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Environmental Protection Act 1990

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Commencement Orders

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Commencement Orders bringing legislation that affects this Act into force:

PreliminaryE+W+S

29 Preliminary.E+W+S

(1)The following provisions have effect for the interpretation of this Part.

[F1(1A)Appropriate person” means—

(a)in relation to England, the Secretary of State;

(b)in relation to Wales, the National Assembly for Wales.]

(2)The “environment” consists of all, or any, of the following media, namely land, water and the air.

(3)Pollution of the environment” means pollution of the environment due to the release or escape (into any environmental medium) from—

(a)the land on which controlled waste [F2or extractive waste] is treated,

(b)the land on which controlled waste [F2or extractive waste] is kept,

(c)the land in or on which controlled waste [F2or extractive waste] is deposited,

(d)fixed plant by means of which controlled waste [F2or extractive waste] is treated, kept or disposed of,

of substances or articles constituting or resulting from the waste and capable (by reason of the quantity or concentrations involved) of causing harm to man or any other living organisms supported by the environment.

(4)Subsection (3) above applies in relation to mobile plant by means of which controlled waste [F3or extractive waste] is treated or disposed of as it applies to plant on land by means of which controlled waste [F3or extractive waste] is treated or disposed of.

(5)For the purposes of subsections (3) and (4) above “harm” means harm to the health of living organisms or other interference with the ecological systems of which they form part and in the case of man includes offence to any of his senses or harm to his property; and “harmless” has a corresponding meaning.

(6)The “disposal” of waste includes its disposal by way of deposit in or on land and, subject to subsection (7) below, waste is “treated” when it is subjected to any process, including making it re-usable or reclaiming substances from it and “recycle” (and cognate expressions) shall be construed accordingly.

(7)Regulations made by the Secretary of State may prescribe activities as activities which constitute the treatment of waste for the purposes of this Part or any provision of this Part prescribed in the regulations.

(8)Land” includes land covered by waters where the land is above the low water mark of ordinary spring tides and references to land on which controlled waste [F4or extractive waste] is treated, kept or deposited are references to the surface of the land (including any structure set into the surface).

(9)Mobile plant” means, [F5subject to subsection (10) below,] plant which is designed to move or be moved whether on roads or other land.

(10)[F6Regulations made by the Secretary of State may prescribe descriptions of plant which are to be treated as being, or as not being, mobile plant for the purposes of this Part.]

(11)Substance” means any natural or artificial substance, whether in solid or liquid form or in the form of a gas or vapour.

[F7[F8(12)The Environmental Permitting Regulations” means the Environmental Permitting (England and Wales) Regulations 2010.]

(13)The following expressions have the same meaning as in [F9the Environmental Permitting Regulations]

  • “environmental permit”;

  • “exempt waste operation”;

  • [F10“extractive waste”;

  • “mining waste operation”;

  • “the Mining Waste Directive”;

  • “waste operation”.]]

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Amendments (Textual)

F2Words in s. 29(3) inserted (E.W.) (7.7.2009) by The Environmental Permitting (England and Wales) (Amendment) Regulations (S.I. 2009/1799), reg. 28, {Sch. 2 para. 1(2)(a)}

F3Words in s. 29(4) inserted (E.W.) (7.7.2009) by The Environmental Permitting (England and Wales) (Amendment) Regulations (S.I. 2009/1799), reg. 28, {Sch. 2 para. 1(2)(b)}

F4Words in s. 29(8) inserted (E.W.) (7.7.2009) by The Environmental Permitting (England and Wales) (Amendment) Regulations (S.I. 2009/1799), reg. 28, {Sch. 2 para. 1(2)(c)}

F10Words in s. 29(13) inserted (E.W.) (7.7.2009) by The Environmental Permitting (England and Wales) (Amendment) Regulations (S.I. 2009/1799), reg. 28, {Sch. 2 para. 1(2)(d)}

Commencement Information

I1S. 29 wholly in force at 31.5.1991 see s. 164(3) and S.I. 1991/1319, art. 2

30 Authorities for purposes of this Part.E+W+S

[F11(1)Any reference in this Part to a waste regulation authority—

(a)in relation to England and Wales, is a reference to the Environment Agency; and

(b)in relation to Scotland, is a reference to the Scottish Environment Protection Agency;

and any reference in this Part to the area of a waste regulation authority shall accordingly be taken as a reference to the area over which the Environment Agency or the Scottish Environment Protection Agency, as the case may be, exercises its functions or, in the case of any particular function, the function in question.]

(2)For the purposes of this Part the following authorities are waste disposal authorities, namely—

(a)for any non-metropolitan county in England, the county council;

(b)in Greater London, the following—

(i)for the area of a London waste disposal authority, the authority constituted as the waste disposal authority for that area;

(ii)for the City of London, the Common Council;

(iii)for any other London borough, the council of the borough;

(c)in the metropolitan county of Greater Manchester, the following—

(i)for the metropolitan district of Wigan, the district council;

(ii)for all other areas in the county, the authority constituted as the Greater Manchester Waste Disposal Authority;

(d)for the metropolitan county of Merseyside, the authority constituted as the Merseyside Waste Disposal Authority;

(e)for any district in any other metropolitan county in England, the council of the district;

[F12(f)for any county or county borough in Wales, the council of the county or county borough;]

(g)in Scotland, [F13a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994].

(3)For the purposes of this Part the following authorities are waste collection authorities—

(a)for any district in England F14. . . not within Greater London, the council of the district;

(b)in Greater London, the following—

(i)for any London borough, the council of the borough;

(ii)for the City of London, the Common Council;

(iii)for the Temples, the Sub-Treasurer of the Inner Temple and the Under Treasurer of the Middle Temple respectively;

[F15(bb)for any county or county borough in Wales, the council of the county or county borough;]

(c)in Scotland, [F16a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994].

(4)In this section references to particular authorities having been constituted as waste disposal F17. . . are references to their having been so constituted by the M1Waste Regulation and Disposal (Authorities) Order 1985 made by the Secretary of State under section 10 of the M2Local Government Act 1985 and the reference to London waste disposal authorities is a reference to the authorities named in Parts I, II, III, IV and V of Schedule 1 to that Order and this section has effect subject to any order made under the said section 10 F18. . ..

(5)[F19In this Part “waste disposal contractor” means a person who in the course of a business collects, keeps, treats or disposes of waste, being either—

(a)a company formed for all or any of those purposes by a waste disposal authority whether in pursuance of section 32 below or otherwise; or

(b)either a company formed for all or any of those purposes by other persons or a partnership or an individual;

and “company[F20means a company as defined in section 1(1) of the Companies Act 2006] and “formed”, in relation to a company formed by other persons, includes the [F21alteration of the company's articles so as to add, remove or alter a statement of the company's objects].]

F22(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F22(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F22(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F17In s. 30(4) words "or regulation" cease to have effect (1.4.1996) by virtue of 1995 c. 25, s. 120(1), Sch. 22 para. 62(3)(a) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3 and by s. 120(3), Sch. 24 of that 1995 Act commenced by S.I. 1996/186, art. 3 words "or regulation authorities" are repealed (1.4.1996)

F19S. 30(5) repealed (E.W.) (18.10.2005 for E. and 16.3.2006 for W.) by Clean Neighbourhoods and Environment Act 2005 (c. 16), ss. 47, 107, 108, Sch. 5 Pt. 4; S.I. 2005/2896, art. 3(g)(k) (with art. 6 (as amended (1.4.2006) by S.I. 2006/1002, art. 2)); S.I. 2006/768, art. 2(a)(d) (with art. 5 (as amended (17.10.2006) by S.I. 2006/2797, art. 11))

F20Words in s. 30(5) substituted (1.10.2009) by The Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order (S.I. 2009/1941), art. 2(1), {Sch. 1 para. 120(a)} (with art. 10)

F21Words in s. 30(5) substituted (1.10.2009) by The Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order (S.I. 2009/1941), art. 2(1), {Sch. 1 para. 120(b)} (with art. 10)

Commencement Information

I2S. 30 wholly in force at 31.5.1991 see s. 164(3) and S.I. 1991/1319, art. 2

Marginal Citations

F2331. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

32 Transition to waste disposal companies etc.E+W

F24. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations: Help about Annotation
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

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