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Consultation Launched on the Environmental Permitting Regulations

Monday, August 24, 2015

The Department for Environment, Food and Rural Affairs (Defra) and the Welsh Government have launched a consultation on the draft Environmental Permitting (England and Wales) Regulations 2016, which will supersede the 2010 Regulations.

The consultation has been launched to seek views on the accuracy of the draft Regulations and to ensure no factual errors have occurred as part of the drafting process. 

The Environmental Permitting (England and Wales) Regulations 2010 replaced the original 2007 version of the Regulations which, in turn, replaced the previous Pollution Prevention and Control Regulations 2000.  The Regulations require operators of industrial and waste activities that could harm human health or the environment to apply for and maintain a permit.  This permitting system uses a risk based system to determine what controls must be in place to manage the permitted activities.

The Regulations cover a wide range of activities, including waste management, groundwater management, water discharges and radioactive substances.  They also control Waste Exemptions for low risk waste management activities, such as in-situ aerobic composting and waste bailing.

The Environmental Permitting (England and Wales) Regulations 2016 aim to reflect an up-to-date legal position and bring together all the amendments to the 2010 Regulations.  Proposals for the new Regulations also include the incorporation of flood defence consenting into the environmental permitting regime and a strengthening of the enforcement powers of the Environment Agency and Natural Resources Wales to tackle waste crime and poor performance in the waste industry.

The consolidated Regulations are expected to be laid before parliament and the national assembly for Wales during the second half of 2016, and to come into force on the 1st January 2017.

The consultation closes on the 27th October 2015 and can be accessed from the main government website here.

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