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ENVIRONMENTAL PROTECTION ACT 1990

UK Public General Acts

Version 05/05/2010

1990 CHAPTER 43

Default Geographical Extent: E+W+S


  • Part I (E+W+S+N.I.). Integrated Pollution Control and Air Pollution Control by Local Authorities
    • Preliminary (E+W+S+N.I.)
    • Authorisations
    • Enforcement
    • Publicity
    • Provisions as to offences
    • Authorisations and other statutory controls
  • Part II (E+W+S+N.I.). Waste on Land
    • Preliminary
    • Prohibition on unauthorised or harmful depositing, treatment or disposal of waste
    • Duty of care etc. as respects waste
    • Offences under sections 33 and 34: powers of seizure etc (E+W)
    • Waste Management Licences
    • Integrated waste management plans: Scotland (S)
    • Collection, disposal or treatment of controlled waste
    • Waste reduction schemes (E+W)
    • Hazardous waste] and non-controlled waste (E+W+S+N.I.)
    • Powers of waste collection authority or waste disposal authority in relation to generation of controlled waste
    • Publicity
    • Supervision and enforcement
    • Supplemental
  • Part IIA. Contaminated Land
  • Part III. Statutory Nuisances and Clean Air
    • Statutory nuisances F376 . . .
    • Statutory nuisances: Scotland
    • Termination of existing controls over offensive trades and businesses
    • Application to gases of certain Clean Air Act provisions
  • Part IV. Litter Etc
    • Provisions relating to litter
    • Abandoned trolleys
  • Part V (E+W+S+N.I.). Amendment of the Radioactive Substances Act 1960
  • Part VI (E+W+S+N.I.). Genetically Modified Organisms
    • Preliminary (E+W+S+N.I.)
    • General controls (E+W+S+N.I.)
    • Consents (E+W+S+N.I.)
    • Inspectors (E+W+S+N.I.)
    • Enforcement powers and offences (E+W+S+N.I.)
    • Publicity (E+W+S+N.I.)
    • Supplementary (E+W+S+N.I.)
  • Part VII. Nature Conservation in Great Britain and Countryside Matters in Wales
    • New Councils for England, Scotland and Wales
    • Countryside matters
    • Nature conservation in Great Britain
    • Transfer of property, rights and liabilities to new Councils
    • Employment by new Councils of staff of existing bodies
    • Dissolution of Nature Conservancy Council
    • Transitional provisions and savings
  • Part VIII (E+W+S+N.I.). Miscellaneous
    • Other controls on substances, articles or waste (E+W+S+N.I.)
    • Pollution at sea (E+W+S+N.I.)
    • Control of Dogs
    • Straw and stubble burning
    • Environmental expenditure (E+W+S+N.I.)
  • Part IX (E+W+S+N.I.). General
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Introductory Text

Environmental Protection Act 1990

1990 CHAPTER 43

An Act to make provision for the improved control of pollution arising from certain industrial and other processes; to re-enact the provisions of the Control of Pollution Act 1974 relating to waste on land with modifications as respects the functions of the regulatory and other authorities concerned in the collection and disposal of waste and to make further provision in relation to such waste; to restate the law defining statutory nuisances and improve the summary procedures for dealing with them, to provide for the termination of the existing controls over offensive trades or businesses and to provide for the extension of the Clean Air Acts to prescribed gases; to amend the law relating to litter and make further provision imposing or conferring powers to impose duties to keep public places clear of litter and clean; to make provision conferring powers in relation to trolleys abandoned on land in the open air; to amend the Radioactive Substances Act 1960; to make provision for the control of genetically modified organisms; to make provision for the abolition of the Nature Conservancy Council and for the creation of councils to replace it and discharge the functions of that Council and, as respects Wales, of the Countryside Commission; to make further provision for the control of the importation, exportation, use, supply or storage of prescribed substances and articles and the importation or exportation of prescribed descriptions of waste; to confer powers to obtain information about potentially hazardous substances; to amend the law relating to the control of hazardous substances on, over or under land; to amend section 107(6) of the Water Act 1989 and sections 31(7)(a), 31A(2)(c)(i) and 32(7)(a) of the Control of Pollution Act 1974; to amend the provisions of the Food and Environment Protection Act 1985 as regards the dumping of waste at sea; to make further provision as respects the prevention of oil pollution from ships; to make provision for and in connection with the identification and control of dogs; to confer powers to control the burning of crop residues; to make provision in relation to financial or other assistance for purposes connected with the environment; to make provision as respects superannuation of employees of the Groundwork Foundation and for remunerating the chairman of the Inland Waterways Amenity Advisory Council; and for purposes connected with those purposes.

[1st November 1990]

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

Annotations:

Modifications etc. (not altering text)

C1 Act modified (13.4.1998) by S.I. 1998/767, reg. 3(4).

C2 Act (with exceptions specified in the affecting S.I.): functions transferred (1.7.1999) by virtue of S.I. 1999/672, art. 2, Sch. 1 (as amended (15.12.2006) by S.I. 2006/3334, art. 2, Sch.)

C3 Act applied (with modifications) (13.7.2004) by London Local Authorities Act 2004 (c. i), ss. 1(1), 28(3)

C4 Act modified (31.5.2007) (temp.) by The St. Mary's (Isles of Scilly) Harbour Revision Order 2007 (S.I. 2007/1554), art. 17(1)


Part I (E+W+S+N.I.)
Integrated Pollution Control and Air Pollution Control by Local Authorities



Annotations:

Modifications etc. (not altering text)

C5 Pt. I (ss. 1-28) modified (1.5.1994) by S.I. 1994/1056, reg. 1(3), 19, Sch. 4 Pt. I para.8

Pt. I (ss. 1-24): functions of River Purification Authorities tranferred (12.10.1995) to SEPA by 1995 c. 25, s. 21(1)(a)(iii)(with ss. 7(6), 115, 117); S.I. 1995/2649, art.2

Pt. I (ss. 1-24): functions of Chief Inspector for Scotland transferred (12.10.1995) to SEPA by 1995 c. 25, s. 21(1)(d)(with ss. 7(6), 115, 117); S.I. 1995/2649, art.2

Pt. I (ss. 1-24): functions of Local Authorities transferred (12.10.1995) to SEPA by 1995 c. 25, s. 21(1)(h)(with ss. 7(6), 115, 117); S.I. 1995/2649, art.2

Pt. I (ss. 1-28): functions of the Chief Inspector for England and Wales transferred (1.4.1996) to The Environment Agency by 1995 c. 25, s. 2(1)(d)(with ss. 7(6), 115, 117); S.I. 1996/186, art.3

Pt. I (ss. 1-28) modified (1.2.1996) by 1995 c. 25, s. 5(5)(e)(with s. 115, 117); S.I. 1996/186, art.2

Pt. I (ss. 1-28) modified (1.4.1996) by 1995 c. 25, s. 33(5)(e)(with ss. 7(6), 115, 117); S.I. 1996/186, art.3

Pt. I (ss. 1-28): power to make corresponding provisions conferred (27.7.1999) by 1999 c. 24, s. 2, Sch. 1 Pt. I para. 20(1)(a)


Preliminary (E+W+S+N.I.)


1 Preliminary.

(1) The following provisions have effect for the interpretation of this Part.

(2) The “environment” consists of all, or any, of the following media, namely, the air, water and land; and the medium of air includes the air within buildings and the air within other natural or man-made structures above or below ground.

(3) “Pollution of the environment” means pollution of the environment due to the release (into any environmental medium) from any process of substances which are capable of causing harm to man or any other living organisms supported by the environment.

(4) “Harm” means harm to the health of living organisms or other interference with the ecological systems of which they form part and, in the case of man, includes offence caused to any of his senses or harm to his property; and “harmless” has a corresponding meaning.

(5) “Process” means any activities carried on in Great Britain, whether on premises or by means of mobile plant, which are capable of causing pollution of the environment and “prescribed process” means a process prescribed under section 2(1) below.

(6) For the purposes of subsection (5) above— “activities” means industrial or commercial activities or activities of any other nature whatsoever (including, with or without other activities, the keeping of a substance) ; “Great Britain” includes so much of the adjacent territorial sea as is, or is treated as, relevant territorial waters for the purposes of [F1 Part III of the Water Resources Act 1991] or, as respects Scotland, Part II of the M1 Control of Pollution Act 1974; and “mobile plant” means plant which is designed to move or to be moved whether on roads or otherwise.

(7) The “enforcing authority”, in relation to England and Wales, is [F2 the Environment Agency or the local authority by which] , under section 4 below, the functions conferred or imposed by this Part otherwise than on the Secretary of State are for the time being exercisable in relation respectively to releases of substances into the environment or into the air; and “local enforcing authority” means any such local authority.

[F3 (8) In relation to Scotland, references to the “enforcing authority” and a “local enforcing authority” are references to the Scottish Environment Protection Agency (in this Part referred to as “SEPA”).]

(9) “Authorisation” means an authorisation for a process (whether on premises or by means of mobile plant) granted under section 6 below; and a reference to the conditions of an authorisation is a reference to the conditions subject to which at any time the authorisation has effect.

(10) A substance is “released” into any environmental medium whenever it is released directly into that medium whether it is released into it within or outside Great Britain and “release” includes—

(a) in relation to air, any emission of the substance into the air;
(b) in relation to water, any entry (including any discharge) of the substance into water;
(c) in relation to land, any deposit, keeping or disposal of the substance in or on land;
and for this purpose “water” and “land” shall be construed in accordance with subsections (11) and (12) below.
(11) For the purpose of determining into what medium a substance is released—

(a) any release into—
(i) the sea or the surface of the seabed,
(ii) any river, watercourse, lake, loch or pond (whether natural or artificial or above or below ground) or reservoir or the surface of the riverbed or of other land supporting such waters, or
(iii) ground waters,
is a release into water;
(b) any release into—
(i) land covered by water falling outside paragraph (a) above or the water covering such land; or
(ii) the land beneath the surface of the seabed or of other land supporting waters falling within paragraph (a) (ii) above,
is a release into land; and
(c) any release into a sewer (within the meaning of [F4 the Water Industry Act 1991] or, in relation to Scotland, of the M2 Sewerage (Scotland) Act 1968) shall be treated as a release into water;
but a sewer and its contents shall be disregarded in determining whether there is pollution of the environment at any time.
(12) In subsection (11) above “ground waters” means any waters contained in underground strata, or in—

(a) a well, borehole or similar work sunk into underground strata, including any adit or passage constructed in connection with the well, borehole or work for facilitating the collection of water in the well, borehole or work; or
(b) any excavation into underground strata where the level of water in the excavation depends wholly or mainly on water entering it from the strata.
(13) “Substance” shall be treated as including electricity or heat and “prescribed substance” has the meaning given by section 2(7) below.

[F5 (14) In this Part “the appropriate Agency” means—

(a) in relation to England and Wales, the Environment Agency; and
(b) in relation to Scotland, SEPA.]
Annotations:

Amendments (Textual)

F1 Words in s. 1(6) substituted (1. 12. 1991) by Water Consolidation (Consequential Provisions) Act 1991 (c. 60, SIF 130), ss. 2, 4(1), Sch. 1 para. 56(1)(a)

F2 Words in s. 1(7) substituted (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 45(2)(with ss. 7(6), 115, 117); S.I. 1996/186, art.3

F3 S. 1(8) substituted (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 45(3)(with ss. 7(6), 115, 117); S.I. 1996/186, art.3

F4 Words in s. 1(11)(c) substituted (1. 12. 1991) by Water Consolidation (Consequential Provisions) Act 1991 (c. 60, SIF 130), ss. 2, 4(2), Sch. 1 para. 56(1)(b)

F5 S. 1(14) added (1.4.1996) by virtue of 1995 c. 25, s. 120(1), Sch. 22 para. 45(4)(with ss. 7(6), 115, 117); S.I. 1996/186, art.3

Modifications etc. (not altering text)

C6 Definitions in s. 1 applied (E.W.) (1. 12. 1991) by Water Industry Act 1991 (c. 56, SIF 130), ss. 138(4)(a), 223 (with ss. 82(3), 186(1), 222(1), Sch. 14 para. 6)

S. 1 applied (1.3.1996) by 1986 c. 44, s. 4 (as substituted (1.3.1996) by 1995 c. 45, s. 1; S.I. 1996/218, art. 2)

Marginal Citations

M1 1974 c. 40.

M2 1968 c. 47.


2 Prescribed processes and prescribed substances.

(1) The Secretary of State may, by regulations, prescribe any description of process as a process for the carrying on of which after a prescribed date an authorisation is required under section 6 below.

(2) Regulations under subsection (1) above may frame the description of a process by reference to any characteristics of the process or the area or other circumstances in which the process is carried on or the description of person carrying it on.

(3) Regulations under subsection (1) above may prescribe or provide for the determination under the regulations of different dates for different descriptions of persons and may include such transitional provisions as the Secretary of State considers necessary or expedient as respects the making of applications for authorisations and suspending the application of section 6(1) below until the determination of applications made within the period allowed by the regulations.

(4) Regulations under subsection (1) above shall, as respects each description of process, designate it as one for central control or one for local control.

(5) The Secretary of State may, by regulations, prescribe any description of substance as a substance the release of which into the environment is subject to control under sections 6 and 7 below.

(6) Regulations under subsection (5) above may—

(a) prescribe separately, for each environmental medium, the substances the release of which into that medium is to be subject to control; and
(b) provide that a description of substance is only prescribed, for any environmental medium, so far as it is released into that medium in such amounts over such periods, in such concentrations or in such other circumstances as may be specified in the regulations;
and in relation to a substance of a description which is prescribed for releases into the air, the regulations may designate the substance as one for central control or one for local control.
(7) In this Part “prescribed substance” means any substance of a description prescribed in regulations under subsection (5) above or, in the case of a substance of a description prescribed only for releases in circumstances specified under subsection (6) (b) above, means any substance of that description which is released in those circumstances.

3 Emission etc. limits and quality objectives. (E+W+S+N.I.)

(1) The Secretary of State may make regulations under subsection (2) or (4) below establishing standards, objectives or requirements in relation to particular prescribed processes or particular substances.

(2) Regulations under this subsection may—

(a) in relation to releases of any substance from prescribed processes into any environmental medium, prescribe standard limits for—
(i) the concentration, the amount or the amount in any period of that substance which may be so released; and
(ii) any other characteristic of that substance in any circumstances in which it may be so released;
(b) prescribe standard requirements for the measurement or analysis of, or of releases of, substances for which limits have been set under paragraph (a) above; and
(c) in relation to any prescribed process, prescribe standards or requirements as to any aspect of the process.
(3) Regulations under subsection (2) above may make different provision in relation to different cases, including different provision in relation to different processes, descriptions of person, localities or other circumstances.

(4) Regulations under this subsection may establish for any environmental medium (in all areas or in specified areas) quality objectives or quality standards in relation to any substances which may be released into that or any other medium from any process.

(5) The Secretary of State may make plans for—

(a) establishing limits for the total amount, or the total amount in any period, of any substance which may be released into the environment in, or in any area within, the United Kingdom;
(b) allocating quotas as respects the release of substances to persons carrying on processes in respect of which any such limit is established;
(c) establishing limits of the descriptions specified in subsection (2) (a) above so as progressively to reduce pollution of the environment;
(d) the progressive improvement in the quality objectives and quality standards established by regulations under subsection (4) above;
and the Secretary of State may, from time to time, revise any plan so made.
(6) Regulations or plans under this section may be made for any purposes of this Part or for other purposes.

(7) The Secretary of State shall give notice in the London, Edinburgh and Belfast Gazettes of the making and the revision of any plan under subsection (5) above and shall make the documents containing the plan, or the plan as so revised, available for inspection by members of the public at the places specified in the notice.

F6 (8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations:

Amendments (Textual)

F6 S. 3(8) repealed (2.12.1999) by 1998 c. 47, s. 100(2), Sch. 15 (with s. 95); S.I. 1999/3209, art. 2, Sch.


4 Discharge and scope of functions.

(1) This section determines the authority by whom the functions conferred or imposed by this Part otherwise than on the Secretary of State are exercisable and the purposes for which they are exercisable.

(2) Those functions, in their application to prescribed processes designated for central control, shall be functions of [F7 the appropriate Agency] , and shall be exercisable for the purpose of preventing or minimising pollution of the environment due to the release of substances into any environmental medium.

(3) Subject to subsection (4) below, those functions, in their application to prescribed processes designated for local control, shall be functions of—

[F8 (a) in the case of a prescribed process carried on (or to be carried on) by means of a mobile plant, where the person carrying on the process has his principal place of business—
(i) in England and Wales, the local authority in whose area that place of business is;
(ii) in Scotland, SEPA;
(b) in any other cases, where the prescribed processes are (or are to be) carried on—
(i) in England and Wales, the local authority in whose area they are (or are to be) carried on;
(ii) in Scotland, SEPA;]
and the functions applicable to such processes shall be exercisable for the purpose of preventing or minimising pollution of the environment due to the release of substances into the air (but not into any other environmental medium).
(4) The Secretary of State may, as respects the functions under this Part being exercised by a local authority specified in the direction, direct that those functions shall be exercised instead by [F9 the Environment Agency] while the direction remains in force or during a period specified in the direction.

[F10 (4A) In England and Wales, a local authority, in exercising the functions conferred or imposed on it under this Part by virtue of subsection (3) above, shall have regard to the strategy for the time being published pursuant to section 80 of the Environment Act 1995.]

(5) A transfer of functions under subsection (4) above to [F11 the Environment Agency] does not make them exercisable by [F11 that Agency] for the purpose of preventing or minimising pollution of the environment due to releases of substances into any other environmental medium than the air.

(6) A direction under subsection (4) above may transfer those functions as exercisable in relation to all or any description of prescribed processes carried on by all or any description of persons (a “general direction”) or in relation to a prescribed process carried on by a specified person (a “specific direction”).

(7) A direction under subsection (4) above may include such saving and transitional provisions as the Secretary of State considers necessary or expedient.

(8) The Secretary of State, on giving or withdrawing a direction under subsection (4) above, shall—

(a) in the case of a general direction—
(i) forthwith serve notice of it on [F12 the Environment Agency] and on the local enforcing authorities affected by the direction; and
(ii) cause notice of it to be published as soon as practicable in the London Gazette F13 . . . and in at least one newspaper circulating in the area of each authority affected by the direction;
(b) in the case of a specific direction—
(i) forthwith serve notice of it on [F12 the Environment Agency] , the local enforcing authority and the person carrying on or appearing to the Secretary of State to be carrying on the process affected, and
(ii) cause notice of it to be published as soon as practicable in the London Gazette F13 . . . and in at least one newspaper circulating in the authority’s area;
and any such notice shall specify the date at which the direction is to take (or took) effect and (where appropriate) its duration.
[F14 (8A) The requirements of sub-paragraph (ii) of paragraph (a) or, as the case may be, of paragraph (b) of subsection (8) above shall not apply in any case where, in the opinion of the Secretary of State, the publication of notice in accordance with that sub-paragraph would be contrary to the interests of national security.

(8B) Subsections (4) to (8A) above shall not apply to Scotland.]

[F15 (9) It shall be the duty of local authorities to follow such developments in technology and techniques for preventing or reducing pollution of the environment due to releases of substances from prescribed processes as concern releases into the air of substances from prescribed processes designated for local control.]

(10) It shall be the duty of [F16 the Environment Agency, SEPA] and the local enforcing authorities to give effect to any directions given to them under any provision of this Part.

(11) In this Part “local authority” means, subject to subsection (12) below—

(a) in Greater London, a London borough council, the Common Council of the City of London, the Sub-Treasurer of the Inner Temple and the Under Treasurer of the Middle Temple;
(b) [F17 in England . . .,] outside Greater London, a district council and the Council of the Isles of Scilly; F18 . . .
[F19 (bb) in Wales, a county council or county borough council;]
F18 (c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(12) Where, by an order under section 2 of the M3 Public Health (Control of Disease) Act 1984, a port health authority has been constituted for any port health district, the port health authority shall have by virtue of this subsection, as respects its district, the functions conferred or imposed by this Part and no such order shall be made assigning those functions; and “local authority” and “area” shall be construed accordingly.

Annotations:

Amendments (Textual)

F7 Words in s. 4(2) substituted (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 46(2)(with ss. 7(6), 115); S.I. 1996/186, art. 3

F8 S. 4(3)(a)(b) substituted (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 46(3)(with ss. 7(6), 115); S.I. 1996/186, art. 3

F9 Words in s. 4(4) substituted (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 46(4)(with ss. 7(6), 115); S.I. 1996/186, art. 3

F10 S. 4(4A) inserted (23.12.1997) by 1995 c. 25, s. 120(1), Sch. 22 para. 46(5) (with ss. 7(6), 115); S.I. 1997/3044, art.2

F11 Words in s. 4(5) substituted (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 46(6)(a)(b)(with ss. 7(6), 115); S.I. 1996/186, art. 3

F12 Words in s. 4(8) substituted (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 46(7)(a)(with ss. 7(6), 115); S.I. 1996/186, art. 3

F13 Words in s. 4(8) repealed (1.4.1996) by 1995 c. 25, s. 120(1)(3), Sch. 22 para. 46(7)(b), Sch. 24 (with ss. 7(6), 115); S.I. 1996/186, art. 3

F14 S. 4(8A)(8B) inserted (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 46(8)(with ss. 7(6), 115); S.I. 1996/186, art. 3

F15 S. 4(9) substituted (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 46(9)(with ss. 7(6), 115); S.I. 1996/186, art. 3

F16 Words in s. 4(10) substituted (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 46(10)(with ss. 7(6), 115); S.I. 1996/186, art. 3

F17 S. 4(11)(b): words 'In England and Wales' inserted and words 'and Wales' repealed (1.4.1996) by 1995 c. 25, s. 120(1)(3), Sch. 22 para. 46(11)(a), Sch. 24 (with ss. 7(6), 115); S.I. 1996/186, art. 3 words 'In England' expressed to be inserted (1.4.1996) by 1994 c. 19, s. 22(3), Sch. 9 para. 17(1) (with s. 54(7), Sch. 17 paras. 22, 23(2)); S.I. 1996/396,art. 3, Sch. 1 (which insertion by 1994 c. 19 falls (prosp.) by reason of the repeal of 1994 c. 19, Sch. 9 para. 17(1) by 1999 c. 24, s. 6(2), Sch. 3)

F18 S. 4(11)(c) and the word immediately preceding it repealed (1.4.1996) by 1995 c. 25, s. 120(1)(3), Sch. 22 para. 46(11)(b), Sch. 24 (with ss. 7(6), 115); S.I. 1996/186, art. 3

F19 S. 4(11)(bb) inserted (1.4.1996) by 1994 c. 19, s. 22(3), Sch. 19 para. 17(1) (with s. 54(7), Sch. 17 paras. 22, 23(2)); S.I. 1996/396, art. 3, Sch. 1

Marginal Citations

M3 1984 c. 22.


F20 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (S)

Annotations:

Amendments (Textual)

F20 S. 5 repealed (1.4.1996) by 1995 c. 25, s. 120(1)(3), Sch. 22 para. 47, Sch.24; S.I. 1996/186, art.3


Authorisations


6 Authorisations: general provisions.

(1) No person shall carry on a prescribed process after the date prescribed or determined for that description of process by or under regulations under section 2(1) above (but subject to any transitional provision made by the regulations) except under an authorisation granted by the enforcing authority and in accordance with the conditions to which it is subject.

(2) An application for an authorisation shall be made to the enforcing authority in accordance with Part I of Schedule 1 to this Act and shall be accompanied by

[F21 (a) in a case where, by virtue of section 41 of the Environment Act 1995, a charge prescribed by a charging scheme under that section is required to be paid to the appropriate Agency in respect of the application, the charge so prescribed; or
(b) in any other case,] the fee prescribed under section 8(2) (a) below.
(3) Where an application is duly made to the enforcing authority, the authority shall either grant the authorisation subject to the conditions required or authorised to be imposed by section 7 below or refuse the application.

(4) An application shall not be granted unless the enforcing authority considers that the applicant will be able to carry on the process so as to comply with the conditions which would be included in the authorisation.

(5) The Secretary of State may, if he thinks fit in relation to any application for an authorisation, give to the enforcing authority directions as to whether or not the authority should grant the authorisation.

(6) [F22 Subject to subsection (6A) below,] the enforcing authority shall, as respects each authorisation in respect of which it has functions under this Part, from time to time but not less frequently than once in every period of four years, carry out a review of the conditions of the authorisation.

[F23 (6A) Subsection (6) above shall not require a review of the conditions of an authorisation to be carried out if–

(a) the prescribed process covered by the authorisation is carried on in a new Part A installation or by means of a new Part A mobile plant;
(b) the prescribed process covered by the authorisation is carried on in an existing Part A installation or by means of an existing Part A mobile plant and the review would be carried out within the period of two years ending at the beginning of the relevant period for that installation or mobile plant;
(c) the prescribed process covered by the authorisation is carried on in an existing Part B installation or by means of an existing Part B mobile plant and the review would be carried out within the two year period ending on the relevant date for that installation or mobile plant.
(6B) In subsection (6A) above, “new Part A installation”, “existing Part A installation”, “new Part A mobile plant”, “existing Part A mobile plant”, “relevant period”, “existing Part B installation”, “existing Part B mobile plant” and “relevant date” have the meanings given in Schedule 3 to the Pollution Prevention and Control (Scotland) Regulations 2000.]

(7) The Secretary of State may, by regulations, substitute for the period for the time being specified in subsection (6) above such other period as he thinks fit.

(8) Schedule 1 to this Act (supplementary provisions) shall have effect in relation to authorisations.

Annotations:

Amendments (Textual)

F21 Words in s. 6(2) inserted (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 48 (with ss. 7(6), 115); S.I. 1996/186, art. 3

F22 Words in s. 6(6) inserted (E.W.) (1.8.2000) by S.I. 2000/1973, reg. 39, Sch. 10 Pt. 1 para. 3(a) and inserted (S.) (28.9.2000) by S.S.I. 2000/323, reg. 36, Sch. 10 Pt. 1 para. 3(2)(a)

F23 S. 6(6A)(6B) inserted (E.W.) (1.8.2000) by S.I. 2000/1973, reg. 39, Sch. 10 Pt. 1 para. 3(b) and inserted (S.) (28.9.2000) by S.S.I. 2000/323, reg. 36, Sch. 10 Pt. 1 para. 3(2)(b)

Modifications etc. (not altering text)

C7 S. 6(1) amended (13.4.1998) by S.I. 1998/767, reg. 3(1)(2).


7 Conditions of authorisations.

(1) There shall be included in an authorisation—

(a) subject to paragraph (b) below, such specific conditions as the enforcing authority considers appropriate, when taken with the general condition implied by subsection (4) below, for achieving the objectives specified in subsection (2) below;
(b) such conditions as are specified in directions given by the Secretary of State under subsection (3) below; and
(c) such other conditions (if any) as appear to the enforcing authority to be appropriate;
but no conditions shall be imposed for the purpose only of securing the health of persons at work (within the meaning of Part I of the M4 Health and Safety at Work etc. Act 1974).
(2) Those objectives are—

(a) ensuring that, in carrying on a prescribed process, the best available techniques not entailing excessive cost will be used—
(i) for preventing the release of substances prescribed for any environmental medium into that medium or, where that is not practicable by such means, for reducing the release of such substances to a minimum and for rendering harmless any such substances which are so released; and
(ii) for rendering harmless any other substances which might cause harm if released into any environmental medium;
(b) compliance with any directions by the Secretary of State given for the implementation of any obligations of the United Kingdom under the Community Treaties or international law relating to environmental protection;
(c) compliance with any limits or requirements and achievement of any quality standards or quality objectives prescribed by the Secretary of State under any of the relevant enactments;
(d) compliance with any requirements applicable to the grant of authorisations specified by or under a plan made by the Secretary of State under section 3(5) above.
(3) Except as respects the general condition implied by subsection (4) below, the Secretary of State may give directions to the enforcing authorities as to the conditions which are, or are not, to be included in all authorisations, in authorisations of any specified description or in any particular authorisation.

(4) Subject to subsections (5) and (6) below, there is implied in every authorisation a general condition that, in carrying on the process to which the authorisation applies, the person carrying it on must use the best available techniques not entailing excessive cost—

(a) for preventing the release of substances prescribed for any environmental medium into that medium or, where that is not practicable by such means, for reducing the release of such substances to a minimum and for rendering harmless any such substances which are so released; and
(b) for rendering harmless any other substances which might cause harm if released into any environmental medium.
(5) In the application of subsections (1) to (4) above to authorisations granted by a local enforcing authority references to the release of substances into any environmental medium are to be read as references to the release of substances into the air.

(6) The obligation implied by virtue of subsection (4) above shall not apply in relation to any aspect of the process in question which is regulated by a condition imposed under subsection (1) above.

(7) The objectives referred to in subsection (2) above shall, where the process—

(a) is one designated for central control; and
(b) is likely to involve the release of substances into more than one environmental medium;
include the objective of ensuring that the best available techniques not entailing excessive cost will be used for minimising the pollution which may be caused to the environment taken as a whole by the releases having regard to the best practicable environmental option available as respects the substances which may be released.
(8) An authorisation for carrying on a prescribed process may, without prejudice to the generality of subsection (1) above, include conditions—

(a) imposing limits on the amount or composition of any substance produced by or utilised in the process in any period; and
(b) requiring advance notification of any proposed change in the manner of carrying on the process.
(9) This section has effect subject to section 28 below F24 . . .

(10) References to the best available techniques not entailing excessive cost, in relation to a process, include (in addition to references to any technical means and technology) references to the number, qualifications, training and supervision of persons employed in the process and the design, construction, lay-out and maintenance of the buildings in which it is carried on.

(11) It shall be the duty of enforcing authorities to have regard to any guidance issued to them by the Secretary of State for the purposes of the application of subsections (2) and (7) above as to the techniques and environmental options that are appropriate for any description of prescribed process.

(12) In subsection (2) above “the relevant enactments” are any enactments or instruments contained in or made for the time being under—

(a) section 2 of the M5 Clean Air Act 1968;
(b) section 2 of the M6 European Communities Act 1972;
(c) Part I of the M7 Health and Safety at Work etc. Act 1974;
(d) Parts II, III or IV of the M8 Control of Pollution Act 1974;
[F25 (e) the Water Resources Act 1991; [F26 and] ]
(f) section 3 of this Act [F27 ; [F26 and]
(g) section 87 of the Environment Act 1995.[F28 and
(h) Part 1 of the Water Environment and Water Services (Scotland) Act 2003 (asp 3).] ]
Annotations:

Amendments (Textual)

F24 Words in s. 7(9) repealed (1.4.1996) by 1995 c. 25, s. 120(1)(3), Sch. 22 para. 49(1), Sch.24 (with ss. 7(6), 115); S.I. 1996/186, art.3

F25 S. 7(12)(e) substituted (1. 12. 1991) by Water Consolidation (Consequential Provisions) Act 1991 (c. 60, SIF 130), ss. 2, 4(2), Sch. 1 para. 56(2)

F26 Words in s. 7(12) omitted (S.) (1.4.2006) by virtue of The Water Environment (Consequential and Savings Provisions) (Scotland) Order 2006 (S.S.I. 2006/181), art. 2, Sch. Pt. IV para. 5(2)(a)

F27 S. 7(12)(g) and the word immediately preceding it added (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 49(2)(with ss. 7(6), 115); S.I. 1996/186, art.3

F28 S. 7(12)(h) and preceding word inserted (S.) (1.4.2006) by The Water Environment (Consequential and Savings Provisions) (Scotland) Order 2006 (S.S.I. 2006/181), art. 2, Sch. Pt. IV para. 5(2)(b)

Marginal Citations

M4 1974 c. 37.

M5 1968 c. 62.

M6 1972 c. 68.

M7 1974 c. 37.

M8 1974 c. 40.


8 Fees and charges for authorisations.

(1) There shall be charged by and paid to the [F29 local enforcing authority] such fees and charges as may be prescribed from time to time by a scheme under subsection (2) below (whether by being specified in or made calculable under the scheme).

(2) The Secretary of State may, with the approval of the Treasury, make, and from time to time revise, a scheme prescribing—

(a) fees payable in respect of applications for authorisations;
(b) fees payable by persons holding authorisations in respect of, or of applications for, the variation of authorisations; and
(c) charges payable by such persons in respect of the subsistence of their authorisations.
(3) The Secretary of State shall, on making or revising a scheme under subsection (2) above, lay a copy of the scheme or of the alterations made in the scheme or, if he considers it more appropriate, the scheme as revised, before each House of Parliament.

F30 (4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) A scheme under subsection (2) above may, in particular—

(a) make different provision for different cases, including different provision in relation to different persons, circumstances or localities;
(b) allow for reduced fees or charges to be payable in respect of authorisations for a number of prescribed processes carried on by the same person;
(c) provide for the times at which and the manner in which the payments required by the scheme are to be made; and
(d) make such incidental, supplementary and transitional provision as appears to the Secretary of State to be appropriate.
(6) The Secretary of State, in framing a scheme under subsection (2) above, shall, so far as practicable, secure that the fees and charges payable under the scheme are sufficient, taking one financial year with another, to cover the relevant expenditure attributable to authorisations.

(7) The “relevant expenditure attributable to authorisations” is the expenditure incurred by the [F31 local enforcing authorities] in exercising their functions under this Part in relation to authorisations F32 . . . [F33 together with the expenditure incurred by the Environment Agency in exercising, in relation to authorisations granted by local enforcing authorities or the prescribed processes to which such authorisations relate, such of its functions as are specified in the scheme.]

(8) If it appears to the [F34 local enforcing authority] that the holder of an authorisation has failed to pay a charge due in consideration of the subsistence of the authorisation, it may, by notice in writing served on the holder, revoke the authorisation.

F35 (9). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F36 (10) The foregoing provisions of this section shall not apply to Scotland.]

Annotations:

Amendments (Textual)

F29 Words in s. 8(1) substituted (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 50(2)(with ss. 7(6), 115); S.I. 1996/186, art. 3

F30 S. 8(4) repealed (1.4.1996) by 1995 c. 25, s. 120(1)(3), Sch. 22 para. 50(3), Sch. 4; S.I. 1996/186, art. 3

F31 Words in s. 8(7) substituted (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 50(4) (with ss. 7(6), 115); S.I. 1996/186, art. 3

F32 Words in s. 8(7) repealed (1.4.1996) by 1995 c. 25, s. 120(1)(3), Sch. 22 para. 50(4)(b), Sch. 24 (with ss. 7(6), 115); S.I. 1996/186, art. 3

F33 Words in s. 8(7) inserted (21.3.2000) by 1999 c. 24, s. 6, Sch. 2 para. 4; S.I. 2000/800, art. 2

F34 Words in s. 8(8) substituted (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 50(5) (with ss. 7(6), 115); S.I. 1996/186, art. 3

F35 S. 8(9) repealed (1.4.1996) by 1995 c. 25, s. 120(1)(3), Sch. 22 para. 50(6), Sch. 24 (with ss. 7(6), 115); S.I. 1996/186, art. 3

F36 S. 8(10) substituted (1.4.1996) for S. 8(10)(11) by 1995 c. 25, s. 120(1), Sch. 22 para. 50(7) (with ss. 7(6), 115); S.I. 1996/186, art. 3

Modifications etc. (not altering text)

C8 S. 8 applied (27.6.2000) by S.I. 2000/1460, reg. 3, Sch. 1 para. 8

C9 S. 8 applied (E.W.) (16.2.2007) by The Sulphur Content of Liquid Fuels (England and Wales) Regulations 2007 (S.I. 2007/79), reg. 4(5), Sch. 1 para. 9 (with reg. 8)


9 Transfer of authorisations.

(1) An authorisation for the carrying on of any prescribed process may be transferred by the holder to a person who proposes to carry on the process in the holder’s place.

(2) Where an authorisation is transferred under this section, the person to whom it is transferred shall notify the enforcing authority in writing of that fact not later than the end of the period of twenty-one days beginning with the date of the transfer.

(3) An authorisation which is transferred under this section shall have effect on and after the date of the transfer as if it had been granted to that person under section 6 above, subject to the same conditions as were attached to it immediately before that date.

10 Variation of authorisations by enforcing authority.

(1) The enforcing authority may at any time, subject to the requirements of section 7 above, and, in cases to which they apply, the requirements of Part II of Schedule 1 to this Act, vary an authorisation and shall do so if it appears to the authority at that time that that section requires conditions to be included which are different from the subsisting conditions.

(2) Where the enforcing authority has decided to vary an authorisation under subsection (1) above the authority shall notify the holder of the authorisation and serve a variation notice on him.

(3) In this Part a “variation notice” is a notice served by the enforcing authority on the holder of an authorisation—

(a) specifying variations of the authorisation which the enforcing authority has decided to make; and
(b) specifying the date or dates on which the variations are to take effect;
and, unless the notice is withdrawn [F37 or is varied under subsection (3A) below] , the variations specified in a variation notice shall take effect on the date or dates so specified.
[F38 (3A) An enforcing authority which has served a variation notice may vary that notice by serving on the holder of the authorisation in question a further notice—

(a) specifying the variations which the enforcing authority has decided to make to the variation notice; and
(b) specifying the date or dates on which the variations specified in the variation notice, as varied by the further notice, are to take effect;
and any reference in this Part to a variation notice, or to a variation notice served under subsection (2) above, includes a reference to such a notice as varied by a further notice served under this subsection.]
(4) A variation notice served under subsection (2) above shall also—

(a) require the holder of the authorisation, within such period as may be specified in the notice, to notify the authority what action (if any) he proposes to take to ensure that the process is carried on in accordance with the authorisation as varied by the notice; and
[F39 (b) require the holder to pay, within such period as may be specified in the notice,—
(i) in a case where the enforcing authority is the Environment Agency or SEPA, the charge (if any) prescribed for the purpose by a charging scheme under section 41 of the Environment Act 1995; or
(ii) in any other case, the fee (if any) prescribed by a scheme under section 8 above.]
(5) Where in the opinion of the enforcing authority any action to be taken by the holder of an authorisation in consequence of a variation notice served under subsection (2) above will involve a substantial change in the manner in which the process is being carried on, the enforcing authority shall notify the holder of its opinion.

(6) The Secretary of State may, if he thinks fit in relation to authorisations of any description or particular authorisations, direct the enforcing authorities—

(a) to exercise their powers under this section, or to do so in such circumstances as may be specified in the directions, in such manner as may be so specified; or
(b) not to exercise those powers, or not to do so in such circumstances or such manner as may be so specified;
and the Secretary of State shall have the corresponding power of direction in respect of the powers of the enforcing authorities to vary authorisations under section 11 below.
(7) In this section and section 11 below a “substantial change”, in relation to a prescribed process being carried on under an authorisation, means a substantial change in the substances released from the process or in the amount or any other characteristic of any substance so released; and the Secretary of State may give directions to the enforcing authorities as to what does or does not constitute a substantial change in relation to processes generally, any description of process or any particular process.

(8) In this section and section 11 below— “prescribed” means prescribed in regulations made by the Secretary of State; “vary” (a) F40 , in relation to the subsisting conditions or other provisions of an authorisation, means adding to them or varying or rescinding any of them;[F41 and (b) in relation to a variation notice, means adding to, or varying or rescinding the notice or any of its contents;] and “variation” shall be construed accordingly.

Annotations:

Amendments (Textual)

F37 Words in s. 10(3) inserted (12.10.1995) by 1995 c. 25, s. 120(1), Sch. 22 para. 51(2) (with ss. 7(6), 115); S.I. 1995/2649, art. 2

F38 S. 10(3A) inserted (12.10.1995) by 1995 c. 25, s. 120(1), Sch. 22 para. 51(3)(with ss. 7(6), 115); S.I. 1995/2649, art. 2

F39 S. 10(4)(b) substituted (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 51(4) (with ss. 7(6), 115); S.I. 1996/186, art.3

F40 In s. 10(8) in definition of "vary" "(a)" inserted (12.10.1995) by 1995 c. 25, s. 102(1), Sch. 22 para. 51(5) (with ss. 7(6), 115); S.I. 1995/2649, art. 2

F41 In s. 10(8) in definition of "vary" paragraph (b) and preceding word inserted (12.10.1995) by 1995 c. 25, s. 120(1), Sch. 22 para. 51(5) (with ss. 7(6), 115); S.I. 1995/2649, art. 2


11 Variation of conditions etc: applications by holders of authorisations.

(1) A person carrying on a prescribed process under an authorisation who wishes to make a relevant change in the process may at any time—

(a) notify the enforcing authority in the prescribed form of that fact, and
(b) request the enforcing authority to make a determination, in relation to the proposed change, of the matters mentioned in subsection (2) below;
and a person making a request under paragraph (b) above shall furnish the enforcing authority with such information as may be prescribed or as the authority may by notice require.
(2) On receiving a request under subsection (1) above the enforcing authority shall determine—

(a) whether the proposed change would involve a breach of any condition of the authorisation;
(b) if it would not involve such a breach, whether the authority would be likely to vary the conditions of the authorisation as a result of the change;
(c) if it would involve such a breach, whether the authority would consider varying the conditions of the authorisation so that the change may be made; and
(d) whether the change would involve a substantial change in the manner in which the process is being carried on;
and the enforcing authority shall notify the holder of the authorisation of its determination of those matters.
(3) Where the enforcing authority has determined that the proposed change would not involve a substantial change, but has also determined under paragraph (b) or (c) of subsection (2) above that the change would lead to or require the variation of the conditions of the authorisation, then—

(a) the enforcing authority shall (either on notifying its determination under that subsection or on a subsequent occasion) notify the holder of the authorisation of the variations which the authority is likely to consider making; and
(b) the holder may apply in the prescribed form to the enforcing authority for the variation of the conditions of the authorisation so that he may make the proposed change.
(4) Where the enforcing authority has determined that a proposed change would involve a substantial change that would lead to or require the variation of the conditions of the authorisation, then—

(a) the authority shall (either on notifying its determination under subsection (2) above or on a subsequent occasion) notify the holder of the authorisation of the variations which the authority is likely to consider making; and
(b) the holder of the authorisation shall, if he wishes to proceed with the change, apply in the prescribed form to the enforcing authority for the variation of the conditions of the authorisation.
(5) The holder of an authorisation may at any time, unless he is carrying on a prescribed process under the authorisation and wishes to make a relevant change in the process, apply to the enforcing authority in the prescribed form for the variation of the conditions of the authorisation.

(6) A person carrying on a process under an authorisation who wishes to make a relevant change in the process may, where it appears to him that the change will require the variation of the conditions of the authorisation, apply to the enforcing authority in the prescribed form for the variation of the conditions of the authorisation specified in the application.

(7) A person who makes an application for the variation of the conditions of an authorisation shall furnish the authority with such information as may be prescribed or as the authority may by notice require.

(8) On an application for variation of the conditions of an authorisation under any provision of this section—

(a) the enforcing authority may, having fulfilled the requirements of Part II of Schedule 1 to this Act in cases to which they apply, as it thinks fit either refuse the application or, subject to the requirements of section 7 above, vary the conditions or, in the case of an application under subsection (6) above, treat the application as a request for a determination under subsection (2) above; and
(b) if the enforcing authority decides to vary the conditions, it shall serve a variation notice on the holder of the authorisation.
[F42 (9) Any application to the enforcing authority under this section shall be accompanied—

(a) in a case where the enforcing authority is the Environment Agency or SEPA, by the charge (if any) prescribed for the purpose by a charging scheme under section 41 of the Environment Act 1995; or
(b) in any other case, by the fee (if any) prescribed by a scheme under section 8 above.]
(10) This section applies to any provision other than a condition which is contained in an authorisation as it applies to a condition with the modification that any reference to the breach of a condition shall be read as a reference to acting outside the scope of the authorisation.

(11) For the purposes of this section a relevant change in a prescribed process is a change in the manner of carrying on the process which is capable of altering the substances released from the process or of affecting the amount or any other characteristic of any substance so released.

Annotations:

Amendments (Textual)

F42 S. 11(9) substituted (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para.52 (with ss. 7(6), 115); S.I. 1996/186, art.3