The Environmental Permitting (England and Wales) (Amendment) Regulations 2013

19.03.13

The Environmental Permitting (England and Wales) (Amendment) Regulations 2013 came into force on 27th February and transpose the requirements of the European Union’s Industrial Emissions Directive (IED) in England and Wales.

These changes will inevitably impact a large number of those working in waste industries including operators of existing installations, heat and power, minerals and chemicals, waste management and recovery and the food and drink sectors.

The introduction of new IED activities place requirements on the installations and extend the scope of activities covered by the environmental permitting regime. In an attempt to simplify the link between Permitting and Planning to enable Permitting applications to be speeded up, The Department for Environment, Food and Rural Affairs (DEFRA)states the regulations aim to:

  • Remove the requirement for waste businesses to have to secure planning permission for certain waste operations before an environmental permit can be issued;
  • Provide a registration scheme for low risk discharges to groundwater from some Ground Source Heating and Cooling systems;
  • Simplify requirements on regulators in maintaining twin systems of public registers containing information connected with permit determinations;
  • Possibly transfer the handling of appeals under the Environmental Permitting Regulations 2010 by the Planning Inspectorate, under delegated powers from the Secretary of State and Welsh Ministers, to the environment jurisdiction of the First Tier Tribunal;
  • Make a number of other miscellaneous proposals:
    • Minor simplifications to regulators’ handling of standard rules permits
    • Simplifying requirements relating to landowner permission to clean up
    • Correcting two oversights in respect of permit transfers
    • Allowing greater flexibility in relation to the service of notices on the body corporate.

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