Environment Act 1995 (c. 25)

Part I E+W+S The Environment Agency and the Scottish Environment Protection Agency

Chapter III E+W+S Miscellaneous, General and Supplemental Provisions Relating to the New Agencies

Supplemental provisions E+W+S

56 Interpretation of Part I. E+W+S

(1) In this Part of this Act, except where the context otherwise requires—

• “the 1951 Act” means the M1 Rivers (Prevention of Pollution) (Scotland) Act 1951;

• “the 1990 Act” means the M2 Environmental Protection Act 1990;

• “the 1991 Act” means the M3 Water Resources Act 1991;

• “the appropriate Minister”—

  (a)

  in the case of the Agency, means the Secretary of State or the Minister; and

  (b)

  in the case of SEPA, means the Secretary of State;

• “the appropriate Ministers”—

  (a)

  in the case of the Agency, means the Secretary of State and the Minister; and

  (b)

  in the case of SEPA, means the Secretary of State;

• “conservancy authority” has the meaning given by section 221(1) of the 1991 Act;

• “costs” includes—

  (a)

  costs to any person; and

  (b)

  costs to the environment;

• “disposal authority”—

  (a)

  in the application of this Part in relation to the Agency, has the same meaning as it has in Part I of the M4 Control of Pollution Act 1974 by virtue of section 30(1) of that Act; and

  (b)

  in the application of this Part in relation to SEPA, has the meaning assigned to it by section 30(2) of that Act;

• [F1 “the environment” means all, or any, of the following media, namely, the air, water and land (and the medium of air includes the air within buildings and the air within other natural or man-made structures above or below ground); ]

• “environmental licence”, in the application of this Part in relation to the Agency, means any of the following—

  (a)

  registration of a person as a carrier of controlled waste under section 2 of the M5 Control of Pollution (Amendment) Act 1989,

  (aa)

  [F2 a permit granted by the Agency under regulations under section 2 of the Pollution Prevention and Control Act 1999;]

  (b)

  an authorisation under Part I of the 1990 Act, other than any such authorisation granted by a local enforcing authority,

  (c)

  a waste management licence under Part II of that Act,

  (d)

  a licence under Chapter II of Part II of the 1991 Act,

  (e)

  a consent for the purposes of section 88(1)(a), 89(4)(a) or 90 of that Act,

  (f)

  registration under the M6 Radioactive Substances Act 1993,

  (g)

  an authorisation under that Act,

  (h)

  registration of a person as a broker of controlled waste under the M7 Waste Management Licensing Regulations 1994,

  (j)

  registration in respect of an activity falling within paragraph 45(1) or (2) of Schedule 3 to those Regulations,

  (k)

  [F3 a greenhouse gas emissions permit granted under the Greenhouse Gas Emissions Trading Scheme Regulations 2005],

  so far as having effect in relation to England and Wales;

• “environmental licence”, in the application of this Part in relation to SEPA, means any of the following—

  (a)

  a consent under Part II of the M8 Control of Pollution Act 1974,

  (aa)

  [F4 a permit granted by SEPA under regulations under section 2 of the Pollution Prevention and Control Act 1999]

  (b)

  registration of a person as a carrier of controlled waste under section 2 of the M9 Control of Pollution (Amendment) Act 1989,

  (c)

  an authorisation under Part I of the 1990 Act,

  (d)

  a waste management licence under Part II of that Act,

  (e)

  a licence under section 17 of the M10 Natural Heritage (Scotland) Act 1991,

  (f)

  registration under the M11 Radioactive Substances Act 1993,

  (g)

  an authorisation under that Act,

  (h)

  registration of a person as a broker of controlled waste under the M12 Waste Management Licensing Regulations 1994,

  (j)

  [F5 registration in respect of an activity falling within paragraphs 7, 8(2), 9, 10, 12, 12A, 19, 45(1) or (2) or 46 of Schedule 3 to those Regulations, except where the waste which is the subject of the activity consists of agricultural waste within the meaning of those Regulations,]

  (k)

  [F3 a greenhouse gas emissions permit granted under the Greenhouse Gas Emissions Trading Scheme Regulations 2005],

  so far as having effect in relation to Scotland;

• “flood defence functions”, in relation to the Agency, has the same meaning as in the 1991 Act;

• “harbour authority” has the meaning given by section 221(1) of the 1991 Act;

• “local authority”, in the application of this Part in relation to SEPA, means a district or islands council in Scotland;

• “the Minister” means the Minister of Agriculture, Fisheries and Food;

• “the Ministers” means the Secretary of State and the Minister;

• “navigation authority” has the meaning given by section 221(1) of the 1991 Act;

• “new Agency” means the Agency or SEPA;

• “river purification authority” means a river purification authority within the meaning of the 1951 Act;

• “river purification board” means a river purification board established by virtue of section 135 of the M13 Local Government (Scotland) Act 1973;

• “the transfer date” means such date as the Secretary of State may by order made by statutory instrument appoint as the transfer date for the purposes of this Part; and different dates may be appointed for the purposes of this Part—

  (i)

  as it applies for or in connection with transfers under or by virtue of Chapter I above, and

  (ii)

  as it applies for or in connection with transfers under or by virtue of Chapter II above;

• “waste regulation authority”—

  (a)

  in the application of this Part in relation to the Agency, means any authority in England or Wales which, by virtue of section 30(1) of the 1990 Act, is a waste regulation authority for the purposes of Part II of that Act; and

  (b)

  in the application of this Part in relation to SEPA, means any council which, by virtue of section 30(1)(g) of the 1990 Act, is a waste regulation authority for the purposes of Part II of that Act.

(2) In relation to any time on or after 1st April 1996—

(a) subsection (1) above shall have effect as if, in the definition of “local authority”, for the words “district or islands council in Scotland” there were substituted the words “ council constituted under section 2 of the M14 Local Government etc. (Scotland) Act 1994 ”; and

(b) in section 22(3)(a)(iv) above the reference to an islands council shall be construed as a reference to a council mentioned in section 3(1) of the Local Government etc. (Scotland) Act 1994.

(3) Where by virtue of any provision of this Part any function of a Minister of the Crown is exercisable concurrently by different Ministers, that function shall also be exercisable jointly by any two or more of those Ministers.

Textual Amendments

F1 Definition of “the environment” in s. 56(1) substituted (21.3.2000 (E.W.) and 29.9.2000 (S.)) by 1999 c. 24, s. 6(1), Sch. 2 para. 17; S.I. 2000/800, art. 2; S.S.I. 2000/322, art. 2

F2 S. 56(1): para. (aa) in the definition of “environmental licence” in relation to the Environment Agency inserted (E.W.) (1.8.2000) by S.I. 2000/1973, reg. 39, Sch. 10 para. 15

F3 Words in s. 56(1) inserted (21.4.2005) by The Greenhouse Gas Emissions Trading Scheme Regulations 2005 (S.I. 2005/925), Sch. 6 para. 1(3) (with reg. 3)

F4 S. 56(1): para. (aa) in the definition of “environmental licence” in relation to SEPA inserted (S.) (28.9.2000) by S.S.I. 2000/323, regs. 1(1), 36, Sch. 10 para. 5(2)

F5 Words in s. 56(1) substituted (S.) (12.7.2004) by Waste Management Licensing Amendment (Scotland) Regulations 2004 (S.S.I. 2004/275), reg. 2(2) (with reg. 23)

Marginal Citations

M1 1951 c. 66.

M2 1990 c. 43.

M3 1991 c. 57.

M4 1974 c. 40.

M5 1989 c. 14.

M6 1993 c. 12.

M7 S.I. 1994/1056.

M8 1974 c. 40.

M9 1989 c. 14.

M10 1991 c. 28.

M11 1993 c. 12.

M12 S.I. 1994/1056.

M13 1973 c. 65.

M14 1994 c. 39.