[ARCHIVED CONTENT] Environmental Protection Act 1990 (c. 43)

Environmental Protection Act 1990 (c. 43)

1990 c. 43

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Environmental Protection Act 1990 (c. 43)

1990 Chapter c. 43

ARRANGEMENT OF SECTIONS

Part I
Integrated Pollution Control and Air Pollution Control by Local Authorities
Preliminary
1	Preliminary.
2	Prescribed processes and prescribed substances.
3	Emission etc. limits and quality objectives.
4	Discharge and scope of functions.
5	Further provisions as to discharge and scope of functions: Scotland.

Authorisations
6	Authorisations: general provisions.
7	Conditions of authorisations.
8	Fees and charges for authorisations.
9	Transfer of authorisations.
10	Variation of authorisations by enforcing authority.
11	Variation of conditions etc.: applications by holders of authorisations.
12	Revocation of authorisation.

Enforcement
13	Enforcement notices.
14	Prohibition notices.
15	Appeals as respects authorisations and against variation, enforcement and prohibition notices.
16	Appointment of chief inspector and other inspectors.
17	Powers of inspectors and others.
18	Power to deal with cause of imminent danger of serious harm.
19	Obtaining of information from persons and authorities.

Publicity
20	Public registers of information.
21	Exclusion from registers of information affecting national security.
22	Exclusion from registers of certain confidential information.

Provisions as to offences
23	Offences.
24	Enforcement by High Court.
25	Onus of proof as regards techniques and evidence.
26	Power of court to order cause of offence to be remedied.
27	Power of chief inspector to remedy harm.

Authorisations and other statutory controls
28	Authorisations and other statutory controls.

Part II
Waste on Land
Preliminary
29	Preliminary.
30	Authorities for purposes of this Part.
31	Power to create regional authorities for purposes of waste regulation.
32	Transition to waste disposal companies etc.

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

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

Waste Management Licences
35	Waste management licences: general.
36	Grant of licences.
37	Variation of licences.
38	Revocation and suspension of licences.
39	Surrender of licences.
40	Transfer of licences.
41	Fees and charges for licences.
42	Supervision of licensed activities.
43	Appeals to Secretary of State from decisions with respect to licences.
44	Offences of making false statements.

Collection, disposal or treatment of controlled waste
45.	Collection of controlled waste.
46	Receptacles for household waste.
47	Receptacles for commercial or industrial waste.
48	Duties of waste collection authorities as respects disposal of waste collected.
49	Waste recycling plans by collection authorities.
50	Waste disposal plans of waste regulation authorities.
51	Functions of waste disposal authorities.
52	Payments for recycling and disposal etc. of waste.
53	Duties of authorities as respects disposal of waste collected: Scotland.
54	Special provisions for land occupied by disposal authorities: Scotland.
55	Powers for recycling waste.
56	Powers for recycling waste: Scotland.
57	Power of Secretary of State to require waste to be accepted, treated, disposed of or delivered.
58	Power of Secretary of State to require waste to be accepted, treated, disposed of or delivered: Scotland.
59	Powers to require removal of waste unlawfully deposited.
60	Interference with waste sites and receptacles for waste.
61	Duty of waste regulation authorities as respects closed landfills.

Special waste and non-controlled waste
62.	Special provision with respect to certain dangerous or intractable waste.
63	Waste other than controlled waste.

Publicity
64	Public registers.
65	Exclusion from registers of information affecting national security.
66	Exclusion from registers of certain confidential information.
67	Annual reports.

Supervision and enforcement
68	Functions of Secretary of State and appointment etc. of inspectors.
69	Powers of entry etc. of inspectors.
70	Power to deal with cause of imminent danger of serious pollution etc.
71	Obtaining of information from persons and authorities.
72	Default powers of Secretary of State.

Supplemental
73	Appeals and other provisions relating to legal proceedings and civil liability.
74	Meaning of "fit and proper person".
75	Meaning of "waste" and household, commercial and industrial waste and special waste.
76	Application of this Part to Isles of Scilly.
77	Transition from Control of Pollution Act 1974 to this Part.
78	This Part and radioactive substances.

Part III
Statutory Nuisances and Clean Air
Statutory nuisances: England and Wales
79	Statutory nuisances and inspections therefor.
80	Summary proceedings for statutory nuisances.
81	Supplementary provisions.
82	Summary proceedings by persons aggrieved by statutory nuisances.

Statutory nuisances: Scotland
83	Statutory nuisances: Scotland.

Termination of existing controls over offensive trades and businesses
84	Termination of Public Health Act controls over offensive trades etc.

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

Part IV
Litter Etc
Provisions relating to litter
86	Preliminary.
87	Offence of leaving litter.
88	Fixed penalty notices for leaving litter.
89	Duty to keep land and highways clear of litter etc.
90	Litter control areas.
91	Summary proceedings by persons aggrieved by litter.
92	Summary proceedings by litter authorities.
93	Street litter control notices.
94	Street litter: supplementary provisions.
95	Public registers.
96	Application of Part II.
97	Transitional provision relating to section 89.
98	Definitions.

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

Part V
Amendment of the Radioactive Substances Act 1960
100	Appointment of inspectors and chief inspector.
101	Fees and charges under 1960 Act.
102	Enforcement powers of chief inspector.
103	Withdrawal of UKAEA exemptions from requirements of 1960 Act.
104	Application to Crown of 1960 Act.
105	Consequential and further amendments of 1960 Act.

Part VI
Genetically Modified Organisms
Preliminary
106	Purpose of Part VI and meaning of "genetically modified organisms" and related expressions.
107	Meaning of "damage to the environment", "control" and related expressions in Part VI.

General controls
108	Risk assessment and notification requirements.
109	General duties relating to importation, acquisition, keeping, release or marketing of organisms.
110	Prohibition notices.

Consents
111	Consents required by certain persons.
112	Consents: limitations and conditions.
113	Fees and charges.

Inspectors
114	Appointment etc. of inspectors.
115	Rights of entry and inspection.

Enforcement powers and offences
116	Obtaining of information from persons.
117	Power to deal with cause of imminent danger of damage to the environment.
118	Offences.
119	Onus of proof as regards techniques and evidence.
120	Power of court to order cause of offence to be remedied.
121	Power of Secretary of State to remedy harm.

Publicity
122.	Public register of information.
123	Exclusion from register of certain information.

Supplementary
124.	Advisory committee for purposes of Part VI.
125	Delegation of enforcement functions.
126	Exercise of certain functions jointly by Secretary of State and Minister of Agriculture, Fisheries and Food.
127	Definitions.

Part VII
Nature Conservation in Great Britain and Countryside Matters in Wales
New Councils for England, Scotland and Wales
128	Creation and constitution of new Councils.
129	Grants by Secretary of State to new Councils.

Countryside matters
130	Countryside functions of Welsh Council.

Nature conservation in Great Britain
131	Nature conservation functions: preliminary.
132	General functions of the Councils.
133	Special functions of Councils.
134	Grants and loans by the Councils.

Transfer of property, rights and liabilities to new Councils
135	Schemes for the transfer of property etc. of the Nature Conservancy Council.
136	Transfer to Welsh Council of certain property etc. of Countryside Commission.

Employment by new Councils of staff of existing bodies
137	Offers of employment to employees of Nature Conservancy Council and certain employees of Countryside Commission.

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

Transitional provisions and savings
139	Transitional provisions and savings.

Part VIII
Miscellaneous
Other controls on substances, articles or waste
140	Power to prohibit or restrict the importation, use, supply or storage of injurious substances or articles.
141	Power to prohibit or restrict the importation or exportation of waste.
142	Powers to obtain information about potentially harmful substances.
143	Public registers of land which may be contaminated.
144	Amendments of hazardous substances legislation.
145	Penalties for offences of polluting controlled waters etc.

Pollution at sea
146	Deposits of substances and articles in the sea, etc.
147	Public registers relating to deposits in the sea and incineration at sea.
148	Oil pollution from ships.

Control of dogs
149	Seizure of stray dogs.
150	Delivery of stray dogs to police or local authority officer.
151	Enforcement of orders about collars and tags for dogs.

Straw and stubble burning
152	Burning of straw and stubble etc.

Environmental expenditure
153	Financial assistance for environmental purposes.
154	The Groundwork Foundation: superannuation.
155	Remuneration of chairman of Inland Waterways Amenity Advisory Council.

Part IX
General
156	Power to give effect to Community and other international obligations etc.
157	Offences by bodies corporate.
158	Offences under Parts I, II, IV, VI, etc. due to fault of others.
159	Application to Crown.
160	Service of notices.
161	Regulations, orders and directions.
162	Consequential and minor amendments and repeals.
163	Financial provisions.
164	Short title, commencement and extent.