractive waste;
- relevant waste controller
means any person who— (a) is subject to the duty in Article 5(1) (duty of care as respects controlled waste), (b) imports, produces, carries, keeps, treats, manages or disposes of extractive waste or, as a dealer or broker, has control of such waste, or (c) exports relevant waste;
- remedy
includes any relief or order.
- reporting period
means—
- reserved matters
has the same meaning as in the Scotland Act 1998.
- Revenue and Customs information
means information held as mentioned in section 18(1) of the Commissioners for Revenue and Customs Act 2005;
- revenue and customs information relating to a person
has the same meaning as in section 19(2) of the Commissioners for Revenue and Customs Act 2005. 6 In this section “data protection legislation” has the same meaning as in the Data Protection Act 2018 (see section 3(9) of that Act).”
- review application
has the meaning it has in Part 1 of Schedule 3 (see paragraph 12 of that Schedule);
- Review period
means—
- river basin district
means an area identified as such by or under any legislation to which the section in question applies;
- scheme collector
means a person specified as such (see paragraph 1(5));
- Scottish deposit administrator
means a person exercising the functions of a scheme administrator in relation to a Scottish deposit and return scheme;
- Scottish deposit and return scheme
means a deposit and return scheme under section 84 of the Climate Change (Scotland) Act 2009 (asp 12).
- Scottish devolved function
means a function exercisable in or as regards Scotland, the exercise of which would be within devolved competence (within the meaning of section 54 of the Scotland Act 1998);” “• “Welsh devolved function” means a function exercisable in or as regards Wales that could be conferred by provision falling within the legislative competence of Senedd Cymru (see section 108A of the Government of Wales Act 2006).”
- sea fisheries resources
has the meaning given in section 153(10) of the Marine and Coastal Access Act 2009;
- SEPA
means the Scottish Environment Protection Agency.
- site of special scientific interest
means an area notified under section 28(1) of the Wildlife and Countryside Act 1981.
- Sitting day
means a day on which the Northern Ireland Assembly sits.
- smoke control order in England
means a smoke control order made by a local authority in England.”
- Solway Tweed Regulations
means the Water Environment (Water Framework Directive) (Solway Tweed River Basin District) Regulations 2004 (S.I. 2004/99).
- source organism
means the plant, animal or other living organism from which the forest risk commodity was produced.
- special levy
means a special levy issued by an internal drainage board under regulations under section 75 of the Local Government Finance Act 1988. 37B 1 Information disclosed under section 37A or this section may not be further disclosed unless that further disclosure is— a to a qualifying person for a qualifying purpose, b in pursuance of a court order, c with the consent of each person to whom the information relates, d required under any other enactment, or e permitted under any other enactment. 2 Information may not be disclosed— a under subsection (1)(a) to a qualifying person within section 37A(3)(d), (e), (f) or (g), b under subsection (1)(a) to a person who is a qualifying person by virtue of regulations under section 37A(3)(h), where those regulations specify that this subsection is to apply in relation to the person, or c under subsection (1)(e), except with the consent of the Commissioners for Her Majesty’s Revenue and Customs (which may be general or specific). 3 Information disclosed to a qualifying person under this section may be retained and used for any qualifying purpose. 4 A person commits an offence if the person contravenes subsection (1) or (2) by disclosin
- specified
means specified, or described, in a compulsory recall notice or a supplementary notice.
- statutory control
means control imposed by provision contained in, or having effect under, an Act.
- statutory review
has the meaning given by section 39(8). • “Welsh devolved function” means a function exercisable in or as regards Wales that could be conferred by provision falling within the legislative competence of Senedd Cymru (see section 108A of the Government of Wales Act 2006).
- successor
(in relation to the landowner under the covenant) means a person who holds, in respect of any of the land to which the obligation relates—
- successor of a person bound by the modification
means a person who holds, in respect of any of the land to which the modification relates—
- supplementary notice
has the meaning given by section 75(6).
- surface water
has the same meaning as in the Water Framework Directive;
- the appropriate authority
means the appropriate authority with respect to the estate in land of the original landowner which is the qualifying estate in relation to the obligation, and • “the original landowner” means the person who held the qualifying estate when the agreement was entered into.
- the appropriate national authority
means— a in the case of any English internal drainage district, the Secretary of State;
- the court
means the High Court or the county court.
- the Crown
means Her Majesty in right of the Crown or of the Duchy of Lancaster, or the Duchy of Cornwall, as the case may be.
- the data protection legislation
has the same meaning as in the Data Protection Act 2018 (see section 3(9) of that Act).”
- the Department
means the Department of Agriculture, Environment and Rural Affairs in Northern Ireland;
- the Directives
has the same meaning as in the Habitats Regulations (see regulation 3(1));
- the Minister
means— a the Secretary of State, in relation to sewerage undertakers whose areas are wholly or mainly in England, and b the Welsh Ministers, in relation to sewerage undertakers whose areas are wholly or mainly in Wales. 94B 1 The Minister may by order made by statutory instrument amend the period for the time being specified in section 94A(6)(c). 2 In subsection (1) “the Minister” means— a the Secretary of State, in relation to sewerage undertakers whose areas are wholly or mainly in England, and b the Welsh Ministers, in relation to sewerage undertakers whose areas are wholly or mainly in Wales. 3 A statutory instrument containing an order under subsection (1) is subject to annulment in pursuance of a resolution of— a either House of Parliament, in the case of an order made by the Secretary of State;
- the Northern Ireland Department
means the Department of Agriculture, Environment and Rural Affairs in Northern Ireland.
- the original landowner
means the person who held the qualifying estate when the agreement was entered into.
- the PM2.5 air quality target
means the target set under subsection (1).
- the principles applicable on an application for judicial review
means, in relation to an environmental review, the principles that would apply on an application for judicial review in the jurisdiction under which the environmental review arises;
- the relevant national authority
means—
- the species abundance target
means the target set under subsection (1).
- the waste list
means the list of waste contained in the Annex to Commission Decision of 3 May 2000 replacing Decision 94/3/EC establishing a list of wastes pursuant to Article 1(a) of Council Directive 75/442/EEC on waste and Council Decision 94/904/EC establishing a list of hazardous waste pursuant to Article 1(4) of Council Directive 91/689/EEC on hazardous waste (2000/532/EC).”
- transit of waste for export
means the transportation or keeping of waste, that has arrived at, or has entered, the United Kingdom, for the purpose of facilitating its leaving the United Kingdom;”
- undertaking
has the meaning given by section 1161 of that Act, and whether an undertaking is a subsidiary of another undertaking is to be determined in accordance with section 1162 of that Act.
- urban road
means a highway, other than a trunk road or classified road, which— a is a restricted road for the purposes of section 81 of the Road Traffic Regulation Act 1984 (30 miles per hour speed limit), b is subject to an order made by virtue of section 84(1)(a) of that Act imposing a speed limit not exceeding 40 miles per hour, or c is otherwise a street in an urban area.”
- waste processing product
means any product of the processing of relevant waste, including material which is not relevant waste or which is not derived from relevant waste. 5H 1 Regulations under Article 5G may make provision about the enforcement of requirements imposed by or under the regulations. 2 The regulations may include provision— a creating criminal offences punishable with a fine in respect of failures to comply with the regulations;
- water environment
means— a any inland waters (including, in relation to a lake, pond, river or watercourse that is for the time being dry, its bottom, channel or bed), b any water contained in underground strata, c any underground strata themselves, or any flora or fauna dependent on any of them. 5 In this section “relevant environmental objective” means an environmental objective within the meaning of whichever of the following is applicable— a the Water Environment (Water Framework Directive) (England and Wales) Regulations 2017 (S.I. 2017/407);
- Water Framework Directive
means Directive 2000/60/EC of the European Parliament and of the Council establishing a framework for Community action in the field of water policy.
- Welsh devolved function
means a function exercisable in or as regards Wales that could be conferred by provision falling within the legislative competence of Senedd Cymru (see section 108A of the Government of Wales Act 2006).
- Welsh drainage board
means a drainage board for a Welsh internal drainage district;” “• “Welsh internal drainage district” means an internal drainage district which is wholly or mainly in Wales.”
- Welsh internal drainage district
means an internal drainage district which is wholly or mainly in Wales.”