Environmental Protection Act 1990

1. Introductory Text

2. Part I Integrated Pollution Control and Air Pollution Control by Local Authorities

   1. Preliminary

      1. 1. Preliminary.

      2. 2. Prescribed processes and prescribed substances.

      3. 3. Emission etc. limits and quality objectives.

      4. 4. Discharge and scope of functions.

      5. 5. Further provision as to discharge and scope of functions: Scotland.

   2. Authorisations

      1. 6. Authorisations: general provisions.

      2. 7. Conditions of authorisations.

      3. 8. Fees and charges for authorisations.

      4. 9. Transfer of authorisations.

      5. 10. Variation of authorisations by enforcing authority.

      6. 11. Variation of conditions etc: applications by holders of authorisations.

      7. 12. Revocation of authorisation.

   3. Enforcement

      1. 13. Enforcement notices.

      2. 14. Prohibition notices.

      3. 15. Appeals as respects authorisations and against variation, enforcement and prohibition notices.

      4. 16. Appointment of chief inspector and other inspectors.

      5. 17. Powers of inspectors and others.

      6. 18. Power to deal with cause of imminent danger of serious harm.

      7. 19. Obtaining of information from persons and authorities.

   4. Publicity

      1. 20. Public registers of information.

      2. 21. Exclusion from registers of information affecting national security.

      3. 22. Exclusion from registers of certain confidential information.

   5. Provisions as to offences

      1. 23. Offences.

      2. 24. Enforcement by High Court.

      3. 25. Onus of proof as regards techniques and evidence.

      4. 26. Power of court to order cause of offence to be remedied.

      5. 27. Power of chief inspector to remedy harm.

   6. Authorisations and other statutory controls

      1. 28. Authorisations and other statutory controls.

3. Part II Waste on Land

   1. Preliminary

      1. 29. Preliminary.

      2. 30. Authorities for purposes of this Part.

      3. 31. Power to create regional authorities for purposes of waste regulation.

      4. 32. Transition to waste disposal companies etc.

   2. Prohibition on unauthorised or harmful depositing, treatment or disposal of waste

      1. 33. Prohibition on unauthorised or harmful deposit, treatment or disposal etc. of waste.

      2. 33A. Fixed penalty notices for contraventions of section 33(1)(a) and (c): Scotland

      3. 33B. Section 33 offences: clean-up costs

      4. 33C. Section 33 offences: forfeiture of vehicles

   3. Duty of care etc. as respects waste

      1. 34. Duty of care etc. as respects waste.

      2. 34A. Fixed penalty notices for certain offences under section 34

   4. Offences under sections 33 and 34: powers of seizure etc

      1. 34B. Power to search and seize vehicles etc

      2. 34C. Seizure of vehicles etc: supplementary

   5. Waste Management Licences

      1. 35. Waste management licences: general.

      2. 35A. Compensation where rights granted pursuant to section 35(4) or 38(9A).

      3. 36. Grant of licences.

      4. 36A. Consultation before the grant of certain licences.

      5. 37. Variation of licences.

      6. 37A. Consultation before certain variations.

      7. 38. Revocation and suspension of licences.

      8. 39. Surrender of licences.

      9. 40. Transfer of licences.

      10. 41. Fees and charges for licences.

      11. 42. Supervision of licensed activities.

      12. 43. Appeals to Secretary of State from decisions with respect to licences.

      13. 44. Offences of making false or misleading statements or false entries.

   6. Integrated waste management plans: Scotland

      1. 44ZA. Duty to prepare integrated waste management plan

      2. 44ZB. Approval of integrated waste management plan

      3. 44ZC. Implementation of integrated waste management plan

      4. 44ZD. Modification of integrated waste management plan

   7. Collection, disposal or treatment of controlled waste

      1. 44A. National waste strategy: England and Wales.

      2. 44B. National waste strategy: Scotland.

      3. 45. Collection of controlled waste.

      4. 45A. Arrangements for separate collection of recyclable waste

      5. 45B. Power to apply section 45A to Welsh waste collection authorities

      6. 46. Receptacles for household waste.

      7. 47. Receptacles for commercial or industrial waste.

      8. 47ZA. Fixed penalty notices for offences under sections 46 and 47

      9. 47ZB. Amount of fixed penalty under section 47ZA

      10. 47A. Recycling and composting: duty to report to Parliament

      11. 48. Duties of waste collection authorities as respects disposal of waste collected.

      12. 49. Waste recycling plans by collection authorities.

      13. 50. Waste disposal plans of waste regulation authorities.

      14. 51. Functions of waste disposal authorities.

      15. 52. Payments for recycling and disposal etc. of waste.

      16. 52A. Payments for delivering waste pre-separated

      17. 53. Duties of authorities as respects disposal of waste collected: Scotland.

      18. 54. Special provisions for land occupied by disposal authorities: Scotland.

      19. 55. Powers for recycling waste.

      20. 56. Powers for recycling waste: Scotland.

      21. 57. Power of Secretary of State to require waste to be accepted, treated, disposed of or delivered.

      22. 58. Power of Secretary of State to require waste to be accepted, treated, disposed of or delivered: Scotland.

      23. 59. Powers to require removal of waste unlawfully deposited.

      24. 59ZA. Section 59: supplementary power in relation to owner of land

      25. 59A. Directions in relation to exercise of powers under section 59

      26. 60. Interference with waste sites and receptacles for waste.

      27. 61. Duty of waste regulation authorities as respects closed landfills.

   8. Waste reduction schemes

      1. 60A. Waste reduction schemes

   9. Special waste and non-controlled waste

      1. 62. Special provision with respect to certain dangerous or intractable waste.

      2. 62A. Lists of waste displaying hazardous properties

      3. 63. Waste other than controlled waste.

   10. Powers of waste collection authority or waste disposal authority in relation to generation of controlled waste

       1. 63A. Power to take steps to minimise generation of controlled waste.

   11. Publicity

       1. 64. Public registers.

       2. 65. Exclusion from registers of information affecting national security.

       3. 66. Exclusion from registers of certain confidential information.

       4. 67. Annual reports.

   12. Supervision and enforcement

       1. 68. Functions of Secretary of State and appointment etc. of inspectors.

       2. 69. Powers of entry etc. of inspectors.

       3. 70. Power to deal with cause of imminent danger of serious pollution etc.

       4. 71. Obtaining of information from persons and authorities.

       5. 72. Default powers of Secretary of State.

   13. Supplemental

       1. 73. Appeals and other provisions relating to legal proceedings and civil liability.

       2. 73A. Use of fixed penalty receipts

       3. 74. Meaning of “fit and proper person”.

       4. 75. Meaning of “waste” and household, commercial and industrial waste and special waste.

       5. 76. Application to the Isles of Scilly.

       6. 77. Transition from Control of Pollution Act 1974 to this Part.

       7. 78. This Part and radioactive substances.

4. Part IIA Contaminated Land

   1. 78A. Preliminary.

   2. 78B. Identification of contaminated land.

   3. 78C. Identification and designation of special sites.

   4. 78D. Referral of special site decisions to the Secretary of State.

   5. 78E. Duty of enforcing authority to require remediation of contaminated land etc.

   6. 78F. Determination of the appropriate person to bear responsibility for remediation.

   7. 78G. Grant of, and compensation for, rights of entry etc.

   8. 78H. Restrictions and prohibitions on serving remediation notices.

   9. 78J. Restrictions on liability relating to the pollution of controlled waters.

   10. 78K. Liability in respect of contaminating substances which escape to other land.

   11. 78L. Appeals against remediation notices.

   12. 78M. Offences of not complying with a remediation notice.

   13. 78N. Powers of the enforcing authority to carry out remediation.

   14. 78P. Recovery of, and security for, the cost of remediation by the enforcing authority.

   15. 78Q. Special sites.

   16. 78R. Registers.

   17. 78S. Exclusion from registers of information affecting national security.

   18. 78T. Exclusion from registers of certain confidential information.

   19. 78U. Reports by the appropriate Agency on the state of contaminated land.

   20. 78V. Site-specific guidance by the appropriate Agency concerning contaminated land.

   21. 78W. The appropriate Agency to have regard to guidance given by the Secretary of State.

   22. 78X. Supplementary provisions.

   23. 78Y. Application to the Isles of Scilly.

   24. 78YA. Supplementary provisions with respect to guidance by the Secretary of State.

   25. 78YB. Interaction of this Part with other enactments.

   26. 78YC. This Part and radioactivity.

5. Part III Statutory Nuisances and Clean Air

   1. Statutory nuisances . . .

      1. 79. Statutory nuisances and inspections therefor.

      2. 80. Summary proceedings for statutory nuisances.

      3. 80ZA. Fixed penalty notice: supplemental

      4. 80A. Abatement notice in respect of noise in street.

      5. 81. Supplementary provisions.

      6. 81A. Expenses recoverable from owner to be a charge on premises.

      7. 81B. Payment of expenses by instalments.

      8. 82. Summary proceedings by persons aggrieved by statutory nuisances.

   2. Statutory nuisances: Scotland

      1. 83. Statutory nuisances: Scotland.

   3. Termination of existing controls over offensive trades and businesses

      1. 84. Termination of Public Health Act controls over offensive trades etc.

   4. Application to gases of certain Clean Air Act provisions

      1. 85. Application to gases of certain Clean Air Act provisions.

6. Part IV Litter Etc

   1. Provisions relating to litter

      1. 86. Preliminary.

      2. 87. Offence of leaving litter.

      3. 88. Fixed penalty notices for leaving litter.

      4. 89. Duty to keep land and highways clear of litter etc.

      5. 90. Litter control areas.

      6. 91. Summary proceedings by persons aggrieved by litter.

      7. 92. Summary proceedings by litter authorities.

      8. 92A. Litter clearing notices

      9. 92B. Appeals against litter clearing notices

      10. 92C. Failure to comply with litter clearing notice

      11. 93. Street litter control notices.

      12. 94. Street litter: supplementary provisions.

      13. 94A. Fixed penalty notices relating to sections 92C and 94

      14. 94B. Free distribution of printed matter

      15. 95. Public registers.

      16. 96. Application of Part II.

      17. 97. Transitional provision relating to section 89.

      18. 97A. Fixed penalty notices: supplementary

      19. 97B. Exclusion of liability

      20. 98. Definitions.

   2. Abandoned trolleys

      1. 99. Powers in relation to abandoned shopping and luggage trolleys.

7. Part V Amendment of the Radioactive Substances Act 1960

   1. 100. Appointment of inspectors and chief inspector.

   2. 101. Fees and charges under 1960 Act.

   3. 102. Enforcement powers of chief inspector.

   4. 103. Withdrawal of UKAEA exemptions from requirements of 1960 Act.

   5. 104. Application to Crown of 1960 Act.

   6. 105. Consequential and further amendments of 1960 Act.

8. Part VI Genetically Modified Organisms

   1. Preliminary

      1. 106. Purpose of Part VI and meaning of “genetically modified organisms” and related expressions.

      2. 107. Meaning of “damage to the environment”, “control” and related expressions in Part VI.

   2. General controls

      1. 108. Risk assessment and notification requirements.

      2. 109. General duties relating to importation, acquisition, keeping, release or marketing of organisms.

      3. 110. Prohibition notices.

   3. Consents

      1. 111. Consents required by certain persons.

      2. 112. Consents: limitations and conditions.

      3. 113. Fees and charges.

   4. Inspectors

      1. 114. Appointment etc of inspectors.

      2. 115. Rights of entry and inspection.

   5. Enforcement powers and offences

      1. 116. Obtaining of information from persons.

      2. 117. Power to deal with cause of imminent danger of damage to the environment.

      3. 118. Offences.

      4. 119. Onus of proof as regards techniques and evidence.

      5. 120. Power of court to order cause of offence to be remedied.

      6. 121. Power of Secretary of State to remedy harm.

   6. Publicity

      1. 122. Public register of information.

      2. 123. Exclusion from register of certain information.

   7. Supplementary

      1. 124. Advisory committee for purposes of Part VI.

      2. 125. Delegation of enforcement functions.

      3. 126. Exercise of certain functions jointly by Secretary of State and Minister of Agriculture, Fisheries and Food.

      4. 127. Definitions.

9. Part VII Nature Conservation in Great Britain and Countryside Matters in Wales

   1. New Councils for England, Scotland and Wales

      1. 128. Creation and constitution of new Councils.

      2. 129. Grants by Secretary of State to new Councils.

   2. Countryside matters

      1. 130. Countryside functions of Welsh Council.

   3. Nature conservation in Great Britain

      1. 131. Nature conservation functions: preliminary.

      2. 132. General functions of the Councils.

      3. 133. Special functions of Councils.

      4. 134. Grants and loans by the Councils.

   4. Transfer of property, rights and liabilities to new Councils

      1. 135. Schemes for the transfer of property etc. of the Nature Conservancy Council.

      2. 136. Transfer to Welsh Council of certain property etc. of Countryside Commission.

   5. Employment by new Councils of staff of existing bodies

      1. 137. Offers of employment to employees of Nature Conservancy Council and certain employees of Countryside Commission.

   6. Dissolution of Nature Conservancy Council

      1. 138. Winding up and dissolution of Nature Conservancy Council.

   7. Transitional provisions and savings

      1. 139. Transitional provisions and savings.

10. Part VIII Miscellaneous

    1. Other controls on substances, articles or waste

       1. 140. Power to prohibit or restrict the importation, use, supply or storage of injurious substances or articles.

       2. 141. Power to prohibit or restrict the importation or exportation of waste.

       3. 142. Powers to obtain information about potentially hazardous substances.

       4. 143. Public registers of land which may be contaminated.

       5. 144. Amendments of hazardous substances legislation.

       6. 145. Penalties for offences of polluting controlled waters etc.

    2. Pollution at sea

       1. 146. Deposits of substances and articles in the sea, etc.

       2. 147. Public registers relating to deposits in the sea and incineration at sea.

       3. 148. Oil pollution from ships.

    3. Control of Dogs

       1. 149. Seizure of stray dogs.

       2. 150. Delivery of stray dogs to police or local authority officer.

       3. 151. Enforcement of orders about collars and tags for dogs.

    4. Straw and stubble burning

       1. 152. Burning of straw and stubble etc.

    5. Environmental expenditure

       1. 153. Financial assistance for environmental purposes.

       2. 154. The Groundwork Foundation: superannuation.

       3. 155. Remuneration of chairman of Inland Waterways Amenity Advisory Council.

11. Part IX General

    1. 156. Power to give effect to Community and other international obligations etc.

    2. 157. Offences by bodies corporate.

    3. 158. Offences under Parts I, II, IV, VI, etc. due to fault of others.

    4. 159. Application to Crown.

    5. 160. Service of notices.

    6. 161. Regulations, orders and directions.

    7. 162. Consequential and minor amendments and repeals.

    8. 163. Financial provisions.

    9. 163A. Application of Part VI: England and Wales

    10. 164. Short title, commencement and extent.

12. SCHEDULES

    1. SCHEDULE 1

       AUTHORISATIONS FOR PROCESSES: SUPPLEMENTARY PROVISIONS

       1. Part I Grant of Authorisations

          1. Applications for authorisations

             1. 1. (1) An application to the enforcing authority for an authorisation...

          2. Determination of applications

             1. 2. (1) Subject to sub-paragraph (2) below, the enforcing authority shall...

             2. 3. (1) The Secretary of State may give directions to the...

             3. 4. The Secretary of State may give the enforcing authority a...

             4. 5. (1) Except in a case where an application has been...

       2. Part II Variation of Authorisations

          1. Variations by the enforcing authority

             1. 6. (1) Except as provided by sub-paragraph (1A) below, The requirements...

          2. Applications for variation

             1. 7. (1) The requirements of this paragraph apply where an application...

          3. Call in of applications for variation

             1. 8. (1) The Secretary of State may give directions to the...

             2. 9. The Secretary of State may give the enforcing authority a...

             3. 10. (1) Except in a case where an application for the...

    2. SCHEDULE 2

       Waste Disposal Authorities and Companies

       1. Part I Transition to Companies

          1. Preliminary

             1. 1. In this Part of this Schedule— “authority” means an existing...

          2. Notice of direction

             1. 2. (1) The Secretary of State, before giving any directions to...

          3. Applications for exemption from and representations about directions

             1. 3. (1) An authority which has been given notice under paragraph...

          4. Directions

             1. 4. (1) A direction may require the authority or authorities to...

          5. Formation and status of companies

             1. 5. (1) An authority which has been directed to form a...

          6. Transfer schemes

             1. 6. (1) Where an authority has formed a company or companies...

          7. Transfer schemes: supplementary provisions

             1. 7. A scheme under paragraph 6 above may define the property,...

             2. 8. (1) The provisions of this paragraph apply to the transfer...

          8. Tax and company provisions

             1. 9. (1) Any shares in a company which are issued as...

          9. Benefit of certain planning permission

             1. 10. (1) This paragraph applies in relation to planning permission deemed...

          10. Right to production of documents of title

              1. 11. Where on any transfer by virtue of a transfer scheme...

          11. Proof of title by certificate

              1. 12. (1) A joint certificate by or on behalf of the...

          12. Construction of agreements

              1. 13. Where any of the rights or liabilities transferred by a...

              2. 14. Without prejudice to the generality of the provisions of paragraph...

          13. Third parties affected by vesting provisions

              1. 15. (1) Without prejudice to the provisions of paragraphs 13 and...

          14. Transfer of staff

              1. 16. (1) The Transfer of Undertakings (Protection of Employment) Regulations 1981...

          15. Information for purposes of transfer scheme

              1. 17. (1) The Secretary of State may, by directions, prescribe descriptions...

       2. Part II Provisions Regulating Waste Disposal Authorities and Companies

          1. Terms of waste disposal contracts

             1. 18. A waste disposal authority shall, in determining the terms and...

             2. 19. (1) A waste disposal authority shall have regard to the...

          2. Procedure for putting waste disposal contracts out to tender

             1. 20. (1) A waste disposal authority which proposes to enter into...

             2. 21. A waste disposal authority, in taking any of the following...

          3. Variation of waste disposal contracts

             1. 22. Where a waste disposal authority has entered into a contract...

          4. Avoidance of restrictions on transfer of securities of companies

             1. 23. (1) Subject to sub-paragraph (3) below, any provision to which...

    3. Schedule 2A

       Objectives for the purposes of the national waste strategy

       1. 1. Ensuring that waste is recovered or disposed of without endangering...

       2. 2. Establishing an integrated and adequate network of waste disposal installations,...

       3. 3. Ensuring that the network referred to in paragraph 2 above...

       4. 4. Encouraging the prevention or reduction of waste production and its...

       5. 5. Encouraging— (a) the recovery of waste by means of recycling,...

    4. SCHEDULE 2AA

       Waste reduction schemes

       1. Introductory

          1. 1. (1) The purpose of a waste reduction scheme is to...

       2. Conditions for making waste reduction scheme

          1. 2. (1) A waste collection authority may make a waste reduction...

       3. Incentive under waste reduction scheme

          1. 3. (1) A waste reduction scheme must provide for a financial...

       4. Charges in respect of residual domestic waste

          1. 4. (1) A waste reduction scheme may include provision for charging...

       5. Charging: supplementary provisions

          1. 5. (1) The Secretary of State may by order set a...

       6. Requirement of revenue neutrality

          1. 6. (1) From year to year, and taking one year with...

       7. Procedure for putting scheme in place

          1. 7. (1) The authority must comply with the following requirements after...

       8. Appeals

          1. 8. A waste reduction scheme must contain provision enabling a person...

       9. Separate account to be kept

          1. 9. (1) A waste collection authority that operates a waste reduction...

       10. Contributions by waste disposal authority

           1. 10. (1) Where a waste collection authority that operates a waste...

       11. Power to make provision as to administration etc

           1. 11. (1) The Secretary of State may by regulations make provision...

       12. Use of information obtained for council tax purposes

           1. 12. An authority may use for the purpose of administering a...

       13. Amendment or revocation of waste reduction scheme

           1. 13. (1) An authority that has made a waste reduction scheme...

       14. Guidance

           1. 14. (1) The Secretary of State may issue guidance to waste...

       15. Interpretation

           1. 15. (1) In this Schedule— “ domestic premises ” means— a...

       16. Orders and regulations

           1. 16. (1) An order under paragraph 2(3), 6(2) or 15(2) is...

    5. SCHEDULE 2B

       Categories of waste

       1. 1. Production or consumption residues not otherwise specified below.

       2. 2. Off-specification products.

       3. 3. Products whose date for appropriate use has expired.

       4. 4. Materials spilled, lost or having undergone other mishap, including any...

       5. 5. Materials contaminated or soiled as a result of planned actions...

       6. 6. Unusable parts (e.g. reject batteries, exhausted catalysts, etc.).

       7. 7. Substances which no longer perform satisfactorily (e.g. contaminated solvents, exhausted...

       8. 8. Residues of industrial processes (e.g. slags, still bottoms, etc.).

       9. 9. Residues from pollution abatement processes (e.g. scrubber sludges, baghouse dusts,...

       10. 10. Machining or finishing residues (e.g. lathe turnings, mill scales, etc.)....

       11. 11. Residues from raw materials extraction and processing (e.g. mining residues,...

       12. 12. Adulterated materials (e.g. oils contaminated with PCBs, etc.).

       13. 13. Any materials, substances or products whose use has been banned...

       14. 14. Products for which the holder has no further use (e.g....

       15. 15. Contaminated materials, substances or products resulting from remedial action with...

       16. 16. Any materials, substances or products which are not contained in...

    6. SCHEDULE 3

       Statutory Nuisances: Supplementary Provisions

       1. Appeals to magistrates’ court

          1. 1. (1) This paragraph applies in relation to appeals under section...

          2. 1A. Appeals to Sheriff

       2. Powers of entry etc

          1. 2. (1) Subject to sub-paragraph (2) below, any person authorised by...

          2. 2A. (1) Any person authorised by a local authority may on...

       3. Offences relating to entry

          1. 3. (1) A person who wilfully obstructs any person acting in...

       4. Default powers

          1. 4. (1) This paragraph applies to the following function of a...

       5. Protection from personal liability

          1. 5. Nothing done by, or by a member of, a local...

       6. Statement of right of appeal in notices

          1. 6. Where an appeal against a notice served by a local...

    7. SCHEDULE 3A

       Free distribution of printed matter on designated land

       1. Offence of unauthorised distribution

          1. 1. (1) A person commits an offence if he distributes any...

       2. Designation

          1. 2. (1) A principal litter authority may by order in accordance...

       3. Consent and conditions

          1. 3. (1) A principal litter authority may on the application of...

       4. Fees

          1. 4. (1) A principal litter authority may require the payment of...

       5. Appeals

          1. 5. (1) Any person aggrieved by a decision of a principal...

       6. Seizure of material

          1. 6. (1) Where it appears to an authorised officer of a...

       7. Fixed penalty notices

          1. 7. (1) This paragraph applies where on any occasion it appears...

       8. Supplementary

          1. 8. In this Schedule “ authorised officer ”, in relation to...

    8. SCHEDULE 4

       Abandoned Shopping and Luggage Trolleys

       1. Application

          1. 1. (1) Subject to sub-paragraph (2) below, this Schedule applies where...

       2. Power to seize and remove trolleys

          1. 2. (1) Where this Schedule applies in relation to a shopping...

       3. Retention, return and disposal of trolleys

          1. 3. (1) Subject to the following sub-paragraphs, the local authority, as...

          2. 3A. (1) This paragraph applies where the local authority is entitled...

       4. Charges

          1. 4. (1) The local authority, in fixing the charge to be...

       5. Definitions

          1. 5. In this Schedule— “luggage trolley” means a trolley provided by...

    9. SCHEDULE 5

       . . .

       1. Part I Miscellaneous and Consequential Amendments

          1. Amendments relating to appointment of chief inspector

             1. 1. (1) Section 8 of the 1960 Act (requirement for disposal...

             2. 2. (1) In section 9 (functions of public and local authorities)...

             3. 3. In section 19 (general interpretation), after the definition of “the...

          2. Amendments consequential on the introduction of fees and charges

             1. 4. (1) In section 1(2) (applications for registration of users of...

             2. 5. In section 19 (interpretation), in the definition of “prescribed” after...

          3. Documents to be sent to local authorities

             1. 6. (1) In section 1 of the 1960 Act (registration for...

          4. Mobile radioactive apparatus

             1. 7. (1) In section 3 of the 1960 Act (registration of...

          5. Site and disposal records

             1. 8. After section 8 of the 1960 Act there shall be...

          6. Hearings in connection with certain authorisations

             1. 9. (1) In section 11 of the 1960 Act (procedure in...

          7. Appeals against certain other decisions of the chief inspector

             1. 10. After the section 11C of the 1960 Act inserted by...

          8. Period within which applications under Act to be determined

             1. 11. (1) In section 1 of the 1960 Act (registration for...

          9. Directions to chief inspector

             1. 12. After section 12 of the 1960 Act there shall be...

          10. Inspectors: powers and protection

              1. 13. (1) Section 12 of the 1960 Act (rights of entry...

          11. Offences under 1960 Act

              1. 14. (1) Section 13 of the 1960 Act (offences) shall be...

          12. Public access to certain information

              1. 15. After section 13 (offences) of the 1960 Act there shall...

          13. Expenses and receipts

              1. 16. In section 16 of the 1960 Act (expenses and receipts)—...

          14. Meaning of “radioactive material” for purposes of 1960 Act

              1. 17. In section 18 of the 1960 Act (meaning of expression...

       2. Part II Amendments relating to Scotland and Northern Ireland

          1. Scotland

             1. 18. In section 20 of the 1960 Act (application of Act...

             2. 19. (1) In Schedule 1 to the 1960 Act (enactments, other...

          2. Northern Ireland

             1. 20. In section 21 of the 1960 Act (application of Act...

    10. SCHEDULE 6

        The Nature Conservancy Councils for England and Scotland and the Countryside Council for Wales: Constitution.

        1. Preliminary

           1. 1. In this Part of this Schedule any reference to the...

        2. Constitution and membership

           1. 2. The council shall be a body corporate.

           2. 3. (1) The council shall not be regarded as the servant...

           3. 4. (1) The Secretary of State shall appoint one of the...

           4. 5. A member of the council who ceases to be a...

           5. 6. The Secretary of State may remove a member of the...

        3. Remuneration and allowances for members of council

           1. 7. (1) The council shall— (a) pay to their members such...

        4. Staff

           1. 8. (1) There shall be a chief officer of the council....

           2. 9. The council may appoint such number of other employees as...

           3. 10. The council shall pay to the chief officer and their...

           4. 11. The council shall, in the case of such of their...

        5. Proceedings

           1. 12. (1) The council may regulate their own procedure (including making...

        6. Delegation of powers

           1. 13. (1) Anything authorised or required by or under any enactment...

        7. Committees

           1. 14. (1) The council may appoint persons who are not members...

        8. Documents

           1. 15. (1) This paragraph applies in England and Wales only.

           2. 16. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

        9. Public Records

           1. 17. In Schedule 1 to the Public Records Act 1958 (definition...

        10. Land

            1. 18. (1) For the purposes of the application of any enactment...

        11. Reports, accounts etc.

            1. 19. The council shall— (a) furnish the Secretary of State with...

            2. 20. (1) The council shall— (a) as soon as possible after...

            3. 21. (1) The council shall keep proper accounts and other records,...

        12. Superannuation Act 1965 (c. 74)

            1. 22. In paragraph 7 of section 39(1) of the Superannuation Act...

        13. Parliamentary Commissioner Act 1967 (c. 13)

            1. 23. In Schedule 2 to the Parliamentary Commissioner Act 1967 (departments...

        14. House of Commons Disqualification Act 1975 (c. 24)

            1. 24. In Part III of Schedule 1 to the House of...

        15. Inheritance Tax Act 1984 (c. 51)

            1. 25. In Schedule 3 to the Inheritance Tax Act 1984 (gifts...

    11. SCHEDULE 7

        The Joint Nature Conservation Committee

        1. Preliminary

           1. 1. In this Schedule— “chairman” means (except in paragraph 2(1) below)...

        2. Membership

           1. 2. (1) The committee shall consist of eleven voting members, namely—...

           2. 3. The chairman and the three members appointed by the Secretary...

           3. 4. (1) The three members appointed by the Secretary of State...

        3. Remuneration and allowances for members

           1. 5. (1) The councils shall— (a) pay to the chairman such...

           2. 6. The councils shall pay to the three members appointed by...

        4. Staff etc. and expenses

           1. 7. (1) The councils shall provide the committee with such staff,...

        5. Proceedings

           1. 8. (1) The committee may regulate their own procedure (including making...

        6. Delegation of functions

           1. 9. (1) Anything authorised or required to be done by the...

        7. Annual reports

           1. 10. (1) The committee shall— (a) as soon as possible after...

    12. SCHEDULE 8

        Amendment of Enactments relating to Countryside Matters

        1. National Parks and Access to the Countryside Act 1949 (c. 97)

           1. 1. (1) The National Parks and Access to the Countryside Act...

        2. The Countryside Act 1968 (c. 41)

           1. 2. (1) The Countryside Act 1968 shall be amended as follows....

        3. Local Government Act 1972 (c.70)

           1. 3. In Part I of Schedule 17 to the Local Government...

        4. Local Government Act 1974 (c.7)

           1. 4. In section 7 of the Local Government Act 1974 (supplementary...

        5. Highways Act 1980 (c. 66)

           1. 5. (1) The Highways Act 1980 shall be amended as follows....

        6. Wildlife and Countryside Act 1981 (c. 69)

           1. 6. (1) The Wildlife and Countryside Act 1981 shall be amended...

        7. The Road Traffic Regulation Act 1984 (c.27)

           1. 7. In section 22 of the Road Traffic Regulation Act 1984...

        8. The Water Act 1989 (c. 15)

           1. 8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

    13. SCHEDULE 9

        Amendment of Enactments conferring Nature Conservancy Functions

        1. National Parks and Access to the Countryside Act 1949 (c. 97)

           1. 1. (1) The National Parks and Access to the Countryside Act...

        2. Deer (Scotland) Act 1959 (c. 40)

           1. 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

        3. Deer Act 1963 (c. 36)

           1. 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

        4. Countryside Act 1968 (c. 41)

           1. 4. (1) The Countryside Act 1968 shall be amended as follows....

        5. Conservation of Seals Act 1970 (c. 30)

           1. 5. In section 10 of the Conservation of Seals Act 1970...

        6. Badgers Act 1973 (c. 57)

           1. 6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

        7. Import of Live Fish (Scotland) Act 1978 (c. 35)

           1. 7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

        8. Import of Live Fish (England and Wales) Act 1980 (c. 27)

           1. 8. In section 1 of the Import of Live Fish (England...

        9. Highways Act 1980 (c. 66)

           1. 9. In section 105A of the Highways Act 1980 (environmental assessment...

        10. Animal Health Act 1981 (c. 22)

            1. 10. (1) The Animal Health Act 1981 shall be amended as...

        11. Wildlife and Countryside Act 1981 (c. 69)

            1. 11. (1) The Wildlife and Countryside Act 1981 shall be amended...

        12. Roads (Scotland) Act 1984 (c. 54)

            1. 12. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

        13. Agriculture Act 1986 (c. 49)

            1. 13. In section 18 of the Agriculture Act 1986 (environmentally sensitive...

        14. Channel Tunnel Act 1987 (c. 53)

            1. 14. In paragraph 5 of Schedule 2, and in paragraph 17...

        15. Norfolk and Suffolk Broads Act 1988 (c. 4)

            1. 15. In the Norfolk and Suffolk Broads Act 1988, for each...

        16. Electricity Act 1989 (c. 29)

            1. 16. In Schedule 9 to the Electricity Act 1989 (preservation of...

        17. Water Act 1989 (c. 15)

            1. 17. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

    14. SCHEDULE 10

        Transfer Schemes and Staff of Existing Councils

        1. Part I Transfer Schemes: Nature Conservancy Council

           1. Making and approval of schemes

              1. 1. (1) Before such date or dates as the Secretary of...

           2. Modification of schemes

              1. 2. (1) If at any time after a transfer scheme has...

           3. Provision of information to Secretary of State

              1. 3. It shall be the duty of the Nature Conservancy Council...

           4. Contents of schemes

              1. 4. A transfer scheme may— (a) define the property, rights and...

              2. 5. For the avoidance of doubt property, rights and liabilities of...

        2. Part II Transfer Schemes: The Countryside Commission

           1. Making and approval of schemes

              1. 6. (1) Before such date or dates as the Secretary of...

           2. Modification of schemes

              1. 7. (1) If at any time after a transfer scheme has...

           3. Provision of information to Secretary of State

              1. 8. It shall be the duty of the Countryside Council for...

           4. Contents of schemes

              1. 9. (1) A transfer scheme may— (a) define the property, rights...

        3. Part III Employment of staff of Existing Bodies

           1. Proposals for staff of Nature Conservancy Council

              1. 10. Not later than such date or dates as the Secretary...

              2. 11. (1) The Secretary of State may, after consultation with the...

           2. Proposals for certain staff of the Countryside Commission

              1. 12. Not later than such date or dates as the Secretary...

              2. 13. (1) The Secretary of State may, after consultation with the...

           3. Offers of employment

              1. 14. (1) Each new Council shall, before such date as the...

           4. Continuity of employment, redundancy etc.

              1. 15. Where a person becomes an employee of a new Council...

              2. 16. Where an offer is made to a person in pursuance...

           5. Disputes

              1. 17. (1) Any dispute as to whether an offer under paragraph...

    15. SCHEDULE 11

        Transitional Provisions and Savings for Part VII

        1. Part I Countryside Functions

           1. Preliminary

              1. 1. In this Part of this Schedule— “the appointed day” means...

           2. Continuity of exercise of functions

              1. 2. (1) Any relevant thing done by or in relation to...

           3. Construction of references to the Countryside Commission

              1. 3. (1) This paragraph applies to any provision of any agreement,...

              2. 4. (1) This paragraph applies to any provision of a local...

           4. Existing areas of outstanding natural beauty and long distance routes

              1. 5. (1) This paragraph applies to— (a) any area of land...

        2. Part II Nature Conservation Functions

           1. Preliminary

              1. 6. In this Part of this Schedule— “appointed day” means the...

              2. 7. (1) In this Part of this Schedule a reference to...

           2. Continuity of exercise of functions

              1. 8. (1) Anything done (or deemed by any enactment to have...

           3. Construction of references to the Nature Conservancy Council

              1. 9. (1) This paragraph applies to any agreement, any instrument and...

              2. 10. (1) This paragraph applies to any provision of a local...

           4. Pensions for Nature Conservancy Council staff

              1. 11. (1) The repeal by this Act of paragraph 12 of...

           5. Existing nature reserves and areas of special scientific interest

              1. 12. (1) This paragraph applies to any land which, immediately before...

        3. Part III Supplementary

           1. 13. Paragraphs 3, 4, 5, 8, 9, 10 and 12 above...

           2. 14. The Secretary of State may, in relation to any particular...

           3. 15. In this Schedule “the 1949 Act” means the National Parks...

    16. SCHEDULE 12

        Injurious or Hazardous Substances: Advisory Committee

        1. 1. The Secretary of State shall appoint the members of the...

        2. 2. The committee shall include persons who appear to the Secretary...

        3. 3. The Secretary of State may make provision by regulations with...

        4. 4. The Secretary of State shall provide the committee with such...

        5. 5. The Secretary of State may pay to the members of...

    17. SCHEDULE 13

        Amendments of Hazardous Substances Legislation

        1. Part I England and Wales

           1. 1. The Planning (Hazardous Substances) Act 1990 shall be amended as...

           2. 2. (1) Section 2 (appropriate Minister to be hazardous substances authority...

           3. 3. In section 7(1)(a) (applications for consent), after the word “applications”...

           4. 4. In section 11 (deemed hazardous substances consent in transitional cases)—...

           5. 5. In section 12 (deemed consent: government authorisation), at the end...

           6. 6. In section 13 (applications for hazardous substances consent in place...

           7. 7. In section 22 (validity of decisions as to applications), in...

           8. 8. In section 25(1)(c) (provisions of principal Act capable of application...

           9. 9. Before section 27 there shall be inserted the following section—...

           10. 10. In section 303(6) of the Town and Country Planning Act...

        2. Part II Scotland

           1. 11. (1) The Town and Country Planning (Scotland) Act 1972 shall...

           2. 12. (1) Section 38 of the Housing and Planning Act 1986...

           3. 13. In section 87 of the Local Government, Planning and Land...

    18. SCHEDULE 14

        Amendments of the Prevention of Oil Pollution Act 1971

        1. 1. The Prevention of Oil Pollution Act 1971 shall be amended...

        2. 2. In section 19 (prosecutions), after subsection (4), there shall be...

        3. 3. After that section there shall be inserted the following section—...

        4. 4. In section 20(1) (power of court to direct amount of...

        5. 5. In section 24(2) (application of Act to Government ships), for...

        6. 6. In section 25(1) (power to extend provisions of Act to...

        7. 7. In section 30 (provisions as to Northern Ireland), after subsection...

    19. SCHEDULE 15

        Consequential and Minor Amendments of Enactments

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

        2. Exclusion of Alkali Works Act for prescribed processes

           1. 2. In the Alkali, &c. Works Regulation Act 1906 there shall...

        3. Stray dogs

           1. 3. (1) The following provisions of the Dogs Act 1906 shall...

        4. Statutory nuisances

           1. 4. (1) The following provisions of the Public Health Act 1936...

           2. 5. (1) Section 151 of the Mines and Quarries Act 1954...

        5. Exclusion of Clean Air Act 1956 for prescribed processes

           1. 6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

        6. Statutory nuisances

           1. 7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

           2. 8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

           3. 9. In section 1(1)(g) of the Hovercraft Act 1986 (power to...

        7. Goods vehicle operators’ licences: pollution offences

           1. 10. (1) The following provisions of of the Transport Act 1968...

        8. National Park Wardens

           1. 11. In section 42 of the Countryside Act 1968 (National Park...

        9. Exclusion of Clean Air Act 1968 for prescribed processes

           1. 12. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

        10. Sale of electricity: Scotland

            1. 13. In section 170A(3) of the Local Government (Scotland) Act 1973...

        11. Workplace emissions into the air

            1. 14. Section 5 of the Health and Safety at Work etc....

        12. Water, noise and atmospheric pollution

            1. 15. (1) The following provisions of the Control of Pollution Act...

            2. 16. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

        13. Exclusion of Part II of Control of Pollution Act 1974 for radioactive substances: Scotland

            1. 17. For subsection (6) of section 56 of the Control of...

        14. Statutory nuisances

            1. 18. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

        15. Refuse Disposal: Scotland

            1. 19. (1) Section 1 of the Refuse Disposal (Amenity) Act 1978...

        16. Street cleansing: Scotland

            1. 20. In section 25 of the Local Government and Planning (Scotland)...

        17. Byelaws relating to straw or stubble burning

            1. 21. Section 43 of the Criminal Justice Act 1982 (creation by...

        18. Functions assignable to London port health authority

            1. 22. In section 7(4) of the Public Health (Control of Disease)...

        19. Street cleaning, etc: restriction of traffic

            1. 23. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

        20. Statutory nuisance

            1. 24. In section 76(1)(b) and (4)(a) of the Building Act 1984,...

        21. Registers of deposits etc. at sea: Northern Ireland Assembly control of regulations

            1. 25. In section 25(3) of the Food and Environment Protection Act...

        22. Constitution of authorities for waste disposal

            1. 26. In section 10 of the Local Government Act 1985 (joint...

        23. Meaning of household waste: competition

            1. 27. In Schedule 1 to the Local Government Act 1988 (competition:...

        24. Exclusion of Water Act 1989 controls of exercise of trade effluent functions in case of prescribed processes

            1. 28. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

        25. Exclusion of Part III of Water Act 1989 for discharges from prescribed processes

            1. 29. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

        26. Contents of registers of National Rivers Authority

            1. 30. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

        27. Carriers of controlled waste

            1. 31. (1) The Control of Pollution (Amendment) Act 1989 shall be...

    20. SCHEDULE 16

        Repeals

        1. Part I Enactments Relating to Processes

        2. Part II Enactments Relating to Waste on Land

        3. Part III Enactments Relating to Statutory Nuisances

        4. Part IV Enactments Relating to Litter

        5. Part V Enactments Relating to Radioactive Substances

        6. Part VI Enactments Relating to Nature Conservation and Countryside Matters

        7. Part VII Enactments Relating to Hazardous Substances

        8. Part VIII Enactments Relating to Deposits at Sea

        9. Part IX Miscellaneous Enactments