http://www.legislation.gov.uk/id/ukpga/1990/43

http://www.legislation.gov.uk/ukpga/1990/43/section/142

Environmental Protection Act 1990

An Act to make provision for the improved control of pollution arising from certain industrial and other processes; to re-enact the provisions of the Control of Pollution Act 1974 relating to waste on land with modifications as respects the functions of the regulatory and other authorities concerned in the collection and disposal of waste and to make further provision in relation to such waste; to restate the law defining statutory nuisances and improve the summary procedures for dealing with them, to provide for the termination of the existing controls over offensive trades or businesses and to provide for the extension of the Clean Air Acts to prescribed gases; to amend the law relating to litter and make further provision imposing or conferring powers to impose duties to keep public places clear of litter and clean; to make provision conferring powers in relation to trolleys abandoned on land in the open air; to amend the Radioactive Substances Act 1960; to make provision for the control of genetically modified organisms; to make provision for the abolition of the Nature Conservancy Council and for the creation of councils to replace it and discharge the functions of that Council and, as respects Wales, of the Countryside Commission; to make further provision for the control of the importation, exportation, use, supply or storage of prescribed substances and articles and the importation or exportation of prescribed descriptions of waste; to confer powers to obtain information about potentially hazardous substances; to amend the law relating to the control of hazardous substances on, over or under land; to amend section 107(6) of the Water Act 1989 and sections 31(7)(a), 31A(2)(c)(i) and 32(7)(a) of the Control of Pollution Act 1974; to amend the provisions of the Food and Environment Protection Act 1985 as regards the dumping of waste at sea; to make further provision as respects the prevention of oil pollution from ships; to make provision for and in connection with the identification and control of dogs; to confer powers to control the burning of crop residues; to make provision in relation to financial or other assistance for purposes connected with the environment; to make provision as respects superannuation of employees of the Groundwork Foundation and for remunerating the chairman of the Inland Waterways Amenity Advisory Council; and for purposes connected with those purposes.

1990-11-01

text

text/xml

Statute Law Database

2024-07-08

Expert Participation

2024-06-30

Environmental Protection Act 1990

s. 33ZB(10A)

Environment Act 2021

s. 69(3)(b)

s. 144

s. 147(3)

(4)

Environmental Protection Act 1990

s. 34ZB(8A)

Environment Act 2021

s. 69(5)(b)

s. 144

s. 147(3)

(4)

Environmental Protection Act 1990

s. 161(2AA)

(2AB)

Environment (Wales) Act 2016

Deddf yr Amgylchedd (Cymru) 2016

s. 69(4)

s. 88(3)(b)

Environmental Protection Act 1990

s. 106A

Genetic Technology (Precision Breeding) Act 2023

s. 41(2)

s. 46

s. 48(4)

Part VIII Miscellaneous

Other controls on substances, articles or waste

E1142 Powers to obtain information about potentially hazardous substances.

1

The Secretary of State may, for the purpose of assessing their potential for causing pollution of the environment or harm to human health, by regulations make provision for and in connection with the obtaining of relevant information relating to substances which may be specified by him by order for the purposes of this section.

2

The Secretary of State shall not make an order under subsection (1) above specifying any substance—

a

which was first supplied in any member State F10or in the United Kingdom on or after 18th September 1981; or

b

in so far as it is a regulated substance for the purposes of any relevant enactment.

F73

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4

Regulations under this section may—

a

prescribe the descriptions of relevant information which are to be furnished under this section in relation to specified substances;

b

impose requirements on manufacturers, importers or suppliers generally to furnish information prescribed under paragraph (a) above;

c

provide for the imposition of requirements on manufacturers, importers or suppliers generally to furnish relevant information relating to products or articles containing specified substances in relation to which information has been furnished in pursuance of paragraph (b) above;

d

provide for the imposition of requirements on particular manufacturers, importers or suppliers to furnish further information relating to specified substances in relation to which information has been furnished in pursuance of paragraph (b) above;

e

provide for the imposition of requirements on particular manufacturers or importers to carry out tests of specified substances and to furnish information of the results of the tests;

f

authorise persons to comply with requirements to furnish information imposed on them by or under the regulations by means of representative persons or bodies;

g

impose restrictions on the disclosure of information obtained under this section and provide for determining what information is, and what information is not, to be treated as furnished in confidence;

h

create offences, subject to the limitation that no offence shall be punishable with imprisonment or punishable on summary conviction with a fine exceeding level 5 on the standard scale;

i

make any public authority designated by the regulations responsible for the enforcement of the regulations to such extent as may be specified in the regulations;

j

include such other incidental and supplemental, and such transitional, provisions as the Secretary of State considers appropriate.

5

The Secretary of State shall have regard, in imposing or providing for the imposition of any requirement under subsection (4)(b), (c), (d) or (e) above, to the cost likely to be involved in complying with the requirement.

6

In this section—

“the environment” means the air, water and land or any of them;
“relevant information”, in relation to substances, products or articles, means information relating to their properties, production, distribution, importation or use or intended use and, in relation to products or articles, to their disposal as waste;
“substance” means any natural or artificial substance, whether in solid or liquid form or in the form of a gas or vapour and it includes mixtures of substances.

F47

The enactments which are relevant for the purposes of subsection (2)(b) above are the following—

F8the Explosives Regulations 2014;
F5F11the Environmental Permitting (England and Wales) Regulations 2016 (S.I. 2016/1154) in relation to radioactive material or radioactive waste;
F6Parts 3 to 8 and 16 of the Human Medicines Regulations 2012;
Part IV of the M2Agriculture Act 1970;
the M3Misuse of Drugs Act 1971;
Part III of the M4Food and Environment Protection Act 1985; F2. . .
the M5Food Safety Act 1990;
F3the Veterinary Medicines Regulations 2006;

and a substance is a regulated substance for the purposes of any such enactment in so far as any prohibition, restriction or requirement is imposed in relation to it by or under the enactment for the purposes of that enactment.

E2142 Powers to obtain information about potentially hazardous substances.

1

2

The Secretary of State shall not make an order under subsection (1) above specifying any substance—

a

which was first supplied in any member State F10or in the United Kingdom on or after 18th September 1981; or

b

in so far as it is a regulated substance for the purposes of any relevant enactment.

F73

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4

Regulations under this section may—

a

prescribe the descriptions of relevant information which are to be furnished under this section in relation to specified substances;

b

impose requirements on manufacturers, importers or suppliers generally to furnish information prescribed under paragraph (a) above;

c

d

e

provide for the imposition of requirements on particular manufacturers or importers to carry out tests of specified substances and to furnish information of the results of the tests;

f

authorise persons to comply with requirements to furnish information imposed on them by or under the regulations by means of representative persons or bodies;

g

h

create offences, subject to the limitation that no offence shall be punishable with imprisonment or punishable on summary conviction with a fine exceeding level 5 on the standard scale;

i

make any public authority designated by the regulations responsible for the enforcement of the regulations to such extent as may be specified in the regulations;

j

include such other incidental and supplemental, and such transitional, provisions as the Secretary of State considers appropriate.

5

6

In this section—

“the environment” means the air, water and land or any of them;
“relevant information”, in relation to substances, products or articles, means information relating to their properties, production, distribution, importation or use or intended use and, in relation to products or articles, to their disposal as waste;
“substance” means any natural or artificial substance, whether in solid or liquid form or in the form of a gas or vapour and it includes mixtures of substances.

F47

The enactments which are relevant for the purposes of subsection (2)(b) above are the following—

F8the Explosives Regulations 2014;
F1the M1~~F9Radioactive Substances Act 1993~~F9Environmental Authorisations (Scotland) Regulations 2018;
F6Parts 3 to 8 and 16 of the Human Medicines Regulations 2012;
Part IV of the M2Agriculture Act 1970;
the M3Misuse of Drugs Act 1971;
Part III of the M4Food and Environment Protection Act 1985; F2. . .
the M5Food Safety Act 1990;
F3the Veterinary Medicines Regulations 2006;