Part I The Environment Agency and the Scottish Environment Protection Agency

Chapter 1AGeneral functions of the Agency and the Natural Resources Body for Wales

5 General functions with respect to pollution control.

(1)

F1An appropriate agency'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)

F2An appropriate agency 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 the Agency carrying out observations or is obtained in any other way).

(3)

If required by F3the appropriate national authority to do so, F4an appropriate agency 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 F5the appropriate national authority; or

(b)

prepare and send to F6the appropriate national authority a report identifying—

(i)

the options which the F7appropriate agency 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 the F7appropriate agency pursuant to sub-paragraph (i) above.

(4)

F8An appropriate agency 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 F9an appropriate agency, mean respectively its powers or its functions under or by virtue of the following enactments, that is to say—

(a)

the M1Alkali, &c, Works Regulation Act 1906;

(b)

Part I of the M2Health and Safety at Work etc. Act 1974;

(c)

Part I of the M3Control of Pollution Act 1974;

(d)

the M4Control of Pollution (Amendment) Act 1989;

(e)

PartsF10 I, II and IIA of the 1990 Act (integrated pollution control etc, waste on land and contaminated land);

(f)

Chapter III of Part IV of the M5Water Industry Act 1991 (special category effluent);

(g)

Part III and sections 161 to 161D of the 1991 Act (control of pollution of water resources);

(h)

F11the M6Radioactive Substances Act 1993;

F12(i)

regulations under section 2 of the Pollution Prevention and Control Act 1999;

F13(i)

regulations under section 2 of the Pollution Prevention and Control Act 1999;

(j)

regulations made by virtue of section 2(2) of the M7European Communities Act 1972, to the extent that the regulations relate to pollution.

F14(6)

But in relation to the Natural Resources Body for Wales, “pollution control powers” and “pollution control functions” do not include powers or functions which—

(a)

were exercisable by the Countryside Council for Wales or the Forestry Commissioners immediately before 1 April 2013; and

(b)

are functions of that Body by virtue of the Natural Resources Body for Wales (Functions) Order 2013.