Control of Pollution Act 1974
Part I Waste on land
Waste disposal arrangements
1 Arrangements for disposing of controlled waste.
Waste disposal plans
2 Preparation and revision of waste disposal plans.
Licensing of disposal of controlled waste.
3 Prohibition of unlicensed disposal of waste.
4 Provisions supplementary to s. 3.
5 Licences to dispose of waste.
6 Provisions supplementary to s. 5.
7 Variation of conditions and revocation of licences.
8 Transfer and relinquishment of licences.
9 Supervision of licensed activities.
10 Appeals to Secretary of State from decisions with respect to licences.
11 Special provisions for land occupied by disposal authorities.
Collection and disposal of controlled waste
12 Collection of waste.
13 Dustbins etc.
14 Disposal of waste in England and Wales.
15 Disposal of waste in Scotland.
16 Removal of waste deposited in breach of licensing provisions.
17 Special provisions with respect to certain dangerous or intractable waste.
Waste other than controlled waste
18 Application of preceding provisions to other waste.
19 Powers of disposal authorities as respects other waste.
Reclamation etc. of waste
20 Reclamation of waste.
21 Production of heat and electricity from waste etc.
Street cleaning and litter
22 Street cleaning etc.
23 Prohibition of parking to facilitate street cleaning.
24 Litter.
Supplemental
25 Disposal of waste underground by Coal Board etc.
26 Outfall pipes for sewage disposal works.
27 Interference with refuse tips and dustbins etc.
28 Supplementary provisions relating to pipes.
29 Modification of Parts I and II to avoid duplication of control.
30 Interpretation etc. of Part I.
Part IA Abandoned Mines
30Y Introductory.
30Z Mine operators to give SEPA six months’ notice of any proposed abandonment.
Part II Pollution of water
General provisions
30A Waters to which Part II applies.
30B Classification of quality waters.
30C Water quality objectives.
30D General duties to achieve and maintain objectives etc.
30E Consultation and collaboration.
Control of entry of polluting matter and effluents into water
30F Pollution offences.
30G Prohibition of certain discharges by notice or regulations.
30H Discharges into and from sewers etc.
30I Defence to principal offences in respect of authorised discharges.
30J Other defences to principal offences.
Control of entry of polluting matter and effluents into water
31 Control of pollution of rivers and coastal waters etc.
31A Requirements to take precautions against pollution.
31B Nitrate sensitive areas.
31C Registering of agreement.
31D Powers of entry in relation to agreements under section 31B.
32 Control of discharges of trade and sewage effluent etc. into rivers and coastal waters etc.
33 Control of sanitary appliances on vessels.
Consents for discharges
34 Consents for discharges of trade and sewage effluent etc.
35 Reference to Secretary of State of certain applications for consent.
36 Provisions supplementary to ss. 34 and 35.
37 Revocation of consents and alteration and imposition of conditions.
38 Restriction on variation and revocation of consent and of previous variation.
38A General review of consents.
39 Appeals to the Secretary of State.
40 Transitional provisions relating to consent.
Ancillary provisions relating to control of discharges
41 Registers.
42A Exclusion from registers of information affecting national security.
42B Exclusion from registers of certain confidential information.
42 Power of Secretary of State to exempt applications, consents and conditions etc. from publicity.
Control of discharges of trade effluent into public sewers
43 Control of discharges into sewers.
44 Provisions supplementary to s. 43.
45 Early variation of conditions of discharges.
Miscellaneous
46 Operations by river purification authorities to remedy or forestall pollution of water.
46A Notices requiring persons to carry out anti-pollution operations.
46B Grant of, and compensation for, rights of entry etc.
46C Appeals against works notices.
46D Consequences of not complying with a works notice.
47 Duty of water authorities to deal with waste from vessels etc.
48 Power of water authorities to exclude unregistered vessels from rivers etc.
49 Deposits and vegetation in rivers etc.
49A Enforcement notices as respects discharge consents.
49B Appeals against enforcement notices.
50 Investigation of water pollution problems arising from closure of mines.
51 Codes of good agricultural practice.
52 Charges in respect of certain discharges in England and Wales.
53 Charges in respect of consents, etc.
54 Directions to the river purification authority.
Supplemental
55 Discharges by islands councils.
55A Regulations under this Part.
56 Interpretation etc. of Part II.
Part III Noise
Periodical inspections by local authorities
57 Periodical inspections by local authorities.
Summary proceedings to deal with noise
58 Summary proceedings by local authorities.
58A Service of notice in respect of anticipated road noise or road noise from unattended vehicles, machinery or equipment.
58B Actings where notice in respect of road noise not complied with.
59Summary proceedings by occupier of premises.
59A Supplementary provisions in relation to road noise.
Construction sites
60 Control of noise on construction sites.
61 Prior consent for work on construction sites.
Noise in streets
62 Noise in streets.
Noise abatement zones
63 Designation of zones.
64 Register of noise levels.
65 Noise exceeding registered level.
66 Reduction of noise levels.
67 New buildings etc.
Noise from plant or machinery
68 Noise from plant or machinery.
Supplemental
69 Execution of works by local authority.
70 Appeals to Secretary of State and magistrates’ court.
71 Codes of practice for minimising noise.
72“Best practicable means”.
73 Interpretation and other supplementary provisions.
74 Penalties.
Part IV
Prevention of atmospheric pollution
75 Regulations about motor fuel.
76 Regulations about sulphur content of oil fuel for furnaces or engines.
77 Provisions supplementary to ss. 75 and 76.
78 Cable burning.
Information about atmospheric pollution
79 Research and publicity.
80 Notices requiring information about air pollution.
81 Appeals against notices.
82 Regulations about research and publicity.
83 Provision by local authorities of information for Secretary of State.
Interpretation
84 Interpretation of Part IV.
Part V Supplementary provisions
Legal proceedings
85 Appeals to Crown Court or Court of Session against decisions of magistrates’ court or sheriff.
86. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
87 Miscellaneous provisions relating to legal proceedings.
88 Civil liability for contravention of s. 3(3).
Financial provisions
89 Expenses and receipts of Secretary of State etc.
90 Establishment charges and interest in respect of certain expenses of authorities.
Miscellaneous
91 Rights of entry and inspection etc.
92 Provisions supplementary to s. 91.
93 Power of authorities to obtain information.
94 Prohibition of disclosure of information.
95 Service of documents on and by certain undertakers.
96 Local inquiries.
97 Default powers.
98 Interpretation of Part V.
Part VI Miscellaneous and general
Miscellaneous
99 Alteration of penalties.
100. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
101 Disposal of waste etc by Atomic Energy Authority.
102 Power to give effect to international agreements.
103 Adaptation of enactments to metric units.
General
104 Orders and regulations.
105 Interpretation etc—general.
106 General application to Scotland.
107 Application to Isles of Scilly.
108 Minor and consequential amendments of enactments, and repeals.
109 Short title, commencement and extent.
SCHEDULES
SCHEDULE 1 Noise Abatement Zones
1Before making a noise abatement order the local authority—
2The requirements referred to in the preceding paragraph are that...
3(1) If an objection is duly made to the local...
4(1) Subject to paragraph 5 below, an order shall come...
5If, before the date on which the order is to...
SCHEDULE 1A Orders Designating Nitrate Sensitive Areas: Scotland
Part I Applications by River Purification Authorities for Designation Orders
Orders made only on application
1(1) Subject to sub-paragraph (2) below, the Secretary of State...
Procedure for applications
2(1) A river purification authority shall not, for the purposes...
Part II Orders Containing Mandatory Provisions Etc.
Publication of proposal for order containing mandatory provisions
3(1) This paragraph applies where the Secretary of State proposes...
Supply of copies of proposed orders
4The Secretary of State shall, at the request of any...
Modifications of proposals
5(1) Where notices with respect to any proposed order have...
Consideration of objections etc.
6Without prejudice to section 96 of this Act, where notices...
Consent of Treasury for payment provisions
7The consent of the Treasury shall be required for the...
8In this Part, “local authority” means a regional, islands or...
SCHEDULE 2 Alteration of penalties
The Public Health (Scotland) Act 1897
1In section 22 of the Public Health (Scotland) Act 1897...
2In section 24 of that Act (which penalises failure to...
3In section 36(1) of that Act (which provides for a...
The Alkali, &c. Works Regulation Act 1906
4In section 12(4) of the Alkali Act (under which obstruction...
5In section 16A of that Act (which provides for certain...
The Public Health Act 1936
6In section 19(3) of the Public Health Act 1936 (under...
7In section 27 of that Act (which provides that certain...
8In section 34(5) of that Act (under which a person...
9In section 36(1) of that Act (under which a person...
10In section 41(3) of that Act (under which a person...
11In section 94(2) of that Act (under which a person...
12In section 95(1) of that Act (under which a person...
The Public Health (Drainage of Trade Premises Act 1937
13In section 2 of the Public Health (Drainage of Trade...
14In section 9 of that Act (under which a person...
The Water Act 1945
15In section 19(3) of the Water Act 1945 (under which...
16In section 21 of that Act (under which a person...
17, 18. . . . . . . . . ....
The Clean Air Act 1956
19. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Radioactive Substances Act 1960
20(1) In subsection (2) of section 13 of the Radioactive...
The Sewerage (Scotland) Act 1968
21In section 12(8) of the Sewerage (Scotland) Act 1968 (under...
22In section 14(6) of that Act (under which a person...
23In section 24(2) of that Act (under which an occupier...
24In section 45(2) of that Act (under which a person...
25In section 46 of that Act (which provides that certain...
The Clean Air Act 1968
26. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
27. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
SCHEDULE 3 Minor and consequential amendments of enactments
The Alkali, &c. Works Regulation Act 1906
1Sections 3, 4 and 5 of the Alkali Act (alkali...
2Section 8 of that Act (which is superseded by paragraph...
3(1) In section 27 of that Act as amended by...
4(1) At the end of Schedule 1 to that Act,...
5. . . . . . . . . ....
The Public Health Act 1936
6In section 3(1)(b) of the Public Health Act 1936 (under...
7Sections 79 and 80 of that Act (which relate to...
The Public Health (Drainage of Trade Premises) Act 1937
8Sections 2(4) and 3(2) of the Public Health (Drainage of...
9In section 4(5) of that Act (under which disputes arising...
10In section 10(1) of that Act (which authorises the taking...
The Salmon and Freshwater Fisheries (Protection) (Scotland) Act 1951
11In section 9 of the Salmon and Freshwater Fisheries (Protection)...
The Rivers (Prevention of Pollution) (Scotland) Act 1951
12In section 12(4) of the Rivers (Prevention of Pollution) (Scotland)...
13In section 17(1) of that Act (which sets out the...
14In section 18 of that Act (which relates to the...
15In section 19 of that Act (which empowers river purification...
The Clean Air Act 1956
16. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Rivers (Prevention of Pollution) Act 1961
17In section 10(1) of the Rivers (Prevention of Pollution) Act...
The Public Health Act 1961
18At the end of section 34(5) of the Public Health...
The London Government Act 1963
19In section 41(1)(b) of the London Government Act 1963 (which...
The Water Resources Act 1963
20In section 77(2) of the Water Resources Act 1963 (which...
21In section 113(1) of that Act (which authorises water authorities...
22. . . . . . . . . ....
The Spray Irrigation (Scotland) Act 1964
23In section 9(2) of the Spray Irrigation (Scotland) Act 1964...
The Rivers (Prevention of Pollution) (Scotland) Act 1965
24In section 10(1) of the Rivers (Prevention of Pollution) (Scotland)...
25. . . . . . . . . ....
The Hovercraft Act 1968
26In section 1(1)(g) of the Hovercraft Act 1968 for the...
The Water Act 1973
27For the purposes of section 14 of the Water Act...
28In subsection (12) of section 24 of that Act (which...
29In section 36(3) of that Act (which among other things...
30In paragraph 17(2) of Schedule 7 to that Act (which...
The Local Government (Scotland) Act 1973
31In paragraph 1 of Schedule 28 to the Local Government...
SCHEDULE 4 Repeals

Control of Pollution Act 1974

1974 c. 40

An Act to make further provision with respect to waste disposal, water pollution, noise, atmospheric pollution and public health; and for purposes connected with the matters aforesaid.

Annotations:
Extent Information
E1

Act applies to Great Britain with exceptions, see s. 109.

Modifications etc. (not altering text)
C1

Power to transfer certain functions conferred (E.W.) by Public Health (Control of Disease) Act 1984 (c. 22, SIF 100:1), s. 7(3)(a)(4)(g)

Transfer of certain functions (1.4.1996) by 1995 c. 25, s. 2(1)(c) (with ss. 115, 117); S.I. 1996/186, art. 3

C2

Act: Transfer of functions (except s. 102(2)) (1.7.1999) by S.I. 1999/672, art. 2, Sch. 1