Environment Act 1995

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Environment Act 1995

Changes over time for: Section 33

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Changes to legislation:

Environment Act 1995, Section 33 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.

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Changes and effects yet to be applied to Section 33:

s. 33(5)(e) word repealed by 1999 c. 24 Sch. 3

Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

s. 82(1A) inserted by 2024 asc 2 s. 16(3)
s. 83B inserted by 2024 asc 2 s. 17(1)
s. 85(3)(e)(f) inserted by 2024 asc 2 s. 18(b)
s. 110A applied by S.S.I. 2012/360, reg. 57A (as inserted) by 2024 asp 13 s. 20(3)
s. 110A-110D and cross-heading inserted by 2024 asp 13 s. 19(2)
Sch. 7 para. 7(4A) (4B) inserted by 2007 c. 28 Sch. 14 para. 4(3)

33[F1General duties as respects the state of the environment and effects of pollution.]E+W+S

(1)[F2SEPA’s pollution control powers shall be exercisable for the purpose of preventing or minimising, or remedying or mitigating the effects of, pollution of the environment.]

(2)SEPA [F3shall] [F3may], for the purpose—

(a)of facilitating the carrying out of its [F4pollution control] functions; or

(b)of enabling it to form an opinion of the general state of [F5pollution of] the environment,

compile information relating to [F6such pollution] [F6the general state of the environment] (whether the information is acquired by SEPA carrying out observations or is obtained in any other way).

(3)If required by the Secretary of State to do so, SEPA shall—

(a)carry out assessments (whether generally or for such particular purpose as may be specified in the requirement) of the effect, or likely effect, on the environment of existing or potential levels of pollution of the environment and report its findings to the Secretary of State; or

(b)prepare and send to the Secretary of State a report identifying—

(i)the options which SEPA considers to be available for preventing or minimising, or remedying or mitigating the effects of, pollution of the environment, whether generally or in cases or circumstances specified in the requirement; and

(ii)the costs and benefits of such options as are identified by SEPA pursuant to sub-paragraph (i) above.

(4)[F7SEPA shall follow developments in technology and techniques for preventing or minimising, or remedying or mitigating the effects of, pollution of the environment.]

(5)[F8In this section, “pollution control powers” and “pollution control functions” in relation to SEPA, mean respectively its powers or its functions under or by virtue of—

(a)the M1Alkali, &c. Works Regulation Act 1906;

(b)F9... Parts I, IA and II of the M2Control of Pollution Act 1974;

(c)Part I of the M3Health and Safety at Work etc. Act 1974;

(d)the M4Control of Pollution (Amendment) Act 1989;

(e)Parts I, II and IIA of the 1990 Act;

(f)section 19 of the M5Clean Air Act 1993;

(g)the M6Radioactive Substances Act 1993;

[F10(ga)regulations under section 2 of the Pollution Prevention and Control Act 1999;] F11...

(h)regulations made by virtue of section 2(2) of the M7European Communities Act 1972, to the extent that the regulations relate to pollution [F12and;

(i)the Water Environment and Water Services (Scotland) Act 2003 (asp 3) and any regulations made under that Act.]]

Textual Amendments

F1S. 33 title substituted (S.) (30.6.2014) by virtue of Regulatory Reform (Scotland) Act 2014 (asp 3), s. 61(2), sch. 3 para. 14(6); S.S.I. 2014/160, art. 2(1)(2)