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Environmental Protection Act 1990
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Changes over time for: Section 107
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Changes to legislation:
Environmental Protection Act 1990, Section 107 is up to date with all changes known to be in force on or before 24 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 the whole Act associated Parts and Chapters:
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 33(10A) inserted by 2024 asp 13 s. 20(2)(a)
- s. 33A(10)(a) words in s. 33A(10) renumbered as s. 33A(10)(a) by 2024 asp 13 s. 11(2)(a)
- s. 33A(10)(a) words substituted by 2024 asp 13 s. 11(2)(b)
- s. 33A(10)(b) inserted by 2024 asp 13 s. 11(2)(c)
- s. 33ZB(10A) inserted by 2021 c. 30 s. 69(3)(b)
- s. 34(6A) inserted by 2024 asp 13 s. 20(2)(b)
- s. 34ZB(8A) inserted by 2021 c. 30 s. 69(5)(b)
- s. 34ZC inserted by 2024 asp 13 s. 14(3)
- s. 44ZA(2)(aa) inserted by 2024 asp 13 s. 16(3)(c)
- s. 44ZZA inserted by 2024 asp 13 s. 16(2)
- s. 46ZA-46ZE inserted by 2024 asp 13 s. 15(2)
- s. 47B inserted by 2024 asp 13 s. 17(2)
- s. 59(1A) inserted by 2024 asp 13 s. 12(1)(a)
- s. 59(10)-(13) inserted by 2024 asp 13 s. 12(1)(e)
- s. 71A inserted by 2024 asp 13 s. 13(2)
- s. 88C 88D inserted by 2024 asp 13 s. 18(2)
- s. 106A inserted by 2023 c. 6 s. 41(2)
- s. 140(10A)-(10D) inserted by 2024 asp 13 s. 21(2)
- s. 161(2AA)(2AB) inserted by 2016 anaw 3 s. 69(4)
107 Meaning of “damage to the environment”, “control” and related expressions in Part VI.E+W
(1)The following provisions have effect for the interpretation of this Part.
[F1(2)The “environment” includes land, air and water and living organisms supported by any of those media.]
(3)“Damage to the environment” is caused by the presence in the environment of genetically modified organisms which have (or of a single such organism which has) escaped or been released from a person’s control and are (or is) capable of causing harm [F2to the living organisms supported by the environment].
(4)An organism shall be regarded as present in the environment notwithstanding that it is present in or on any human or other organism, or any other thing, which is itself present in the environment.
(5)Genetically modified organisms present in the environment are capable of causing harm if—
(a)they are individually capable, or are present in numbers such that together they are capable, of causing harm; or
(b)they are able to produce descendants which will be capable, or which will be present in numbers such that together they will be capable, of causing harm;
and a single organism is capable of causing harm either if it is itself capable of causing harm or if it is able to produce descendants which will be so capable.
[F3(6)“Harm” means adverse effects as regards the health of humans or the environment.]
(7)“Harmful” and “harmless” mean respectively, in relation to genetically modified organisms, their being capable or their being incapable of causing harm.
(8)The Secretary of State may by regulations provide, in relation to genetically modified organisms of any description specified in the regulations, that—
(a)the capacity of those organisms for causing harm of any description so specified, or
(b)harm of any description so specified,
shall be disregarded for such purposes of this Part as may be so specified.
[F4(9)Organisms of any description are under the “control” of a person where he keeps them contained by measures designed to limit their contact with humans and the environment and to prevent or minimise the risk of harm.]
(10)An organism under a person’s control is “released” if he deliberately causes or permits it to cease to be under his control or the control of any other person and to enter the environment; and such an organism “escapes” if, otherwise than by being released, it ceases to be under his control or that of any other person and enters the environment.
[F5(11)Genetically modified organisms of any description are “marketed” by a person when products consisting of or including such organisms are placed on the market by being made available to other persons, whether or not for consideration.]
Extent Information
E2This version of this provision extends to England and Wales; a separate version has been created for Scotland only
Textual Amendments
F1S. 107(2) substituted (E.) (17.10.2002) by Genetically Modified Organisms (Deliberate Release) Regulations 2002 (S.I. 2002/2443), regs. 1(2)(3), 4(2) and (W.) (31.12.2002) by virtue of Genetically Modified Organisms (Deliberate Release) (Wales) Regulations 2002 (S.I. 2002/3188), reg. 5(1)(2)(a)
F2Words in s. 107(3) omitted (E.) (17.10.2002) by virtue of Genetically Modified Organisms (Deliberate Release) Regulations 2002 (S.I. 2002/2443), regs. 1(2)(3), 4(3) and (W.) (31.12.2002) by virtue of Genetically Modified Organisms (Deliberate Release) (Wales) Regulations 2002 (S.I. 2002/3188), reg. 5(1)(2)(b)
F3S. 107(6) substituted (E.) (17.10.2002) by Genetically Modified Organisms (Deliberate Release) Regulations 2002 (S.I. 2002/2443), regs. 1(2)(3), 4(4) and (W.) (31.12.2002) by virtue of Genetically Modified Organisms (Deliberate Release) (Wales) Regulations 2002 (S.I. 2002/3188), reg. 5(1)(2)(c)
F4S. 107(9) substituted (E.) (17.10.2002) by Genetically Modified Organisms (Deliberate Release) Regulations 2002 (S.I. 2002/2443), regs. 1(2)(3), 4(5) and (W.) (31.12.2002) by virtue of Genetically Modified Organisms (Deliberate Release) (Wales) Regulations 2002 (S.I. 2002/3188), reg. 5(1)(2)(d)
F5S. 107(11) substituted (E.) (17.10.2002) by Genetically Modified Organisms (Deliberate Release) Regulations 2002 (S.I. 2002/2443), regs. 1(2)(3), 4(6) and (W.) (31.12.2002) by virtue of Genetically Modified Organisms (Deliberate Release) (Wales) Regulations 2002 (S.I. 2002/3188), reg. 5(1)(2)(e)
Commencement Information
I1S. 107 wholly in force at 1.2.1993; s. 107 not in force at Royal Assent see s. 164(2)(3); s. 107(8) in force 1.4.1991 see S.I. 1991/1042, art. 2; s. 107(1)-(7)(9)-(11) in force at 1.2.1993 see S.I. 1992/3253, art. 3.
107 Meaning of “damage to the environment”, “control” and related expressions in Part VI.S
(1)The following provisions have effect for the interpretation of this Part.
[F6(2)The “environment” includes land, air and water and the living organisms supported by any of those media.]
(3)“Damage to the environment” is caused by the presence in the environment of genetically modified organisms which have (or of a single such organism which has) escaped or been released from a person’s control and are (or is) capable of causing harm F7. . . .
(4)An organism shall be regarded as present in the environment notwithstanding that it is present in or on any human or other organism, or any other thing, which is itself present in the environment.
(5)Genetically modified organisms present in the environment are capable of causing harm if—
(a)they are individually capable, or are present in numbers such that together they are capable, of causing harm; or
(b)they are able to produce descendants which will be capable, or which will be present in numbers such that together they will be capable, of causing harm;
and a single organism is capable of causing harm either if it is itself capable of causing harm or if it is able to produce descendants which will be so capable.
[F8(6)“Harm” means adverse effects as regards the health of humans or the environment.]
(7)“Harmful” and “harmless” mean respectively, in relation to genetically modified organisms, their being capable or their being incapable of causing harm.
(8)The Secretary of State may by regulations provide, in relation to genetically modified organisms of any description specified in the regulations, that—
(a)the capacity of those organisms for causing harm of any description so specified, or
(b)harm of any description so specified,
shall be disregarded for such purposes of this Part as may be so specified.
[F9(9)Organisms of any description are under the “control” of a person where that person keeps them contained by specific measure designed to limit their contact with humans and the environment and to prevent or minimise the risk of harm.]
(10)An organism under a person’s control is “released” if he deliberately causes or permits it to cease to be under his control or the control of any other person and to enter the environment; and such an organism “escapes” if, otherwise than by being released, it ceases to be under his control or that of any other person and enters the environment.
[F10(11)Genetically modified organisms of any description are “marketed” when products consisting of or including such organisms are placed on the market by being made available to other persons, whether or not for consideration.]
Extent Information
E3This version of this provision extends to Scotland only; a separate version has been created for England and Wales only
Textual Amendments
F6S. 107(2) substituted (S.) (5.12.2002) by Genetically Modified Organisms (Deliberate Release) (Scotland) Regulations 2002 (S.S.I. 2002/541), reg. 4(2)
F7Words in s. 107(3) omitted (S.) (5.12.2002) by virtue of Genetically Modified Organisms (Deliberate Release) (Scotland) Regulations 2002 (S.S.I. 2002/541), reg. 4(3)
F8S. 107(6) substituted (S.) (5.12.2002) by Genetically Modified Organisms (Deliberate Release) (Scotland) Regulations 2002 (S.S.I. 2002/541), reg. 4(4)
F9S. 107(9) substituted (S.) (5.12.2002) by Genetically Modified Organisms (Deliberate Release) (Scotland) Regulations 2002 (S.S.I. 2002/541), reg. 4(5)
F10S. 107(11) substituted (S.) (5.12.2002) by Genetically Modified Organisms (Deliberate Release) (Scotland) Regulations 2002 (S.S.I. 2002/541), reg. 4(6)
Commencement Information
I1S. 107 wholly in force at 1.2.1993; s. 107 not in force at Royal Assent see s. 164(2)(3); s. 107(8) in force 1.4.1991 see S.I. 1991/1042, art. 2; s. 107(1)-(7)(9)-(11) in force at 1.2.1993 see S.I. 1992/3253, art. 3.
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