The Environmental Permitting (England and Wales) Regulations 2016 – coming into force on 1st January 2017.

These Regulations will provide a consolidated system of environmental permitting in England and Wales. They will replace and revoke SI 2010/675, with exception of Regulations 1, 67 and 107, and amending legislation.

Part 1 contains general provisions, in particular interpretation. Particularly of note is the introduction of the “regulated facility”, defined in Regulation 8, which may only be operated under the authority of an environmental permit. Included in the definition are installations, mobile plants, waste operations, mining waste operations, radioactive substances activities, water discharge activities and groundwater activities.

Part 2 sets out the procedures in relation to the granting, variation and surrender of environmental permits. Regulations in Part 2 cover aspects such as compensation to third parties (Reg 15), the authorisation of more than one regulated facility by the same permit (Reg 17), the consolidation of separate permits (Reg 18), the revocation of a permit on the initiative of the regulator (Regs 22 & 23). the surrender of a permit by notification (Reg 24), the preparation of standard rules (regs 26 to 30) and the carrying out of appeals (Reg 31).

Part 3 describes the responsibilities of the regulators with respect to such permits. Part 4 covers enforcement and Part 5 public registers. Part 6 confers powers on the regulator and Part 7 covers miscellaneous and transitional provisions, savings, consequential amendments and revocations.