Search Legislation

Environmental Protection Act 1990

 Help about what version

What Version

 Help about advanced features

Advanced Features

 Help about opening options

Opening OptionsExpand opening options

Changes over time for: Section 28

 Help about opening options

Status:

Point in time view as at 01/01/2017. There are multiple versions of this provision on screen. These apply to different geographical extents. Help about Status

Changes to legislation:

Environmental Protection Act 1990, Section 28 is up to date with all changes known to be in force on or before 08 March 2025. 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

28 Authorisations and other statutory controls.E+W

(1)No condition shall at any time be attached to an authorisation so as to regulate the final disposal by deposit in or on land of controlled waste (within the meaning of Part II), nor shall any condition apply to such a disposal; F1. . .

(2)Where any of the activities comprising a prescribed process are regulated both by an authorisation granted by the enforcing authority under this Part and by [F2an environmental permit granted under [F3the Environmental Permitting (England and Wales) Regulations 2016 (S.I. 2016/1154)] in relation to a radioactive substances activity within the meaning of those Regulations], then, if different obligations are imposed as respects the same matter by a condition attached to the authorisation under this Part and a condition attached to the [F4environmental permit], the condition imposed by the authorisation under this Part shall be treated as not binding the person carrying on the process.

F5(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F5(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Extent Information

E1This version of this provision extends to England and Wales only; a separate version has been created for Scotland only

Textual Amendments

F1Words in s. 28(1) repealed (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 61(1), Sch. 24(with ss. 7(6), 115); S.I. 1996/186, art. 3

F5S. 28(3)(4) repealed (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 61(2), Sch.24(with ss. 7(6), 115); S.I. 1996/186, art.3

28 Authorisations and other statutory controls.S

(1)No condition shall at any time be attached to an authorisation so as to regulate the final disposal by deposit in or on land of controlled waste (within the meaning of Part II), nor shall any condition apply to such a disposal; F1. . .

(2)Where any of the activities comprising a prescribed process are regulated both by an authorisation granted by the enforcing authority under this Part and by a registration or authorisation under the M1[F6Radioactive Substances Act 1993], then, if different obligations are imposed as respects the same matter by a condition attached to the authorisation under this Part and a condition attached to the registration or authorisation under that Act, the condition imposed by the authorisation under this Part shall be treated as not binding the person carrying on the process.

F5(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F5(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Extent Information

E2This version of this provision extends to Scotland only; a separate version has been created for England and Wales only

Textual Amendments

F1Words in s. 28(1) repealed (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 61(1), Sch. 24(with ss. 7(6), 115); S.I. 1996/186, art. 3

F5S. 28(3)(4) repealed (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 61(2), Sch.24(with ss. 7(6), 115); S.I. 1996/186, art.3

F6Words in s. 28(2) substituted (27.8.1993) by 1993 c. 12, s. 49(1), Sch. 4 para. 6 (with ss. 42, 46)

Marginal Citations

M11993 C. 12

Back to top

Options/Help

You have chosen to open The Whole Act without Schedules

The Whole Act without Schedules 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 without Schedules as a PDF

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?