In this Part of this Act, except where the context otherwise requires—

• “the 1951 Act” means the M1Rivers (Prevention of Pollution) (Scotland) Act 1951;

• “the 1990 Act” means the M2Environmental Protection Act 1990;

• “the 1991 Act” means the M3Water Resources Act 1991;

• “the appropriate Minister”—

  1. a

     in the case of the Agency, means the Secretary of State or the Minister; and

  2. b

     in the case of SEPA, means the Secretary of State;

• “the appropriate Ministers”—

  1. a

     in the case of the Agency, means the Secretary of State and the Minister; and

  2. b

     in the case of SEPA, means the Secretary of State;

• “conservancy authority” has the meaning given by section 221(1) of the 1991 Act;

• “costs” includes—

  1. a

     costs to any person; and

  2. b

     costs to the environment;

• “disposal authority”—

  1. a

     in the application of this Part in relation to the Agency, has the same meaning as it has in Part I of the M4Control of Pollution Act 1974 by virtue of section 30(1) of that Act; and

  2. b

     in the application of this Part in relation to SEPA, has the meaning assigned to it by section 30(2) of that Act;

• “the environment” has the same meaning as in Part I of the 1990 Act;

• “environmental licence”, in the application of this Part in relation to the Agency, means any of the following—

  1. a

     registration of a person as a carrier of controlled waste under section 2 of the M5Control of Pollution (Amendment) Act 1989,

  2. b

     an authorisation under Part I of the 1990 Act, other than any such authorisation granted by a local enforcing authority,

  3. c

     a waste management licence under Part II of that Act,

  4. d

     a licence under Chapter II of Part II of the 1991 Act,

  5. e

     a consent for the purposes of section 88(1)(a), 89(4)(a) or 90 of that Act,

  6. f

     registration under the M6Radioactive Substances Act 1993,

  7. g

     an authorisation under that Act,

  8. h

     registration of a person as a broker of controlled waste under the M7Waste Management Licensing Regulations 1994,

  9. j

     registration in respect of an activity falling within paragraph 45(1) or (2) of Schedule 3 to those Regulations,

  so far as having effect in relation to England and Wales;

• “environmental licence”, in the application of this Part in relation to SEPA, means any of the following—

  1. a

     a consent under Part II of the M8Control of Pollution Act 1974,

  2. b

     registration of a person as a carrier of controlled waste under section 2 of the M9Control of Pollution (Amendment) Act 1989,

  3. c

     an authorisation under Part I of the 1990 Act,

  4. d

     a waste management licence under Part II of that Act,

  5. e

     a licence under section 17 of the M10Natural Heritage (Scotland) Act 1991,

  6. f

     registration under the M11Radioactive Substances Act 1993,

  7. g

     an authorisation under that Act,

  8. h

     registration of a person as a broker of controlled waste under the M12Waste Management Licensing Regulations 1994,

  9. j

     registration in respect of an activity falling within paragraph 45(1) or (2) of Schedule 3 to those Regulations,

  so far as having effect in relation to Scotland;

• “flood defence functions”, in relation to the Agency, has the same meaning as in the 1991 Act;

• “harbour authority” has the meaning given by section 221(1) of the 1991 Act;

• “local authority”, in the application of this Part in relation to SEPA, means a district or islands council in Scotland;

• “the Minister” means the Minister of Agriculture, Fisheries and Food;

• “the Ministers” means the Secretary of State and the Minister;

• “navigation authority” has the meaning given by section 221(1) of the 1991 Act;

• “new Agency” means the Agency or SEPA;

• “river purification authority” means a river purification authority within the meaning of the 1951 Act;

• “river purification board” means a river purification board established by virtue of section 135 of the M13Local Government (Scotland) Act 1973;

• “the transfer date” means such date as the Secretary of State may by order made by statutory instrument appoint as the transfer date for the purposes of this Part; and different dates may be appointed for the purposes of this Part—

  1. i

     as it applies for or in connection with transfers under or by virtue of Chapter I above, and

  2. ii

     as it applies for or in connection with transfers under or by virtue of Chapter II above;

• “waste regulation authority”—

  1. a

     in the application of this Part in relation to the Agency, means any authority in England or Wales which, by virtue of section 30(1) of the 1990 Act, is a waste regulation authority for the purposes of Part II of that Act; and

  2. b

     in the application of this Part in relation to SEPA, means any council which, by virtue of section 30(1)(g) of the 1990 Act, is a waste regulation authority for the purposes of Part II of that Act.

Where by virtue of any provision of this Part any function of a Minister of the Crown is exercisable concurrently by different Ministers, that function shall also be exercisable jointly by any two or more of those Ministers.