Explanatory Note
(This note is not part of the Regulations)
Section 3 of the Control of Pollution Act 1974 currently prohibits the disposal of waste controlled under that Act without a disposal licence except in prescribed cases.
Part I of the Environmental Protection Act 1990 establishes a new regime of integrated pollution control and air pollution control. Under that Part, the carrying on of prescribed processes requires the authorisation of the appropriate regulatory authority. The Environmental Protection (Prescribed Processes and Substances) Regulations 1991 (S.I. 1991/472) prescribe the processes for which authorisation is required under Part I and the date from which authorisation is required.
Section 33 of the 1990 Act which supersedes section 3 of the 1974 Act is not yet in force.
These Regulations are concerned with potential overlaps in the two regulatory systems. They exempt generally from the licensing requirements of the 1974 Act any disposal as part of a process subject to central (Integrated pollution) control which has been authorised under Part I of the 1990 Act and any disposal described in the Schedule forming part of a process subject to local (air pollution) control which has been so authorised. There is, however, an exception in relation to the final disposal by deposit in or on land of controlled waste as that operation is expressly excluded from regulation under Part I of the 1990 Act.