http://www.legislation.gov.uk/id/ukpga/1990/43

http://www.legislation.gov.uk/ukpga/1990/43/schedule/15

Environmental Protection Act 1990

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.

1990-11-01

text

text/xml

Statute Law Database

2024-05-21

Expert Participation

2024-05-17

Environmental Protection Act 1990

s. 33ZB(10A)

Environment Act 2021

s. 69(3)(b)

s. 144

s. 147(3)

(4)

Environmental Protection Act 1990

s. 34ZB(8A)

Environment Act 2021

s. 69(5)(b)

s. 144

s. 147(3)

(4)

Environmental Protection Act 1990

s. 161(2AA)

(2AB)

Environment (Wales) Act 2016

Deddf yr Amgylchedd (Cymru) 2016

s. 69(4)

s. 88(3)(b)

Environmental Protection Act 1990

s. 106A

Genetic Technology (Precision Breeding) Act 2023

s. 41(2)

s. 46

s. 48(4)

SCHEDULES

SCHEDULE 15 Consequential and Minor Amendments of Enactments

Section 162.

F11

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Exclusion of Alkali Works Act for prescribed processes

I12

~~F21In the~~ M1~~Alkali, &c. Works Regulation Act 1906 there shall be inserted, after section 2, the following section—~~

2A ~~Relation to Environmental Protection Act 1990, Part I.~~
1
~~The preceding provisions of this Part of this Act shall not apply to any process which is a prescribed process as from the date which is the determination date for that process.~~
2
~~The “determination date” for a prescribed process is—~~
a
in the case of a process for which an authorisation is granted, the date on which the enforcing authority grants it, whether in pursuance of the application or, on an appeal, of a direction to grant it;
b
~~in the case of a process for which an authorisation is refused, the date of the refusal or, on an appeal, of the affirmation of the refusal.~~
3
~~In this section “authorisation”, “enforcing authority” and “prescribed process” have the meaning given in section 1 of the Environmental Protection Act 1990 and the reference to an appeal is a reference to an appeal under section 15 of that Act.~~

~~and, immediately before section 25, as section 24A, a section in the same terms as the section 2A inserted after section 2.~~

Stray dogs

3

F18. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Statutory nuisances

4

1

The following provisions of the M2Public Health Act 1936 (matters deemed statutory nuisances) shall be amended as follows.

2

In section 141, for the words “Part III of this Act” there shall be substituted the words “ Part III of the Environmental Protection Act 1990 ”.

3

in section 259(1), for the words “Part III of this Act” there shall be substituted the words “ Part III of the Environmental Protection Act 1990 ”.

4

In section 268—

a

in subsection (1), for the words “Parts III” there shall be substituted the words “ Part III of the Environmental Protection Act 1990 and Parts ”;

b

in subsection (2), for the words “the said Part III” there shall be substituted the words “ Part III of the Environmental Protection Act 1990 ”; and

c

in subsection (3), for the words “Part III of this Act” there shall be substituted the words “ Part III of the Environmental Protection Act 1990 ”.

5

1

Section 151 of the M3Mines and Quarries Act 1954 (matters deemed statutory nuisances) shall be amended as follows.

2

In subsection (2), for the words “Part III of the Public Health Act 1936” there shall be substituted the words “ Part III of the Environmental Protection Act 1990 ”.

3

In subsection (3), for the words “Part III of the Public Health Act 1936” there shall be substituted the words “ Part III of the Environmental Protection Act 1990 ”.

F24

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Exclusion of Clean Air Act 1956 for prescribed processes

F36

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Statutory nuisances

F47

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F58

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

9

In section 1(1)(g) of the Hovercraft Act 1986 (power to exclude noise nuisance proceedings), after the word “1974” there shall be inserted the words “ or Part III of the Environmental Protection Act 1990. ”

Goods vehicle operators’ licences: pollution offences

I210

1

The following provisions of of the M4Transport Act 1968 shall be amended as follows.

F62

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3

In section 108(1) (statutory nuisance proceedings in relation to waterways), for the words “said Act of 1936” there shall be substituted the words “ Environmental Protection Act 1990 ”.

National Park Wardens

I311

In section 42 of the M5Countryside Act 1968 (National Park Wardens), in subsection (4)(a), for the words “section 1 of the Litter Act 1983” there shall be substituted the words “ section 87 of the Environmental Protection Act 1990 ”.

Exclusion of Clean Air Act 1968 for prescribed processes

F712

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Sale of electricity: Scotland

I413

In section 170A(3) of the M6Local Government (Scotland) Act 1973 (restriction on sale of electricity by local authority) after the word “prescribed,” there shall be inserted the words “ or in cases where it is produced from waste, ”.

Workplace emissions into the air

F2314

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Water, noise and atmospheric pollution

I515

1

The following provisions of the M7Control of Pollution Act 1974 shall be amended as follows.

2

~~F20In section 30D, after the words “and 1965” there shall be inserted the words~~ ~~“ and of the Environmental Protection Act 1990 ”~~.

3

In section 61(9), at the end, there shall be inserted the words “ (in relation to Scotland) or section 82 of the Environmental Protection Act 1990 (in relation to England and Wales) ”.

F194

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5

In section 74(2), after paragraph (b), there shall be inserted the following

; or
c
under section 80(4) of the Environmental Protection Act 1990,

F86

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F87

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F88

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F89

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F916

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Exclusion of Part II of Control of Pollution Act 1974 for radioactive substances: Scotland

17

~~F22For subsection (6) of section 56 of the~~ M8~~Control of Pollution Act 1974 (interpretation of Part II) there shall be substituted the following subsection—~~

6
Except as provided by regulations made under this subsection, nothing in this Part of this Act applies to radioactive waste within the meaning of the Radioactive Substances Act 1960; but regulations may—
a
provide for prescribed provisions of this Part of this Act to have effect with such modifications as the Secretary of State considers appropriate for the purposes of dealing with such radioactive waste;
b
~~make such modifications of the Radioactive Substances Act 1960 and any other Act as the Secretary of State considers appropriate in connection with regulations made under paragraph (a) above.~~

Statutory nuisances

F1018

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Refuse Disposal: Scotland

I619

1

Section 1 of the M9Refuse Disposal (Amenity) Act 1978 (provision by waste disposal authorities of places etc. for disposal of refuse) shall be amended in relation to Scotland as follows.

2

In subsection (1) at the end there shall be inserted the words “ and to dispose of refuse so deposited ”.

3

In subsection (6) for the words from “mandamus” to the end of the subsection there shall be substituted the words “ by proceedings under section 45 of the Court of Session Act 1988 ”.

4

In subsection (7) the definition of “local authority” and the word “and” which follows it shall be omitted.

Street cleansing: Scotland

I720

In section 25 of the M10Local Government and Planning (Scotland) Act 1982, for subsection (3) there shall be substituted—

3
In subsection (2) above “cleansing” means such cleansing as appears to the islands or as the case may be district council to be necessary in the interests of public health or safety or of the amenities of their area but does not include operations for the removal of snow or ice and “relevant land” means any land, in the open air, to which members of the public have access and which is not comprehended in a public road within the meaning of the Roads (Scotland) Act 1984.

Byelaws relating to straw or stubble burning

21

F17. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Functions assignable to London port health authority

I822

In section 7(4) of the M11Public Health (Control of Disease) Act 1984 (enactments functions under which are assignable to London port health authority), after the paragraph (k) inserted by paragraph 23 of Schedule 6 to the M12Building Act 1984, there shall be inserted the following paragraphs—

l
Part I of the Environmental Protection Act 1990;
m
Part III of the Environmental Protection Act 1990;

Street cleaning, etc: restriction of traffic

F1123

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Statutory nuisance

24

In section 76(1)(b) and (4)(a) of the M13Building Act 1984, for the words “sections 93 to 96 of the Public Health Act 1936” there shall be substituted the words “ section 80 of the Environmental Protection Act 1990 ”.

Registers of deposits etc. at sea: Northern Ireland Assembly control of regulations

25

In section 25(3) of the M14Food and Environment Protection Act 1985, after paragraph (a)(ii) there shall be inserted the following sub-paragraph—

iii
in section 14(8), for the words from “and any such power” onwards there shall be substituted the words “ and any such regulations shall be subject to negative resolution within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954; and ”

Constitution of authorities for waste disposal

I926

In section 10 of the M15Local Government Act 1985 (joint arrangements for waste disposal functions), in subsection (4), for the words “Part I of the Control of Pollution Act 1974” there shall be substituted the words “ Part II of the Environmental Protection Act 1990 ”.

Meaning of household waste: competition

27

In Schedule 1 to the M16Local Government Act 1988 (competition: collection of household waste), paragraph 1 shall be amended as follows—

a

in sub-paragraph (1), the words “In the application of this Part to England and Wales,” shall be omitted;

b

in sub-paragraph (2)(a), for the words “section 12 of the Control of Pollution Act 1974” there shall be substituted the words “ section 45 of the Environmental Protection Act 1990 ”;

c

in sub-paragraph (3), for the words “section 30(4) of the Control of Pollution Act 1974” there shall be substituted the words “ section 75(8) of the Environmental Protection Act 1990 ”; and

d

sub-paragraph (4) shall be omitted.

Exclusion of Water Act 1989 controls of exercise of trade effluent functions in case of prescribed processes

F1228

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Exclusion of Part III of Water Act 1989 for discharges from prescribed processes

F1329

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Contents of registers of National Rivers Authority

F1430

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Carriers of controlled waste

I1031

1

The M17Control of Pollution (Amendment) Act 1989 shall be amended as follows.

2

In the following provisions, for the words “disposal authority” and “disposal authorities” there shall be substituted the words “ regulation authority ” and “ regulation authorities ” respectively, that is to say, in sections 1(4)(a), 2(1), 2(b) and (e), (3)(a) and (e) and (4)(a), (b) and (c), 3(1), (2) and (6), 4(1), (3), (4), (5) and (8)(b) and (c), 5(1) and (4)(a), 6(1), (2), (3), (5), F15. . ., (7)(a) and (c), (8) and (9) and 7(1), F15. . ., (3)(a) and (8).

3

In section 6(1) (offences justifying seizure of vehicles), in paragraph (a)(i)—

a

after “1974” there shall be inserted the words “ or section 33 of the Environmental Protection Act 1990 ”; and

b

after the word “unlicensed” there shall be inserted the words “ deposit, treatment or ”.

4

In section 7 (enforcement)—

a

in subsection (1), for the words from “91” to “information)” there shall be substituted the words “ 68(3), (4) and (5), 69, 70 and 71 of the Environmental Protection Act 1990 (powers of entry, of dealing with imminent pollution and to obtain information) ”;

b

in subsection (2), paragraph (b) shall be omitted; and

F16c

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5

In section 9(1)—

a

in the definition of “controlled waste”—

i

for the words “, subject to subsection (2) below,” there shall be substituted the words “ , at any time, ”; and

ii

for the words “in Part I of the Control of Pollution Act 1974” there shall be substituted the words “ for the purposes of Part II of the Environmental Protection Act 1990 ”,

b

the definition of “disposal authority” shall be omitted; and

F16c

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

6

Section 9(2) shall be omitted.

SCHEDULES

SCHEDULE 15 Consequential and Minor Amendments of Enactments

F11

Exclusion of Alkali Works Act for prescribed processes

I12

2A Relation to Environmental Protection Act 1990, Part I.

1

2

a

b

3

Stray dogs

3

Statutory nuisances

4

1

2

3

4

a

b

c

5

1

2

3

F24

Exclusion of Clean Air Act 1956 for prescribed processes

F36

Statutory nuisances

F47

F58

9

Goods vehicle operators’ licences: pollution offences

I210

1

F62

3

National Park Wardens

I311

Exclusion of Clean Air Act 1968 for prescribed processes

F712

Sale of electricity: Scotland

I413

Workplace emissions into the air

F2314

Water, noise and atmospheric pollution

I515

1

2

3

F194

5

c

F86

F87

F88

F89

F916

Exclusion of Part II of Control of Pollution Act 1974 for radioactive substances: Scotland

17

6

a

b

Statutory nuisances

F1018

Refuse Disposal: Scotland

I619

1

2

3

4

Street cleansing: Scotland

I720

3

Byelaws relating to straw or stubble burning

21

Functions assignable to London port health authority

I822

l