The Pollution Prevention and Control (England and Wales) (Amendment) (Wales) Regulations 2006
Welsh Statutory Instrument 2006 No. 2802 — creates 1 criminal offence.
- Made
- 17 October 2006
- In force from
- 25 October 2006
- Extent
- Not stated
- Subject
- Health and safety, environment, waste and fisheries
- Made under
- Pollution Prevention and Control Act 1999
Explanatory note
(This note is not part of the Regulations) — published with the instrument by the department that made it. © Crown copyright, reused under the Open Government Licence v3.0.
These Regulations amend the Pollution Prevention and Control (England and Wales) Regulations 2000 (S.I. 2000/1973) (“the PPC Regulations”) in relation to Wales. Regulation 2(2) increases the maximum penalty a Magistrates' court may impose under regulation 32(2)(a) of the PPC Regulations in respect of offences committed after section 154(1) of the Criminal Justice Act 2003 (which limits a Magistrates' court’s power to impose imprisonment) is brought into force. Regulation 2(3)(a) amends part B of section 1.2 (Gasification, Liquefaction and Refining Activities) of Schedule 1 to the PPC Regulations by adding motor vehicle refuelling activities to the list of activities that require a permit under the PPC Regulations. This meets a UK obligation arising from the UN Economic Committee for Europe Geneva Protocol to the 1979 Convention on Long-Range Transboundary Air Pollution Concerning the Control of Emissions of Volatile Organic Compounds or their Transboundary Fluxes. This Protocol entered into force on 29 September 1997 following its adoption in November 1991. The Protocol can be seen on the UNECE website at www.unece.org. Regulation 2(3)(b) amends Section 5.1 (Incineration and Co-incineration of waste) of Schedule 1 to the PPC Regulations by clarifying that incineration incidentally in the course of burning of landfill gas is not subject to permission under the PPC Regulations. Regulation 2(3)(c) corrects a drafting error in Part B of section 7 (SED Activities) of Schedule 1 to the PPC Regulations. Regulation 2(4) amends Schedule 3 (Prescribed Date and Transitional Arrangements) to the PPC Regulations to exempt certain operators of coin-operated dry cleaning machines who choose not to make an application for a permit before 31 October 2006 from the permit requirements of the Solvent Emissions Directive 1999/13/EC on the basis that the operators agree to cease carrying-out operations that fall within the scope of that Directive at the installation before the 31 October 2007.
Offences created by this instrument
- Where sub-paragraph (1) applies, the operator of an existing SED installation shall be relieved of the requirement to… regulation 2(4)(a)(ii) · Status not determined · Strict liability
What Parliament said about it
Hansard was searched for this instrument by name and returned nothing. That is the ordinary outcome: an instrument laid under the negative procedure is usually never debated, and becomes law without a word said about it in either House.
How Parliament handled it
Parliament's Statutory Instruments service records procedure from May 2017 onwards, and this instrument predates it. That is a limit of the source, not a statement that nothing happened.
Check the source
- This instrument on legislation.gov.uk The authoritative text, including amendments made since
- Other instruments from 2006