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Control of Pollution Act 1974

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Control of Pollution Act 1974 is up to date with all changes known to be in force on or before 17 November 2024. There are changes that may be brought into force at a future date. Help about Changes to Legislation

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Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the affected provisions when you open the content using the Table of Contents below.

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Changes and effects yet to be applied to :

  • s. 24(1)-(3) repealed by 1983 c. 35 Sch. 2
  • s. 61(9) excluded by S.I. 2020/1297 art. 53(2) (This amendment not applied to legislation.gov.uk. S.I. 2020/1297 was withdrawn following a request from the Department of Transport dated 9th August 2021 which followed the decision of the High Court of Justice to quash this Order in the judgement dated 2nd August 2021 (High Court of Justice — Planning Court — The Queen (on the application of Save Stonehenge World Heritage Site) v. Secretary of State for Transport — Case No. CO/4844/2020))
  • s. 61(9) excluded by S.I. 2021/51 art. 43(2) (This amendment not applied to legislation.gov.uk. S.I. 2021/51 removed from the website by request from the Department of Transport dated 12th July 2021 which followed the decision of the High Court of Justice to quash these Regulations in the judgement dated 8th July 2021 (High Court of Justice — Planning Court — The Queen (on the application of Mair Bain) v. Secretary of State for Transport — Case No. CO/642/2021).)
  • s. 61(9) excluded by S.I. 2024/752 art. 44(2)
  • s. 65(8) excluded by 2017 c. 7 Sch. 27 para. 4(b) (Effect superseded by repeal of s. 65.)
  • s. 65(8) excluded by S.I. 2015/1832 art. 18(3) (This amendment not applied to legislation.gov.uk. S. 65 was fully repealed on (1.10.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(7), Sch. 13 para. 11; S.I. 2015/1732, art. 2(f))
  • s. 65(8) excluded by S.I. 2015/1876 art. 36(2)(b) (This amendment not applied to legislation.gov.uk. S. 65 was fully repealed on (1.10.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(7), Sch. 13 para. 11; S.I. 2015/1732, art. 2(f))
  • s. 65(8) excluded by S.I. 2016/779 art. 9(2) (Effect superseded by repeal of s. 65.)
  • s. 65(8) excluded by S.I. 2017/766 art. 8(2) (Effect superseded by repeal of s. 65.)
  • s. 65(8) excluded by S.I. 2018/446 art. 30(2)(b) (Effect superseded by repeal of s. 65.)
  • s. 65(8) excluded by S.I. 2018/923 art. 29(2) (Effect superseded by repeal of s. 65.)
  • s. 65(8) excluded by S.I. 2020/547 art. 7(2)
  • s. 65(8) excluded by S.I. 2023/110 art. 17(2)
  • s. 65(8) excluded by S.I. 2024/70 art. 36(2) (This amendment not applied to Legislation.gov.uk. The affected provision was repealed (S.) (30.6.2014) by Regulatory Reform (Scotland) Act 2014 (asp 3), s. 61(2), Sch. 3 para. 16(2)(o); S.S.I. 2014/160, art. 2(1)(2), Sch. and omitted (E.W.) (1.10.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(7), Sch. 13 para. 11; S.I. 2015/1732, art. 2(f).)
  • s. 76(4) words repealed by 1990 c. 43 Sch. 16 Pt. 1 (This amendment not applied to legislation.gov.uk. S. 76 already repealed (27.8.1993) by 1993 c. 11, ss. 67(3), 68(2), Sch. 6)
  • s. 78(1) words repealed by 1990 c. 43 Sch. 16 Pt. 1 (This amendment not applied to legislation.gov.uk. S. 78 already repealed (27.8.1993) by 1993 c. 11, ss. 67(3), 68(2), Sch. 6)
  • s. 79(4) words repealed by 1990 c. 43 Sch. 16 Pt. 1 (This amendment not applied to legislation.gov.uk. S. 79 already repealed (27.8.1993) by 1993 c. 11, ss. 67(3), 68(2), Sch. 6)
  • s. 80(3) words repealed by 1990 c. 43 Sch. 16 Pt. 1 (This amendment not applied to legislation.gov.uk. S. 80 already repealed (27.8.1993) by 1993 c. 11, ss. 67(3), 68(2), Sch. 6)
  • s. 84(1) words repealed by 1990 c. 43 Sch. 16 Pt. 1 (This amendment not applied to legislation.gov.uk. S. 84 already repealed (27.8.1993) by 1993 c. 11, ss. 67(3), 68(2), Sch. 6)
  • s. 103(1)(a) words repealed by 1990 c. 43 Sch. 16 Pt. 1 (This amendment not applied to legislation.gov.uk. S. 103 already repealed (27.8.1993) by 1993 c. 11, ss. 67(3), 68(2), Sch. 6)
  • Sch. 2 para. 15 repealed by 1989 c. 15 Sch. 27 Pt. 2

  1. Introductory Text

  2. Part I Waste on land

    1. Waste disposal arrangements

      1. 1. Arrangements for disposing of controlled waste.

    2. Waste disposal plans

      1. 2. Preparation and revision of waste disposal plans.

    3. Licensing of disposal of controlled waste.

      1. 3. Prohibition of unlicensed disposal of waste.

      2. 4. Provisions supplementary to s. 3.

      3. 5. Licences to dispose of waste.

      4. 6. Provisions supplementary to s. 5.

      5. 7. Variation of conditions and revocation of licences.

      6. 8. Transfer and relinquishment of licences.

      7. 9. Supervision of licensed activities.

      8. 10. Appeals to Secretary of State from decisions with respect to licences.

      9. 11.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

    4. Collection and disposal of controlled waste

      1. 12. Collection of waste.

      2. 13. Dustbins etc.

      3. 14. Disposal of waste in England and Wales.

      4. 15. Disposal of waste in Scotland.

      5. 16. Removal of waste deposited in breach of licensing provisions.

      6. 17. Special provisions with respect to certain dangerous or intractable waste.

    5. Waste other than controlled waste

      1. 18. Application of preceding provisions to other waste.

      2. 19. Powers of disposal authorities as respects other waste.

    6. Reclamation etc. of waste

      1. 20. Reclamation of waste.

      2. 21. Production of heat and electricity from waste etc.

    7. Street cleaning and litter

      1. 22. Street cleaning etc.

      2. 23. Prohibition of parking to facilitate street cleaning.

      3. 24. Litter.

    8. Supplemental

      1. 25. Disposal of waste underground by Coal Board etc.

      2. 26. Outfall pipes for sewage disposal works.

      3. 27. Interference with refuse tips and dustbins etc.

      4. 28. Supplementary provisions relating to pipes.

      5. 29. Modification of Parts I and II to avoid duplication of control.

      6. 30. Interpretation etc. of Part I.

  3. Part IA Abandoned Mines

    1. 30Y. Introductory.

    2. 30Z. Mine operators to give SEPA six months’ notice of any proposed abandonment.

  4. Part II Pollution of water

    1. General provisions

      1. 30A. Waters to which Part II applies.

      2. 30B. Classification of quality waters.

      3. 30C. Water quality objectives.

      4. 30D. General duties to achieve and maintain objectives etc.

      5. 30E. Consultation and collaboration.

    2. Control of entry of polluting matter and effluents into water

      1. 30F. Pollution offences.

      2. 30G. Prohibition of certain discharges by notice or regulations.

      3. 30H. Discharges into and from sewers etc.

      4. 30I. Defence to principal offences in respect of authorised discharges.

      5. 30J. Other defences to principal offences.

    3. Control of entry of polluting matter and effluents into water

      1. 31. Control of pollution of rivers and coastal waters etc.

      2. 31A. Requirements to take precautions against pollution.

      3. 31B. Nitrate sensitive areas.

      4. 31C. Registering of agreement.

      5. 31D. Pollution of water

      6. 32. Pollution of water

      7. 33. Control of sanitary appliances on vessels.

    4. Consents for discharges

      1. 34. Consents for discharges of trade and sewage effluent etc.

      2. 35. Reference to Secretary of State of certain applications for consent.

      3. 36. Provisions supplementary to ss. 34 and 35.

      4. 37. Revocation of consents and alteration and imposition of conditions.

      5. 38. Restriction on variation and revocation of consent and of previous variation.

      6. 38A. General review of consents.

      7. 39. Appeals to the Secretary of State.

      8. 40. Transitional provisions relating to consent.

    5. Ancillary provisions relating to control of discharges

      1. 41. Registers.

      2. 42A. Exclusion from registers of information affecting national security.

      3. 42B. Exclusion from registers of certain confidential information.

    6. Control of discharges of trade effluent into public sewers

      1. 43. Pollution of water

      2. 44. Pollution of water

      3. 45. Pollution of water

    7. Miscellaneous

      1. 46. Operations by river purification authorities to remedy or forestall pollution of water.

      2. 46A. Notices requiring persons to carry out anti-pollution operations.

      3. 46B. Grant of, and compensation for, rights of entry etc.

      4. 46C. Appeals against works notices.

      5. 46D. Consequences of not complying with a works notice.

      6. 47. Duty of water authorities to deal with waste from vessels etc.

      7. 48. Power of water authorities to exclude unregistered vessels from rivers etc.

      8. 49. Deposits and vegetation in rivers etc.

      9. 49A. Enforcement notices as respects discharge consents.

      10. 49B. Appeals against enforcement notices.

      11. 50. Investigation of water pollution problems arising from closure of mines.

      12. 51. Codes of good agricultural practice.

      13. 52. Charges in respect of certain discharges in England and Wales.

      14. 53. Miscellaneous

      15. 54. Miscellaneous

    8. Supplemental

      1. 55. Pollution of water

      2. 55A. Regulations under this Part.

      3. 56. Interpretation etc. of Part II.

  5. Part III Noise

    1. Periodical inspections by local authorities

      1. 57. Periodical inspections by local authorities.

    2. Summary proceedings to deal with noise

      1. 58. Summary proceedings by local authorities.

      2. 58A. Service of notice in respect of anticipated road noise or road noise from unattended vehicles, machinery or equipment.

      3. 58B. Actings where notice in respect of road noise not complied with.

      4. 59.Summary proceedings by occupier of premises.

      5. 59A. Supplementary provisions in relation to road noise.

    3. Construction sites

      1. 60. Control of noise on construction sites.

      2. 61.Prior consent for work on construction sites.

    4. Noise in streets

      1. 62. Noise in streets.

    5. Noise abatement zones

      1. 63. Designation of zones.

      2. 64. Register of noise levels.

      3. 65. Noise exceeding registered level.

      4. 66. Reduction of noise levels.

      5. 67. New buildings etc.

    6. Noise from plant or machinery

      1. 68. Noise from plant or machinery.

    7. Supplemental

      1. 69. Execution of works by local authority.

      2. 70. Appeals to Secretary of State and magistrates’ court.

      3. 71. Codes of practice for minimising noise.

      4. 72.“Best practicable means”.

      5. 73. Interpretation and other supplementary provisions.

      6. 74. Penalties.

  6. Part IV

    1. Prevention of atmospheric pollution

      1. 75. Regulations about motor fuel.

      2. 76. Regulations about sulphur content of oil fuel for furnaces or engines.

      3. 77. Provisions supplementary to ss. 75 and 76.

      4. 78. Cable burning.

    2. Information about atmospheric pollution

      1. 79. Research and publicity.

      2. 80. Notices requiring information about air pollution.

      3. 81. Appeals against notices.

      4. 82. Regulations about research and publicity.

      5. 83. Provision by local authorities of information for Secretary of State.

    3. Interpretation

      1. 84. Interpretation of Part IV.

  7. Part V Supplementary provisions

    1. Legal proceedings

      1. 85. Appeals to Crown Court or Court of Session against decisions of magistrates’ court or sheriff.

      2. 86.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

      3. 87. Miscellaneous provisions relating to legal proceedings.

      4. 88. Civil liability for contravention of s. 3(3).

    2. Financial provisions

      1. 89. Expenses and receipts of Secretary of State etc.

      2. 90. Establishment charges and interest in respect of certain expenses of authorities.

    3. Miscellaneous

      1. 91. Rights of entry and inspection etc.

      2. 92. Provisions supplementary to s. 91.

      3. 93. Power of authorities to obtain information.

      4. 94. Prohibition of disclosure of information.

      5. 95. Service of documents on and by certain undertakers.

      6. 96. Local inquiries.

      7. 97. Default powers.

      8. 98. Interpretation of Part V.

  8. Part VI Miscellaneous and general

    1. Miscellaneous

      1. 99. Alteration of penalties.

      2. 100.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

      3. 101. Disposal of waste etc by Atomic Energy Authority.

      4. 102. Power to give effect to international agreements.

      5. 103. Adaptation of enactments to metric units.

    2. General

      1. 104. Orders and regulations.

      2. 105. Interpretation etc—general.

      3. 106. General application to Scotland.

      4. 107. Application to Isles of Scilly.

      5. 108. Minor and consequential amendments of enactments, and repeals.

      6. 109. Short title, commencement and extent.

  9. SCHEDULES

    1. SCHEDULE 1

      Noise Abatement Zones

      1. 1.. . . . . . . . . ....

      2. 2.. . . . . . . . . ....

      3. 3.. . . . . . . . . ....

      4. 4.. . . . . . . . . ....

      5. 5.. . . . . . . . . ....

    2. SCHEDULE 1A

      Orders Designating Nitrate Sensitive Areas: Scotland

      1. Part I Applications by SEPA for Designation Orders

        1. Orders made only on application

          1. 1.(1) Subject to sub-paragraph (2) below, the Secretary of State...

        2. Procedure for applications

          1. 2.(1) SEPA shall not, for the purposes of paragraph 1...

      2. Part II Orders Containing Mandatory Provisions Etc.

        1. Publication of proposal for order containing mandatory provisions

          1. 3.(1) This paragraph applies where the Secretary of State proposes...

        2. Supply of copies of proposed orders

          1. 4.The Secretary of State shall, at the request of any...

        3. Modifications of proposals

          1. 5.(1) Where notices with respect to any proposed order have...

        4. Consideration of objections et ceteralaetc.

          1. 6.Without prejudice to section 96 of this Act, where notices...

        5. Consent of Treasury for payment provisions

          1. 7.The consent of the Treasury shall be required for the...

          2. 8.In this Part, “local authority” means a council constituted under...

    3. SCHEDULE 2

      Alteration of penalties

      1. The Public Health (Scotland) Act 1897

        1. 1.. . . . . . . . . ....

        2. 2.. . . . . . . . . ....

        3. 3.. . . . . . . . . ....

      2. The Alkali, &c. Works Regulation Act 1906

        1. 4.. . . . . . . . . ....

        2. 5.. . . . . . . . . ....

      3. The Public Health Act 1936

        1. 6.In section 19(3) of the Public Health Act 1936 (under...

        2. 7.In section 27 of that Act (which provides that certain...

        3. 8.In section 34(5) of that Act (under which a person...

        4. 9.In section 36(1) of that Act (under which a person...

        5. 10.In section 41(3) of that Act (under which a person...

        6. 11.In section 94(2) of that Act (under which a person...

        7. 12.In section 95(1) of that Act (under which a person...

      4. The Public Health (Drainage of Trade Premises Act 1937

        1. 13.In section 2 of the Public Health (Drainage of Trade...

        2. 14.In section 9 of that Act (under which a person...

      5. The Water Act 1945

        1. 15.In section 19(3) of the Water Act 1945 (under which...

        2. 16.In section 21 of that Act (under which a person...

        3. 17, 18.. . . . . . . . . ....

      6. The Clean Air Act 1956

        1. 19.. . . . . . . . . ....

      7. The Radioactive Substances Act 1960

        1. 20.. . . . . . . . . ....

      8. The Sewerage (Scotland) Act 1968

        1. 21.In section 12(8) of the Sewerage (Scotland) Act 1968 (under...

        2. 22.In section 14(6) of that Act (under which a person...

        3. 23.In section 24(2) of that Act (under which an occupier...

        4. 24.In section 45(2) of that Act (under which a person...

        5. 25.In section 46 of that Act (which provides that certain...

      9. The Clean Air Act 1968

        1. 26.. . . . . . . . . ....

        2. 27.. . . . . . . . . ....

    4. SCHEDULE 3

      Minor and consequential amendments of enactments

      1. The Alkali, &c. Works Regulation Act 1906

        1. 1.. . . . . . . . . ....

        2. 2.. . . . . . . . . ....

        3. 3.. . . . . . . . . ....

        4. 4.. . . . . . . . . ....

        5. 5.. . . . . . . . . ....

      2. The Public Health Act 1936

        1. 6.In section 3(1)(b) of the Public Health Act 1936 (under...

        2. 7.Sections 79 and 80 of that Act (which relate to...

      3. The Public Health (Drainage of Trade Premises) Act 1937

        1. 8.Sections 2(4) and 3(2) of the Public Health (Drainage of...

        2. 9.In section 4(5) of that Act (under which disputes arising...

        3. 10.In section 10(1) of that Act (which authorises the taking...

      4. The Salmon and Freshwater Fisheries (Protection) (Scotland) Act 1951

        1. 11.. . . . . . . . . ....

      5. The Rivers (Prevention of Pollution) (Scotland) Act 1951

        1. 12. Minor and consequential amendments of enactments

        2. 13. Minor and consequential amendments of enactments

        3. 14.In section 18 of that Act (which relates to the...

        4. 15.In section 19 of that Act (which empowers river purification...

      6. The Clean Air Act 1956

        1. 16. Minor and consequential amendments of enactments

      7. The Rivers (Prevention of Pollution) Act 1961

        1. 17.In section 10(1) of the Rivers (Prevention of Pollution) Act...

      8. The Public Health Act 1961

        1. 18.At the end of section 34(5) of the Public Health...

      9. The London Government Act 1963

        1. 19.In section 41(1)(b) of the London Government Act 1963 (which...

      10. The Water Resources Act 1963

        1. 20.In section 77(2) of the Water Resources Act 1963 (which...

        2. 21.In section 113(1) of that Act (which authorises water authorities...

        3. 22. Minor and consequential amendments of enactments

      11. The Spray Irrigation (Scotland) Act 1964

        1. 23.In section 9(2) of the Spray Irrigation (Scotland) Act 1964...

      12. The Rivers (Prevention of Pollution) (Scotland) Act 1965

        1. 24.In section 10(1) of the Rivers (Prevention of Pollution) (Scotland)...

        2. 25. Minor and consequential amendments of enactments

      13. The Hovercraft Act 1968

        1. 26.In section 1(1)(g) of the Hovercraft Act 1968 for the...

      14. The Water Act 1973

        1. 27.For the purposes of section 14 of the Water Act...

        2. 28.In subsection (12) of section 24 of that Act (which...

        3. 29.In section 36(3) of that Act (which among other things...

        4. 30.In paragraph 17(2) of Schedule 7 to that Act (which...

      15. The Local Government (Scotland) Act 1973

        1. 31. Minor and consequential amendments of enactments

    5. SCHEDULE 4

      Repeals

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