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Environmental Protection Act 1990 (c. 43)

1990 CHAPTER 43

ARRANGEMENT OF SECTIONS

Go to Preamble

  1. Part I

    Integrated Pollution Control and Air Pollution Control by Local Authorities

    1. Preliminary

      1. 1. Preliminary.

      2. 2. Prescribed processes and prescribed substances.

      3. 3. Emission etc. limits and quality objectives.

      4. 4. Discharge and scope of functions.

      5. 5. Further provisions as to discharge and scope of functions: Scotland.

    2. Authorisations

      1. 6. Authorisations: general provisions.

      2. 7. Conditions of authorisations.

      3. 8. Fees and charges for authorisations.

      4. 9. Transfer of authorisations.

      5. 10. Variation of authorisations by enforcing authority.

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

      7. 12. Revocation of authorisation.

    3. Enforcement

      1. 13. Enforcement notices.

      2. 14. Prohibition notices.

      3. 15. Appeals as respects authorisations and against variation, enforcement and prohibition notices.

      4. 16. Appointment of chief inspector and other inspectors.

      5. 17. Powers of inspectors and others.

      6. 18. Power to deal with cause of imminent danger of serious harm.

      7. 19. Obtaining of information from persons and authorities.

    4. Publicity

      1. 20. Public registers of information.

      2. 21. Exclusion from registers of information affecting national security.

      3. 22. Exclusion from registers of certain confidential information.

    5. Provisions as to offences

      1. 23. Offences.

      2. 24. Enforcement by High Court.

      3. 25. Onus of proof as regards techniques and evidence.

      4. 26. Power of court to order cause of offence to be remedied.

      5. 27. Power of chief inspector to remedy harm.

    6. Authorisations and other statutory controls

      1. 28. Authorisations and other statutory controls.

  2. Part II

    Waste on Land

    1. Preliminary

      1. 29. Preliminary.

      2. 30. Authorities for purposes of this Part.

      3. 31. Power to create regional authorities for purposes of waste regulation.

      4. 32. Transition to waste disposal companies etc.

    2. Prohibition on unauthorised or harmful depositing, treatment or disposal of waste

      1. 33. Prohibition on unauthorised or harmful deposit, treatment or disposal etc. of waste.

    3. Duty of care etc. as respects waste

      1. 34. Duty of care etc. as respects waste.

    4. Waste Management Licences

      1. 35. Waste management licences: general.

      2. 36. Grant of licences.

      3. 37. Variation of licences.

      4. 38. Revocation and suspension of licences.

      5. 39. Surrender of licences.

      6. 40. Transfer of licences.

      7. 41. Fees and charges for licences.

      8. 42. Supervision of licensed activities.

      9. 43. Appeals to Secretary of State from decisions with respect to licences.

      10. 44. Offences of making false statements.

    5. Collection, disposal or treatment of controlled waste

      1. 45. Collection of controlled waste.

      2. 46. Receptacles for household waste.

      3. 47. Receptacles for commercial or industrial waste.

      4. 48. Duties of waste collection authorities as respects disposal of waste collected.

      5. 49. Waste recycling plans by collection authorities.

      6. 50. Waste disposal plans of waste regulation authorities.

      7. 51. Functions of waste disposal authorities.

      8. 52. Payments for recycling and disposal etc. of waste.

      9. 53. Duties of authorities as respects disposal of waste collected: Scotland.

      10. 54. Special provisions for land occupied by disposal authorities: Scotland.

      11. 55. Powers for recycling waste.

      12. 56. Powers for recycling waste: Scotland.

      13. 57. Power of Secretary of State to require waste to be accepted, treated, disposed of or delivered.

      14. 58. Power of Secretary of State to require waste to be accepted, treated, disposed of or delivered: Scotland.

      15. 59. Powers to require removal of waste unlawfully deposited.

      16. 60. Interference with waste sites and receptacles for waste.

      17. 61. Duty of waste regulation authorities as respects closed landfills.

    6. Special waste and non-controlled waste

      1. 62. Special provision with respect to certain dangerous or intractable waste.

      2. 63. Waste other than controlled waste.

    7. Publicity

      1. 64. Public registers.

      2. 65. Exclusion from registers of information affecting national security.

      3. 66. Exclusion from registers of certain confidential information.

      4. 67. Annual reports.

    8. Supervision and enforcement

      1. 68. Functions of Secretary of State and appointment etc. of inspectors.

      2. 69. Powers of entry etc. of inspectors.

      3. 70. Power to deal with cause of imminent danger of serious pollution etc.

      4. 71. Obtaining of information from persons and authorities.

      5. 72. Default powers of Secretary of State.

    9. Supplemental

      1. 73. Appeals and other provisions relating to legal proceedings and civil liability.

      2. 74. Meaning of “fit and proper person”.

      3. 75. Meaning of “waste” and household, commercial and industrial waste and special waste.

      4. 76. Application of this Part to Isles of Scilly.

      5. 77. Transition from Control of Pollution Act 1974 to this Part.

      6. 78. This Part and radioactive substances.

  3. Part III

    Statutory Nuisances and Clean Air

    1. Statutory nuisances: England and Wales

      1. 79. Statutory nuisances and inspections therefor.

      2. 80. Summary proceedings for statutory nuisances.

      3. 81. Supplementary provisions.

      4. 82. Summary proceedings by persons aggrieved by statutory nuisances.

    2. Statutory nuisances: Scotland

      1. 83. Statutory nuisances: Scotland.

    3. Termination of existing controls over offensive trades and businesses

      1. 84. Termination of Public Health Act controls over offensive trades etc.

    4. Application to gases of certain Clean Air Act provisions

      1. 85. Application to gases of certain Clean Air Act provisions.

  4. Part IV

    Litter Etc

    1. Provisions relating to litter

      1. 86. Preliminary.

      2. 87. Offence of leaving litter.

      3. 88. Fixed penalty notices for leaving litter.

      4. 89. Duty to keep land and highways clear of litter etc.

      5. 90. Litter control areas.

      6. 91. Summary proceedings by persons aggrieved by litter.

      7. 92. Summary proceedings by litter authorities.

      8. 93. Street litter control notices.

      9. 94. Street litter: supplementary provisions.

      10. 95. Public registers.

      11. 96. Application of Part II.

      12. 97. Transitional provision relating to section 89.

      13. 98. Definitions.

    2. Abandoned trolleys

      1. 99. Powers in relation to abandoned shopping and luggage trolleys.

  5. Part V

    Amendment of the Radioactive Substances Act 1960

    1. 100. Appointment of inspectors and chief inspector.

    2. 101. Fees and charges under 1960 Act.

    3. 102. Enforcement powers of chief inspector.

    4. 103. Withdrawal of UKAEA exemptions from requirements of 1960 Act.

    5. 104. Application to Crown of 1960 Act.

    6. 105. Consequential and further amendments of 1960 Act.

  6. Part VI

    Genetically Modified Organisms

    1. Preliminary

      1. 106. Purpose of Part VI and meaning of “genetically modified organisms” and related expressions.

      2. 107. Meaning of “damage to the environment”, “control” and related expressions in Part VI.

    2. General controls

      1. 108. Risk assessment and notification requirements.

      2. 109. General duties relating to importation, acquisition, keeping, release or marketing of organisms.

      3. 110. Prohibition notices.

    3. Consents

      1. 111. Consents required by certain persons.

      2. 112. Consents: limitations and conditions.

      3. 113. Fees and charges.

    4. Inspectors

      1. 114. Appointment etc. of inspectors.

      2. 115. Rights of entry and inspection.

    5. Enforcement powers and offences

      1. 116. Obtaining of information from persons.

      2. 117. Power to deal with cause of imminent danger of damage to the environment.

      3. 118. Offences.

      4. 119. Onus of proof as regards techniques and evidence.

      5. 120. Power of court to order cause of offence to be remedied.

      6. 121. Power of Secretary of State to remedy harm.

    6. Publicity

      1. 122. Public register of information.

      2. 123. Exclusion from register of certain information.

    7. Supplementary

      1. 124. Advisory committee for purposes of Part VI.

      2. 125. Delegation of enforcement functions.

      3. 126. Exercise of certain functions jointly by Secretary of State and Minister of Agriculture, Fisheries and Food.

      4. 127. Definitions.

  7. Part VII

    Nature Conservation in Great Britain andCountryside Matters in Wales

    1. New Councils for England, Scotland and Wales

      1. 128. Creation and constitution of new Councils.

      2. 129. Grants by Secretary of State to new Councils.

    2. Countryside matters

      1. 130. Countryside functions of Welsh Council.

    3. Nature conservation in Great Britain

      1. 131. Nature conservation functions: preliminary.

      2. 132. General functions of the Councils.

      3. 133. Special functions of Councils.

      4. 134. Grants and loans by the Councils.

    4. Transfer of property, rights and liabilities to new Councils

      1. 135. Schemes for the transfer of property etc. of the Nature Conservancy Council.

      2. 136. Transfer to Welsh Council of certain property etc. of Countryside Commission.

    5. Employment by new Councils of staff of existing bodies

      1. 137. Offers of employment to employees of Nature Conservancy Council and certain employees of Countryside Commission.

    6. Dissolution of Nature Conservancy Council

      1. 138. Winding up and dissolution of Nature Conservancy Council.

    7. Transitional provisions and savings

      1. 139. Transitional provisions and savings.

  8. Part VIII

    Miscellaneous

    1. Other controls on substances, articles or waste

      1. 140. Power to prohibit or restrict the importation, use, supply or storage of injurious substances or articles.

      2. 141. Power to prohibit or restrict the importation or exportation of waste.

      3. 142. Powers to obtain information about potentially harmful substances.

      4. 143. Public registers of land which may be contaminated.

      5. 144. Amendments of hazardous substances legislation.

      6. 145. Penalties for offences of polluting controlled waters etc.

    2. Pollution at sea

      1. 146. Deposits of substances and articles in the sea, etc.

      2. 147. Public registers relating to deposits in the sea and incineration at sea.

      3. 148. Oil pollution from ships.

    3. Control of dogs

      1. 149. Seizure of stray dogs.

      2. 150. Delivery of stray dogs to police or local authority officer.

      3. 151. Enforcement of orders about collars and tags for dogs.

    4. Straw and stubble burning

      1. 152. Burning of straw and stubble etc.

    5. Environmental expenditure

      1. 153. Financial assistance for environmental purposes.

      2. 154. The Groundwork Foundation: superannuation.

      3. 155. Remuneration of chairman of Inland Waterways Amenity Advisory Council.

  9. Part IX

    General

    1. 156. Power to give effect to Community and other international obligations etc.

    2. 157. Offences by bodies corporate.

    3. 158. Offences under Parts I, II, IV, VI, etc. due to fault of others.

    4. 159. Application to Crown.

    5. 160. Service of notices.

    6. 161. Regulations, orders and directions.

    7. 162. Consequential and minor amendments and repeals.

    8. 163. Financial provisions.

    9. 164. Short title, commencement and extent.

    1. Schedule 1

      Authorisations for Processes: Supplementary Provisions.

      1. Part I

        Grant of Authorisations.

      2. Part II

        Variation of Authorisations.

    2. Schedule 2

      Waste Disposal Authorities and Companies.

      1. Part I

        Transition to Companies.

      2. Part II

        Provisions regulating Waste Disposal Authorities and Companies.

    3. Schedule 3

      Statutory Nuisances: Supplementary Provisions.

    4. Schedule 4

      Abandoned Shopping and Luggage Trolleys.

    5. Schedule 5

      Further Amendments of the Radioactive Substances Act 1960.

      1. Part I

        Miscellaneous and Consequential Amendments.

      2. Part II

        Amendments relating to Scotland and Northern Ireland.

    6. Schedule 6

      The Nature Conservancy Councils for England and Scotland and the Countryside Council for Wales: Constitution.

    7. Schedule 7

      The Joint Nature Conservation Committee.

    8. Schedule 8

      Amendment of Enactments relating to Countryside Matters.

    9. Schedule 9

      Amendment of Enactments conferring Nature Conservancy Functions.

    10. Schedule 10

      Transfer Schemes and Staff of Existing Councils.

      1. Part I

        Transfer Schemes: Nature Conservancy Council.

      2. Part II

        Transfer Schemes: The Countryside Commission.

      3. Part III

        Employment of staff of Existing Bodies.

    11. Schedule 11

      Transitional Provisions and Savings for Part VII.

      1. Part I

        Countryside Functions.

      2. Part II

        Nature Conservation Functions.

      3. Part III

        Supplementary.

    12. Schedule 12

      Injurious or Hazardous Substances: Advisory Committee.

    13. Schedule 13

      Amendments of Hazardous Substances Legislation.

      1. Part I

        England and Wales.

      2. Part II

        Scotland.

    14. Schedule 14

      Amendments of the Prevention of Oil Pollution Act 1971.

    15. Schedule 15

      Consequential and Minor Amendments of Enactments.

    16. Schedule 16

      Repeals.

      1. Part I

        Enactments relating to Processes.

      2. Part II

        Enactments relating to Waste on Land.

      3. Part III

        Enactments relating to Statutory Nuisances.

      4. Part IV

        Enactments relating to Litter.

      5. Part V

        Enactments relating to Radioactive Substances.

      6. Part VI

        Enactments relating to Nature Conservation and Countryside Matters.

      7. Part VII

        Enactments relating to Hazardous Substances.

      8. Part VIII

        Enactments relating to Deposits at Sea.

      9. Part IX

        Miscellaneous Enactments.

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:—

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