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

http://www.legislation.gov.uk/ukpga/1990/43/section/6/2009-07-07

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

2009-07-07

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)

C2Part I Integrated Pollution Control and Air Pollution Control by Local Authorities

Annotations:

Modifications etc. (not altering text)

Pt. I (ss. 1-28) modified (1.5.1994) by S.I. 1994/1056, reg. 1(3), 19, Sch. 4 Pt. I para.8

Pt. I (ss. 1-24): functions of River Purification Authorities tranferred (12.10.1995) to SEPA by 1995 c. 25, s. 21(1)(a)(iii)(with ss. 7(6), 115, 117); S.I. 1995/2649, art.2

Pt. I (ss. 1-24): functions of Chief Inspector for Scotland transferred (12.10.1995) to SEPA by 1995 c. 25, s. 21(1)(d)(with ss. 7(6), 115, 117); S.I. 1995/2649, art.2

Pt. I (ss. 1-24): functions of Local Authorities transferred (12.10.1995) to SEPA by 1995 c. 25, s. 21(1)(h)(with ss. 7(6), 115, 117); S.I. 1995/2649, art.2

Pt. I (ss. 1-28): functions of the Chief Inspector for England and Wales transferred (1.4.1996) to The Environment Agency by 1995 c. 25, s. 2(1)(d)(with ss. 7(6), 115, 117); S.I. 1996/186, art.3

Pt. I (ss. 1-28) modified (1.2.1996) by 1995 c. 25, s. 5(5)(e)(with s. 115, 117); S.I. 1996/186, art.2

Pt. I (ss. 1-28) modified (1.4.1996) by 1995 c. 25, s. 33(5)(e)(with ss. 7(6), 115, 117); S.I. 1996/186, art.3

Pt. I (ss. 1-28): power to make corresponding provisions conferred (27.7.1999) by 1999 c. 24, s. 2, Sch. 1 Pt. I para. 20(1)(a)

Authorisations

6 Authorisations: general provisions.

C11

No person shall carry on a prescribed process after the date prescribed or determined for that description of process by or under regulations under section 2(1) above (but subject to any transitional provision made by the regulations) except under an authorisation granted by the enforcing authority and in accordance with the conditions to which it is subject.

2

An application for an authorisation shall be made to the enforcing authority in accordance with Part I of Schedule 1 to this Act and shall be accompanied by

F1a

in a case where, by virtue of section 41 of the Environment Act 1995, a charge prescribed by a charging scheme under that section is required to be paid to the appropriate Agency in respect of the application, the charge so prescribed; or

b

in any other case, the fee prescribed under section 8(2)(a) below.

3

Where an application is duly made to the enforcing authority, the authority shall either grant the authorisation subject to the conditions required or authorised to be imposed by section 7 below or refuse the application.

4

An application shall not be granted unless the enforcing authority considers that the applicant will be able to carry on the process so as to comply with the conditions which would be included in the authorisation.

5

The Secretary of State may, if he thinks fit in relation to any application for an authorisation, give to the enforcing authority directions as to whether or not the authority should grant the authorisation.

6

F2Subject to subsection (6A) below, the enforcing authority shall, as respects each authorisation in respect of which it has functions under this Part, from time to time but not less frequently than once in every period of four years, carry out a review of the conditions of the authorisation.

F36A

Subsection (6) above shall not require a review of the conditions of an authorisation to be carried out if–

a

the prescribed process covered by the authorisation is carried on in a new Part A installation or by means of a new Part A mobile plant;

b

the prescribed process covered by the authorisation is carried on in an existing Part A installation or by means of an existing Part A mobile plant and the review would be carried out within the period of two years ending at the beginning of the relevant period for that installation or mobile plant;

c

the prescribed process covered by the authorisation is carried on in an existing Part B installation or by means of an existing Part B mobile plant and the review would be carried out within the two year period ending on the relevant date for that installation or mobile plant.

6B

In subsection (6A) above, “new Part A installation”, “existing Part A installation”, “new Part A mobile plant”, “existing Part A mobile plant”, “relevant period”, “existing Part B installation”, “existing Part B mobile plant” and “relevant date” have the meanings given in Schedule 3 to the Pollution Prevention and Control (Scotland) Regulations 2000.

7

The Secretary of State may, by regulations, substitute for the period for the time being specified in subsection (6) above such other period as he thinks fit.

8

Schedule 1 to this Act (supplementary provisions) shall have effect in relation to authorisations.