Chwilio Deddfwriaeth

Chwiliad Uwch

Environment Act 1995

Status:

Point in time view as at 06/04/2016.

Changes to legislation:

Environment Act 1995, Cross Heading: Supplemental provisions is up to date with all changes known to be in force on or before 27 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

Close

Changes to Legislation

Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.

Supplemental provisionsE+W+S

53 Inquiries and other hearings.E+W+S

(1)Without prejudice to any other provision of this Act or any other enactment by virtue of which an inquiry or other hearing is authorised or required to be held, the appropriate Minister may cause an inquiry or other hearing to be held if it appears to him expedient to do so—

(a)in connection with any of the functions of a new Agency; or

(b)in connection with any of his functions in relation to a new Agency.

[F1(1A)Without prejudice to any other provision of this Act or any other enactment by virtue of which an inquiry or other hearing is authorised or required to be held, the Welsh Ministers may cause an inquiry or other hearing to be held if it appears to them expedient to do so—

(a)in connection with any of the relevant environmental functions of the Natural Resources Body for Wales; or

(b)in connection with any of their functions in relation to the relevant environmental functions of that Body.]

(2)Subsections (2) to (5) of section 250 of the M1Local Government Act 1972 (which contain supplementary provisions with respect to local inquiries held in pursuance of that section) shall apply to inquiries or other hearings under this section or any other enactment—

(a)in connection with any of the functions of the Agency [F2or any of the relevant environmental functions of the Natural Resources Body for Wales], or

(b)in connection with any functions of the Secretary of State or the Minister in relation to the Agency [F3or any functions of the Welsh Ministers in relation to the relevant environmental functions of the Natural Resources Body for Wales],

as they apply to inquiries under that section, but taking the reference in subsection (4) of that section to a local authority as including a reference to the Agency [F4or, as the case may be, the Natural Resources Body for Wales].

(3)The provisions of subsections (2) to (8) of section 210 of the M2Local Government (Scotland) Act 1973 (which relate to the holding of local inquiries) shall apply to inquiries or other hearings held under this section or any other enactment—

(a)in connection with any of the functions of SEPA, or

(b)in connection with any functions of the Secretary of State in relation to SEPA,

as they apply to inquiries held under that section.

[F5(4)In subsections (1) and (3) above, “enactment” includes an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament.]

[F6(4)In this section, “relevant environmental functions” means—

(a)pollution control functions (within the meaning of section 5); and

(b)any functions relating to water resources, flood and coastal erosion risk management or fisheries.]

Textual Amendments

Modifications etc. (not altering text)

C1S. 53(1)(a): transfer of functions (with effect in accordance with art. 1(3) of the amending S.I.) by The Natural Resources Body for Wales (Consequential Provision) Order 2013 (S.I. 2013/1821), arts. 1(2), 9(2) (with art. 24)

C2S. 53(1)(b) functions cease to be exercisable (with effect in accordance with art. 1(3) of the amending S.I.) by The Natural Resources Body for Wales (Consequential Provision) Order 2013 (S.I. 2013/1821), arts. 1(2), 9(1) (with art. 24)

C3S. 53(2): transfer of functions (with effect in accordance with art. 1(3) of the amending S.I.) by The Natural Resources Body for Wales (Consequential Provision) Order 2013 (S.I. 2013/1821), arts. 1(2), 9(2) (with art. 24)

Marginal Citations

54 Appearance in legal proceedings.E+W+S

In England and Wales, a person who is authorised by the Agency to prosecute on its behalf in proceedings before a magistrates’ court shall be entitled to prosecute in any such proceedings F7....

Textual Amendments

55 Continuity of exercise of functions: the new Agencies.E+W+S

(1)The abolition of—

(a)the National Rivers Authority,

(b)the London Waste Regulation Authority, or

(c)a river purification board,

shall not affect the validity of anything done by that Authority or board before the transfer date.

(2)Anything which, at the transfer date, is in the process of being done by or in relation to a transferor in the exercise of, or in connection with, any of the transferred functions may be continued by or in relation to the transferee.

(3)Anything done by or in relation to a transferor before the transfer date in the exercise of, or otherwise in connection with, any of the transferred functions, shall, so far as is required for continuing its effect on and after that date, have effect as if done by or in relation to the transferee.

(4)Subsection (3) above applies in particular to—

(a)any decision, determination, declaration, designation, agreement or instrument made by a transferor;

(b)any regulations or byelaws made by a transferor;

(c)any licence, permission, consent, approval, authorisation, exemption, dispensation or relaxation granted by or to a transferor;

(d)any notice, direction or certificate given by or to a transferor;

(e)any application, request, proposal or objection made by or to a transferor;

(f)any condition or requirement imposed by or on a transferor;

(g)any fee or charge paid by or to a transferor;

(h)any appeal allowed by or in favour of or against a transferor;

(j)any proceedings instituted by or against a transferor.

(5)Any reference in the foregoing provisions of this section to anything done by or in relation to a transferor includes a reference to anything which, by virtue of any enactment, is treated as having been done by or in relation to that transferor.

(6)Any reference to a transferor in any document constituting or relating to anything to which the foregoing provisions of this section apply shall, so far as is required for giving effect to those provisions, be construed as a reference to the transferee.

(7)The foregoing provisions of this section—

(a)are without prejudice to any provision made by this Act in relation to any particular functions; and

(b)shall not be construed as continuing in force any contract of employment made by a transferor;

and the Secretary of State may, in relation to any particular functions, by order exclude, modify or supplement any of the foregoing provisions of this section or make such other transitional provisions as he thinks necessary or expedient.

(8)Where, by virtue of any provision of Schedule 15 to this Act, the Minister is the transferor in the case of any functions, he shall have the same powers under subsection (7) above in relation to those functions as the Secretary of State.

(9)The power to make an order under subsection (7) above shall be exercisable by statutory instrument; and any statutory instrument containing such an order shall be subject to annulment pursuant to a resolution of either House of Parliament.

(10)In this section—

  • “the transferee”, in the case of any transferred functions, means the new Agency whose functions they become by virtue of any provision made by or under this Act;

  • “transferred functions” means any functions which, by virtue of any provision made by or under this Act, become functions of a new Agency; and

  • “transferor” means any body or person any or all of whose functions become, by virtue of any provision made by or under this Act, functions of a new Agency.

Commencement Information

I1S. 55 wholly in force at 1.4.1996; s. 55 not in force at Royal Assent see s. 125(3); s. 55(7)-(10) in force at 1.2.1996 by S.I. 1996/186, art 2; s. 55(1)-(6) in force at 1.4.1996 by S.I. 1996/186, art 3

56 Interpretation of Part I.E+W+S

(1)In this Part of this Act, except where the context otherwise requires—

  • F8...

  • “the 1990 Act” means the M3Environmental Protection Act 1990;

  • “the 1991 Act” means the M4Water Resources Act 1991;

  • [F9“appropriate agency” means the Agency or the Natural Resources Body for Wales;]

  • “the appropriate Minister”—

    (a)

    in the case of the Agency, means the Secretary of State or the Minister; and

    (b)

    in the case of SEPA, means the Secretary of State;

  • “the appropriate Ministers”—

    (a)

    in the case of the Agency, means the Secretary of State and the Minister; and

    (b)

    in the case of SEPA, means the Secretary of State;

  • [F9“the appropriate national authority” means—

    (a)

    in relation to the Agency, the Secretary of State;

    (b)

    in relation to the Natural Resources Body for Wales, the Welsh Ministers;]

  • [F10“the catchment areas of the rivers Dee, Wye and Severn” has the meaning given by article 1(3) of the National Assembly for Wales (Transfer of Functions) Order 1999;]

  • “conservancy authority” has the meaning given by section 221(1) of the 1991 Act;

  • “costs” includes—

    (a)

    costs to any person; and

    (b)

    costs to the environment;

  • “disposal authority”—

    (a)

    in the application of this Part in relation to the Agency, has the same meaning as it has in Part I of the M5Control of Pollution Act 1974 by virtue of section 30(1) of that Act; and

    (b)

    [F11in the application of this Part in relation to SEPA, has the meaning assigned to it by section 30(2) of that Act;]

  • [F12“the environment” means 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); ]

  • “environmental licence”, in the application of this Part in relation to [F13an appropriate agency], means any of the following—

    (a)

    registration of a person as a carrier of controlled waste under section 2 of the M6Control of Pollution (Amendment) Act 1989,

    (aa)

    [F14a permit granted by the appropriate agency under—

    (i)

    regulations made under section 2 of the Pollution Prevention and Control Act 1999, other than regulations made for the purpose of implementing the EUETS Directive,

    (ii)

    regulations made under section 61 of the Water Act 2014.]

    (b)

    [F15an authorisation under Part I of the 1990 Act, other than any such authorisation granted by a local enforcing authority,]

    (c)

    F16...

    (d)

    a licence under Chapter II of Part II of the 1991 Act,

    (e)

    F17...

    (f)

    F17...

    (g)

    F17...

    (h)

    [F18registration of a person as a broker of or dealer in controlled waste under any provision which gives effect in England and Wales to Article 26(b) of Directive 2008/98/EC of the European Parliament and of the Council on waste,]

    (j)

    [F19registration under Schedule 2 to the Environmental Permitting (England and Wales) Regulations 2007 of an establishment or undertaking in relation to a WEEE operation (as defined by paragraph 1 of Schedule 2 to those Regulations),]

    (k)

    F20...

    (l)

    [F21approval of a scheme under regulation 55 of the Waste Electrical and Electronic Regulations 2013 (“the WEEE Regulations”). ]

    (m)

    [F22compliance with the condition in regulation 57(f)(i) of the WEEE Regulations in relation to a scheme mentioned in paragraph (l).]

    (n)

    [F23approval of an authorised treatment facility or exporter under regulation 61 of the WEEE Regulations. ]

    (o)

    [F24extension of approval of an exporter under regulation 62 of the WEEE Regulations. ]

    so far as having effect in relation to England and Wales;

  • “environmental licence”, in the application of this Part in relation to SEPA, means any of the following—

    (a)

    F25...

    (aa)

    [F26a permit granted by SEPA under regulations under section 2 of the Pollution Prevention and Control Act 1999 [F27, other than regulations made for the purpose of implementing the EU ETS Directive]],

    (ab)

    [F28an authorisation under regulations under section 18 of the Regulatory Reform (Scotland) Act 2014,]

    (b)

    registration of a person as a carrier of controlled waste under section 2 of the M7Control of Pollution (Amendment) Act 1989 [F29or as a professional collector or transporter of waste under paragraph 12 of Schedule 4 to the Waste Management Licensing (Scotland) Regulations 2011],

    (c)

    [F15an authorisation under Part I of the 1990 Act,]

    (d)

    a waste management licence under Part II of that Act,

    (e)

    F17F25...

    (f)

    F17...

    (g)

    F17...

    (h)

    [F30registration of a person as a broker of, or dealer in, controlled waste under the Waste Management Licensing (Scotland) Regulations 2011,]

    (j)

    [F31registration in respect of an activity falling within paragraph 7, 8(2), 9, 10, 12, 19, 42, 45(1) or (2), 46 [F32 , 47 or 51 of Schedule 1] to those Regulations, except where the waste which is the subject of the activity consists of agricultural waste within the meaning of those Regulations,]

    (ja)

    [F33registration in respect of an activity falling within paragraph 17, 18, 36 or 39 of Schedule 3 to those Regulations, where the waste which is the subject of the activity consists of or includes waste batteries or accumulators to which Directive 2006/66/EC of the European Parliament and of the Council on batteries and accumulators applies, and those batteries or accumulators have been collected in accordance with Article 8 of that Directive,]

    (k)

    F20...

    (l)

    [F34approval of a scheme under regulation 55 of the Waste Electrical and Electronic Regulations 2013 (“the WEEE Regulations”). ]

    (m)

    [F35compliance with the condition in regulation 57(f)(i) of the WEEE Regulations in relation to a scheme mentioned in paragraph (l). ]

    (n)

    [F36approval of an authorised treatment facility or exporter under regulation 61 of the WEEE Regulations.]

    (o)

    [F37extension of approval of an exporter under regulation 62 of the WEEE Regulations.]

    so far as having effect in relation to Scotland;

  • [F38“the EU ETS Directive” means Directive 2003/87/EC of the European Parliament and of the Council establishing a scheme for greenhouse gas emissions allowance trading within the Community and amending Council Directive 96/61/EC, as amended from time to time;]

  • “flood defence functions”, in relation to [F13an appropriate agency], has the same meaning as in the 1991 Act;

  • “harbour authority” has the meaning given by section 221(1) of the 1991 Act;

  • “local authority”, in the application of this Part in relation to SEPA, means a district or islands council in Scotland;

  • “the Minister” means the Minister of Agriculture, Fisheries and Food;

  • “the Ministers” means the Secretary of State and the Minister;

  • “navigation authority” has the meaning given by section 221(1) of the 1991 Act;

  • “new Agency” means the Agency or SEPA;

  • “river purification authority” means a river purification authority within the meaning of the 1951 Act;

  • “river purification board” means a river purification board established by virtue of section 135 of the M8Local Government (Scotland) Act 1973;

  • “the transfer date” means such date as the Secretary of State may by order made by statutory instrument appoint as the transfer date for the purposes of this Part; and different dates may be appointed for the purposes of this Part—

    (i)

    as it applies for or in connection with transfers under or by virtue of Chapter I above, and

    (ii)

    as it applies for or in connection with transfers under or by virtue of Chapter II above;

  • “waste regulation authority”—

    (a)

    in the application of this Part in relation to the Agency, means any authority in England or Wales which, by virtue of section 30(1) of the 1990 Act, is a waste regulation authority for the purposes of Part II of that Act; and

    (b)

    in the application of this Part in relation to SEPA, means any council which, by virtue of section 30(1)(g) of the 1990 Act, is a waste regulation authority for the purposes of Part II of that Act.

(2)In relation to any time on or after 1st April 1996—

(a)subsection (1) above shall have effect as if, in the definition of “local authority”, for the words “district or islands council in Scotland” there were substituted the words “ council constituted under section 2 of the M9Local Government etc. (Scotland) Act 1994 ”; and

(b)in section 22(3)(a)(iv) above the reference to an islands council shall be construed as a reference to a council mentioned in section 3(1) of the Local Government etc. (Scotland) Act 1994.

(3)Where by virtue of any provision of this Part any function of a Minister of the Crown is exercisable concurrently by different Ministers, that function shall also be exercisable jointly by any two or more of those Ministers.

Textual Amendments

F12 Definition of “the environment” in s. 56(1) substituted (21.3.2000 (E.W.) and 29.9.2000 (S.)) by 1999 c. 24, s. 6(1), Sch. 2 para. 17; S.I. 2000/800, art. 2; S.S.I. 2000/322, art. 2

F26S. 56(1): para. (aa) in the definition of “environmental licence” in relation to SEPA inserted (S.) (28.9.2000) by S.S.I. 2000/323, regs. 1(1), 36, Sch. 10 para. 5(2)

F29Words in s. 56(1) inserted (S.) (27.3.2011) by The Waste (Scotland) Regulations 2011 (S.S.I. 2011/226), regs. 1(1), 3(2)(a)

F30Words in s. 56(1) substituted (S.) (27.3.2011) by The Waste (Scotland) Regulations 2011 (S.S.I. 2011/226), regs. 1(1), 3(2)(b)

F32Words in s. 56(1) substituted (S.) (27.3.2011) by The Waste (Scotland) Regulations 2011 (S.S.I. 2011/226), regs. 1(1), 3(2)(c)

Marginal Citations

Yn ôl i’r brig

Options/Help

Print Options

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open y Ddeddf Gyfan

Y Ddeddf Gyfan you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open Schedules only

Y Rhestrau you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Mae deddfwriaeth ar gael mewn fersiynau gwahanol:

Y Diweddaraf sydd Ar Gael (diwygiedig):Y fersiwn ddiweddaraf sydd ar gael o’r ddeddfwriaeth yn cynnwys newidiadau a wnaed gan ddeddfwriaeth ddilynol ac wedi eu gweithredu gan ein tîm golygyddol. Gellir gweld y newidiadau nad ydym wedi eu gweithredu i’r testun eto yn yr ardal ‘Newidiadau i Ddeddfwriaeth’.

Gwreiddiol (Fel y’i Deddfwyd neu y’i Gwnaed): Mae'r wreiddiol fersiwn y ddeddfwriaeth fel ag yr oedd pan gafodd ei deddfu neu eu gwneud. Ni wnaed unrhyw newidiadau i’r testun.

Pwynt Penodol mewn Amser: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.

Close

Gweler y wybodaeth ychwanegol ochr yn ochr â’r cynnwys

Rhychwant ddaearyddol: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Dangos Llinell Amser Newidiadau: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Dewisiadau Agor

Dewisiadau gwahanol i agor deddfwriaeth er mwyn gweld rhagor o gynnwys ar y sgrin ar yr un pryd

Close

Rhagor o Adnoddau

Gallwch wneud defnydd o ddogfennau atodol hanfodol a gwybodaeth ar gyfer yr eitem ddeddfwriaeth o’r tab hwn. Yn ddibynnol ar yr eitem ddeddfwriaeth sydd i’w gweld, gallai hyn gynnwys:

  • y PDF print gwreiddiol y fel deddfwyd fersiwn a ddefnyddiwyd am y copi print
  • rhestr o newidiadau a wnaed gan a/neu yn effeithio ar yr eitem hon o ddeddfwriaeth
  • manylion rhoi grym a newid cyffredinol
  • pob fformat o’r holl ddogfennau cysylltiedig
  • slipiau cywiro
  • dolenni i ddeddfwriaeth gysylltiedig ac adnoddau gwybodaeth eraill
Close

Llinell Amser Newidiadau

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

Rhagor o Adnoddau

Defnyddiwch y ddewislen hon i agor dogfennau hanfodol sy’n cyd-fynd â’r ddeddfwriaeth a gwybodaeth am yr eitem hon o ddeddfwriaeth. Gan ddibynnu ar yr eitem o ddeddfwriaeth sy’n cael ei gweld gall hyn gynnwys:

  • y PDF print gwreiddiol y fel deddfwyd fersiwn a ddefnyddiwyd am y copi print
  • slipiau cywiro

liciwch ‘Gweld Mwy’ neu ddewis ‘Rhagor o Adnoddau’ am wybodaeth ychwanegol gan gynnwys

  • rhestr o newidiadau a wnaed gan a/neu yn effeithio ar yr eitem hon o ddeddfwriaeth
  • manylion rhoi grym a newid cyffredinol
  • pob fformat o’r holl ddogfennau cysylltiedig
  • dolenni i ddeddfwriaeth gysylltiedig ac adnoddau gwybodaeth eraill

The data on this page is available in the alternative data formats listed: