Part 2, Chapter 2 · The Environmental Permitting (England and Wales) Regulations 2016

Contents

Chapter 2 · Grant of an environmental permit

13Grant of an environmental permit#

(1)On the application of an operator, the regulator may grant the operator a permit (an “environmental permit”) authorising—

(a)the operation of a regulated facility, and

(b)that operator as the person authorised to operate that regulated facility.

(2)Regulation 17 applies in relation to the grant of a single permit authorising the operation of more than one regulated facility by the same operator.

(3)Part 1 of Schedule 5 applies in relation to an application for the grant of an environmental permit.

14Content and form of an environmental permit#

(1)An environmental permit must specify—

(a)the regulated facility whose operation it authorises, and

(b)the operator of that regulated facility.

(2)An environmental permit that authorises the operation of a regulated facility (“regulated facility A”) need not specify any regulated facility of another class that is carried on as part of the operation of regulated facility A.

(3)An environmental permit may be in electronic form.

(4)An environmental permit must include a map, plan or other description of the site showing the geographical extent of the site of the regulated facility.

(5)But if there is more than one regulated facility on the site, the map, plan or other description need show only the combined extent of all the facilities.

(6)Paragraphs (4) and (5) do not apply to an environmental permit authorising—

(a)the operation of mobile plant, or

(aa)the keeping of radioactive material or the accumulation or removal of radioactive waste under paragraph 11(2) of Part 2 of Schedule 23, where—

(i)the activity is described in standard rules published under regulation 26(5); and

(ii)the permit authorises the carrying on of that activity at more than one site; or

(b)the carrying on of a radioactive substances activity described in paragraph 11(5) of Part 2 of Schedule 23.

15Conditions in relation to certain land#

(1)Conditions in an environmental permit may require the operator to carry out works or do other things in relation to land which the operator is not entitled to do or carry out without obtaining the consent of another person.

(2)If an environmental permit contains such a condition, the person whose consent is required must grant the operator such rights as are necessary to enable the operator to comply with the condition.

(3)Part 2 of Schedule 5 (compensation) applies where such rights are granted.

(4)Conditions in an environmental permit authorising the carrying on of a flood risk activity have effect as a local land charge where those conditions—

(a)in accordance with the power in paragraph 6 of Part 1 of Schedule 25, relate to—

(i)the operation or maintenance of any structure or works, or

(ii)access to any structure, works or watercourse by the regulator, and

(b)are expressed to apply from time to time.

(5)Where the Agency proposes to grant an application in relation to a flood risk activity in England subject to a condition which has effect in accordance with paragraph (4), the regulator must give notice of the proposed condition and the period within which representations on the proposed condition are to be made (which period must not expire less than 20 days after the day on which the notice is served) to—

(a)the landowner, lessee and occupier, where none is the applicant;

(b)the landowner and lessee, where the occupier is the applicant;

(c)the landowner and occupier, where the lessee is the applicant;

(d)the lessee and occupier, where the landowner is the applicant.

(6)Where the NRBW proposes to grant an application in relation to a flood risk activity in Wales subject to a condition which has effect in accordance with paragraph (4), the regulator must not issue the relevant permit unless the applicant has demonstrated to the satisfaction of the regulator that consent for that permit to be issued subject to such a condition has been given by—

(a)the landowner, lessee and occupier, where none is the applicant;

(b)the landowner and lessee, where the occupier is the applicant;

(c)the landowner and occupier, where the lessee is the applicant;

(d)the lessee and occupier, where the landowner is the applicant.

(7)In paragraphs (5) and (6), “landowner” means the person, other than a mortgagee not in possession, who—

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

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

16Mobile plant operating on the site of another regulated facility: conflict of permit conditions#

If—

(a)an environmental permit (“permit A”) authorises the operation of mobile plant on the site of another regulated facility the operation of which is authorised under a separate environmental permit (“permit B”), and

(b)there is an inconsistency between the requirements imposed by permit A and those imposed by permit B,

the requirements imposed by permit B prevail.

17Single site permits etc.#

(1)Except as otherwise provided by this regulation, a regulator may not authorise the operation of more than one regulated facility under a single environmental permit.

(2)The regulator may authorise, under a single environmental permit, the operation by the same operator—

(a)of more than one mobile plant,

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

(c)of more than one regulated facility on the same site,

(d)of more than one standard facility on more than one site,

(e)of more than one flood risk activity on more than one site, or

(f)of more than one radioactive substances activity described in paragraph 11(6) of Part 2 of Schedule 23 on more than one site, where all such activities are in respect of the use or potential use of the same premises for underground disposal (within the meaning of paragraph 11(7) of that Schedule).

(g)of more than one medium combustion plant on more than one site,

(h)of more than one specified generator on more than one site,

(i)of more than one Part B installation that contains at least one medium combustion plant on more than one site

(3)But if a groundwater activity is carried on as part of a radioactive substances activity by the same operator on the same site, the regulator must authorise the carrying on of the groundwater activity under the same environmental permit that authorises the carrying on of the radioactive substances activity.

18Consolidation of an environmental permit#

(1)Paragraph (2) applies if the same operator is authorised by more than one environmental permit to operate—

(a)more than one mobile plant,

(b)more than one flood risk activity on the same site or on more than one site,

(c)more than one standard facility, or

(d)more than one regulated facility on the same site.

(2)The regulator may replace the environmental permits (“old permits”) with a consolidated environmental permit—

(a)applying to the same regulated facilities, and

(b)subject to the same conditions that applied to the old permits, but varied as the regulator thinks fit.

(3)The regulator may replace a consolidated environmental permit (“old permit”) with two or more environmental permits ( “ new permits ”).

(4)Each of the new permits is subject to whichever conditions of the old permit are relevant, varied as the regulator thinks fit.

(5)The regulator may replace a single environmental permit (“old permit”) which has been varied with a consolidated environmental permit subject to the same conditions that applied to the old permit.

(6)A variation made by a regulator under this regulation—

(a)is taken to be a regulator-initiated variation under regulation 20(1), and

(b)may only be made in accordance with regulation 20.

(7)Paragraphs 17 to 19 of Part 1 of Schedule 5 apply in relation to the decision to make a regulator-initiated variation and the notification of such a decision.

19Subsistence of an environmental permit#

Once granted, an environmental permit continues in force until—

(a)it is revoked in whole in accordance with regulation 22,

(b)it is surrendered in whole in accordance with—

(i)regulation 24, or

(ii)regulation 25 and Part 1 of Schedule 5,

(c)it is replaced with a consolidated permit in accordance with any of the following—

(i)regulation 18(2);

(ii)regulation 22(5);

(iii)paragraph 19(2) of Part 1 of Schedule 5, or

(d)it ceases to have effect in accordance with regulation 71(3) or (4).

Contains public sector information licensed under the Open Government Licence v3.0.

Defined terms · 200

Show every defined term

a relevant offence
means an offence specified in regulation 38.
a tritium foil source
means an article which— (a) has a mechanically tough surface into which tritium is incorporated, and (b) is radioactive material or radioactive waste solely because of that tritium;
active implantable medical device
means an active implantable medical device within the meaning of regulation 2(1), or the meaning determined in accordance with Schedule 9 to, of the Medical Devices Regulations 2002 which is EEE.”
activity
means, subject to this Part, an activity listed in Part 2 of this Schedule;
aerobic composting
means the autothermic and thermophilic biological decomposition and stabilisation of biodegradable waste under controlled conditions that are aerobic;
agricultural land
has the meaning given in section 109(1) of the Agriculture Act 1947 and, for the purposes of the descriptions in paragraphs U10 and U11, includes land used for the production of timber or other non-food crops;
agricultural waste
means waste from premises used for agriculture within the meaning of the Agriculture Act 1947;
aircraft
includes gliders and missiles;
allowed activity
means— (a) 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, or (b) the construction of hay or straw stacks, clamps or manure (or similar) heaps, in accordance with accepted agricultural practice;
anaerobic digestion
means the mesophilic and thermophilic biological decomposition and stabilisation of biodegradable waste which— (a) is carried on under controlled anaerobic conditions, and (b) results in stable sanitised material that can be applied to land for the benefit of agriculture or to improve the soil structure or nutrients in land;
ancient woodland
means any area that has been wooded continuously since at least 1600 AD, including ancient semi-natural woodland and plantations on ancient woodland sites;
animal
includes a bird or a fish;
Annex I
means Annex I of the MCPD;
Annex II
means Annex II of the MCPD;
appeal
means an appeal to the appropriate authority;
applicable fee
means the fee prescribed under a charging scheme made under section 41 of the 1995 Act.
applicant
means— (a) in the case of an application for the transfer of an environmental permit in whole or in part— (i) the operator and the proposed transferee, or (ii) the proposed transferee;
application
means an application—
appointed person
means the person appointed under paragraph 5;
appropriate agency
means— (a) in relation to England, the Agency, and (b) in relation to Wales, the NRBW, and references to the “area” of an appropriate agency are to be construed accordingly;
appropriate agency functions
means functions which are exercisable by the appropriate agency by virtue of regulation 32 or paragraph 2 of Schedule 2;
appropriate authority
means— (a) in relation to England, the Secretary of State, and (b) in relation to Wales, the Welsh Ministers;
aqueous non-Table 6 waste
means aqueous radioactive waste which is not described in an entry in column 1 of Table 6.
article
includes a part of an article;
asbestos
means any of the following fibrous silicates: actinolite, amosite, anthophyllite, chrysotile, crocidolite and tremolite.
associated prior treatment
means cleaning tyres and separating rims from them prior to treatment.
associated storage
means storage of waste that— (a) is associated with the use, treatment or disposal of waste, and (b) takes place at the place where the use, treatment or disposal is carried on;
available techniques
means those techniques developed on a scale which allows implementation in the relevant industrial sector, under economically and technically viable conditions, taking into consideration the costs and advantages, and which are reasonably accessible to the operator;
Ba-137m eluting source
means a source which consists of Cs-137 in a sealed container which is designed and constructed to allow the elution of Ba-137m, and which is radioactive material or radioactive waste solely because of that Cs-137;
back-up generator
means a generator operated for the sole purpose of maintaining power supply at a site during an on-site emergency;
background quantity
means, in relation to the release of a substance resulting from an activity, such quantity of that substance as is present in—
balanced system
means a system used for both heating and cooling and where in a 5-year period the ratio of the discharge water temperature to the abstracted water temperature is within the range 0.8 to 1.2;
balancing services
means any services procured by the transmission system operator in order to balance demand and supply, and to ensure the security and quality of electricity supply, across the national transmission system for Great Britain;
bank
has the meaning given in paragraph 2(2)(a) in Part 1 of Schedule 25 and paragraph 2(2)(b) to (d) of that Schedule applies to this Part.
best
means most effective in achieving a high general level of protection of the environment as a whole;
best available techniques
means the most effective and advanced stage in the development of activities and their methods of operation which indicates the practical suitability of particular techniques for providing in principle the basis for emission limit values relevant to air pollution designed to prevent and, where that is not practicable, generally to reduce emissions and the impact on the environment as a whole, where— (a) “techniques” includes both the technology used and the way in which the installation is designed, built, maintained, operated and decommissioned;
best available treatment, recovery and recycling techniques
has the meaning given in paragraph 11(4) of this Section;
body of groundwater
has the same meaning as in the Water Framework Directive;
Bq
means becquerels;
by means of distance communication
has the meaning given by regulation 3(1) of the Consumer Protection (Distance Selling) Regulations 2000.
capacity agreement
has the meaning given in regulation 30 of the Electricity Capacity Regulations 2014;
capacity auction
means an auction under Part 4 of the Electricity Capacity Regulations 2014;
carbonaceous material
includes such materials as charcoal, coke, peat, rubber and wood, but does not include wood which has not been chemically treated or sewage.
cartons
means fibre-based composite packaging, being packaging material which is made of paperboard or paper fibres, laminated with low density polythene or polypropylene plastic, and which may also have layers of other materials, to form a single unit that cannot be separated by hand;
Category A mining waste facility
means a mining waste facility that is classified as Category A under Article 9 of the Mining Waste Directive;
change in operation
means a change in the nature or functioning, or an extension, of an installation, which may have consequences for the environment;
Class A gaseous tritium light device
means a gaseous tritium light device where the activity of the device does not exceed 2 x 1010 Bq of tritium;
Class B gaseous tritium light device
means a gaseous tritium light device which is installed or intended to be installed on premises and where the activity— (a) in each sealed container in the device does not exceed 8 x 1010 Bq of tritium, and (b) of the device does not exceed 1 x 1012 Bq of tritium;
Class C gaseous tritium light device
means a gaseous tritium light device installed or intended to be installed— (a) in a vessel or aircraft, or (b) in a vehicle or other equipment used or intended to be used by the armed forces of the Crown;
clay
includes a blend of clay with ash, sand or other materials;
climatic process
includes wind, precipitation and the general circulation of the atmosphere and oceans.
coal
includes lignite;
coastal waters
has the meaning given in section 104 of the 1991 Act;
coating material
has the same meaning as in Section 6.4.
cogeneration
means the simultaneous generation in one process of thermal energy and electrical or mechanical energy;
collection
has the same meaning as in Article 3(10) of the Waste Framework Directive;
collection point
means a place which is used for the collection of waste by an establishment or undertaking where the establishment or undertaking does not— (a) receive payment for collecting the waste, or (b) collect waste as its main business activity;
combustion plant
means any technical apparatus in which fuels are oxidised in order to use the heat generated;
community building
includes a building used as a place of worship;
confidential information
means information that is commercially or industrially confidential in relation to any person;
connection distance
means— (a) 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, or (b) in 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;
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;
construction
means the carrying on of building or engineering work which includes the repair, alteration, maintenance or improvement of an existing work and preparatory or landscaping works;
controlled drug
means a controlled drug specified in Schedules 1 to 5 to the Misuse of Drugs Regulations 2001.
controlled waters
has the meaning given in section 104 of the 1991 Act;
cooled aquifer system
means a system used for both heating and cooling and where in a 5-year period the ratio of the discharge water temperature to the abstracted water temperature is less than 0.8;
cost-benefit analysis
means a cost-benefit analysis in accordance with Part 2 to Annex IX to the Energy Efficiency Directive;
criminal proceedings
includes prospective criminal proceedings.
Crown premises
means premises held or used by or on behalf of the Crown;
culvert
has the meaning given in paragraph 3(3) of Part 1 of Schedule 25;
dark smoke
has the meaning given in section 3(1) of the Clean Air Act 1993.
date of registration
means the date on which the relevant particulars first appear on the register;
depolluted
means that the vehicle has been subjected to all of the operations described in paragraph 3 of Annex 1 to the End-of-Life Vehicles Directive;
designated mineral or mineral product
means— (a) clay, sand or any other naturally occurring mineral other than coal;
designated salmonid river
means— (a) in England, a river included in the dataset sealed by the Agency on 22nd October 2015, entitled “Rivers in England identified as salmonid for flood risk activities under the Environmental Permitting Regulations”, and published by the Agency;
designated sensitive water body
means a water body included in the dataset sealed by the Agency on 20th October 2015 entitled “Water bodies in England identified as sensitive for flood risk activities under the Environmental Permitting Regulations because sediment management may compromise delivery of the environmental objectives of the Water Framework Directive” and published by the Agency;
designated site
means—
determination
includes the reasons for the determination.
determination date
means—
directly associated activity
means an operation which—
discharging sewer
means the sewer or works from which sewage effluent is discharged;
discharging undertaker
means the sewerage undertaker in which a discharging sewer is vested;
disposal
has the same meaning as in the Waste Framework Directive and related terms are to be construed accordingly;
disposal permit
means— (a) an environmental permit to carry on the radioactive substances activity described in paragraph 11(2)(b) of Part 2 of this Schedule, or (b) an authorisation under the 1993 Act to dispose of radioactive waste held in respect of premises situated in Northern Ireland or Scotland;
distribution system
has the meaning given in section 4(4) of the Electricity Act 1989;
drain pen
means an impermeable area draining back to the sheep dip bath where newly-dipped sheep are held while they continue to drip.
drainage
has the meaning given in paragraph 2(1) of Part 1 of Schedule 25;
drink
means— (a) water suitable for human consumption, (b) a beverage suitable for human consumption, (c) a sports drink suitable for human consumption, or (d) a liquid which constitutes a beverage or sports drink suitable for human consumption if it is— (a) diluted, (b) combined with crushed ice, or processed so as to create crushed ice, (c) combined with carbon dioxide, or (d) prepared by way of a process that involves any combination of the processes mentioned in paragraphs (i) to (iii) and includes, for example, fruit squash or fruit cordial;
drink container
means a bottle or can in which a drink is supplied and which— (a) is made wholly or mainly from polyethelene terephthalate (PET) plastic, steel or aluminium, (b) has a capacity of at least 50 millilitres but no more than three litres of liquid, (c) when it is filled for supply, is securely closed, and (d) is designed to be used only once, or for a short period of time, before being discarded, together with any label applied to it and its lid or other closures;
dry cleaning
means an industrial or commercial activity using volatile organic compounds to clean garments, furnishing and similar consumer goods excluding the manual removal of stains and spots in the textile or clothing industry;
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;
effluent
has the same meaning as in the 1991 Act;
electrical and electronic equipment
means equipment which is dependent on electric currents or electromagnetic fields in order to work properly and equipment for the generation, transfer and measurement of such currents and fields and designed for use with a voltage rating not exceeding 1,000 volts for alternating current and 1,500 volts for direct current;
electrodeposited source
means an article where radionuclides are electrodeposited onto a metal substrate and which is radioactive material or radioactive waste solely because it contains Ni-63 or Fe-55;
emergency
means an occurrence which presents a risk of— (a) serious flooding;
emerging technique
has the meaning given in Article 3(14) of the Industrial Emissions Directive.
emission
means— (a) in relation to a Part A installation, the direct or indirect release of substances, vibrations, heat or noise from individual or diffuse sources in the installation into the air, water or land;
emission limit value
means the maximum permissible quantity of a substance contained in the waste gases from a generator which may be discharged into the air during a given period;
emission plan
has the meaning given in the Large Combustion Plants (National Emission Reduction Plan) Regulations 2007 as those Regulations were in force on 31st March 2016;
end-of-life vehicle
means a motor vehicle which is waste within the meaning of Article 3(1) of the Waste Framework Directive, as read with Articles 5 and 6 of that Directive.
enforcement notice
means a notice served under regulation 36;
enforcement undertaking
has the meaning given in paragraph 1(3) of Schedule 26;
environmental effects
means—
environmental objectives
means— (a) in relation to the Northumbria River Basin District, means the environmental objectives referred to in the WFD Regulations as applied by regulation 5 of the Water Environment (Water Framework Directive) (Northumbria River Basin District) Regulations 2003;
environmental permit
has the meaning given in regulation 13(1);
environmental permit condition
means a condition of an environmental permit;
establishment
has the same meaning as in the Waste Framework Directive;
excluded activity
means any relevant activity (other than sawing) which, ignoring any sawing carried on at the works, would be unlikely to result in the release into the air of any substance in paragraph 6(3) of Part 1 of this Schedule in a quantity capable of causing significant harm;
excluded flood risk activity
has the meaning given in paragraph 4 of Part 1 of Schedule 25;
excluded generator
means— (a) generators subject to the provisions of Chapter II or Chapter III of the Industrial Emissions Directive, (b) generators operating with a defined nuclear safety role under a nuclear site licence issued by the Office for Nuclear Regulation, (c) back-up generators operated for the purpose of testing for no more than 50 hours per year, (d) generators installed on an offshore platform situated on, above or below those parts of the sea adjacent to England and Wales from the low water mark to the seaward baseline of the United Kingdom territorial sea, (e) generators installed on a gas storage or unloading platform as defined in regulation 2 of the Offshore Combustion Installations (Pollution Prevention and Control) Regulations 2013;
excluded waste operation
means any part of a waste operation not carried on at an installation or by means of Part B mobile plant— (a) that— (i) requires a marine licence under the Marine and Coastal Access Act 2009, or (ii) does not require such a licence by virtue of any provision made by or under section 74, 75 or 77 of that Act and does not involve the dismantling of a ship that is waste, or (b) that relates to waste described in regulation 3(2) of the Controlled Waste (England and Wales) Regulations 2012;
exempt facility
has the meaning given in regulation 5;
exempt flood risk activity
has the meaning given in regulation 5;
exempt groundwater activity
has the meaning given in regulation 5;
exempt location
means— (a) any premises used for the sale of petroleum coke, coal, coke or any coal product where the throughput of such substances at those premises in any 12-month period is in aggregate likely to be less than 10,000 tonnes, or (b) any premises to which petroleum coke, coal, coke or any coal product is supplied only for use there;
exempt radioactive substances
means radioactive substances in respect of which an exemption in Section 2 or 3 of this Part applies.
exempt waste operation
has the meaning given in regulation 5;
exempt water discharge activity
has the meaning given in regulation 5;
exemption authority
has the meaning given in paragraph 2 of Schedule 2;
exemption registration authority
has the meaning given in paragraph 2 of Schedule 2;
existing
means in force at the relevant time;
existing application
means an application made before the day on which the Environmental Permitting (Electricity Generating Stations) (Amendment) Regulations 2025 come into force—
existing medium combustion plant
means a medium combustion plant— (a) put into operation before 20th December 2018, or (b) for which an environmental permit was granted before 19th December 2017, provided that the plant is put into operation no later than 20th December 2018;
existing mining waste facility
means a mining waste facility in operation on 1st May 2008;
existing service station
means a service station— (a) which was put into operation, or (b) for which planning permission under the Town and Country Planning Act 1990 was granted, before 1st January 2010;
external emergency plan
means a plan as required under the third paragraph of Article 6(3) of the Mining Waste Directive that has the objectives specified in the first paragraph of Article 6(4) of that Directive.
extractive waste
means waste within the meaning of Article 2(1) of the Mining Waste Directive, except where it is excluded from the scope of that Directive by Article 2(2)(a) and (b);
Feed-in Tariff preliminary accreditation application
means an application for preliminary accreditation made under Part 3 of the Feed-in Tariffs Order 2012;
ferrous alloy
means an alloy of which iron is the largest constituent, or equal to the largest constituent, by weight, whether or not that alloy also has a non-ferrous metal content greater than any percentage specified in Section 2.2.
fibre-based composite material
means packaging material which is made of paperboard or paper fibres, laminated with plastic, and which may also have layers of other materials, to form a single unit that cannot be separated by hand;
final confidentiality decision
means— (a) a determination under regulation 50, or (b) the determination or withdrawal of an appeal in relation to a determination under regulation 50;
finished goods
means goods that are ready for use by an end consumer without any further processing.
fire and rescue authority
means the fire and rescue authority under the Fire and Rescue Services Act 2004 for the area in which the mining waste facility is located;
first registration
means— (a) the first appearance on the register of relevant particulars for an establishment or undertaking in relation to a waste operation other than a WEEE operation, or (b) in the case of a renewal, the first such appearance following the end of validity of the registration, other than the end of validity of the registration of a WEEE operation;
flood defence structure
has the meaning given in paragraph 2(1) of Part 1 of Schedule 25;
flood risk activity
has the meaning given in paragraph 3 of Part 1 of Schedule 25;
flood risk activity emergency works notice
means a notice served under paragraph 7 of Part 1 of Schedule 25;
flood risk activity notice of intent
means a notice served under paragraph 9(2) of Part 1 of Schedule 25;
flood risk activity remediation notice
means a notice served under paragraph 8 of Part 1 of Schedule 25;
food
includes— (a) drink, (b) articles and substances of no nutritional value which are used for human consumption, and (c) articles and substances used as ingredients in the preparation of food.
functions
includes relevant functions.
gaseous tritium light device
means a sealed source in a device which is an illuminant, instrument, sign or indicator which— (a) incorporates tritium in one or more sealed containers constructed to prevent dispersion of that tritium in normal use, and (b) is radioactive material solely because it contains that tritium;
general binding rule
means a standard rule published under regulation 26;
generator
means any combustion plant which is used for the purpose of generating electricity, but does not include any generator that is mobile unless it is connected to— (a) an electricity transmission system or distribution system, or (b) other apparatus, equipment or appliances at a site, and is performing a function that could be performed by a generator that is not mobile;
grantor
means a person who grants the operator rights pursuant to regulation 15(2);
green crops
means alfalfa (Lucerne), clover, grass, perennial ryegrass, tall fescue and other similar crops;
green offal
means the stomach and intestines of any animal, other than poultry or fish, and their contents.
groundwater
means all water which is below the surface of the ground in the saturation zone and in direct contact with the ground or subsoil;
groundwater activity
has the meaning given in paragraph 3 of Schedule 22;
groundwater flooding
means flooding where the water table beneath the ground rises and causes water to seep out at ground level;
groundwater mobile plant
means plant that is— (a) designed to move or be moved whether on roads or other land, (b) used to carry on a groundwater activity, and (c) not an installation or Part B mobile plant;
groundwater Source Protection Zone 1
means a zone— (a) within 50m of a point at which water is abstracted for domestic or food production purposes from any underground strata, or (b) defined by a 50-day travel time for groundwater to reach a groundwater abstraction point that is used to supply water for domestic or food production purposes, whichever is larger;
groundwater Source Protection Zone 2
means a zone— (a) within— (a) 250m of a point at which water is abstracted for domestic or food production purposes from underground strata where the maximum allowable annual volume as authorised by a licence under section 24 of the Water Resources Act 1991 or allowed by virtue of section 27 of that Act (as the case may be) divided by 365 is less than 2,000 m3 per day, or (b) 500m of a point at which water is abstracted for domestic or food production purposes from underground strata where the maximum allowable annual volume as authorised by a licence under section 24 of the Water Resources Act 1991 divided by 365 is equal to or greater than 2,000 m3 per day, or (b) defined by a 400-day travel time for groundwater to reach a groundwater abstraction point that is used to supply water for domestic or food production purposes, whichever is larger;
groundwater tracer test
means a study of— (a) the behaviour or movement of water, or (b) a contaminant below ground, which involves the addition to groundwater of a distinguishable material which has nearly identical properties to the contaminant or water being studied;
groundwater-fed wetland
means a terrestrial ecosystem directly depending on a body of groundwater (within the meaning of the Water Framework Directive) and includes— (a) a European site (which has the meaning given in regulation 8 of the Conservation of Habitats and Species Regulations 2017);
harbour authority
has the meaning given in section 313 of the Merchant Shipping Act 1995, other than a navigation authority;
hazardous substance
has the meaning given in paragraph 4 of Schedule 22;
hazardous waste
has the meaning given by regulation 2(1) of the Environmental Permitting (England and Wales) Regulations 2016;”
heated aquifer system
means a system used for both heating and cooling and where in a 5-year period the ratio of the discharge water temperature to the abstracted water temperature exceeds 1.2.
high-activity or similar source
means— (a) a high-activity source, or (b) such other sealed source which, in the opinion of the regulator, is of a similar level of potential hazard to a high-activity source;
high-activity source
means a sealed source for which the activity of the contained radionuclide is equal to or exceeds the relevant activity value laid down in Annex III of the Basic Safety Standards Directive;
high-efficiency cogeneration
means cogeneration meeting the criteria laid down in Annex II to the Energy Efficiency Directive;
highway drain
means a drain which a highway authority or other person is entitled to keep open by virtue of section 100 of the 1980 Act;
household waste
has the meaning given in section 75(5) of the 1990 Act;
impermeable surface
means a surface or pavement constructed and maintained to a standard sufficient to prevent the transmission of liquids beyond the surface;
in vitro diagnostic medical device
means an in vitro diagnostic medical device within the meaning of regulation 2(1) or 137 of the Medical Devices Regulations 2002 which is EEE;
in-scope generator
means a generator other than an excepted generator.
inland freshwaters
has the meaning given in section 104 of the 1991 Act;
inland waters
has the meaning given in section 221(1) of the 1991 Act;
inland waterway vessel
means a vessel, other than a sea-going vessel, having a total dead weight of 15 or more tonnes;
installation
means Part A installation;
instrument
means a notice, notification, certificate, direction or form under these Regulations.
intrusive investigation work
means the drilling of boreholes into, or excavation of, sub-soil or rock to determine geological or hydrogeological conditions;
land
includes— (a) water;
landfill
has the meaning given in paragraph 2(1)(d) of Schedule 10;
landfill closure notice
means a closure notice served under paragraph 10 of Schedule 10;
landowner
means the person, other than a mortgagee not in possession, who—
large combustion plant
means a combustion plant with a total rated thermal input of 50 or more megawatts to which Chapter III of the Industrial Emissions Directive applies.
list of waste
means the list contained in the Annex to Commission Decision 2000/532/EC, as that list has effect in England or in Wales (as the case may be).”
List of Wastes
means the list of wastes established by Commission Decision 2000/532/EC 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, as amended from time to time;
local authority
has the meaning given in paragraph 4(7).
local authority functions
means functions which are exercisable by a local authority by virtue of regulation 32 or paragraph 2 of Schedule 2.
local enactment
means—
luminised article
means an article which is made wholly or partly from a luminescent substance in the form of a film or a paint and which— (a) is radioactive material or radioactive waste solely because it contains Pm-147 or H-3, and (b) is not a sealed source;
main connection
has the same meaning as in section 110A of the Water Industry Act 1991;
main river
has the meaning given in paragraph 2(1) of Part 1 of Schedule 25;
material particles
means— (a) for specified output material that is made up in largest proportion of glass material, particles of that material that measure less than 13 millimetres along their longest dimension, and (b) in relation to all other types of specified output material and for... waste material, particles of material measuring less than 55 millimetres along their longest dimension;
materials facility
means, subject to sub-paragraph (2), a regulated facility or part of a regulated facility that receives... waste material in order to— (a) separate it into specified output material, or (b) consolidate it into bulk quantities (whether as a first point of consolidation for such waste or following the first consolidation of bulk quantities transferred from other suppliers), for the purpose of selling it, or transferring it to other facilities or persons to enable that material to be prepared for re-use or recycling;
medical device
means a medical device within the meaning of regulation 2(1) or 69(1) of the Medical Devices Regulations 2002 which is EEE;
medium combustion plant
has the meaning given in paragraph 2(1) of Schedule 25A;
member State
includes Iceland, Liechtenstein and Norway but only to the extent that there is a relevant application or regulator-initiated variation which relates to the carrying on at an installation of an activity listed in Annex I to the Industrial Emissions Directive;
mercury exposure limit
means the workplace exposure limit for mercury set out in the document entitled “EH/40/2005 Workplace Exposure Limits” (second edition) issued by the Health and Safety Executive and published in 2011.
mining waste facility
has the meaning given in paragraph 2(1) of Schedule 20;
mining waste facility closure notice
means a closure notice served under paragraph 10 of Schedule 20;
mining waste operation
has the meaning given in paragraph 2(1) of Schedule 20;
mobile medium combustion plant
means a medium combustion plant that is— (a) designed to move or be moved whether on roads or other land, and (b) is not Part B mobile plant;
mobile radioactive apparatus
has the meaning given in paragraph 1 of Part 2 of Schedule 23;
named storage site
means a geological disposal site approved under Chapter 3 of Part 1 of the Energy Act 2008 and other legislation which transposed Directive 2009/31/EC on the geological storage of carbon dioxide in relation to England and Wales, which is identified in a decarbonisation report as the site to which EG CO2 is to be transported.
nature protection zone
means any—
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;