Environment Act 1995

33 General duties with respect to pollution control. E+W+S

(1) SEPA’s pollution control powers shall be exercisable for the purpose of preventing or minimising, or remedying or mitigating the effects of, pollution of the environment.

(2) SEPA shall, for the purpose—

(a) of facilitating the carrying out of its pollution control functions; or

(b) of enabling it to form an opinion of the general state of pollution of the environment,

compile information relating to such pollution (whether the information is acquired by SEPA carrying out observations or is obtained in any other way).

(3) If required by the Secretary of State to do so, SEPA shall—

(a) carry out assessments (whether generally or for such particular purpose as may be specified in the requirement) of the effect, or likely effect, on the environment of existing or potential levels of pollution of the environment and report its findings to the Secretary of State; or

(b) prepare and send to the Secretary of State a report identifying—

(i) the options which SEPA considers to be available for preventing or minimising, or remedying or mitigating the effects of, pollution of the environment, whether generally or in cases or circumstances specified in the requirement; and

(ii) the costs and benefits of such options as are identified by SEPA pursuant to sub-paragraph (i) above.

(4) SEPA shall follow developments in technology and techniques for preventing or minimising, or remedying or mitigating the effects of, pollution of the environment.

(5) In this section, “pollution control powers” and “pollution control functions” in relation to SEPA, mean respectively its powers or its functions under or by virtue of—

(a) the M1 Alkali, &c. Works Regulation Act 1906;

(b) F1 ... Parts I, IA and II of the M2 Control of Pollution Act 1974;

(c) Part I of the M3 Health and Safety at Work etc. Act 1974;

(d) the M4 Control of Pollution (Amendment) Act 1989;

(e) Parts I, II and IIA of the 1990 Act;

(f) section 19 of the M5 Clean Air Act 1993;

(g) the M6 Radioactive Substances Act 1993;

[F2 (ga) regulations under section 2 of the Pollution Prevention and Control Act 1999;] F3 ...

(h) regulations made by virtue of section 2(2) of the M7 European Communities Act 1972, to the extent that the regulations relate to pollution [F4 and;

(i) the Water Environment and Water Services (Scotland) Act 2003 (asp 3) and any regulations made under that Act.]

Textual Amendments

F1 Words in s. 33(5)(b) omitted (S.) (1.4.2006) by virtue of The Water Environment (Consequential and Savings Provisions) (Scotland) Order 2006 (S.S.I. 2006/181), sch. Pt. 4 para. 8(2)(a)

F2 S. 33(5)(ga) inserted (21.3.2000 (E.W.) and 29.9.2000 (S.)) by 1999 c. 24, s. 6(1), Sch. 2 para. 16; S.I. 2000/800, art. 2; S.S.I. 2000/322, art. 2

F3 Word in s. 33(5) omitted (S.) (1.4.2006) by virtue of The Water Environment (Consequential and Savings Provisions) (Scotland) Order 2006 (S.S.I. 2006/181), sch. Pt. 4 para. 8(2)(b)

F4 S. 33(5)(i) and word inserted (S.) (1.4.2006) by The Water Environment (Consequential and Savings Provisions) (Scotland) Order 2006 (S.S.I. 2006/181), sch. Pt. 4 para. 8(2)(c)

Marginal Citations

M1 1906 c. 14.

M2 1974 c. 40.

M3 1974 c. 37.

M4 1989 c. 14.

M5 1993 c. 11.

M6 1993 c. 12.

M7 1972 c. 68.