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Environmental Protection Act 1990

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2 Prescribed processes and prescribed substances.E+W+S

[F1(1)The Secretary of State may, by regulations, prescribe any description of process as a process for the carrying on of which after a prescribed date an authorisation is required under section 6 below.

(2)Regulations under subsection (1) above may frame the description of a process by reference to any characteristics of the process or the area or other circumstances in which the process is carried on or the description of person carrying it on.

(3)Regulations under subsection (1) above may prescribe or provide for the determination under the regulations of different dates for different descriptions of persons and may include such transitional provisions as the Secretary of State considers necessary or expedient as respects the making of applications for authorisations and suspending the application of section 6(1) below until the determination of applications made within the period allowed by the regulations.

(4)Regulations under subsection (1) above shall, as respects each description of process, designate it as one for central control or one for local control.

(5)The Secretary of State may, by regulations, prescribe any description of substance as a substance the release of which into the environment is subject to control under sections 6 and 7 below.

(6)Regulations under subsection (5) above may—

(a)prescribe separately, for each environmental medium, the substances the release of which into that medium is to be subject to control; and

(b)provide that a description of substance is only prescribed, for any environmental medium, so far as it is released into that medium in such amounts over such periods, in such concentrations or in such other circumstances as may be specified in the regulations;

and in relation to a substance of a description which is prescribed for releases into the air, the regulations may designate the substance as one for central control or one for local control.

(7)In this Part “prescribed substance” means any substance of a description prescribed in regulations under subsection (5) above or, in the case of a substance of a description prescribed only for releases in circumstances specified under subsection (6)(b) above, means any substance of that description which is released in those circumstances.]

Textual Amendments

F1Ss. 1-28 repealed (1.4.2015 for S. for the repeal of ss. 1-19, 22-28) by Pollution Prevention and Control Act 1999 (c. 24), s. 7(3), Sch. 3 (with s. 7(7)); S.S.I. 2015/74, art. 2(2)(b)

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