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Environmental Protection Act 1990

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Commencement Orders bringing legislation that affects this Act into force:

Section 162.

SCHEDULE 15E+W+S Consequential and Minor Amendments of Enactments

E+W+S

F11. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

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Amendments (Textual)

F1Sch. 15 para 1 repealed (1.4.1993) by 1992 c. 14, s. 117(2), Sch.14; S.I. 1993/575, art. 2(d),Sch. (with art. 5)

Exclusion of Alkali Works Act for prescribed processesE+W+S

2In the M1Alkali, &c. Works Regulation Act 1906 there shall be inserted, after section 2, the following section—E+W+S

2A Relation to Environmental Protection Act 1990, Part I.

(1)The preceding provisions of this Part of this Act shall not apply to any process which is a prescribed process as from the date which is the determination date for that process.

(2)The “determination date” for a prescribed process is—

(a)in the case of a process for which an authorisation is granted, the date on which the enforcing authority grants it, whether in pursuance of the application or, on an appeal, of a direction to grant it;

(b)in the case of a process for which an authorisation is refused, the date of the refusal or, on an appeal, of the affirmation of the refusal.

(3)In this section “authorisation”, “enforcing authority” and “prescribed process” have the meaning given in section 1 of the Environmental Protection Act 1990 and the reference to an appeal is a reference to an appeal under section 15 of that Act..

and, immediately before section 25, as section 24A, a section in the same terms as the section 2A inserted after section 2.

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Commencement Information

I1Sch. 15 para. 2 in force at 1.4.1991, see s. 164(3) and S.I. 1991/1042, art. 2

Marginal Citations

Stray dogsE+W+S

3F2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

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Amendments (Textual)

Statutory nuisancesE+W+S

4(1)The following provisions of the M2Public Health Act 1936 (matters deemed statutory nuisances) shall be amended as follows.E+W+S

(2)In section 141, for the words “Part III of this Act” there shall be substituted the words “ Part III of the Environmental Protection Act 1990 ”.

(3)in section 259(1), for the words “Part III of this Act” there shall be substituted the words “ Part III of the Environmental Protection Act 1990 ”.

(4)In section 268—

(a)in subsection (1), for the words “Parts III” there shall be substituted the words “ Part III of the Environmental Protection Act 1990 and Parts ”;

(b)in subsection (2), for the words “the said Part III” there shall be substituted the words “ Part III of the Environmental Protection Act 1990 ”; and

(c)in subsection (3), for the words “Part III of this Act” there shall be substituted the words “ Part III of the Environmental Protection Act 1990 ”.

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Marginal Citations

5(1)Section 151 of the M3Mines and Quarries Act 1954 (matters deemed statutory nuisances) shall be amended as follows.E+W+S

(2)In subsection (2), for the words “Part III of the Public Health Act 1936” there shall be substituted the words “ Part III of the Environmental Protection Act 1990 ”.

(3)In subsection (3), for the words “Part III of the Public Health Act 1936” there shall be substituted the words “ Part III of the Environmental Protection Act 1990 ”.

F3(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

Marginal Citations

Exclusion of Clean Air Act 1956 for prescribed processesE+W+S

F46. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

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Amendments (Textual)

F4Sch. 15 para. 6 repealed (27.8.1993) by 1993 c. 11, ss. 67(3), 68(2), Sch.6

Statutory nuisancesE+W+S

F57. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

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Amendments (Textual)

F5Sch. 15 para. 7 repealed (27.8.1993) by 1993 c. 11, ss. 67(3), 68(2), Sch.6

F68. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

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Amendments (Textual)

F6Sch. 15 para. 8 repealed (27.8.1993) by 1993 c. 12, ss. 50, 51(2), Sch. 6 Pt.I (with ss. 42, 46)

9In section 1(1)(g) of the Hovercraft Act 1986 (power to exclude noise nuisance proceedings), after the word “1974” there shall be inserted the words “ or Part III of the Environmental Protection Act 1990. ”E+W+S

Goods vehicle operators’ licences: pollution offencesE+W+S

10(1)The following provisions of of the M4Transport Act 1968 shall be amended as follows.E+W+S

F7(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)In section 108(1) (statutory nuisance proceedings in relation to waterways), for the words “said Act of 1936” there shall be substituted the words “ Environmental Protection Act 1990 ”.

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Amendments (Textual)

F7Sch. 15, para. 10(2) repealed (1.1.1996) by 1995 c. 23, s. 60(2), Sch. 8 Pt.I (with ss. 54, 55); S.I. 1995/2181, art.2 and para. 10(2)(a) repealed (1.1.1996) by 1994 c. 40, s. 81, Sch. 17; S.I. 1995/2835, art. 2.

Commencement Information

I2Sch. 15 partly in force; Sch. 15 not in force at Royal Assent see s.164(2); Sch. 15 para. 10(3) in force at 14.1.1991 by S.I. 1991/96, art. 2

Marginal Citations

National Park WardensE+W+S

11In section 42 of the M5Countryside Act 1968 (National Park Wardens), in subsection (4)(a), for the words “section 1 of the Litter Act 1983” there shall be substituted the words “ section 87 of the Environmental Protection Act 1990 ”.E+W+S

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Commencement Information

I3Sch. 15, para. 11 in at force 1.4.1991, see s. 164(3) and S.I. 1991/1042, art. 2

Marginal Citations

Exclusion of Clean Air Act 1968 for prescribed processesE+W+S

F812. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

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Amendments (Textual)

Sale of electricity: ScotlandE+W+S

13In section 170A(3) of the M6Local Government (Scotland) Act 1973 (restriction on sale of electricity by local authority) after the word “prescribed,” there shall be inserted the words “ or in cases where it is produced from waste, ”.E+W+S

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Commencement Information

I4Sch. 15, para. 13 in force at 1.4.1991, see s. 164(3) and S.I. 1991/1042, art. 2

Marginal Citations

Workplace emissions into the airE+W+S

14Section 5 of the M7Health and Safety at Work etc. Act 1974 (general duty in relation to harmful emissions into the air from prescribed premises) shall be amended by the insertion—E+W+S

(a)in subsection (1), at the beginning, of the words “Subject to subsection (5) below,”; and

(b)after subsection (4), of the following subsections—

(5)The foregoing provisions of this section shall not apply in relation to any process which is a prescribed process as from the date which is the determination date for that process.

(6)For the purposes of subsection (5) above, the “determination date” for a prescribed process is—

(a)in the case of a process for which an authorisation is granted, the date on which the enforcing authority grants it, whether in pursuance of the application or, on an appeal, of a direction to grant it;

(b)in the case of a process for which an authorisation is refused, the date of the refusal or, on an appeal, of the affirmation of the refusal.

(7)In subsections (5) and (6) above “authorisation”, “enforcing authority” and “prescribed process” have the meaning given in section 1 of the Environmental Protection Act 1990 and the reference to an appeal is a reference to an appeal under section 15 of that Act.

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Commencement Information

I5Sch. 15, para. 14 in force at 1. 4. 1991, see s. 164(3) and S.I. 1991/1042, art. 2

Marginal Citations

Water, noise and atmospheric pollutionE+W+S

15(1)The following provisions of the M8Control of Pollution Act 1974 shall be amended as follows.E+W+S

(2)In section 30D, after the words “and 1965” there shall be inserted the words “ and of the Environmental Protection Act 1990 ”.

(3)In section 61(9), at the end, there shall be inserted the words “ (in relation to Scotland) or section 82 of the Environmental Protection Act 1990 (in relation to England and Wales) ”.

(4)In section 65(8), at the end, there shall be inserted the words “ (in relation to Scotland) or section 82 of the Environmental Protection Act 1990 (in relation to England and Wales) ”.

(5)In section 74(2), after paragraph (b), there shall be inserted the following ; or

(c)under section 80(4) of the Environmental Protection Act 1990,.

F9(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F9(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F9(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F9(9). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

F9Sch. 15(6)-(9) repealed (27.8.1993) by 1993 c. 11, ss. 67(3), 68(2), Sch.6

Commencement Information

I6Sch. 15 partly in force; Sch. 15 not in force at Royal Assent see s. 164(2); Sch. 15 paras. 15(3)-(5) in force at 14.1.1991 see s. 164(3) and S.I. 1991/96, art. 2

Sch. 15, para. 15 partly in force; Sch. 15 paras. 15(6)-(9) in force at 1. 4. 1991 see s. 164(3) and S.I. 1991/1042, art. 2

Marginal Citations

M81974, c. 40.

F1016. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

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Amendments (Textual)

Prospective

Exclusion of Part II of Control of Pollution Act 1974 for radioactive substances: ScotlandE+W+S

17For subsection (6) of section 56 of the M9Control of Pollution Act 1974 (interpretation of Part II) there shall be substituted the following subsection—E+W+S

(6)Except as provided by regulations made under this subsection, nothing in this Part of this Act applies to radioactive waste within the meaning of the Radioactive Substances Act 1960; but regulations may—

(a)provide for prescribed provisions of this Part of this Act to have effect with such modifications as the Secretary of State considers appropriate for the purposes of dealing with such radioactive waste;

(b)make such modifications of the Radioactive Substances Act 1960 and any other Act as the Secretary of State considers appropriate in connection with regulations made under paragraph (a) above.

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Marginal Citations

Statutory nuisancesE+W+S

F1118. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

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Amendments (Textual)

Refuse Disposal: ScotlandE+W+S

19(1)Section 1 of the M10Refuse Disposal (Amenity) Act 1978 (provision by waste disposal authorities of places etc. for disposal of refuse) shall be amended in relation to Scotland as follows.E+W+S

(2)In subsection (1) at the end there shall be inserted the words “ and to dispose of refuse so deposited ”.

(3)In subsection (6) for the words from “mandamus” to the end of the subsection there shall be substituted the words “ by proceedings under section 45 of the Court of Session Act 1988 ”.

(4)In subsection (7) the definition of “local authority” and the word “and” which follows it shall be omitted.

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Commencement Information

I7Sch. 15 para. 19 wholly in force at 1.4.1992 see S.I. 1992/266, art. 3

Marginal Citations

Street cleansing: ScotlandE+W+S

20In section 25 of the M11Local Government and Planning (Scotland) Act 1982, for subsection (3) there shall be substituted—E+W+S

(3)In subsection (2) above “cleansing” means such cleansing as appears to the islands or as the case may be district council to be necessary in the interests of public health or safety or of the amenities of their area but does not include operations for the removal of snow or ice and “relevant land” means any land, in the open air, to which members of the public have access and which is not comprehended in a public road within the meaning of the Roads (Scotland) Act 1984..

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Commencement Information

I8Sch. 15, para. 20 in force at 1.4.1991, see s. 164(3) and S.I. 1991/1042 , art. 2

Marginal Citations

Byelaws relating to straw or stubble burningE+W+S

21F12. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

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Amendments (Textual)

Functions assignable to London port health authorityE+W+S

22In section 7(4) of the M12Public Health (Control of Disease) Act 1984 (enactments functions under which are assignable to London port health authority), after the paragraph (k) inserted by paragraph 23 of Schedule 6 to the M13Building Act 1984, there shall be inserted the following paragraphs—E+W+S

(l)Part I of the Environmental Protection Act 1990;

(m)Part III of the Environmental Protection Act 1990;.

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Commencement Information

I9Sch. 15 para. 22 partly in force at 1.1.1991 see s. 164(2) and wholly in force at 1.4.1991, see s. 164(3) and S.I. 1991/1042, art. 2

Marginal Citations

Street cleaning, etc: restriction of trafficE+W+S

F1323. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

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Amendments (Textual)

Statutory nuisanceE+W+S

24In section 76(1)(b) and (4)(a) of the M14Building Act 1984, for the words “sections 93 to 96 of the Public Health Act 1936” there shall be substituted the words “ section 80 of the Environmental Protection Act 1990 ”.E+W+S

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Marginal Citations

Constitution of authorities for waste disposalE+W+S

26In section 10 of the M15Local Government Act 1985 (joint arrangements for waste disposal functions), in subsection (4), for the words “Part I of the Control of Pollution Act 1974” there shall be substituted the words “ Part II of the Environmental Protection Act 1990 ”.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.

Commencement Information

I10Sch. 15 para. 26 not in force at Royal Assent, see s. 164(3); Sch. 15 para. 26 in force at 1.5.1994 save for purposes of application to activities specified in art. 2(2) of the commencing S.I. and otherwise in force in relation to those activities in accordance with art. 3 of the commencing S.I. by S.I. 1994/1096, arts. 2(2)(3), 3 (as amended by S.I. 1994/2487, art. 2 and S.I. 1994/3234, art. 2)

Marginal Citations

Meaning of household waste: competitionE+W+S

27In Schedule 1 to the M16Local Government Act 1988 (competition: collection of household waste), paragraph 1 shall be amended as follows—E+W+S

(a)in sub-paragraph (1), the words “In the application of this Part to England and Wales,” shall be omitted;

(b)in sub-paragraph (2)(a), for the words “section 12 of the Control of Pollution Act 1974” there shall be substituted the words “ section 45 of the Environmental Protection Act 1990 ”;

(c)in sub-paragraph (3), for the words “section 30(4) of the Control of Pollution Act 1974” there shall be substituted the words “ section 75(8) of the Environmental Protection Act 1990 ”; and

(d)sub-paragraph (4) shall be omitted.

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.

Marginal Citations

Prospective

Registers of deposits etc. at sea: Northern Ireland Assembly control of regulationsE+W+S

25In section 25(3) of the M17Food and Environment Protection Act 1985, after paragraph (a)(ii) there shall be inserted the following sub-paragraph—E+W+S

(iii)in section 14(8), for the words from “and any such power” onwards there shall be substituted the words “ and any such regulations shall be subject to negative resolution within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954; and ”.

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.

Marginal Citations

Exclusion of Water Act 1989 controls of exercise of trade effluent functions in case of prescribed processesE+W+S

F1428. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

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)

Exclusion of Part III of Water Act 1989 for discharges from prescribed processesE+W+S

F1529. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

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)

Contents of registers of National Rivers AuthorityE+W+S

F1630. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

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)

Carriers of controlled wasteE+W+S

31(1)The M18Control of Pollution (Amendment) Act 1989 shall be amended as follows.E+W+S

(2)In the following provisions, for the words “disposal authority” and “disposal authorities” there shall be substituted the words “ regulation authority ” and “ regulation authorities ” respectively, that is to say, in sections 1(4)(a), 2(1), 2(b) and (e), (3)(a) and (e) and (4)(a), (b) and (c), 3(1), (2) and (6), 4(1), (3), (4), (5) and (8)(b) and (c), 5(1) and (4)(a), 6(1), (2), (3), (5), F17. . ., (7)(a) and (c), (8) and (9) and 7(1), F17. . ., (3)(a) and (8).

(3)In section 6(1) (offences justifying seizure of vehicles), in paragraph (a)(i)—

(a)after “1974” there shall be inserted the words “ or section 33 of the Environmental Protection Act 1990 ”; and

(b)after the word “unlicensed” there shall be inserted the words “ deposit, treatment or ”.

(4)In section 7 (enforcement)—

(a)in subsection (1), for the words from “91” to “information)” there shall be substituted the words “ 68(3), (4) and (5), 69, 70 and 71 of the Environmental Protection Act 1990 (powers of entry, of dealing with imminent pollution and to obtain information) ”;

(b)in subsection (2), paragraph (b) shall be omitted; and

F18(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)In section 9(1)—

(a)in the definition of “controlled waste”—

(i)for the words “, subject to subsection (2) below,” there shall be substituted the words “ , at any time, ”; and

(ii)for the words “in Part I of the Control of Pollution Act 1974” there shall be substituted the words “ for the purposes of Part II of the Environmental Protection Act 1990 ”,

(b)the definition of “disposal authority” shall be omitted; and

F18(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)Section 9(2) shall be omitted.

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)

F17Words in Sch. 15, para. 31(2) repealed (1.4.1996) by 1995 c. 25, s. 120(3), Sch.24 (with s. 7(6), 115, 117); S.I. 1996/186, art.3.

Commencement Information

I11Sch. 15, para. 31 wholly in force at 1.4.1992; Sch. 15, para. 31(4)(b) in force at 1.1.1991 ; Sch. 15, para. 31(1)-(3)(4)(a)(c)(5)(b)(c) in force at 31.5.1991 by S.I. 1991/1319, art. 2; Sch. 15, para. 31(5)(a)(6) in force at 1.4.1992 by S.I. 1991/2829, art. 2.

Marginal Citations

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