The Environmental Protection Act 1990 (Commencement No. 15) Order 1994

Provisions coming into force on 1st May 1994

2.—(1) The following provisions of the Environmental Protection Act 1990 shall come into force on 1st May 1994

• section 54 (insofar as not already in force);

• sections 58 and 59;

• section 60 (insofar as not already in force);

• sections 64 to 67 (insofar as not already in force);

• sections 73 and 74 (insofar as not already in force);

• section 162(1) insofar as it relates to paragraph 27 of Schedule 15;

• section 162(2) insofar as it relates to the following repeals in Part II of Schedule 16—

  • the repeal of section 1 of the Control of Pollution Act 1974(1);

  • in relation to Scotland only, the repeal of section 11 of the Control of Pollution Act 1974.

(2) The provisions of the Environmental Protection Act 1990 set out in paragraph (3) below shall come into force on 1st May 1994, save for the purposes of their application to the following activities—

(a) an activity which on that date is the subject of a pending application for a disposal licence under Part I of the Controlof Pollution Act 1974;

(b) an activity in respect of which on that date an appeal in pursuance of section 10(1)(d) of the Control of Pollution Act 1974 (appeals to Secretary of State where a disposal licence is revoked) is pending or where the period for making such an appealhas not expired;

(c) an activity which involves treating, keeping or disposing of scrap metal or motor vehicles which are to bedismantled;

(d) an activity—

(i) which on that date is the subject of a disposal licence under Part I of the Control of Pollution Act 1974;

(ii) which is or forms part of an existing process for which no authorisation has been granted; and

(iii) to which, if an authorisation were granted, section 33(1)(a) and (b) of the Environmental Protection Act 1990 would not apply by virtue of the Waste Management Licensing Regulations 1994(2).

(3) The provisions referred to in paragraph (2) are—

• section 33 (insofar as not already in force);

• sections 35 to 40 (insofar as not already in force);

• sections 42 and 43 (insofar as not already in force);

• section 44;

• section 57;

• section 162(1) insofar as it relates to paragraph 26 of Schedule 15;

• section 162(2) insofar as it relates to the following repeals in Part II of Schedule 16—

  • the repeal of sections 3 to 10, 18 and 27 of the Control of Pollution Act 1974.

(1)

1974 c. 40.

(2)

S.I. 1994/1056; see regulations 16 and 17, and Schedule 3.