http://www.legislation.gov.uk/id/ukpga/1990/43

http://www.legislation.gov.uk/ukpga/1990/43/section/146/1995-07-19

Environmental Protection Act 1990

An Act to make provision for the improved control of pollution arising from certain industrial and other processes; to re-enact the provisions of the Control of Pollution Act 1974 relating to waste on land with modifications as respects the functions of the regulatory and other authorities concerned in the collection and disposal of waste and to make further provision in relation to such waste; to restate the law defining statutory nuisances and improve the summary procedures for dealing with them, to provide for the termination of the existing controls over offensive trades or businesses and to provide for the extension of the Clean Air Acts to prescribed gases; to amend the law relating to litter and make further provision imposing or conferring powers to impose duties to keep public places clear of litter and clean; to make provision conferring powers in relation to trolleys abandoned on land in the open air; to amend the Radioactive Substances Act 1960; to make provision for the control of genetically modified organisms; to make provision for the abolition of the Nature Conservancy Council and for the creation of councils to replace it and discharge the functions of that Council and, as respects Wales, of the Countryside Commission; to make further provision for the control of the importation, exportation, use, supply or storage of prescribed substances and articles and the importation or exportation of prescribed descriptions of waste; to confer powers to obtain information about potentially hazardous substances; to amend the law relating to the control of hazardous substances on, over or under land; to amend section 107(6) of the Water Act 1989 and sections 31(7)(a), 31A(2)(c)(i) and 32(7)(a) of the Control of Pollution Act 1974; to amend the provisions of the Food and Environment Protection Act 1985 as regards the dumping of waste at sea; to make further provision as respects the prevention of oil pollution from ships; to make provision for and in connection with the identification and control of dogs; to confer powers to control the burning of crop residues; to make provision in relation to financial or other assistance for purposes connected with the environment; to make provision as respects superannuation of employees of the Groundwork Foundation and for remunerating the chairman of the Inland Waterways Amenity Advisory Council; and for purposes connected with those purposes.

1990-11-01

text

text/xml

Statute Law Database

2024-05-21

1995-07-19

Environmental Protection Act 1990

s. 33ZB(10A)

Environment Act 2021

s. 69(3)(b)

s. 144

s. 147(3)

(4)

Environmental Protection Act 1990

s. 34ZB(8A)

Environment Act 2021

s. 69(5)(b)

s. 144

s. 147(3)

(4)

Environmental Protection Act 1990

s. 161(2AA)

(2AB)

Environment (Wales) Act 2016

Deddf yr Amgylchedd (Cymru) 2016

s. 69(4)

s. 88(3)(b)

Environmental Protection Act 1990

s. 106A

Genetic Technology (Precision Breeding) Act 2023

s. 41(2)

s. 46

s. 48(4)

Part VIII Miscellaneous

Pollution at sea

146 Deposits of substances and articles in the sea, etc.

1

Part II of the M1Food and Environment Protection Act 1985 (under which licences are required for deposits by British vessels etc at sea anywhere or by foreign vessels etc in United Kingdom waters or, in certain circumstances, within British fishery limits) shall be amended as follows.

2

In section 5 (licences for depositing at sea)—

a

in paragraph (a), after the words “United Kingdom waters” there shall be inserted the words “or United Kingdom controlled waters”;

b

paragraphs (c) and (d) shall be omitted;

c

in paragraph (e)—

i

in sub-paragraph (i), after the words “United Kingdom waters” there shall be inserted the words “or United Kingdom controlled waters” and at the end there shall be inserted the word “or”; and

ii

sub-paragraph (iii) shall be omitted.

3

In section 6 (licences for incineration at sea), in subsection (1)(a)—

a

b

sub-paragraph (iii) shall be omitted.

4

In section 9(5) (Convention State defence to offence of acting without or in contravention of a licence), in paragraph (b), for the word “waters” there shall be substituted the words “controlled waters (and not within United Kingdom waters)”.

5

In section 11 (powers of officers)—

a

in subsection (2)(b), for the words “British fishery limits” there shall be substituted the words “United Kingdom waters or United Kingdom controlled waters;”; and

b

in subsection (3)(a), for the words “British fishery limits” there shall be substituted the words “United Kingdom waters or United Kingdom controlled waters;”.

6

In section 21 (penalties for offences)—

a

in subsection (2), for the words “2(4) and 9(1)” there shall be substituted the words “and 2(4)”; and

b

after that subsection, there shall be inserted the following subsection—

2A
A person guilty of an offence under section 9(1) shall be liable—
a
on summary conviction, to a fine of an amount not exceeding £50,000; and
b
on conviction on indictment, to a fine or to imprisonment for a term not exceeding two years or to both.

7

In section 24(1) (definitions) at the end of the definition of “United Kingdom waters” there shall be inserted the words “and “United Kingdom controlled waters” means any part of the sea within the limits of an area designated under section 1(7) of the M2Continental Shelf Act 1964”.

8

In Schedule 2 (powers in relation to vessels, aircraft, etc. for the purposes of Part I or Part II or both Parts of the Act), in paragraph 3(3) (removal to United Kingdom), after the words “Part I” there shall be inserted the words “or II”.