Defined terms — The Environmental Permitting (England and Wales) Regulations 2016
United Kingdom · uksi/2016/1154 · 2348 provisions
394 defined in this instrument, 6 borrowed from other acts.
2016 Regulations — the Environmental Permitting (England and Wales) Regulations 2016 Schedule 29, Part 2, paragraph 99(2)
a relevant offence — an offence specified in regulation 38 Schedule 26A, paragraph 1(3)
a tritium foil source — an article which—
has a mechanically tough surface into which tritium is incorporated, and
is radioactive material or radioactive waste solely because of that tritium Schedule 23, Part 6, paragraph 1
active implantable medical device — 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 Schedule 1A, paragraph 14(4)
activity — subject to this Part, an activity listed in Part 2 of this Schedule Schedule 1, Part 1, paragraph 1(1)
aerobic composting — the autothermic and thermophilic biological decomposition and stabilisation of biodegradable waste under controlled conditions that are aerobic Schedule 3, Part 1, Chapter 3, paragraph 23(4)
agricultural waste — waste from premises used for agriculture within the meaning of the Agriculture Act 1947 Section 2(1)
allowed activity — —
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1990 , a certificate under section 191 of that Act or an established use certificate under section 192 of that Act, as originally enacted , which continues to have effect for the purposes of subsection (4) of section 192, or
the construction of hay or straw stacks, clamps or manure (or similar) heaps, in accordance with accepted agricultural practice Schedule 25, Part 1, paragraph 3(4)
anaerobic digestion — the mesophilic and thermophilic biological decomposition and stabilisation of biodegradable materials which—
is carried on under controlled anaerobic conditions,
produces a methane-rich gas mixture, and
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.
Part A(2)
Refining gas where this activity does not fall within Part A(1)(a) of this Section.
Part B
Blending odorant for use with natural gas or liquefied petroleum gas.
The storage of petrol in stationary storage tanks at a terminal, or the loading or unloading at a terminal of petrol into or from road tankers, rail tankers or inland waterway vessels.
The unloading of petrol into stationary storage tanks at a service station, if the total quantity of petrol unloaded into such tanks at the service station in any 12-month period is likely to be 500m3 or more.
Motor vehicle refuelling activities at an existing service station after the prescribed date, if the throughput of petrol at that service station in any 12-month period is or is likely to be in excess of 3,000m3.
Motor vehicle refuelling activities at a new service station, if… Schedule 1, Part 2, Chapter 1, paragraph 4
anaerobic digestion — the mesophilic and thermophilic biological decomposition and stabilisation of biodegradable waste which—
is carried on under controlled anaerobic conditions, and
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 Schedule 3, Part 1, Chapter 1, paragraph 1(1)
ancient woodland — any area that has been wooded continuously since at least 1600 AD, including ancient semi-natural woodland and plantations on ancient woodland sites Schedule 3, Part 3, paragraph 1
Annex I — Annex I of the MCPD Schedule 25A, Part 2, paragraph 5
Annex II — Annex II of the MCPD;
“biomass”, “dust”, “emission limit value”, “micro isolated system”, “nitrogen oxides”, “operating hours”, and “small isolated system” ... have the respective meanings given in article 3 of the MCPD;
any reference to emissions expressed in mg/Nm3 is to those emissions defined in accordance with the first paragraph of Annex II Schedule 25A, Part 2, paragraph 5
appeal — an appeal to the appropriate authority Schedule 6, paragraph 1
applicable fee — the fee prescribed under a charging scheme made under section 41 of the 1995 Act Schedule 2, paragraph 10(8)
applicant — —
in the case of an application for the transfer of an environmental permit in whole or in part—
the operator and the proposed transferee, or
the proposed transferee;
in every other case, the operator Schedule 5, Part 1, paragraph 1
application — an application—
for the grant of an environmental permit under regulation 13(1),
by an operator for the variation of an environmental permit under regulation 20(1),
for the transfer, in whole or in part, of an environmental permit under regulation 21(1), or
for the surrender, in whole or in part, of an environmental permit under regulation 25(2) Schedule 5, Part 1, paragraph 1
application — an application—
for the grant of an environmental permit, or
for the variation of an environmental permit Section 63(7)
appointed person — the person appointed under paragraph 5;
“determination” includes the reasons for the determination Schedule 6, paragraph 1
appropriate agency — —
and references to the “area” of an appropriate agency are to be construed accordingly;
in relation to England, the Agency, and
in relation to Wales, the NRBW Section 2(1)
appropriate agency functions — functions which are exercisable by the appropriate agency by virtue of regulation 32 or paragraph 2 of Schedule 2 Section 33(8)
appropriate authority — —
in relation to England, the Secretary of State, and
in relation to Wales, the Welsh Ministers Section 2(1)
aqueous non-Table 6 waste — aqueous radioactive waste which is not described in an entry in column 1 of Table 6 Schedule 23, Part 6, paragraph 22(7)
asbestos — any of the following fibrous silicates: actinolite, amosite, anthophyllite, chrysotile, crocidolite and tremolite.
Part A(1)
Producing asbestos or manufacturing products based on or containing asbestos.
Stripping asbestos from railway vehicles except—
in the course of the repair or maintenance of the vehicle,
in the course of recovery operations following an accident, or
where the asbestos is permanently bonded in cement or in any other material (including plastic, rubber or resin).
Part B
Unless related to an activity falling within Part A(1) of this Section, the industrial finishing of—
asbestos cement,
asbestos cement products,
asbestos fillers,
asbestos filters,
asbestos floor coverings,
asbestos friction products,
asbestos insulating board,
asbestos jointing, packaging or reinforcement material,
asbestos packing,
asbestos paper or card, or
asbestos textiles Schedule 1, Part 2, Chapter 3, paragraph 1
associated prior treatment — screening, chipping, shredding, cutting, pulverising or sorting waste for the purposes of aerobic composting Schedule 3, Part 1, Chapter 3, paragraph 23(4)
associated prior treatment — screening, chipping, shredding, cutting, pulverising or sorting waste for the purposes of anaerobic digestion Schedule 3, Part 1, Chapter 3, paragraph 24(4)
associated prior treatment — screening, chipping, shredding, cutting, pulverising or sorting waste for the purposes of anaerobic digestion Schedule 3, Part 1, Chapter 3, paragraph 25(4)
associated prior treatment — crushing relevant waste for the purposes of screening or blending it but does not include crushing of any relevant waste which falls within Part B of Section 3.5 of Part 2 of Schedule 1 or within paragraph T7 Schedule 3, Part 1, Chapter 3, paragraph 5(4)
associated prior treatment — cleaning tyres and separating rims from them prior to treatment Schedule 3, Part 1, Chapter 3, paragraph 8(4)
associated storage — storage of waste that—
is associated with the use, treatment or disposal of waste, and
takes place at the place where the use, treatment or disposal is carried on Schedule 3, Part 1, Chapter 1, paragraph 1(1)
available techniques — 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 Schedule 8, paragraph 2
Ba-137m eluting source — 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 Schedule 23, Part 6, paragraph 1
back-up generator — a generator operated for the sole purpose of maintaining power supply at a site during an on-site emergency Schedule 25B, paragraph 4
background quantity — in relation to the release of a substance resulting from an activity, such quantity of that substance as is present in—
water supplied to the site where the activity is carried on,
water abstracted for use in the activity, and
precipitation onto the site on which the activity is carried on Schedule 1, Part 1, paragraph 7(2)
balanced system — 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 Schedule 3, Part 3, paragraph 5(4)
balancing services — 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;
“capacity agreement” has the meaning given in regulation 30 of the Electricity Capacity Regulations 2014 Schedule 25B, paragraph 4
bank — 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);
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;
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;
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 Schedule 25, Part 1, paragraph 2(2)
bank — a bank, wall or embankment adjoining or confining, or constructed for the purposes of or in connection with, any channel and includes all land between the bank and low-watermark Schedule 3, Part 1, Chapter 1, paragraph 1(1)
best — most effective in achieving a high general level of protection of the environment as a whole Schedule 8, paragraph 2
best available techniques — 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—
“techniques” includes both the technology used and the way in which the installation is designed, built, maintained, operated and decommissioned Schedule 8, paragraph 2
capacity auction — an auction under Part 4 of the Electricity Capacity Regulations 2014;
“distribution system” has the meaning given in section 4(4) of the Electricity Act 1989 Schedule 25B, paragraph 4
cartons — 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 Schedule 10, paragraph 5A(3)
cartons — 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 Schedule 9, Part 4, paragraph 1(3)
Category A mining waste facility — a mining waste facility that is classified as Category A under Article 9 of the Mining Waste Directive;
“class”, in relation to a regulated facility, is to be construed in accordance with regulation 8;
“coastal waters” has the meaning given in section 104 of the 1991 Act Section 2(1)
CFCs — chlorofluorocarbons Schedule 3, Part 1, Chapter 3, paragraph 11(4)
change in operation — a change in the nature or functioning, or an extension, of an installation, which may have consequences for the environment Schedule 5, Part 1, paragraph 5(5)
Class A gaseous tritium light device — a gaseous tritium light device where the activity of the device does not exceed 2 x 1010 Bq of tritium Schedule 23, Part 6, paragraph 1
Class B gaseous tritium light device — a gaseous tritium light device which is installed or intended to be installed on premises and where the activity—
in each sealed container in the device does not exceed 8 x 1010 Bq of tritium, and
of the device does not exceed 1 x 1012 Bq of tritium Schedule 23, Part 6, paragraph 1
Class C gaseous tritium light device — a gaseous tritium light device installed or intended to be installed—
in a vessel or aircraft, or
in a vehicle or other equipment used or intended to be used by the armed forces of the Crown Schedule 23, Part 6, paragraph 1
coating material — paint, printing ink, varnish, lacquer, dye, any metal oxide coating, any adhesive coating, any elastomer coating, any metal or plastic coating and any other coating material Schedule 1, Part 2, Chapter 6, paragraph 1
cogeneration — the simultaneous generation in one process of thermal energy and electrical or mechanical energy Schedule 24, paragraph 1(1)
collection point — a place which is used for the collection of waste by an establishment or undertaking where the establishment or undertaking does not—
receive payment for collecting the waste, or
collect waste as its main business activity;
“place of production” has the meaning given in paragraph 1(1) of Part 1 of this Schedule Schedule 3, Part 5, paragraph 1(3)
combustion plant — any technical apparatus in which fuels are oxidised in order to use the heat generated Section 2(1)
competent authority — in relation to an area, the fire and rescue authority under the Fire and Rescue Services Act 2004 for that area;
in the definition of “operator”, for “the Environmental Permitting (England and Wales) Regulations 2007” substitute “ the 2016 Regulations Schedule 29, Part 2, paragraph 31(2)
confidential information — information that is commercially or industrially confidential in relation to any person;
“culvert” has the meaning given in paragraph 3(3) of Part 1 of Schedule 25;
“disposal”—
except in relation to a radioactive substances activity, has the meaning given in paragraph 2 of Part 1 of Schedule 9;
in relation to a radioactive substances activity, has the meaning given in paragraph 1 of Part 2 of Schedule 23;
“drainage” has the meaning given in paragraph 2(1) of Part 1 of Schedule 25;
“effluent” has the same meaning as in the 1991 Act Section 2(1)
conform — borrowed from another act; this instrument states no meaning of its own Schedule 1A, paragraph 1
connection distance — —
expressed in kilometres;
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
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 Schedule 24, paragraph 1(1)
conservancy authority — 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 Schedule 25, Part 1, paragraph 3(4)
construction — 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 Schedule 3, Part 1, Chapter 1, paragraph 1(1)
controlled drug — a controlled drug specified in Schedules 1 to 5 to the Misuse of Drugs Regulations 2001 Schedule 3, Part 1, Chapter 3, paragraph 28(4)
cooled aquifer system — 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 Schedule 3, Part 3, paragraph 5(4)
cost-benefit analysis — a cost-benefit analysis in accordance with Part 2 to Annex IX to the Energy Efficiency Directive Schedule 24, paragraph 1(1)
Crown premises — premises held or used by or on behalf of the Crown Schedule 4, paragraph 3(2)
culvert — 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 Schedule 25, Part 1, paragraph 3(4)
date of registration — the date on which the relevant particulars first appear on the register Schedule 2, paragraph 15(6)
depolluted — 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 Schedule 3, Part 1, Chapter 2, paragraph 16(4)
designated mineral or mineral product — —
clay, sand or any other naturally occurring mineral other than coal;
metallurgical slag;
boiler or furnace ash produced from the burning of coal, coke or any other coal product;
gypsum which is a by-product of any activity Schedule 1, Part 2, Chapter 3, paragraph 1
designated salmonid river — —
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 ;
in Wales, a river included on the map published by the NRBW on 20th October 2015 entitled “Rivers in Wales identified as salmonid for flood risk activities under the Environmental Permitting Regulations” Schedule 3, Part 4, paragraph 1(5)
designated sensitive water body — 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 Schedule 3, Part 4, paragraph 1(5)
designated site — —
a European site (which has the meaning given in regulation 8 of the Conservation of Habitats and Species Regulations 2017),
a Ramsar site (which has the same meaning as in section 37A of the Wildlife and Countryside Act 1981 ),
a site of special scientific interest (which has the meaning given in section 52(1) of the Wildlife and Countryside Act 1981 ), or
a nature reserve established by a local authority under section 21 of the National Parks and Access to the Countryside Act 1949 Schedule 3, Part 2, paragraph 1(3)
designated site — —
a European site (which has the meaning given in regulation 8 of the Conservation of Habitats and Species Regulations 2017),
a Ramsar site (which has the same meaning as in section 37A of the Wildlife and Countryside Act 1981 ),
a site of special scientific interest (which has the meaning given in section 52(1) of the Wildlife and Countryside Act 1981), or
a nature reserve established by a local authority under section 21 of the National Parks and Access to the Countryside Act 1949 Schedule 3, Part 4, paragraph 1(4)
determination date — —
the date of a determination under regulation 47(3) or (7),
the date of a determination under regulation 50 that information must be excluded from the public register, or
if the regulator determines under regulation 50 that information must be included on the public register—
if an appeal is brought, the date of determination or withdrawal of that appeal, or
if no appeal is brought, the date on which the period for bringing an appeal expires Schedule 5, Part 1, paragraph 7(3)
Directive 2006/95/EC — borrowed from another act; this instrument states no meaning of its own Schedule 1A, paragraph 4
directly associated activity — an operation which—
has a technical connection with the activity,
is carried on on the same site as the activity, and
could have an effect on pollution Schedule 1, Part 1, paragraph 1(2)
discharging sewer — the sewer or works from which sewage effluent is discharged Schedule 21, paragraph 2
discharging undertaker — the sewerage undertaker in which a discharging sewer is vested;
“main connection” has the same meaning as in section 110A of the Water Industry Act 1991 ;
“pipe” has the same meaning as in the 1991 Act Schedule 21, paragraph 2
disposal permit — —
an environmental permit to carry on the radioactive substances activity described in paragraph 11(2)(b) of Part 2 of this Schedule, or
an authorisation under the 1993 Act to dispose of radioactive waste held in respect of premises situated in Northern Ireland or Scotland Schedule 23, Part 6, paragraph 1
drain pen — an impermeable area draining back to the sheep dip bath where newly-dipped sheep are held while they continue to drip Schedule 3, Part 1, Chapter 3, paragraph 27(4)
drink — —
water suitable for human consumption,
a beverage suitable for human consumption,
a sports drink suitable for human consumption, or
a liquid which constitutes a beverage or sports drink suitable for human consumption if it is—
diluted,
combined with crushed ice, or processed so as to create crushed ice,
combined with carbon dioxide, or
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 Schedule 9, Part 2, Chapter 1, paragraph 2(1)
drink container — a bottle or can in which a drink is supplied and which—
together with any label applied to it and its lid or other closures;
is made wholly or mainly from polyethelene terephthalate (PET) plastic, steel or aluminium,
has a capacity of at least 50 millilitres but no more than three litres of liquid,
when it is filled for supply, is securely closed, and
is designed to be used only once, or for a short period of time, before being discarded Schedule 9, Part 2, Chapter 1, paragraph 2(1)
dry cleaning — 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 Schedule 5, Part 1, paragraph 5(5)
economically justified demand — 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 Schedule 24, paragraph 1(1)
electrical and electronic equipment — 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 Schedule 10, paragraph 5A(3)
electrical and electronic equipment — 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 Schedule 9, Part 4, paragraph 1(3)
electrodeposited source — 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 Schedule 23, Part 6, paragraph 1
emergency — an occurrence which presents a risk of—
serious flooding;
serious detrimental impact on drainage;
serious harm to the environment Schedule 25, Part 1, paragraph 2(1)
emission — —
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;
in relation to a Part B installation, the direct release of substances or heat from individual or diffuse sources in the installation into the air;
in relation to a solvent emission activity, the direct or indirect release of substances from individual or diffuse sources in the regulated facility into the air;
in relation to Part B mobile plant, the direct release of substances or heat from the mobile plant into the air;
in relation to a waste operation, the direct or indirect release of substances, vibrations, heat or noise from individual or diffuse sources related to the operation into the air, water or land;
in relation to a mining waste operation, the direct or indirect release of substances, vibrations, heat or noise from individual or diffuse sources related to the operation into the air, water or land;
in relation to a radioactive substances activity, the direct or indirect release of radioactive material or radioactive waste;
in relation to a small waste incineration plant, the… Section 2(1)
emission — the direct or indirect release of any substance from individual or diffuse sources into the air, water or land;
“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 ;
“Transitional National Plan” has the meaning given in regulation 2 of the Large Combustion Plants (Transitional National Plan) Regulations 2015 Section 67(4)
emission limit value — 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 Schedule 25B, paragraph 4
emission limit value — the mass, expressed in terms of specific parameters, concentration or level of an emission, which must not be exceeded during a period of time Section 59(4)
end-of-life vehicle — 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 Schedule 3, Part 1, Chapter 2, paragraph 16(4)
enforcement notice — a notice served under regulation 36;
“enforcement undertaking” has the meaning given in paragraph 1(3) of Schedule 26 Section 2(1)
environmental effects — —
flooding or risk of flooding;
harm to the environment or risk of harm to the environment;
detrimental impact on drainage or risk of detrimental impact on drainage Schedule 25, Part 1, paragraph 7(5)
environmental effects — —
in relation to a flood risk activity—
flooding or risk of flooding;
detrimental impact on drainage or risk of detrimental impact on drainage;
harm to the environment or risk of harm to the environment;
in relation to any other class of regulated facility, the effects of pollution Section 36(4)
environmental objectives — —
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;
in relation to the Solway Tweed River Basin District, means the objectives as defined in regulation 2 of the Water Environment (Water Framework Directive) (Solway Tweed River Basin District) Regulations 2004;
in relation to a river basin district within the meaning of the WFD Regulations, has the same meaning as in those Regulations;
“environmental permit” has the meaning given in regulation 13(1) Section 2(1)
environmental permit condition — a condition of an environmental permit;
“establishment” has the same meaning as in the Waste Framework Directive;
“EU-derived domestic legislation” has the meaning given by section 2(2) of the European Union (Withdrawal) Act 2018;
“excluded flood risk activity” has the meaning given in paragraph 4 of Part 1 of Schedule 25 Section 2(1)
excluded activity — 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 Schedule 1, Part 2, Chapter 6, paragraph 1
excluded activity — —
any activity carried on on a farm or agricultural holding other than—
the manufacture of goods for sale;
the production of compost for growing mushrooms;
the manufacture or preparation of food or drink for human consumption but excluding—
the extraction, distillation or purification of animal or vegetable oil or fat otherwise than as an activity incidental to the cooking of food for human consumption;
any activity involving the use of green offal or the boiling of blood except the cooking of food (other than tripe) for human consumption;
the cooking of tripe for human consumption elsewhere than on premises on which it is to be consumed;
the fleshing, cleaning and drying of pelts of fur-bearing mammals;
any activity carried on in connection with the operation of a collection centre for animal by-products;
any activity for the manufacture of soap not falling within Part A(1) of Section 4.1;
the storage of vegetable matter not falling within any other Section;
the manufacture of starch;
the salting of hides or skins, unless related to any other activity listed in this Schedule;
any activity for composting animal or vegetable matter or a combination of both, except where that… Schedule 1, Part 2, Chapter 6, paragraph 1(1)
excluded flood risk activity — a flood risk activity that—
falls within a description in Part 2 of this Schedule, and
satisfies the conditions specified in Part 2 of this Schedule for an activity of that description Schedule 25, Part 1, paragraph 4
excluded generator — —
generators subject to the provisions of Chapter II or Chapter III of the Industrial Emissions Directive,
generators operating with a defined nuclear safety role under a nuclear site licence issued by the Office for Nuclear Regulation,
back-up generators operated for the purpose of testing for no more than 50 hours per year,
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,
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;
“mobile”, in relation to a generator, means designed to move or be moved whether on roads or other land Schedule 25B, paragraph 2(2)
excluded waste operation — any part of a waste operation not carried on at an installation or by means of Part B mobile plant—
that—
requires a marine licence under the Marine and Coastal Access Act 2009 , or
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
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 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 Section 2(1)
exempt facility — —
an exempt waste operation,
an exempt water discharge activity,
an exempt groundwater activity, or
an exempt flood risk activity Section 5
exempt flood risk activity — a flood risk activity that meets the requirements of paragraph 9 of Schedule 2 Section 5
exempt groundwater activity — —
a stand-alone groundwater activity that meets the requirements of—
in relation to Wales only, paragraph 7 of Schedule 2;
in relation to England only, paragraph 8 of Schedule 2, or
a groundwater activity that—
is a groundwater tracer test as defined in paragraph 1 of Part 3 of Schedule 3,
is also a radioactive substances activity by virtue of the using of radioactive material as a part of that test, and
meets the requirements of—
in relation to Wales only, paragraph 7 of Schedule 2;
in relation to England only, paragraph 8 of Schedule 2 Section 5
exempt location — —
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
any premises to which petroleum coke, coal, coke or any coal product is supplied only for use there Schedule 1, Part 2, Chapter 3, paragraph 1
exempt radioactive substances — radioactive substances in respect of which an exemption in Section 2 or 3 of this Part applies Schedule 23, Part 6, paragraph 9
exempt waste operation — a waste operation—
that is not carried on at an installation, and
that meets the requirements of paragraph 4(1) of Schedule 2 Section 5
exempt water discharge activity — a stand-alone water discharge activity that meets the requirements of—
in relation to Wales only, paragraph 5 of Schedule 2;
in relation to England only, paragraph 6 of Schedule 2 Section 5
existing — in force at the relevant time Section 70
existing application — an application made before the day on which the Environmental Permitting (Electricity Generating Stations) (Amendment) Regulations 2025 come into force—
for the grant of an environmental permit under regulation 13, or
for the variation of an environmental permit under regulation 20(1) Schedule 25C, paragraph 7(2)
existing medium combustion plant — a medium combustion plant—
put into operation before 20th December 2018, or
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 Schedule 25A, Part 1, paragraph 2(1)
existing mining waste facility — a mining waste facility in operation on 1st May 2008 Section 2(1)
existing service station — a service station—
before 1st January 2010;
which was put into operation, or
for which planning permission under the Town and Country Planning Act 1990 was granted Schedule 1, Part 2, Chapter 1, paragraph 1
external emergency plan — 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 Schedule 20, paragraph 14(3)
extractive waste — 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);
“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 Section 2(1)
Feed-in Tariff preliminary accreditation application — an application for preliminary accreditation made under Part 3 of the Feed-in Tariffs Order 2012 Schedule 25B, paragraph 4
ferrous alloy — 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.
Part A(1)
Roasting or sintering metal ore, including sulphide ore, or any mixture of iron ore with or without other materials.
Producing, melting or refining iron or steel or any ferrous alloy, including continuous casting, except where the only furnaces used are—
electric arc furnaces with a designed holding capacity of less than 7 tonnes, or
cupola, crucible, reverberatory, rotary, induction, vacuum, electro-slag or resistance furnaces.
Processing ferrous metals and their alloys by using hot-rolling mills with a production capacity of more than 20 tonnes of crude steel per hour.
Loading, unloading or otherwise handling or storing more than 500,000 tonnes in total in any 12-month period of iron ore, except in the course of mining operations, or burnt pyrites.
Part A(2)
Unless falling within Part A(1)(b) of this Section, producing pig iron or steel, including continuous casting, in a plant with a production capacity of more than 2.5 tonnes per hour.
Operating hammers… Schedule 1, Part 2, Chapter 2, paragraph 1
fibre-based composite material — 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 Schedule 9, Part 2, Chapter 1, paragraph 2(1)
final confidentiality decision — —
a determination under regulation 50, or
the determination or withdrawal of an appeal in relation to a determination under regulation 50 Section 45
finished goods — goods that are ready for use by an end consumer without any further processing Schedule 3, Part 1, Chapter 2, paragraph 9(4)
fire and rescue authority — the fire and rescue authority under the Fire and Rescue Services Act 2004 for the area in which the mining waste facility is located Schedule 20, paragraph 2(1)
first registration — —
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
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 Schedule 2, paragraph 15(6)
flood defence structure — 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 Schedule 25, Part 1, paragraph 2(1)
flood risk activity — —
erecting any structure (whether temporary or permanent) in, over or under a main river;
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;
erecting or altering any structure (whether temporary or permanent) designed to contain or divert the floodwaters of any part of a main river;
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;
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;
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—
cause damage to or endanger the stability of the banks… Schedule 25, Part 1, paragraph 3(1)
flood risk activity emergency works notice — a notice served under paragraph 7 of Part 1 of Schedule 25 Section 2(1)
flood risk activity notice of intent — a notice served under paragraph 9(2) of Part 1 of Schedule 25 Section 2(1)
flood risk activity remediation notice — a notice served under paragraph 8 of Part 1 of Schedule 25 Section 2(1)
gaseous tritium light device — a sealed source in a device which is an illuminant, instrument, sign or indicator which—
incorporates tritium in one or more sealed containers constructed to prevent dispersion of that tritium in normal use, and
is radioactive material solely because it contains that tritium Schedule 23, Part 6, paragraph 1
general binding rule — a standard rule published under regulation 26;
a reference to “Member States” is to be read as a reference to the regulator Schedule 1A, paragraph 8(2)
generator — 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—
an electricity transmission system or distribution system, or
other apparatus, equipment or appliances at a site, and is performing a function that could be performed by a generator that is not mobile Schedule 25B, paragraph 2(1)
grantor — a person who grants the operator rights pursuant to regulation 15(2) Schedule 5, Part 2, paragraph 1
green crops — alfalfa (Lucerne), clover, grass, perennial ryegrass, tall fescue and other similar crops Schedule 1, Part 2, Chapter 6, paragraph 1(2)
green offal — the stomach and intestines of any animal, other than poultry or fish, and their contents Schedule 1, Part 2, Chapter 6, paragraph 1(2)
groundwater — 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 Section 2(1)
groundwater activity — any of the following—
the discharge of a pollutant that results in the direct input of that pollutant to groundwater;
the discharge of a pollutant in circumstances that might lead to an indirect input of that pollutant to groundwater;
any other discharge that might lead to the direct or indirect input of a pollutant to groundwater;
an activity in respect of which a notice under paragraph 10 has been served and has taken effect;
an activity that might lead to a discharge mentioned in paragraph (a), (b) or (c), where that activity is carried on as part of the operation of a regulated facility of another class Schedule 22, paragraph 3(1)
groundwater flooding — flooding where the water table beneath the ground rises and causes water to seep out at ground level Schedule 3, Part 3, paragraph 7(5)
groundwater mobile plant — plant that is—
designed to move or be moved whether on roads or other land,
used to carry on a groundwater activity, and
not an installation or Part B mobile plant Section 2(1)
groundwater Source Protection Zone 1 — a zone—
within 50m of a point at which water is abstracted for domestic or food production purposes from any underground strata, or
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;
“hazardous substance” has the meaning given in paragraph 4 of Schedule 22;
“hazardous waste”, subject to paragraph (7)—
in relation to England, has the meaning given in regulation 6 of the Hazardous Waste (England and Wales) Regulations 2005 ;
in relation to Wales, has the meaning given in regulation 6 of the Hazardous Waste (Wales) Regulations 2005 Section 2(1)
groundwater Source Protection Zone 2 — a zone—
within—
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
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
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 Schedule 3, Part 3, paragraph 7(5)
groundwater tracer test — a study of—
which involves the addition to groundwater of a distinguishable material which has nearly identical properties to the contaminant or water being studied;
the behaviour or movement of water, or
a contaminant below ground,
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Schedule 3, Part 3, paragraph 1
groundwater-fed wetland — a terrestrial ecosystem directly depending on a body of groundwater (within the meaning of the Water Framework Directive) and includes—
a European site (which has the meaning given in regulation 8 of the Conservation of Habitats and Species Regulations 2017);
a site of special scientific interest (which has the meaning given in section 52(1) of the Wildlife and Countryside Act 1981 ) Schedule 3, Part 3, paragraph 5(4)
hazardous substance — a substance classified as hazardous as a consequence of fulfilling the criteria laid down in Parts 2 to 5 of Annex I to Regulation (EC) No 1272/2008 of the European Parliament and of the Council on classification, labelling and packaging of substances and mixtures Schedule 3, Part 1, Chapter 3, paragraph 1(5)
HCFCs — hydrochlorofluorocarbons Schedule 3, Part 1, Chapter 3, paragraph 11(4)
heated aquifer system — 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 Schedule 3, Part 3, paragraph 5(4)
HFCs — hydrofluorocarbons;
“treatment” does not include the degassing or capture of ozone depleting substances Schedule 3, Part 1, Chapter 3, paragraph 11(4)
high-activity or similar source — —
a high-activity source, or
such other sealed source which, in the opinion of the regulator, is of a similar level of potential hazard to a high-activity source Schedule 23, Part 5, paragraph 1
high-activity or similar source — —
a high-activity source, or
such other sealed source which, in the opinion of the regulator, is of a similar level of potential hazard to a high-activity source Schedule 23, Part 6, paragraph 1
high-activity source — 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;
“orphan source” has the same meaning as in the Basic Safety Standards Directive;
“sealed source” has the same meaning as in the Basic Safety Standards Directive Schedule 23, Part 5, paragraph 1
high-activity source — 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 Schedule 23, Part 6, paragraph 1
high-efficiency cogeneration — cogeneration meeting the criteria laid down in Annex II to the Energy Efficiency Directive Schedule 24, paragraph 1(1)
highway drain — 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;
“inland freshwaters” has the meaning given in section 104 of the 1991 Act;
“installation” has the meaning given in paragraph 1(1) of Part 1 of Schedule 1;
“lake or pond” and “waters of any lake or pond” have the same meaning as in section 104 of the 1991 Act;
“landfill” has the meaning given in paragraph 2(1)(d) of Schedule 10 Section 2(1)
impermeable surface — a surface or pavement constructed and maintained to a standard sufficient to prevent the transmission of liquids beyond the surface;
“inland waters” has the meaning given in section 221(1) of the 1991 Act Schedule 3, Part 1, Chapter 1, paragraph 1(1)
in vitro diagnostic medical device — an in vitro diagnostic medical device within the meaning of regulation 2(1) or 137 of the Medical Devices Regulations 2002 which is EEE Schedule 1A, paragraph 14(4)
in-scope generator — a generator other than an excepted generator Schedule 25C, Part 1, paragraph 2(1)
inland waterway vessel — a vessel, other than a sea-going vessel, having a total dead weight of 15 or more tonnes Schedule 1, Part 2, Chapter 1, paragraph 1
installation — —
and references to an installation include references to part of an installation;
a stationary technical unit where one or more activities are carried on, and
any other location on the same site where any other directly associated activities are carried on Schedule 1, Part 1, paragraph 1(1)
installation — Part A installation;
for the purposes of Schedule 14 Schedule 1A, paragraph 6(2)
installation — —
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 Schedule 24, paragraph 1(1)
installation — a Part B installation, Part B mobile plant, small waste incineration plant or solvent emission activity Schedule 8, paragraph 2
instrument — a notice, notification, certificate, direction or form under these Regulations Section 10(1)
intrusive investigation work — the drilling of boreholes into, or excavation of, sub-soil or rock to determine geological or hydrogeological conditions Schedule 23, Part 2, paragraph 11(7)
landfill closure notice — a closure notice served under paragraph 10 of Schedule 10;
“local authority” , except in Schedule 1A, has the meaning given in regulation 6;
“main river” has the meaning given in paragraph 2(1) of Part 1 of Schedule 25;
“medium combustion plant” has the meaning given in paragraph 2(1) of Schedule 25A;
“mining waste facility” has the meaning given in paragraph 2(1) of Schedule 20 Section 2(1)
landowner — the person, other than a mortgagee not in possession, who—
is receiving the rack rent of the land, whether on the person's own account or as agent or trustee for another person, or
would receive the rack rent if the land were let at a rack rent Section 15(7)
large combustion plant — a combustion plant with a total rated thermal input of 50 or more megawatts to which Chapter III of the Industrial Emissions Directive applies Schedule 15, paragraph 2(1)
list of waste — 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).
in paragraph 1—
the first and second sentences were omitted;
for the third sentence there were substituted “The list of waste shall, except as provided in Commission Decision 2000/532/EC, be binding as regards determination of the waste which is to be considered as hazardous waste or as non-hazardous waste Schedule 1A, paragraph 12(8)
List of Wastes — 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 Schedule 3, Part 1, Chapter 1, paragraph 1(1)
local authority — —
in England outside Greater London—
a district council,
a county council, or
the Council of the Isles of Scilly;
in Greater London—
the council of a London borough,
the Common Council of the City of London,
the Sub-Treasurer of the Inner Temple, or
the Under-Treasurer of the Middle Temple;
in Wales—
a county council, or
a county borough council Schedule 1A, paragraph 4(7)
local authority — —
in England outside Greater London—
a district council,
where there is a county council but no district council, the county council, or
the Council of the Isles of Scilly;
in Greater London—
the council of a London borough,
the Common Council of the City of London,
the Sub-Treasurer of the Inner Temple, or
the Under-Treasurer of the Middle Temple;
in Wales—
a county council, or
a county borough council Section 6(1)
local authority functions — functions which are exercisable by a local authority by virtue of regulation 32 or paragraph 2 of Schedule 2 Section 33(8)
local enactment — —
a local or private Act,
an order confirmed by Parliament or brought into operation in accordance with special parliamentary procedure, or
an order confirmed by the National Assembly for Wales or brought into operation in accordance with special procedure in the Assembly Schedule 23, Part 7, paragraph 1(5)
luminised article — an article which is made wholly or partly from a luminescent substance in the form of a film or a paint and which—
is radioactive material or radioactive waste solely because it contains Pm-147 or H-3, and
is not a sealed source;
“management”, in respect of waste, means—
and cognate expressions shall be construed accordingly;
the preparation by checking, cleaning or repairing that waste for its re-use without further processing,
the recovery of that waste,
the disposal of that waste, or
the application of any treatment process to that waste which is preparatory to the recovery or disposal of it Schedule 23, Part 6, paragraph 1
material particles — —
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
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 Schedule 9, Part 2, Chapter 1, paragraph 2(1)
materials facility — subject to sub-paragraph (2), a regulated facility or part of a regulated facility that receives ... waste material in order to—
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;
separate it into specified output material, or
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),
.. Schedule 9, Part 2, Chapter 1, paragraph 2(1)
medical device — a medical device within the meaning of regulation 2(1) or 69(1) of the Medical Devices Regulations 2002 which is EEE Schedule 1A, paragraph 14(4)
medium combustion plant — a combustion plant with a rated thermal input equal to or greater than 1 megawatt but less than 50 megawatts, and any combination of combustion plants referred to in article 2(2) or article 4 of the MCPD, provided that—
it does not fall within Article 2(3) or (4) of the MCPD,
it is not 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,
it is not installed on a gas storage or unloading platform as defined in regulation 2 of the Offshore Combustion Installations (Pollution Prevention and Control) Regulations 2013 Schedule 25A, Part 1, paragraph 2(1)
mercury exposure limit — 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 Schedule 3, Part 1, Chapter 3, paragraph 17(4)
mining waste facility — a “waste facility” as defined in Article 3(15) of the Mining Waste Directive but excludes those facilities mentioned in Article 24(2) or in the first paragraph of Article 24(4) of that Directive Schedule 20, paragraph 2(1)
mining waste facility closure notice — a closure notice served under paragraph 10 of Schedule 20;
“mining waste operation” has the meaning given in paragraph 2(1) of Schedule 20 Section 2(1)
mining waste operation — the management of extractive waste, whether or not involving a mining waste facility, but does not include the activities in Article 2(2)(c) of the Mining Waste Directive Schedule 20, paragraph 2(1)
mobile medium combustion plant — a medium combustion plant that is—
designed to move or be moved whether on roads or other land, and
is not Part B mobile plant;
“mobile plant”, in relation to England, means any of the following—
Part B mobile plant;
waste mobile plant;
mobile medium combustion plant;
groundwater mobile plant;
“mobile plant” , in relation to Wales, means any of the following—
Part B mobile plant;
waste mobile plant;
mobile medium combustion plant;
“mobile radioactive apparatus” has the meaning given in paragraph 1 of Part 2 of Schedule 23 Section 2(1)
mobile radioactive apparatus — any apparatus, equipment, appliance or other thing which is radioactive material and—
is constructed or adapted for being transported from place to place, or
is portable and designed or intended to be used for releasing radioactive material into the environment or introducing it into organisms Schedule 23, Part 2, paragraph 1(1)
named storage site — 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 Schedule 25C, Part 1, paragraph 3(9)
nature protection zone — any—
European site (which has the meaning given in regulation 8 of the Conservation of Habitats and Species Regulations 2017), or
site of special scientific interest (which has the meaning given in section 52(1) of the Wildlife and Countryside Act 1981 );
a reference to one or more member States in a provision imposing an obligation or conferring a discretion on a member State or member States is to be read as a reference to the appropriate authority, appropriate agency or local authority which, immediately before IP completion day, was responsible for the United Kingdom's compliance with that obligation or able to exercise that discretion so far as it related to England or Wales;
the competent authority is the regulator Schedule 1A, paragraph 7(2)
navigation authority — 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 Schedule 25, Part 1, paragraph 2(1)
net rated thermal input — the rate at which fuel can be burned at the maximum continuous rating of the appliance, multiplied by the net calorific value of the fuel and expressed as megawatts thermal Schedule 1, Part 1, paragraph 1(1)
new cemetery or new extension of a cemetery — a development which, by virtue of section 57 of the Town and Country Planning Act 1990, required planning permission authorising a change of use of land to permit burials which was granted on or after 2nd October 2023 Schedule 3, Part 3, paragraph 7(2)
new medium combustion plant — a medium combustion plant which is not an existing medium combustion plant Schedule 25A, Part 1, paragraph 2(1)
new service station — —
a service station for which planning permission under the Town and Country Planning Act 1990 was granted on or after 1st January 2010 and—
in relation to paragraph (e) of Part B, it is put into operation on or after 1st January 2010;
in relation to paragraph (f) of Part B, it is put into operation on or after 1st January 2012;
any existing service station which, on or after 1st January 2012, undergoes a major refurbishment, which has the same meaning as in PVR II Schedule 1, Part 2, Chapter 1, paragraph 1
nitrogen oxides — nitric oxide and nitrogen dioxide;
“nuclear site licence” has the meaning given in section 1 of the Nuclear Installations Act 1965;
“transmission system” has the meaning given in section 4(4) of the Electricity Act 1989 Schedule 25B, paragraph 4
non-ferrous metal alloy — an alloy which is not a ferrous alloy, as defined in Section 2.1 Schedule 1, Part 2, Chapter 2, paragraph 2
non-recyclable material — waste material that is not capable of being recycled Schedule 9, Part 2, Chapter 1, paragraph 2(1)
non-target material — material that is capable of being recycled but is not a target material Schedule 9, Part 2, Chapter 1, paragraph 2(1)
non-tidal main river — any part of a main river that is not a tidal main river Schedule 25, Part 1, paragraph 2(1)
NORM waste — a substance or article which—
is solid radioactive waste under—
paragraph 4 of Part 2 of this Schedule (NORM industrial activities); or
paragraph 5 of that Part (processed radionuclides of natural terrestrial or cosmic origin) where the waste arises from the remediation of land contaminated by radium and the contamination occurred prior to 13 May 2000;
contains one or more of the radionuclides which are listed in column 1 of Table 4A;
has a concentration of radioactivity that does not exceed the value specified in column 5 of Table 4A in respect of that radionuclide; and
is not waste to which sub-paragraph (3) applies Schedule 23, Part 6, paragraph 2(1)
nuclear site — —
and “licensee”, when used in relation to a nuclear site, and “period of responsibility” have the same meaning as in the Nuclear Installations Act 1965 ;
any site in respect of which a nuclear site licence is for the time being in force, or
any site in respect of which, after the revocation or surrender of a nuclear site licence, the period of responsibility of the licensee has not yet come to an end,
“premises” includes any land, whether covered by buildings or not, including any place underground and any land covered by water Schedule 23, Part 2, paragraph 1(1)
objection notice — a notice given under regulation 48(1)(b) Section 45
occupier — a person who is or has been the occupier of the land on which an exempt water discharge activity or exempt groundwater activity is carried on Schedule 2, paragraph 1(1)
offshore platform — any fixed or floating structure which—
but does not include 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.
is used for the purposes of or in connection with the production of petroleum, and
in the case of a floating structure, is maintained on a station during the course of production Schedule 1, Part 2, Chapter 1, paragraph 3
offshore platform — any fixed or floating structure which—
but does not include 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.
is used for the purposes of or in connection with the production of petroleum, and
in the case of a floating structure, is maintained on a station during the course of production Schedule 25A, Part 1, paragraph 2(2)
offshore platform — any fixed or floating structure which—
but does not include 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.
is used for the purposes of or in connection with the production of petroleum, and
in the case of a floating structure, is maintained on a station during the course of production Schedule 25B, paragraph 2(3)
operate a regulated facility — —
operate an installation, mobile plant, a medium combustion plant or a specified generator, or
carry on a waste operation, mining waste operation, radioactive substances activity, water discharge activity, groundwater activity, small waste incineration plant operation, solvent emission activity or flood risk activity;
“operator”, in relation to a regulated facility, means—
the person who has control over the operation of the regulated facility,
if the regulated facility has not yet been put into operation, the person who will have control over the regulated facility when it is put into operation, or
if a regulated facility authorised by an environmental permit ceases to be in operation, the person who holds the environmental permit Section 7
operation — a waste operation, stand-alone water discharge activity or stand-alone groundwater activity Section 22(9)
operator — the person carrying on a water discharge activity or groundwater activity Schedule 2, paragraph 1(1)
owner — the person who—
but does not include a mortgagee not in possession.
is receiving the rack-rent of the land, whether on the person's own account or as agent or trustee for another person, or
would receive the rack-rent if the land were let at a rack-rent Schedule 5, Part 1, paragraph 9(6)
packaging — all products made of any materials of any nature to be used for the containment, protection, handling, delivery and presentation of goods, from raw materials to processed goods, from the producer to the user or the consumer, including non-returnable items used for the same purposes, but only where the products are—
primary packaging, which is packaging conceived so as to constitute a sales unit to the final user or consumer at the point of purchase;
secondary packaging, which is packaging conceived so as to constitute at the point of purchase a grouping of a certain number of sales units whether the latter is supplied as such to the final user or consumer or whether it serves only as a means to replenish the shelves at the point of sale; it can be removed from the product without affecting the product’s characteristics;
tertiary packaging, which is packaging conceived so as to facilitate handling and transport of a number of sales units or secondary packaging in order to prevent damage from physical handling and transport damage and for these purposes tertiary packaging does not include road, rail, ship and air containers;
shipment packaging, which is packaging in addition to… Schedule 9, Part 2, Chapter 1, paragraph 2(1)
PAHs (polycyclic aromatic hydrocarbons) — Naphthalene, Acenaphthylene, Acenaphthene, Anthracene, Benzo(a)anthracene, Benzo(b)fluoranthene, Benzo(k)fluoranthene, Benzo(g,h,i)perylene, Benzo(a)pyrene, Chrysene, Coronene, Dibenzo(a,h)anthracene, Fluorene, Fluoranthene, Indeno(1,2,3-c,d)pyrene, Phenanthrene and Pyrene Schedule 10, paragraph 2(2)
paragraph 5 waste — radioactive waste described in paragraph 5 Schedule 23, Part 6, paragraph 4(2)
Part A installation — a Part A(1) installation or a Part A(2) installation Section 2(1)
Part A(1) activity — an activity falling within Part A(1) of any Section in Part 2 of Schedule 1 Section 2(1)
Part A(1) installation — an installation where a Part A(1) activity is carried on either alone or in combination with any or all of the following—
a Part A(2) activity;
a Part B activity;
the operation of a small waste incineration plant;
a solvent emission activity Section 2(1)
Part A(2) activity — an activity falling within Part A(2) of any Section in Part 2 of Schedule 1 Section 2(1)
Part A(2) installation — an installation where a Part A(2) activity is carried on either alone or in combination with any or all of the following—
a Part B activity;
the operation of a small waste incineration plant;
a solvent emission activity Section 2(1)
Part B activity — an activity falling within Part B of any Section in Part 2 of Schedule 1 Section 2(1)
Part B installation — subject to paragraph (8) and to Sections 2.2, 5.1 and 6.4 in Part 2 of Schedule 1, an installation, not being a Part A installation, where a Part B activity is carried on either alone or in combination with either or both of the following—
the operation of a small waste incineration plant;
a solvent emission activity Section 2(1)
Part B mobile plant — plant that is designed to move or be moved whether on roads or other land and that is used to carry on a Part B activity;
“pollutant”, in relation to England, means any—
substance,
heat, or
biological entity or micro-organism,
which is liable to cause pollution;
“pollutant” , in relation to Wales, means any substance liable to cause pollution;
“pollution”, in relation to England, in relation to a water discharge activity or groundwater activity, means the direct or indirect introduction, as a result of human activity, of substances, heat or biological entities or micro-organisms into air, water or land which may—
be harmful to human health or the quality of aquatic ecosystems or terrestrial ecosystems directly depending on aquatic ecosystems,
result in damage to material property, or
impair or interfere with amenities or other legitimate uses of the environment;
“pollution” , in relation to Wales, in relation to a water discharge activity or groundwater activity, means the direct or indirect introduction, as a result of human activity, of substances or heat into the air, water or land which may—
be harmful to human health or the quality of aquatic ecosystems or terrestrial… Section 2(1)
permit — environmental permit Schedule 10, paragraph 2(2)
permit — an environmental permit;
a reference to one or more member States in a provision imposing an obligation or conferring a discretion on a member State or member States is to be read as a reference to the appropriate authority, appropriate agency or local authority which, immediately before IP completion day, was responsible for the United Kingdom’s compliance with that obligation or able to exercise that discretion so far as it related to England or Wales;
the competent authority is the regulator Schedule 1A, paragraph 12(2)
permit — environmental permit Schedule 1A, paragraph 14(7)
permit — environmental permit;
‘general binding rule’—
for the purposes of Schedules 15 and 17 to the Environmental Permitting (England and Wales) Regulations 2016, means emission limit values or other conditions, at least at sector level, that are adopted with the intention of being used directly to set permit conditions;
otherwise, means a standard rule published under regulation 26 of the Environmental Permitting (England and Wales) Regulations 2016;
in point (10)(b), for “Member State in question” there were substituted “ United Kingdom Schedule 1A, paragraph 6(3)
permit — environmental permit Schedule 1A, paragraph 7(2)
permit — environmental permit;
a reference to Directive 2010/75/EU is to be read as if it were a reference to the Industrial Emissions Directive Schedule 1A, paragraph 8(2)
permit — an environmental permit;
a reference to one or more member States in a provision imposing an obligation or conferring a discretion on a member State or member States is to be read as a reference to the appropriate authority, appropriate agency or local authority which, immediately before IP completion day, was responsible for the United Kingdom's compliance with that obligation or able to exercise that discretion so far as it related to England or Wales;
the competent authority is the regulator Schedule 1A, paragraph 9(2)
pesticide — any chemical substance or preparation prepared or used for destroying any pest, including those used for—
protecting plants or wood or other plant products from harmful organisms,
regulating the growth of plants,
giving protection against harmful creatures or rendering such creatures harmless,
controlling organisms with harmful or unwanted effects on water systems, buildings or other structures, or on manufactured products, or
protecting animals against ectoparasites Schedule 1, Part 1, paragraph 8(2)
petrol — any petroleum derivative (other than liquefied petroleum gas), with or without additives, having a Reid vapour pressure of 27.6 or more kilopascals, which is intended for use as a fuel for motor vehicles Schedule 1, Part 2, Chapter 1, paragraph 1
place of production — in relation to any waste, the place where the waste was originally produced Schedule 3, Part 1, Chapter 1, paragraph 1(1)
planning permission — planning permission under the Town and Country Planning Act 1990 and includes—
a certificate under section 191 of that Act , and
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 that section Schedule 20, paragraph 13(2)
Plant Health notice — a notice served under—
article 13 of the Plant Health (Phytophthora ramorum) (Wales) Order 2006 ;
article 31 of the Plant Health (Forestry) Order 2005 ;
article 32 of the Plant Health (England) Order 2015 ;
article 32 of the Plant Health (Wales) Order 2006 ;
“relevant waste”, where it appears in any paragraph in this Part, means waste that—
falls within a code specified in the first column of the table in the paragraph, and
is of a type specified in the second column of the table;
“scrap metal” has the meaning given in section 21 of the Scrap Metal Dealers Act 2013 Schedule 3, Part 1, Chapter 1, paragraph 1(1)
point 26 — borrowed from another act; this instrument states no meaning of its own Schedule 1A, paragraph 6(3)
port — a port appointed by order made under section 19 of the Customs and Excise Management Act 1979 Schedule 3, Part 1, Chapter 4, paragraph 8(4)
power of entry — a power of entry exercisable under section 108 of the 1995 Act , in relation to a function under these Regulations Schedule 4, paragraph 3(2)
pre-formulated resin or pre-formulated gel coat — any resin or gel coat which has been formulated before being introduced into polymerisation or co-polymerisation activity, whether or not the resin or gel coat contains a colour pigment, activator or catalyst.
Part A(1)
Producing organic chemicals such as—
hydrocarbons (linear or cyclic, saturated or unsaturated, aliphatic or aromatic);
organic compounds containing oxygen (for example alcohols, aldehydes, ketones, carboxylic acids, esters, ethers, peroxides, phenols, epoxy resins);
organic compounds containing sulphur (for example sulphides, mercaptans, sulphonic acids, sulphonates, sulphates and sulphones and sulphur heterocyclics);
organic compounds containing nitrogen (for example amines, amides, nitrous-, nitro- or azo-compounds, nitrates, nitriles, nitrogen heterocyclics, cyanates, isocyanates, di-isocyanates and di-isocyanate prepolymers);
organic compounds containing phosphorus (for example substituted phosphines and phosphate esters);
organic compounds containing halogens (for example halocarbons, halogenated aromatic compounds and acid halides);
organometallic compounds (for example lead alkyls, Grignard reagents and lithium alkyls);
plastic materials (for example… Schedule 1, Part 2, Chapter 4, paragraph 1
pre-formulated resin or pre-formulated gel coat — any resin or gel coat which has been formulated before being introduced into polymerisation or co-polymerisation activity, whether or not the resin or gel coat contains a colour pigment, activator or catalyst.
Part A(1)
Producing organic chemicals such as—
hydrocarbons (linear or cyclic, saturated or unsaturated, aliphatic or aromatic);
organic compounds containing oxygen (for example alcohols, aldehydes, ketones, carboxylic acids, esters, ethers, peroxides, phenols, epoxy resins);
organic compounds containing sulphur (for example sulphides, mercaptans, sulphonic acids, sulphonates, sulphates and sulphones and sulphur heterocyclics);
organic compounds containing nitrogen (for example amines, amides, nitrous-, nitro- or azo-compounds, nitrates, nitriles, nitrogen heterocyclics, cyanates, isocyanates, di-isocyanates and di-isocyanate prepolymers);
organic compounds containing phosphorus (for example substituted phosphines and phosphate esters);
organic compounds containing halogens (for example halocarbons, halogenated aromatic compounds and acid halides);
organometallic compounds (for example lead alkyls, Grignard reagents and lithium alkyls);
plastic materials (for example… Schedule 1, Part 2, Chapter 4, paragraph 1
pre-planned emergency activity — any activity which has been planned in response to an emergency before it occurs Schedule 25, Part 2, paragraph 2(3)
prescribed date — 31st December 2011 if the throughput is in excess of 3,500m3 and 31st December 2018 if the throughput is in excess of 3,000m3 Schedule 1, Part 2, Chapter 1, paragraph 1
prescribed statutory provision — —
Part 4 of the Marine and Coastal Access Act 2009 ,
section 163 of the 1991 Act ,
section 165 of the Water Industry Act 1991 , or
any local statutory provision (within the meaning given in section 221 of the 1991 Act) or statutory order which expressly confers power to discharge effluent into water Section 2(1)
principal aquifer — geological strata which—
exhibit a high intergranular or fracture permeability, and
provide a high level of water storage and support water supply or base flow to rivers, lakes and wetlands on a strategic scale Schedule 3, Part 3, paragraph 7(5)
producing — the production on an industrial scale by chemical or biological processing of substances or groups of substances listed in the relevant Sections Schedule 1, Part 2, Chapter 4, paragraph 1
prohibition notice — a notice served under paragraph 9 of Schedule 22 Section 2(1)
proper address — —
in the case of a body corporate, a director of the body or the secretary or clerk—
the registered or principal office of that body, or
the email address of the director, secretary or clerk;
in the case of a partnership or a partner or person having control or management of the partnership business—
the principal office of the partnership, or
the email address of a partner or a person having that control or management;
in any other case, a person's last known address, which includes an email address Section 10(6)
proposed transferee — the person to whom an operator or a regulator proposes to transfer an environmental permit in whole or in part Section 2(1)
protected site — —
a wetland designated as a European site (which has the meaning given in regulation 8 of the Conservation of Habitats and Species Regulations 2017),
a Ramsar site (which has the same meaning as in section 37A of the Wildlife and Countryside Act 1981),
a nature reserve established by a local authority under section 21 of the National Parks and Access to the Countryside Act 1949, or
a site of special scientific interest (which has the meaning given in section 52(1) of the Wildlife and Countryside Act 1981) Schedule 3, Part 3, paragraph 1
protected species — —
a species of a kind listed in Annex 1 to Directive 2009/147/EC of the European Parliament and of the Council on the conservation of wild birds or Annex 4 to Council Directive 92/43/EEC on the conservation of natural habitats and of wild fauna and flora;
a species in respect of which any adverse impact is in accordance with a licence issued under section 16 of the Wildlife and Countryside Act 1981 Schedule 3, Part 4, paragraph 1(5)
protected undertaking — 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 Schedule 25, Part 1, paragraph 10(1)
public consultee — a person whom the regulator considers is affected by, is likely to be affected by, or has an interest in, an application Schedule 5, Part 1, paragraph 1
public participation duties — the duties in the following provisions—
regulation 26;
regulation 29;
paragraphs 6 and 8(2) of Part 1 of Schedule 5 Section 60(6)
public participation provisions — regulations 26, 29 and 60, and paragraphs 6 and 8 of Part 1 of Schedule 5;
“public register” has the meaning given in regulation 46(1);
“radioactive material” has the meaning given in paragraph 3 of Part 2 of Schedule 23;
“radioactive substances activity” has the meaning given in paragraph 11 of Part 2 of Schedule 23 Section 2(1)
PVR I — European Parliament and Council Directive 94/63/EC on the control of volatile organic compound (VOC) emissions resulting from the storage of petrol and its distribution from terminals to service stations , as read in accordance with paragraph 10 of Schedule 1A Section 3
PVR II — Directive 2009/126/EC of the European Parliament and of the Council on Stage II petrol vapour recovery during refuelling of motor vehicles at service stations , as read in accordance with paragraph 11 of Schedule 1A Section 3
qualifying complete CCS system — a system of plant and facilities for—
capturing some or all of the carbon dioxide (or any substance consisting primarily of carbon dioxide) that is produced by, or in connection with, the generation of electricity by a generating station;
transporting the carbon dioxide (or substance captured); and
disposing of it by way of permanent storage;
“the relevant amount of EG CO2”, in relation to a generator, means—
90% of EG CO2 produced by the generator each year, or
where the use of best available techniques (within the meaning given in Article 3(10) of the Industrial Emissions Directive) would result in a greater rate of capture of EG CO2 produced by the generator each year, that amount of EG CO2 Schedule 25C, Part 1, paragraph 6(1)
radioactive material — a substance or article which is not waste, and which satisfies the requirements of paragraph 4, 5 or 6 as they apply to such a substance or article Schedule 23, Part 2, paragraph 3(1)
radioactive substances — radioactive material, mobile radioactive apparatus and radioactive waste Schedule 23, Part 6, paragraph 9
radioactive substances activity — an activity described in sub-paragraph (2), (4), (5) or (6) Schedule 23, Part 2, paragraph 11(1)
radioactive substances exemption — an exemption under Part 6 of Schedule 23 from the requirement for an environmental permit in respect of a radioactive substances activity;
“radioactive waste” has the meaning given in paragraph 3 of Part 2 of Schedule 23;
“recovery” has the meaning given in paragraph 2 of Part 1 of Schedule 9;
“register” and “registered”, in relation to an exempt facility, have the meanings given in paragraph 1(1) of Schedule 2;
“regulated facility” has the meaning given in regulation 8 Section 2(1)
radioactive waste — a substance or article which is waste, and which satisfies the requirements of paragraph 4, 5 or 6 Schedule 23, Part 2, paragraph 3(1)
radioactive waste adviser — an individual, or group of individuals, with the knowledge, training and experience needed to give radioactive waste management and environmental radiation protection advice in relation to radioactive waste in order to ensure the effective protection of members of the public, and whose competence in that respect is recognised by the regulator;
“sealed source” has the same meaning as in the Basic Safety Standards Directive Schedule 23, Part 4, paragraph 7(2)
railway sanitary convenience — a sanitary convenience or sink forming part of a vehicle used for the carriage of passengers on a railway Schedule 3, Part 1, Chapter 4, paragraph 2(4)
refractory material — material (such as fireclay, silica, magnesite, chrome-magnesite, sillimanite, sintered alumina, beryllia and boron nitride) which is able to withstand high temperatures and to function as a furnace lining or in other similar high temperature applications Schedule 1, Part 2, Chapter 3, paragraph 1
register — the register which the exemption registration authority is required to establish and maintain under paragraph 11(1) Schedule 2, paragraph 1(1)
registered — —
and “registration” is to be construed accordingly;
in relation to a waste operation, that the relevant particulars appear on the register during a valid registration period,
in relation to a water discharge activity, groundwater activity or flood risk activity, that the relevant particulars appear on the register,
“relevant particulars” has the meaning given in paragraph 10(4);
“valid registration period”, for an exempt waste operation, means the period of validity of a registration referred to in paragraph 15(1), as read with paragraph 15(2) Schedule 2, paragraph 1(1)
regular intervals — for the purposes of a regulated facility to which Article 4 applies, intervals of not more than 6 months.
paragraph 3 were omitted Schedule 1A, paragraph 1(6)
regulated facility — any of the following—
an installation;
mobile plant;
a waste operation;
a mining waste operation;
a radioactive substances activity;
a water discharge activity;
a groundwater activity;
a small waste incineration plant;
a solvent emission activity;
a flood risk activity.
a medium combustion plant;
a specified generator Section 8(1)
Regulation (EU) No 493/2012 — Commission Regulation (EU) No 493/2012 laying down, pursuant to Directive 2006/66/EC of the European Parliament and of the Council, detailed rules regarding the calculation of recycling efficiencies of the recycling processes of waste batteries and accumulators Schedule 19, paragraph 2(3)
regulator — the authority on whom functions are conferred by regulation 32, or by a direction under regulation 33 Section 2(1)
regulator — a local authority on which functions are conferred by regulation 32 or by a direction under regulation 33 Section 66(7)
regulator-initiated variation — the variation of an environmental permit on the initiative of the regulator under regulation 20(1);
“relevant function” has the meaning given in regulation 9;
“relevant territorial waters” has the meaning given in section 104(1) of the 1991 Act;
“remote defence” has the meaning given in paragraph 3(3) of Part 1 of Schedule 25 Section 2(1)
related activity — an activity being carried on by the same person at the same site);
the drying of grain or pulses;
any activity for the production of cotton yarn from raw cotton or for the conversion of cotton yarn into cloth;
the drying of green crops;
“food” includes—
drink,
articles and substances of no nutritional value which are used for human consumption, and
articles and substances used as ingredients in the preparation of food Schedule 1, Part 2, Chapter 6, paragraph 1(1)
relevant activity — the sawing, drilling, sanding, shaping, turning, planing, curing or chemical treatment of wood Schedule 1, Part 2, Chapter 6, paragraph 1
relevant application — an application for the grant or variation of an environmental permit in relation to an installation described in sub-paragraph (5) or a Category A mining waste facility;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Schedule 5, Part 1, paragraph 10(4)
relevant British Standards — —
BS EN 378-1:2016+A1:2020 entitled “Refrigerating systems and heat pumps — Safety and environmental requirements, Part 1: Basic requirements, definitions, classification and selection criteria” published by the British Standards Institution on 30th November 2020,
BS EN 378-2:2016 entitled “Refrigerating systems and heat pumps — Safety and environmental requirements, Part 2: Design, construction, testing, marking and documentation” published by the British Standards Institution on 31st December 2016,
BS EN 378-3:2016+A1:2020 entitled “Refrigerating systems and heat pumps — Safety and environmental requirements, Part 3: Installation site and personal protection” published by the British Standards Institution on 30th November 2020,
BS EN 378-4:2016+A1:2019 entitled “Refrigerating systems and heat pumps — Safety and environmental requirements, Part 4: Operation, maintenance, repair and recovery” published by the British Standards Institution on 31st October 2019,
BS EN 805:2000 entitled “Water supply — Requirements for systems and components outside buildings” published by the British Standards Institution and coming into effect on 15th September 2000, and
BS 5930:2015+A1:2020… Schedule 3, Part 3, paragraph 6(3)
relevant directions — the Water Framework Directive (Standards and Classification) Directions (England and Wales) 2015 Schedule 25, Part 2, paragraph 1(5)
relevant directions — the Water Framework Directive (Standards and Classification) Directions (England and Wales) 2015 Schedule 3, Part 4, paragraph 1(5)
relevant environmental permit — an environmental permit which will be affected by the proposed revisions Section 28(4)
relevant function — any of the following functions—
determining an application—
for the grant of an environmental permit under regulation 13(1);
for the variation of an environmental permit under regulation 20(1);
for the transfer of an environmental permit in whole or in part under regulation 21(1);
for the surrender of an environmental permit in whole or in part under regulation 25(2);
varying an environmental permit—
on the initiative of the regulator under regulation 20(1);
in relation to a transfer in whole or in part under regulation 21(1) or (3);
in relation to a partial revocation under regulation 22(1);
in relation to a partial surrender under regulation 24(2) or 25(2);
revoking an environmental permit in whole or in part under regulation 22(1);
exercising the power to serve a notice under Schedule 21 or 25 requiring a person to hold an environmental permit;
exercising the following powers or duty—
any power in relation to standard rules in Chapter 4 of Part 2;
the duty to vary an environmental permit after revocation of standard rules in regulation 30(3);
exercising any of the following powers relating to enforcement—
the power to serve an enforcement notice;
the power to serve a suspension… Section 9
relevant gaseous waste — waste which is described in paragraph 23(1) and disposed of under the exemption in that paragraph Schedule 23, Part 6, paragraph 24(2)
relevant generator — —
an in-scope generator, or
an in-scope generator as refurbished (whether or not substantially refurbished) Schedule 25C, Part 1, paragraph 6(1)
relevant Ground Source Heat Pump Association standards — —
the Closed-loop Vertical Borehole Design, Installation and Materials Standards, issue 1.0, dated 2020 and published by the Ground Source Heat Pump Association,
the Shallow Ground Source Standard, Version 2, dated January 2018 and published by the Ground Source Heat Pump Association, and
the Thermal Pile Design, Installation and Materials Standards, Version 2, dated September 2018 and published by the Ground Source Heat Pump Association Schedule 3, Part 3, paragraph 6(3)
relevant information — —
where the relevant application or regulator-initiated variation relates to an installation described in sub-paragraph (5), a matter in paragraph 1 of Annex IV to the Industrial Emissions Directive;
where it relates to a Category A mining waste facility, the information described in Article 7(2) of the Mining Waste Directive Schedule 5, Part 1, paragraph 10(4)
relevant installation — 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 Schedule 24, paragraph 1(1)
relevant interest — an interest in land out of which rights have been granted pursuant to regulation 15(2) Schedule 5, Part 2, paragraph 1
relevant liquid — a liquid which—
is non-aqueous, or
is classified (or would be so classified in the absence of its radioactivity) under Regulation (EC) No 1272/2008 of the European Parliament and of the Council on classification, labelling and packaging of substances and mixtures as having any of the following hazard classes and hazard categories (as defined in that Regulation)—
acute toxicity: categories 1, 2 or 3,
skin corrosion/irritation: category 1 corrosive, sub-categories: 1A, 1B or 1C, or
hazardous to the aquatic environment: acute category 1 or chronic categories 1 or 2 Schedule 23, Part 2, paragraph 1(1)
relevant period — the period during which the relevant particulars appear on the register Schedule 2, paragraph 14(6)
relevant period — —
in relation to the first period, the period beginning with 7th April 2019 and ending with the end of the period to which the first return relates;
in relation to each subsequent period, the quarter or year (as the case may be) to which the return relates Schedule 9, Part 3, paragraph 2(9)
relevant river — a river or a part of a river which—
is not a part of the sea, and
at the place and time of any disposal into it of aqueous radioactive waste from a sewage disposal works or directly from premises, has a flow-rate which is not less than 1m3s-1 Schedule 23, Part 6, paragraph 1
relevant rules — the standard rules which apply to the standard facility Section 27(4)
relevant samples of waste — samples of waste that are taken—
in the exercise of any power under—
the Control of Pollution Act 1974 ;
section 5 of the Control of Pollution (Amendment) Act 1989 ;
the 1990 Act;
the 1991 Act;
the Water Industry Act 1991 ;
the Waste Electrical and Electronic Equipment Regulations 2013 ;
the Producer Responsibility Obligations (Packaging Waste) Regulations 2007 ;
regulation 88 of the Waste Batteries and Accumulators Regulations 2009 ,
by or on behalf of the holder of an environmental permit,
by or on behalf of a person carrying on in relation to the waste—
an operation described in this Part, or
an excluded waste operation,
by or on behalf of the owner or occupier of the land from which the samples are taken,
by or on behalf of any person to whom section 34(1) or (1A) of the 1990 Act applies in connection with that person's duties under that section,
by or on behalf of any person to whom the Transfrontier Shipment of Waste Regulations 2007 apply in connection with that person's powers under those Regulations, or
for the purposes of research Schedule 3, Part 1, Chapter 4, paragraph 5(2)
relevant sewer — —
and “public sewer”, “disposal main”, “sewage disposal works” and “effluent” have the same meaning as in the Water Industry Act 1991 ;
a public sewer, or
a disposal main which leads to a sewage disposal works that—
has the capacity to handle a minimum of 100m3 of effluent per day, and
discharges treated effluent only to the sea or to a relevant river,
“relevant standard conditions” has the meaning given in paragraph 10;
“sea” includes any area submerged at mean high water springs and also includes, so far as the tide flows at mean high water springs, an estuary or arm of the sea and the waters of any channel, creek, bay or river;
“sealed source” has the same meaning as in the Basic Safety Standards Directive, excluding such a source where it is an electrodeposited source or a tritium foil source Schedule 23, Part 6, paragraph 1
relevant time — immediately before the coming into force of these Regulations Section 70
relevant year — the period of 12 months that commences on the first day of a reporting period Schedule 9, Part 2, Chapter 1, paragraph 1(5)
remote defence — 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) Schedule 25, Part 1, paragraph 3(4)
renewal date — the date that the renewal of a registration takes effect Schedule 2, paragraph 15(6)
reporting period — any of the following periods—
1st January to 31st March;
1st April to 30th June;
1st July to 30th September;
1st October to 31st December Schedule 9, Part 2, Chapter 1, paragraph 2(1)
retail sale — sale to the final customer Schedule 1, Part 2, Chapter 3, paragraph 1
revocation notice — a notice served under regulation 22(3);
“river control works” has the meaning given in paragraph 3(3) of Part 1 of Schedule 25 Section 2(1)
rights — the rights granted by the grantor Schedule 5, Part 2, paragraph 1
river control works — any structure or appliance used for measuring or regulating—
and includes any sluices, flood gates, lashers, valves, paddles, penstocks, locks, weirs, dams, pumps, pumping machinery and pipes;
the level of water in a main river,
the flow of water in, into or out of, a main river, or
the drawing of water from, or the delivering of water into, a main river,
“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 Schedule 25, Part 1, paragraph 3(4)
rule-making authority — —
in relation to a regulated facility for which a local authority is the regulator, the appropriate authority, and
in relation to any other regulated facility, the appropriate agency;
“sea defence” has the meaning given in paragraph 3(3) of Part 1 of Schedule 25;
“sewage effluent” has the meaning given in section 221 of the 1991 Act;
“sewer” has the same meaning as in the 1991 Act Section 2(1)
sealed drainage — a drainage system with an impermeable surface which ensures that—
no liquid will run off the surface otherwise than via the system, and
except where they may be lawfully discharged, all liquids entering the system are collected in a sealed sump Schedule 3, Part 1, Chapter 1, paragraph 1(1)
secondary A aquifer — permeable strata capable of supporting water supplies at a local rather than strategic scale Schedule 3, Part 3, paragraph 7(5)
secondary B aquifer — predominantly lower permeability strata including where they have, in part, the ability to store and yield limited amounts of groundwater by virtue of localised features such as fissures, thin permeable horizons or weathering Schedule 3, Part 3, paragraph 7(5)
secondary containment — a bund or any other system for preventing waste which has leaked from the primary container from escaping from the place where it is stored or treated Schedule 3, Part 1, Chapter 1, paragraph 1(1)
secondary undifferentiated rocks — rock deposits or strata with variable permeability and storage properties which are not consistently a secondary A aquifer or secondary B aquifer Schedule 3, Part 3, paragraph 7(5)
sending undertaker — a sewerage undertaker which discharges sewage effluent into the discharging sewer or other sewer or works vested in the discharging undertaker;
“waste” in the term “waste matter” includes—
anything that is waste for the purposes of the Waste Framework Directive and is not excluded from the scope of that Directive by Article 2(1), (2) or (3) of that Directive;
anything that is waste for the purposes of the Mining Waste Directive and is not excluded from the scope of that Directive by Article 2(2) of that Directive Schedule 21, paragraph 2
service station — any premises where petrol is dispensed to motor vehicle fuel tanks from stationary storage tanks but does not include any service station exclusively used in association with the construction and delivery of new motor vehicles Schedule 1, Part 2, Chapter 1, paragraph 1
SIC code — the UK Standard Industrial Classification of Economic Activities 2007 (SIC 2007) published by the Office for National Statistics on 14th December 2007 and implemented on 1st January 2008 , and
the competent authority is the regulator Schedule 10, paragraph 2(2)
small electrical and electronic equipment — electrical and electronic equipment falling within one of the categories of EEE listed in Schedule 3 to the Waste Electrical and Electronic Equipment Regulations 2013, excluding items with any external dimension of more than 50 centimetres Schedule 10, paragraph 5A(3)
small electrical and electronic equipment — electrical and electronic equipment falling within one of the categories of EEE listed in Schedule 3 to the Waste Electrical and Electronic Equipment Regulations 2013, excluding items with any external dimension of more than 50 centimetres Schedule 9, Part 4, paragraph 1(3)
small waste incineration plant — a waste incineration plant or waste co-incineration plant with a capacity less than or equal to 10 tonnes per day for hazardous waste or 3 tonnes per hour for non-hazardous waste Section 2(1)
solvent emission activity — an activity to which Chapter V of the Industrial Emissions Directive applies;
“specified generator” has the meaning given in paragraph 2(1) of Schedule 25B Section 2(1)
specified generator — —
a generator, other than an excluded generator, with a rated thermal input—
more than or equal to 1 megawatt and less than 50 megawatts, or
in the case of a generator used to meet a capacity agreement or an agreement to provide balancing services, less than 50 megawatts;
where two or more generators falling with paragraph (a)(i) or (ii) are operated—
those generators together, provided that the rated thermal input of those generators together is less than 50 megawatts; or
on the same site,
by the same operator, and
for the same purpose,
where two or more generators, other than excluded generators—
those generators together.
are operated as set out in paragraph (b)(i) to (iii), and
together have a rated thermal input more than or equal to 1 megawatt and less than 50 megawatts, even if one or more of the generators has a rated thermal input of less than 1 megawatt Schedule 25B, paragraph 2(1)
specified groundwater remediation scheme — a remediation scheme which involves the addition of a substance or preparation to groundwater which enhances the rate of remediation of groundwater contaminants;
“water features” includes boreholes, wells, adits, springs, seepage and wetland areas, ponds, lakes and watercourses Schedule 3, Part 3, paragraph 1
specified installation — an installation carrying on any of the following activities for the purposes of generating electricity—
an activity described in Part A(1) of Section 1.1 of Chapter 1 of Part 2 of Schedule 1, or
an activity described in Part A(1) of Section 5.1 of Chapter 5 of Part 2 of Schedule 1 Schedule 25C, Part 1, paragraph 2(4)
specified output material — a batch of material (whether or not waste) that is—
produced from a separating process for ... waste material, and
made up of one or more of the following kinds of material—
glass;
metal;
paper;
card;
plastic;
fibre-based composite material Schedule 9, Part 2, Chapter 1, paragraph 2(1)
sports drink — a drink which is advertised or marketed as a product to enhance physical performance, accelerate recovery after exercise or build bulk, or other similar drink Schedule 9, Part 2, Chapter 1, paragraph 2(1)
stand-alone flood risk activity — a flood risk activity that is not carried on as part of the operation of a regulated facility of another class Section 2(1)
stand-alone groundwater activity — a groundwater activity that is not carried on as part of the operation of a regulated facility of another class Section 2(1)
stand-alone water discharge activity — a water discharge activity that is not carried on as part of the operation of a regulated facility of another class Section 2(1)
standard facility — a regulated facility described in standard rules published under regulation 26(5) Section 2(1)
standard relevant generator — a relevant generator that is a standard facility Schedule 25C, Part 1, paragraph 6(1)
standard rules term — a term of the type mentioned in regulation 27(2) Section 30(4)
statutory order — any order, byelaw, scheme or award made under any enactment, including an order or scheme confirmed by Parliament or the National Assembly for Wales, or brought into operation in accordance with special parliamentary procedure or special procedure in the Assembly Section 2(2)
stored in transit — the storage in the course of transit of radioactive material or radioactive waste but does not include any storage of such material or waste where it is removed from its container;
“Table 4”, “Table 4A”, “Table 5”, “Table 6”, “Table 7” or Schedule 23, Part 6, paragraph 1
substance — any natural or artificial substance, whether in solid or liquid form or in the form of a gas or vapour;
“Table 1”, “Table 2” Schedule 23, Part 2, paragraph 1(1)
substance — any chemical element and its compounds and any biological entity or micro-organism, with the exception of the following substances—
radioactive substances as defined in Article 4 of the Basic Safety Standards Directive;
genetically modified micro-organisms as defined in Article 2(b) of Directive 2009/41/EC of the European Parliament and of the Council on the contained use of genetically modified micro-organisms ;
genetically modified organisms as defined in point 2 of Article 2 of Directive 2001/18/EC of the European Parliament and of the Council on the deliberate release into the environment of genetically modified organisms Schedule 8, paragraph 5(3)
substantial change — a change in operation of an installation which in the regulator's opinion may have significant negative effects on human beings or the environment and includes—
in relation to a Part A installation, a change in operation which in itself meets the thresholds, if any, set out in Part 2 of Schedule 1, and
in relation to a waste incineration plant or waste co-incineration plant for non-hazardous waste, a change in operation which would involve the incineration or co-incineration of hazardous waste Schedule 5, Part 1, paragraph 5(5)
substantially refurbished — subject to sub-paragraph (2)(e), a refurbishment the cost of which exceeds 50% of the investment cost for a new comparable energy plant Schedule 24, paragraph 1(1)
suspension notice — a notice served under regulation 37;
“tidal main river” has the meaning given in paragraph 2(1) of Part 1 of Schedule 25;
“trade effluent” has the meaning given in section 221 of the 1991 Act;
“undertaking”, except in relation to a radioactive substances activity, has the same meaning as in the Waste Framework Directive;
“vessel”, except in Section 2.2 of Chapter 2 of Part 2 of Schedule 1 and in paragraph 14 of Part 2 of Schedule 23, has the same meaning as in the 1991 Act;
“waste”, subject to paragraph (6), and except where otherwise defined—
in relation to Chapter 5 of Part 2 of Schedule 1 and Schedules 13 to 15, 17, 19, 25A and 25B, means anything that—
is waste within the meaning of Article 3(1) of the Waste Framework Directive, as read with Articles 5 and 6 of that Directive, and
is not excluded from the scope of that Directive by Article 2(1)(d) of that Directive;
in any other case means anything that—
is waste within the meaning of Article 3(1) of the Waste Framework Directive, as read with Articles 5 and 6 of that Directive, and
is not excluded from the scope of that Directive by Article 2(1), (2) or (3) of that Directive;
“waste battery” and “accumulator” have the meaning… Section 2(1)
Table 3 — the tables with those numbers in Part 3 of this Schedule;
“undertaking” includes any trade, business or profession and—
in relation to a public or local authority, includes any of the powers or duties of that authority;
in relation to any other body of persons (whether corporate or unincorporate), includes any of the activities of that body;
“waste” should be construed in accordance with paragraph 3(2) Schedule 23, Part 2, paragraph 1(1)
Table 8 — the table with that number in this Part Schedule 23, Part 6, paragraph 1
target material — material (whether of one kind or more) that is identified by the operator of a materials facility as destined (whether by that facility or by other facilities or persons) to be separated out from ... waste material or consolidated in order to produce bulk quantities of that identified material Schedule 9, Part 2, Chapter 1, paragraph 2(1)
terminal — any premises which are used for the storage and loading of petrol into road tankers, rail tankers or inland waterway vessels Schedule 1, Part 2, Chapter 1, paragraph 1
the 1980 Act — the Highways Act 1980 Section 2(1)
the 1990 Act — the Environmental Protection Act 1990 Section 2(1)
the 1991 Act — the Water Resources Act 1991 Section 2(1)
the 1993 Act — the Radioactive Substances Act 1993 Section 2(1)
the 1995 Act — the Environment Act 1995 Section 2(1)
the 2007 Regulations — the Environmental Permitting (England and Wales) Regulations 2007 Section 2(1)
the 2010 Regulations — the Environmental Permitting (England and Wales) Regulations 2010 Section 2(1)
the 2016 Regulations — the Environmental Permitting (England and Wales) Regulations 2016;
for the definition of “competent authority” substitute— Schedule 29, Part 2, paragraph 31(2)
the 2016 Regulations — the Environmental Permitting (England and Wales) Regulations 2016 Schedule 29, Part 2, paragraph 85(2)
the Agency — the Environment Agency Section 2(1)
the Asbestos Directive — Council Directive 87/217/EEC on the prevention and reduction of environmental pollution by asbestos , as read in accordance with paragraph 1 of Schedule 1A Section 3
the Basic Safety Standards Directive — Council Directive 2013/59/Euratom laying down basic safety standards for the protection against the dangers arising from exposure to ionising radiation, as read in accordance with paragraph 2 of Schedule 1A Section 3
the Batteries Directive — Directive 2006/66/EC of the European Parliament and of the Council on batteries and accumulators and waste batteries and accumulators , as last amended by Directive (EU) 2018/849, as read in accordance with paragraph 3 of Schedule 1A Section 3
the consultation communication period — a period of 30 working days starting on the day the regulator receives a duly-made application Schedule 5, Part 1, paragraph 7(1)
the Decision — Council Decision 2003/33/EC Schedule 10, paragraph 2(1)
the Decision Annex — the Annex to the Decision, and
“landfill” has the meaning given in Article 2(g) of the Landfill Directive, but does not include any operation excluded from the scope of that Directive by Article 3(2) or (3) Schedule 10, paragraph 2(1)
the dredging and removal of silt and sand requirements — the document published by the Agency on 1st February 2016 entitled “Dredging and the removal of silt and sand from main rivers as a flood risk activity under the Environmental Permitting Regulations” Schedule 3, Part 4, paragraph 1(5)
the End-of-Life Vehicles Directive — Directive 2000/53/EC of the European Parliament and of the Council on end-of-life vehicles , as last amended by Commission Delegated Directive (EU) 2020/363, as read in accordance with paragraph 4 of Schedule 1A Section 3
the Energy Efficiency Directive — Directive 2012/27/EU of the European Parliament and of the Council on energy efficiency , as read in accordance with paragraph 5 of Schedule 1A;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Section 3
the excluded period — the period—
beginning at the relevant start time, and
ending at the time that there is an increase in the radiation exposure of the public or of any plant or animal which is caused by the substance or article being subject to a process after the relevant start time Schedule 23, Part 2, paragraph 10(2)
the Industrial Emissions Directive — Directive 2010/75/EU of the European Parliament and of the Council on industrial emissions (integrated pollution prevention and control) , as read in accordance with paragraph 6 of Schedule 1A Section 3
the information subject — the person to whom information relates Section 45
the Landfill Directive — Council Directive 1999/31/EC on the landfill of waste , as last amended by Directive (EU) 2018/850, as read with Council Decision 2003/33/EC establishing criteria and procedures for the acceptance of waste at landfills pursuant to Article 16 of, and Annex II to, Directive 1999/31/EC , and in accordance with paragraph 7 of Schedule 1A Section 3
the MCPD — the Medium Combustion Plant Directive Schedule 25A, Part 1, paragraph 2(1)
the Medium Combustion Plant Directive — Directive 2015/2193/EU of the European Parliament and of the Council on the limitation of emissions of certain pollutants into the air from medium combustion plants, as read in accordance with paragraph 8 of Schedule 1A Section 3
the Mining Waste Directive — Directive 2006/21/EC of the European Parliament and of the Council on the management of waste from extractive industries , as read in accordance with paragraph 9 of Schedule 1A Section 3
the NRBW — the Natural Resources Body for Wales;
“net rated thermal input” has the meaning given in paragraph 1(1) of Part 1 of Schedule 1;
“non-hazardous waste”, subject to paragraph (7), means waste which is not hazardous waste;
“non-tidal main river” has the meaning given in paragraph 2(1) of Part 1 of Schedule 25;
“nuclear site”, in relation to a radioactive substances activity, has the meaning given in paragraph 1 of Part 2 of Schedule 23;
“operate a regulated facility” and “operator” have the meaning given in regulation 7 Section 2(1)
the relevant period — a period, calculated in accordance with paragraph 16, of—
or in any case, a longer period than the period in paragraphs (a) to (d), if it is agreed by the regulator and the applicant.
in the case of an application for the transfer of an environmental permit in whole or in part, 2 months,
in the case of an application for the grant or variation, in whole or in part, of an environmental permit relating to a stand-alone flood risk activity only, 2 months,
in a case where paragraph 6 applies, 4 months, or
in any other case, 3 months Schedule 5, Part 1, paragraph 15(3)
the relevant person — —
an operator,
an establishment or undertaking carrying on an exempt waste operation, or
a person carrying on a water discharge activity or groundwater activity Section 57(6)
the Waste Framework Directive — Directive 2008/98/EC of the European Parliament and of the Council on waste , as last amended by Directive (EU) 2018/851, and as read in accordance with paragraph 12 of Schedule 1A Section 3
the Water Framework Directive — Directive 2000/60/EC of the European Parliament and of the Council establishing a framework for Community action in the field of water policy , as read in accordance with paragraph 13 of Schedule 1A Section 3
the WEEE Directive — Directive 2012/19/EU of the European Parliament and of the Council on waste electrical and electronic equipment (WEEE) , as last amended by Directive (EU) 2018/849 , as read in accordance with paragraph 14 of Schedule 1A Section 3
the WFD Regulations — the Water Environment (Water Framework Directive) (England and Wales) Regulations 2017 Section 2(1)
throughput — the amount of wood which is subjected to a relevant activity, but where wood is subject to two or more relevant activities at the same works, the second and any subsequent activity is to be ignored;
“wood” includes any product consisting wholly or mainly of wood;
“works” includes a sawmill or any other premises where relevant activities are carried on Schedule 1, Part 2, Chapter 6, paragraph 1
tidal main river — that part of a main river downstream of the normal tidal limit Schedule 25, Part 1, paragraph 2(1)
Tranche A generator — a generator—
provided that a generator ceases to be a Tranche A generator if it is the subject of a capacity agreement, or an agreement for provision of balancing services, where that agreement is entered into after 31st October 2017 and remains in force after 31st December 2018;
with a rated thermal input equal to or greater than 1 megawatt and less than 50 megawatts—
which came into operation before 1st December 2016,
which is the subject of a capacity agreement arising from the 2014 or 2015 capacity auctions (whether or not the generator came into operation before 1st December 2016), or
for which a Feed-in Tariff preliminary accreditation application was received by the Gas and Electricity Markets Authority before 1st December 2016;
with a rated thermal input of less than 1 megawatt—
which is the subject of a capacity agreement arising from the 2014, 2015 or 2016 capacity auctions (whether or not the generator came into operation before 1st December 2016),
for which a Feed-in Tariff preliminary accreditation application was received by the Gas and Electricity Markets Authority before 1st December 2017; or
which is the subject of an agreement to provide balancing services… Schedule 25B, paragraph 3(3)
Tranche B generator — any generator which is not a Tranche A generator or an excluded generator (and includes a specified generator which has ceased to be a Tranche A generator) Schedule 25B, paragraph 3(3)
transfer date — —
in relation to a medium combustion plant, the date specified in paragraph 1(a) or (b) of Schedule 25A, as appropriate,
in relation to a specified generator, the “permitting date” described in paragraph 3(2) of Schedule 25B Section 32(5C)
transmission system operator — the person operating the national transmission system for Great Britain;
any reference to emissions expressed in mg/Nm3 is to those emissions defined in accordance with the first paragraph of Annex II of the Medium Combustion Plant Directive Schedule 25B, paragraph 4
type 1 NORM industrial activity — —
the production and use of thorium, or thorium compounds, and the production of products where thorium is deliberately added, or
the production and use of uranium or uranium compounds, and the production of products where uranium is deliberately added Schedule 23, Part 2, paragraph 2(1)
type 1 NORM waste — NORM waste which—
has a concentration of radioactivity that does not exceed the value specified in column 2 of Table 4A; and
is not waste to which sub-paragraph (4) applies Schedule 23, Part 6, paragraph 2(2)
type 2 NORM industrial activity — —
the extraction and production of rare earth elements and rare earth element alloys,
the mining and processing of ores other than uranium ore,
the production of oil and gas,
the removal and management of radioactive scales and precipitates from equipment associated with industrial activities,
any industrial activity utilising phosphate ore,
the manufacture of titanium dioxide pigments,
the extraction and refining of zircon and manufacture of zirconium compounds,
the production of tin, copper, aluminium, zinc, lead and iron and steel,
any activity related to coal mine de-watering plants,
china clay extraction,
water treatment associated with provision of drinking water, ...
geothermal energy production, or
the remediation of contamination from any type 1 NORM industrial activity or any of the activities listed above Schedule 23, Part 2, paragraph 2(1)
type 2 NORM waste — NORM waste which has a concentration of radioactivity that exceeds the value specified in column 2 of Table 4A Schedule 23, Part 6, paragraph 2(2)
unauthorised flood risk activity — 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 Schedule 25, Part 1, paragraph 2(1)
underground disposal — —
and does not include the disposal of radioactive waste in a facility which is beneath the surface of the ground only by virtue of the placing of rocks or soil above it.
the disposal of solid radioactive waste in an engineered facility, or in part of an engineered facility, which is beneath the surface of the ground, and
where the natural environment which surrounds the facility acts, in combination with any engineered measures, to inhibit the transit of radionuclides from the facility to the surface Schedule 23, Part 2, paragraph 11(7)
unproductive strata — geological strata which—
have a low permeability that has negligible significance for water supply or river base flow, and
consist of deposits that naturally offer protection to any aquifers that may be present beneath Schedule 3, Part 3, paragraph 7(5)
unsold — an unused consumer product, in a factory, retail premises, wholesaler, warehouse or other premises, that has not been sold to a consumer or has been sold and returned by a consumer Schedule 9, Part 4, paragraph 1(3)
uranium or thorium compound — a substance or article which is radioactive material or radioactive waste solely because it is or contains metallic uranium or thorium or prepared compounds of uranium or thorium, and in respect of which metal or compound the proportion of—
U-235 in the uranium it contains is no more than 0.72% by mass, and
any isotope of thorium it contains is present in the isotopic proportions found in nature Schedule 23, Part 6, paragraph 1
using — borrowed from another act; this instrument states no meaning of its own Schedule 1A, paragraph 1
variation application — an application for a variation of an environmental permit under regulation 20(1) Schedule 25C, paragraph 8(4)
vehicle — any motor vehicle Schedule 1A, paragraph 4(3)
waste — waste within the meaning of Article 3(1) of the Waste Framework Directive, as read with Articles 5 and 6 of that Directive Schedule 11, paragraph 2(1)
waste — borrowed from another act; this instrument states no meaning of its own Schedule 1A, paragraph 14(4)
waste — borrowed from another act; this instrument states no meaning of its own Schedule 1A, paragraph 4(3)
waste co-incineration plant — a stationary or mobile technical unit whose main purpose is the generation of energy or production of material products and which uses waste as a regular or additional fuel or in which waste is thermally treated for the purpose of disposal through the incineration by oxidation of waste as well as other thermal treatment processes, such as pyrolysis, gasification or plasma process, if the substances resulting from the treatment are subsequently incinerated Section 2(1)
waste incineration plant — a stationary or mobile technical unit and equipment dedicated to the thermal treatment of waste, with or without recovery of the combustion heat generated, through the incineration by oxidation of waste as well as other thermal treatment processes, such as pyrolysis, gasification or plasma process, if the substances resulting from the treatment are subsequently incinerated Section 2(1)
waste management licence — a licence granted under section 35 of the 1990 Act Section 74(2)
waste management plan — a plan of the type described in Article 5(1) of the Mining Waste Directive which has the objectives in Article 5(2) and contains the elements and information set out in Article 5(3) of that Directive Schedule 20, paragraph 2(1)
waste material — waste that—
is household waste, or originates from a source other than household waste but is similar to household waste in terms of its nature or composition,
has been separately collected (whether as a single kind of material or two or more kinds of material mixed together) for the primary purpose of preparing it for re-use or recycling, and
consists (whether wholly or in part) of any of the following kinds of material—
glass;
metal;
paper;
card;
plastic;
fibre-based composite material Schedule 9, Part 2, Chapter 1, paragraph 2(1)
waste mobile plant — plant that is—
designed to move or be moved whether on roads or other land,
used to carry on a waste operation, and
not an installation or Part B mobile plant Section 2(1)
waste motor vehicle — a motor vehicle that is waste Schedule 11, paragraph 2(1)
waste oil — mineral-based lubricating or industrial oil which has become unfit for the use for which it was originally intended and, in particular, used combustion engine oil, gearbox oil, mineral lubricating oil, oil for turbines and hydraulic oil Section 2(1)
waste operation — recovery or disposal of waste;
“watercourse” has the meaning given in paragraph 2(1) of Part 1 of Schedule 25;
“water discharge activity” has the meaning given in paragraph 3 of Schedule 21;
“WEEE” has the meaning given in Article 3(1)(e) of the WEEE Directive Section 2(1)
waste permitted person — in relation to the radioactive waste where the term appears, a person who holds—
an environmental permit to carry on the radioactive substances activity described in paragraph 11(2)(b) or (c) of Part 2 of this Schedule, or
in respect of premises in Scotland or Northern Ireland, an authorisation under section 13 or 14 of the 1993 Act Schedule 23, Part 6, paragraph 1
water discharge activity — any of the following—
the discharge or entry to inland freshwaters, coastal waters or relevant territorial waters of any—
poisonous, noxious or polluting matter,
waste matter, or
trade effluent or sewage effluent;
the discharge from land through a pipe into the sea outside the seaward limits of relevant territorial waters of any trade effluent or sewage effluent;
the removal from any part of the bottom, channel or bed of any inland freshwaters of a deposit accumulated by reason of any dam, weir or sluice holding back the waters, by causing it to be carried away in suspension in the waters, unless the activity is carried on in the exercise of a power conferred by or under any enactment relating to land drainage, flood prevention or navigation;
the cutting or uprooting of a substantial amount of vegetation in any inland freshwaters or so near to any such waters that it falls into them, where it is not reasonable to take steps to remove the vegetation from these waters;
an activity in respect of which a notice under paragraph 4 or 5 has been served and has taken effect Schedule 21, paragraph 3(1)
water features survey — a survey of all water features within 1 kilometre of the proposed activity that may be affected by it Schedule 3, Part 3, paragraph 1
WEEE operation — a waste operation falling within a description in paragraph T11 Schedule 2, paragraph 1(1)
week — any period of 7 consecutive days Schedule 23, Part 6, paragraph 1
working day — a day other than—
a Saturday or a Sunday,
Good Friday or Christmas Day, or
a day which is a bank holiday under the Banking and Financial Dealings Act 1971 Section 2(1)
year — a calendar year Schedule 23, Part 6, paragraph 1