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The Secretary of State, in exercise of the powers conferred on him by section 2 of the Pollution Prevention and Control Act 1999[1], having, in accordance with subsection (4) of that section, consulted the Environment Agency, such bodies or persons appearing to him to be representative of the interests of local government, industry, agriculture and small businesses respectively as he considers appropriate and such other bodies and persons as he considers appropriate, hereby makes the following Regulations: Citation, commencement and extent 1. - (1) These Regulations may be cited as the Pollution Prevention and Control (England and Wales) (Amendment) Regulations 2001 and shall come into force on 1st April 2001. (2) These Regulations extend to England and Wales only. (3) For the purposes of paragraph (2), "England and Wales" includes the territorial waters adjacent to England and Wales. Amendment of the Pollution Prevention and Control (England and Wales) Regulations 2000 2. - (1) The Pollution Prevention and Control (England and Wales) Regulations 2000[2] shall be amended as follows. (2) In Part 1 of Schedule 1 -
(b) Unless falling within Part A(1) of Section 2.1 or 2.2, grinding metallurgical slag in plant with a grinding capacity of more than 250,000 tonnes in any period of 12 months.";
(b) in Section 3.5, for Part A(2) substitute -
(c) in Section 6.1 for Part A(2) substitute -
(d) in paragraph (a) of Part B of Section 6.6, for "Manufacturing" substitute "Unless falling within Part A(2) of Section 6.1, manufacturing";
(ii) synthetic organic elastomers; (iii) other substances mixed with them."; and
(f) in paragraph (v) of the definition of "exempt activity" in the Interpretation of Section 6.8 for "Section 4.2" substitute "Section 4.1".
(3) In the Table in paragraph 2(2) of Part 1 of Schedule 3 add entries to show that the relevant period -
(b) for an activity falling within Part A(2) of Section 3.5, is 1st April 2002 to 30th June 2002; (c) for an activity falling within Part A(2) of Section 6.1, is 1st April 2002 to 30th June 2002; and (d) for an activity falling within Part A(2) of Section 6.7, is 1st April 2003 to 30th June 2003.
(4) In Part 2 of Schedule 4 -
(b) in paragraph 9(1)(d), for "a Part A installation or a Part B installation" substitute "an installation or Part A mobile plant".
(5) In Schedule 10 -
(b) in paragraph 29 of Part 2, for "regulation 30(1)" substitute "regulation 32(1)".
Transitional provisions
(ii) in sub-paragraph (2) for "1st January 2001" there were substituted "1st April 2001";
(c) in paragraph 6 -
(b) an installation or mobile plant which is put into operation on or after that date if -
(ii) an application for such authorisation was duly made before that date;"
(ii) in the definition of "new" for "31st October 1999" there were substituted "1st April 2001";
(2) Where an application for a permit is made before 1st April 2001 in relation to a Part A(1) installation or Part A(1) mobile plant and by virtue of these Regulations the installation or mobile plant becomes a Part A(2) installation or Part A(2) mobile plant, anything duly done by or in relation to the application (including the grant of a permit) shall be treated as if it had been duly done in relation to an application for a permit made on or after that date. (This note is not part of the Regulations) These Regulations amend the Pollution Prevention and Control (England and Wales) Regulations 2000. Regulation 2(2) provides for certain activities listed in Part 1 of Schedule 1 to those Regulations to be moved from one Section or Part of a Section to another Section or Part of a Section and makes a minor amendment to the definition of exempt activity in paragraph (v) of Section 6.8. Regulation 2(3) prescribes the relevant periods for the purposes of paragraph 2(1) of Part 1 of Schedule 3 of those Regulations for existing installations or mobile plant which as a result of the regulations fall within Part A(2) of Sections 3.1, 3.5, 6.1 and 6.7 in Part 1 of Schedule 1. Regulation 2(4) and (5) amend paragraph 9(1)(b)(iii) and (d) of Part 2 of Schedule 4, and paragraph 21 of Part 1 and paragraph 29 of Part 2 of Schedule 10, to those Regulations to correct minor errors. Regulation 3(1) makes transitional provisions for installations and mobile plant which as a result of the regulations are Part A installations or Part A mobile plant but which would otherwise have been Part B installations or Part B mobile plant. Regulation 3(2) makes transitional provisions for installations and mobile plant which as a result of the regulations fall within Part A(2) of any Section in Part 1 of Schedule 1 but would otherwise have fallen within Part A(1) of any Section in Part 1 of that Schedule. Notes: [1] 1999 c. 24; the Secretary of State can exercise these powers only in relation to England and Wales see section 53 of the Scotland Act 1998 (c. 46) and section 5(3) of the Pollution Prevention and Control Act 1999.back
ISBN 0 11 028808 4
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