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(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 Chapter 1 of Part III of the [1989 c. 15.] Water Act 1989 or, as respects Scotland, Part II of the [1974 c. 40.] 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 the chief inspector or the local authority by whom, 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.
(8) The “enforcing authority”, in relation to Scotland, is—
(a) in relation to releases of substances into the environment, the chief inspector or the river purification authority (which in this Part means a river purification authority within the meaning of the [1951 c. 64.] Rivers (Prevention of Pollution) (Scotland) Act 1951),
(b) in relation to releases of substances into the air, the local authority,
by whom, 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; and “local enforcing authority” means any such local authority.
(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 the [1936 c. 49.] Public Health Act 1936 or, in relation to Scotland, of the [1968 c. 47.] 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.
(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.
(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.
(8) Subject to any Order made after the passing of this Act by virtue of subsection (1)(a) of section 3 of the [1973 c. 36.] Northern Ireland Constitution Act 1973, the making and revision of plans under subsection (5) above shall not be a transferred matter for the purposes of that Act but shall for the purposes of subsection (2) of that section be treated as specified in Schedule 3 to that Act.
(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 the chief inspector appointed for England and Wales by the Secretary of State under section 16 below and, in relation to Scotland, of the chief inspector so appointed for Scotland or of the river purification authority, as determined under regulations made under section 5(1) below, 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—
(a) in the case of a prescribed process carried on (or to be carried on) by means of mobile plant, the local authority in whose area the person carrying on the process has his principal place of business; and
(b) in any other cases, the local authority in whose area the prescribed processes are (or are to be) carried on;
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 the chief inspector while the direction remains in force or during a period specified in the direction.
(5) A transfer of functions under subsection (4) above to the chief inspector does not make them exercisable by him 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 the chief inspector 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 or, as the case may be, in the Edinburgh Gazette 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 the chief inspector, 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 or, as the case may be, in the Edinburgh Gazette 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.
(9) It shall be the duty of the chief inspector or, in Scotland, of the chief inspector and river purification authorities to follow developments in technology and techniques for preventing or reducing pollution of the environment due to releases of substances from prescribed processes; and the local enforcing authorities shall follow such of those developments as concern releases into the air of substances from prescribed processes designated for local control.
(10) It shall be the duty of the chief inspector, river purification authorities 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) outside Greater London, a district council and the Council of the Isles of Scilly; and
(c) in Scotland, an islands or district council.
(12) Where, by an order under section 2 of the [1984 c. 22.] 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.
(1) For the purposes of section 4(2) above in its application to Scotland, the Secretary of State shall make regulations prescribing—
(a) the method and arrangements for determining whether the functions referred to in that subsection shall be functions of the chief inspector or of a river purification authority;
(b) if the functions are determined under paragraph (a) above to be functions of a river purification authority, the river purification authority by whom they are to be exercised.
(2) The Secretary of State may make regulations prescribing—
(a) the circumstances and manner in which consultation shall be carried out between—
(i) whichever of the chief inspector or river purification authority is determined under regulations made under subsection (1) above to be the enforcing authority, and
(ii) the other (the “consulted authority”),
before granting, varying, transferring or revoking an authorisation or serving an enforcement or prohibition notice;
(b) the circumstances in which the consulted authority may require the enforcing authority to include, in an authorisation, conditions which the consulted authority reasonably believe will achieve the objectives specified in section 7(2) below.
(3) Regulations under this section may contain such incidental, supplemental and consequential provision as the Secretary of State considers appropriate.
(4) This section applies to Scotland only.
(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 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) 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.
(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.
(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 [1974 c. 37.] 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 and, in relation to Scotland, to any regulations made under section 5(2) above.
(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 [1968 c. 62.] Clean Air Act 1968;
(b) section 2 of the [1972 c. 68.] European Communities Act 1972;
(c) Part I of the [1974 c. 37.] Health and Safety at Work etc. Act 1974;
(d) Parts II, III or IV of the [1974 c. 40.] Control of Pollution Act 1974;
(e) Part III of the [1989 c. 15.] Water Act 1989; and
(f) section 3 of this Act.
(1) There shall be charged by and paid to the 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.
(4) The Secretary of State may make separate schemes for fees and charges payable to the chief inspector or, as the case may be, river purification authority and fees and charges payable to local enforcing authorities under this Part.
(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 enforcing authorities in exercising their functions under this Part in relation to authorisations together with the expenditure incurred by the National Rivers Authority in exercising the Authority’s functions in relation to authorisations for processes which may involve the release of any substance into water.
(8) If it appears to the 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.
(9) The Secretary of State may make to the National Rivers Authority payments of such amounts as appear to him to be required to meet the estimated relevant expenditure of the Authority attributable to authorisations.
(10) Subsections (7) and (9) above shall not apply to Scotland, but in relation to Scotland the “relevant expenditure attributable to authorisations” is the expenditure incurred by the enforcing authorities in exercising their functions under this Part or in relation to consultation carried out under regulations made under section 5(2) above.
(11) In Scotland, the chief inspector may make to a river purification authority and a river purification authority may make to the chief inspector payments of such amounts as are appropriate to meet their estimated relevant expenditure attributable to authorisations, such amounts to be determined by the Secretary of State if the chief inspector and the authority fail to agree on an appropriate amount of payment.
(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.
(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, the variations specified in a variation notice shall take effect on the date or dates so specified.
(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
(b) require the holder to pay the fee (if any) prescribed by a scheme under section 8 above within such period as may be specified in the notice.
(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”, in relation to the subsisting conditions or other provisions of an authorisation, means adding to them or varying or rescinding any of them;
and “variation” shall be construed accordingly.
(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.
Environmental Protection Act 1990