SCHEDULE 11CONSEQUENTIAL MODIFICATIONS

PART 1PUBLIC GENERAL ACTS

The Environmental Protection Act 19901

1

The 1990 Act is amended in accordance with sub-paragraphs (2) to (5).

2

In section 6 (authorisations: general provisions), for subsections (6A) and (6B) substitute—

6A

Subsection (6) does not require a review of the conditions of an authorisation to be carried out if the prescribed process covered by the authorisation is—

a

a Part A activity,

b

a Part B activity,

c

a solvent emission activity, or

d

carried out using mobile plant.

6B

In subsection (6A), “Part A activity”, “Part B activity”, “solvent emission activity” and “mobile plant” have the meanings given in the Pollution Prevention and Control (Scotland) Regulations 2012.

3

In section 34(1) (duty of care etc. as respects waste), for paragraph (aa) substitute—

aa

to prevent a contravention by any other person of regulation 11 of the Pollution Prevention and Control (Scotland) Regulations 2012, or of a condition of a permit granted under those Regulations;

4

In section 35(11A)(waste management licences: general), for “license” substitute “licence”.

5

In section 78YB (2C) (interaction of this Part with other enactments), for the definition of “enforcement action” substitute—

  • “enforcement action” means action under regulation 55 (SEPA: enforcement notices) or regulation 57(2) (SEPA: power to prevent or remedy pollution) of the Pollution Prevention and Control (Scotland) Regulations 2012.