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Environmental Protection Act 1990

Status:

This is the original version (as it was originally enacted).

3Emission etc. limits and quality objectives

(1)The Secretary of State may make regulations under subsection (2) or (4) below establishing standards, objectives or requirements in relation to particular prescribed processes or particular substances.

(2)Regulations under this subsection may—

(a)in relation to releases of any substance from prescribed processes into any environmental medium, prescribe standard limits for—

(i)the concentration, the amount or the amount in any period of that substance which may be so released; and

(ii)any other characteristic of that substance in any circumstances in which it may be so released;

(b)prescribe standard requirements for the measurement or analysis of, or of releases of, substances for which limits have been set under paragraph (a) above; and

(c)in relation to any prescribed process, prescribe standards or requirements as to any aspect of the process.

(3)Regulations under subsection (2) above may make different provision in relation to different cases, including different provision in relation to different processes, descriptions of person, localities or other circumstances.

(4)Regulations under this subsection may establish for any environmental medium (in all areas or in specified areas) quality objectives or quality standards in relation to any substances which may be released into that or any other medium from any process.

(5)The Secretary of State may make plans for—

(a)establishing limits for the total amount, or the total amount in any period, of any substance which may be released into the environment in, or in any area within, the United Kingdom;

(b)allocating quotas as respects the release of substances to persons carrying on processes in respect of which any such limit is established;

(c)establishing limits of the descriptions specified in subsection (2)(a) above so as progressively to reduce pollution of the environment;

(d)the progressive improvement in the quality objectives and quality standards established by regulations under subsection (4) above;

and the Secretary of State may, from time to time, revise any plan so made.

(6)Regulations or plans under this section may be made for any purposes of this Part or for other purposes.

(7)The Secretary of State shall give notice in the London, Edinburgh and Belfast Gazettes of the making and the revision of any plan under subsection (5) above and shall make the documents containing the plan, or the plan as so revised, available for inspection by members of the public at the places specified in the notice.

(8)Subject to any Order made after the passing of this Act by virtue of subsection (1)(a) of section 3 of the [1973 c. 36.] Northern Ireland Constitution Act 1973, the making and revision of plans under subsection (5) above shall not be a transferred matter for the purposes of that Act but shall for the purposes of subsection (2) of that section be treated as specified in Schedule 3 to that Act.

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