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Pollution Prevention and Control Act 1999

Sections36

Pollution Prevention and Control Act 1999

1999 c. 24

An Act to make provision for implementing Council Directive 96/61/EC and for otherwise preventing and controlling pollution; to make provision about certain expired or expiring disposal or waste management licences; and for connected purposes.

Enacted[27th July 1999]
Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

1  General purpose of section 2 and definitions.

1 The purpose of section 2 is to enable provision to be made for or in connection with—
a Directive 2010/75/EU of the European Parliament and of the Council on industrial emissions (integrated pollution prevention and control);
b regulating , otherwise than in pursuance of that Directive, activities which are capable of causing any environmental pollution;
c otherwise preventing or controlling emissions capable of causing any such pollution.
2 In this Act—
  • “activities” means activities of any nature, whether—
    1. industrial or commercial or other activities, or
    2. carried on on particular premises or otherwise,
    and includes (with or without other activities) the depositing, keeping or disposal of any substance;
  • “environmental pollution” means pollution of the air, water or land which may give rise to any harm; and for the purposes of this definition (but without prejudice to its generality)—
    1. “pollution” includes pollution caused by noise, heat or vibrations or any other kind of release of energy, and
    2. “air” includes air within buildings and air within other natural or man-made structures above or below ground.
3 In the definition of “environmental pollution” in subsection (2), “harm” means—
a harm to the health of human beings or other living organisms;
b harm to the quality of the environment, including—
i harm to the quality of the environment taken as a whole,
ii harm to the quality of the air, water or land, and
iii other impairment of, or interference with, the ecological systems of which any living organisms form part;
c offence to the senses of human beings;
d damage to property; or
e impairment of, or interference with, amenities or other legitimate uses of the environment (expressions used in this paragraph having the same meaning as in Directive 2010/75/EU).

C1C2C4C52  Regulation of polluting activities.

1 The Secretary of State may by regulations make provision for any of the purposes listed in Part I of Schedule 1; and Part II of that Schedule has effect for supplementing Part I.
2 In accordance with subsection (1) of section 1, the provision which may be made by regulations under this section is provision for or in connection with any of the matters mentioned in paragraphs (a) to (c) of that subsection.
3 Regulations under this section may—
a contain such consequential, incidental, supplementary, transitional or saving provisions (including provisions amending, repealing or revoking enactments) as the Secretary of State considers appropriate; and
b make different provision for different cases, including different provision in relation to different persons, circumstances, areas or localities.
4 Before making any regulations under this section, the Secretary of State shall consult—
a the Environment Agency if the regulations are to apply in relation to England F11...;
aa the Natural Resources Body for Wales if the regulations are to apply in relation to Wales;
b the Scottish Environment Protection Agency if the regulations are to apply in relation to Scotland;
c such bodies or persons appearing to him to be representative of the interests of local government, industry, agriculture and small businesses respectively as he may consider appropriate; and
d such other bodies or persons as he may consider appropriate.
5 Consultation undertaken before the passing of this Act shall constitute as effective compliance with subsection (4) as if undertaken after that passing.
6 The power to make regulations under this section shall be exercised by statutory instrument.
7 A statutory instrument containing regulations under this section, if made without a draft having been laid before, and approved by a resolution of, each House of Parliament, shall be subject to annulment in pursuance of a resolution of either House.
8 No regulations to which this subsection applies shall be made (whether alone or with other regulations) unless a draft of the statutory instrument containing the regulations has been laid before, and approved by a resolution of, each House of Parliament.
9 Subsection (8) applies to—
a the first regulations to be made under this section which apply in relation to England;
b the first regulations to be made under this section which apply in relation to Wales;
c the first regulations to be made under this section which apply in relation to Scotland;
d regulations under this section which create an offence or increase a penalty for an existing offence;
e regulations under this section which amend or repeal any provision of an Act.
10 See section 62 of the Water Act 2014 for further provision about the procedure applying to statutory instruments containing both regulations made under this section and regulations made under section 61 of that Act.

3  Prevention etc. of pollution after accidents involving offshore installations.

1 The Secretary of State may, in relation to offshore installations, by regulations make provision which, subject to any modifications that he considers appropriate, corresponds or is similar to any provision made by, or capable of being made under, sections 137 to 140 of the M1Merchant Shipping Act 1995 (powers to prevent and reduce pollution, and the risk of pollution, by oil or other substances following an accident) in relation to ships.
2 In this section—
  • “offshore installation” means any structure or other thing (but not a ship) in or under—
    1. United Kingdom territorial waters, or
    2. any waters mentioned in section 7(9)(b) or (c),
    which is used for the purposes of, or in connection with, the exploration, development or production of petroleum;
  • “petroleum” has the meaning given by section 1 of the M2Petroleum Act 1998;
  • “ship” has the same meaning as in the Merchant Shipping Act 1995.
3 Regulations under this section may—
a contain such consequential, incidental, supplementary, transitional or saving provisions as the Secretary of State considers appropriate; and
b make different provision for different cases, including different provision in relation to different persons, circumstances, areas or localities.
4 Before making any regulations under this section, the Secretary of State shall consult—
a the Environment Agency, the Natural Resources Body for Wales, the Scottish Environment Protection Agency and the Department of the Environment for Northern Ireland;
b such bodies or persons appearing to him to be representative of the interests of owners or operators of offshore installations as he may consider appropriate; and
c such other bodies or persons as he may consider appropriate.
5 The power to make regulations under this section shall be exercised by statutory instrument.
6 No regulations shall be made under this section (whether alone or with other regulations) unless a draft of the statutory instrument containing the regulations has been laid before, and approved by a resolution of, each House of Parliament.

F314  Time-limited disposal or waste management licences.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5  Application to Wales and Scotland.

1 Subsection (2) applies to an Order in Council under section 22 of the M3Government of Wales Act 1998 (transfer of Ministerial functions) if the Order in Council contains a statement that it makes no provision which is not—
a provision about functions under this Act; or
b provision in connection with such provision.
2 An Order in Council to which this subsection applies—
a shall not be subject to subsection (4)(a) of that section (affirmative resolution of both Houses of Parliament); but
b shall be subject to annulment in pursuance of a resolution of either House of Parliament.
3 For the purposes of the M4Scotland Act 1998, this Act shall be taken to be a pre-commencement enactment within the meaning of that Act.

F7I16  Consequential and minor amendments and repeals.

I201 The consequential and minor amendments specified in Schedule 2 shall have effect.
I24I232 The enactments specified in Schedule 3 are repealed to the extent specified.

7  Short title, interpretation, commencement and extent.

1 This Act may be cited as the Pollution Prevention and Control Act 1999.
2 In this Act—
  • “enactment” includes an enactment comprised in subordinate legislation within the meaning of the M5Interpretation Act 1978;
  • “modifications” includes additions, alterations and omissions and “modify” shall be construed accordingly.
P13 Section 6 and Schedules 2 and 3 shall not come into force until such day as the Secretary of State may appoint by order made by statutory instrument, and different days may be so appointed for different purposes.
4 An order under subsection (3) may contain such consequential, incidental, supplementary, transitional or saving provisions (including provisions modifying enactments) as the Secretary of State considers appropriate.
5 This section and sections 3 and 5 extend to Northern Ireland but, subject to subsections (6) to (8), the other provisions of this Act do not extend there.
6 The amendment by this Act of any enactment extending to Northern Ireland also extends there.
7 The repeal by this Act of any enactment extending to Northern Ireland, except section 3(5) to (7) of the M6Environmental Protection Act 1990, also extends there.
8 Where an enactment extending to Northern Ireland is amended or repealed by any regulations or order under this Act, the regulations or order may provide for the amendment or repeal to extend to Northern Ireland.
9 Regulations and orders under this Act may make provision applying in relation to (and to places above and below)—
a the territorial waters adjacent to any part of the United Kingdom,
b the sea in any designated area within the meaning of the M7Continental Shelf Act 1964, and
c the sea in any area specified under section 10(8) of the M8Petroleum Act 1998.

SCHEDULES

SCHEDULE 1 

Particular purposes for which provision may be made under section 2

Section 2.

Part I  List of purposes

Preliminary

1
1 Establishing standards, objectives or requirements in relation to emissions within the meaning of the regulations.
2 Authorising the making of plans for—
a the setting of overall limits,
b the allocation of quotas, or
c the progressive improvement of standards or objectives,
relating to such emissions.
3 Authorising the making of schemes for the trading or other transfer of quotas so allocated.
2
1 Determining the authorities (whether public or local or the Secretary of State) by whom functions conferred by the regulations—
a in relation to permits under the regulations, or
b otherwise for or in connection with the prevention or control of environmental pollution,
are to be exercisable (in this Schedule referred to as “regulators”).
2 Specifying any purposes for which any such functions are to be exercisable by regulators.
3Enabling the Secretary of State to give directions which regulators are to comply with, or guidance which regulators are to have regard to, in exercising functions under the regulations, including—
a directions providing for any functions exercisable by one regulator to be instead exercisable by another;
b directions given for the purposes of the implementation of—
i any assimilated obligations, or
ii any obligations under an international agreement to which the United Kingdom is a party;
c directions relating to the exercise of any function in a particular case or class of case.

Permits

4
1 Prohibiting persons from operating any installation or plant of any specified description, or otherwise carrying on any activities of any specified description, except—
a under a permit in force under the regulations, and
b in accordance with any conditions to which the permit is subject.
2 In relation to England and Wales, imposing such a prohibition in relation to an activity except where the carrying on of the activity meets conditions determined by the regulators in accordance with the regulations.
5Specifying restrictions or other requirements in connection with the grant of permits (including provisions for restricting the grant of permits to those who are fit and proper persons within the meaning of the regulations); and otherwise regulating the procedure to be followed in connection with the grant of permits.
6
1 Prescribing the contents of permits.
2 Authorising permits to be granted subject to conditions imposed by regulators.
3 Securing that permits have effect subject to—
a conditions specified in the regulations; or
b rules of general application specified in or made under the regulations.
7
1 Requiring permits or the conditions to which permits are subject to be reviewed by regulators (whether periodically or in any specified circumstances).
2 Authorising or requiring the variation of permits or such conditions by regulators (whether on applications made by holders of permits or otherwise).
3 Regulating the making of changes—
a in the operation of the installations or plant to which permits relate, or
b in the case of permits for the carrying on of activities otherwise than in the course of operating any installation or plant, in the carrying on of the activities.
8
1 Regulating the transfer or surrender of permits.
2 Authorising the revocation of permits by regulators.
3 Authorising the imposition by regulators of requirements with respect to the taking of preventive or remedial action (by holders of permits or other persons) in connection with the surrender or revocation of permits.
9Authorising the Secretary of State to make schemes for the charging by regulators of fees or other charges in respect of, or in respect of an application for—
a the grant of a permit,
b the variation of a permit or the conditions to which it is subject, or
c the transfer or surrender of a permit,
or in respect of the subsistence of a permit.
9A
1 Authorising the Secretary of State to make schemes for the charging by regulators of charges, as respects functions in relation to offshore installations, corresponding to those that may be prescribed under section 41A of the Environment Act 1995.
2 Subsections (2) to (5) of section 41A of that Act apply in relation to the Secretary of State and a charging scheme made by virtue of this paragraph as they apply in relation to the Scottish Environment Protection Agency and a charging scheme made by that Agency under the 1995 Act.
3 In this paragraph “offshore installation” has” the same meaning as in the Greenhouse Gas Emissions Trading Scheme Regulations 2005.
10Authorising, or authorising a Minister of the Crown to make schemes for, the charging by Ministers of the Crown or public or local authorities of fees or other charges in respect of—
a the testing or analysis of substances,
b the validating of, or of the results of, any testing or analysis of substances, or
c assessing how the environment might be affected by the release into it of any substances,
in cases where the testing, analysis, validating or assessing is in any way in anticipation of, or otherwise in connection with, the making of applications for the grant of permits or is carried out in pursuance of conditions to which any permit is subject.

Information, publicity and consultation

11Enabling persons of any specified description (whether or not they are holders of permits) to be required—
a to compile information—
i on emissions within the meaning of the regulations;
ii on energy consumption and on the efficiency with which energy is used;
iii on waste within the meaning of the regulations and on the destinations of such waste;
b to provide such information in such manner as is specified in the regulations.
12Securing—
a that publicity is given to specified matters;
b that regulators maintain registers of specified matters (but excepting information which under the regulations is, or is determined to be, commercially confidential and subject to any other exceptions specified in the regulations) which are open to public inspection;
c that copies of entries in such registers, or of specified documents, may be obtained by members of the public.
13Requiring or authorising regulators to carry out consultation in connection with the exercise of any of their functions; and providing for them to take into account representations made to them on consultation.

Enforcement and offences

14
1 Conferring on regulators functions with respect to the monitoring and inspection of the carrying on of activities to which permits relate, including—
a power to take samples or to make copies of information;
b power to arrange for preventive or remedial action to be taken at the expense of holders of permits.
2 Authorising regulators to appoint suitable persons to exercise any such functions and conferring powers (such as those specified in section 108(4) of the M9Environment Act 1995) on persons so appointed.
15
1 Authorising regulators to serve on holders of permits—
a notices requiring them to take remedial action in respect of contraventions, actual or potential, of conditions to which their permits are subject;
b notices requiring them to provide such financial security as the regulators serving the notices consider appropriate pending the taking of remedial action in respect of any such contraventions;
c notices requiring them to take steps to remove imminent risks of serious environmental pollution (whether or not arising from any such contraventions).
2 Providing for the enforcement of such notices by proceedings in the High Court or any court of competent jurisdiction in Scotland.
16Authorising regulators to suspend the operation of permits so far as having effect to authorise the carrying on of activities to which they relate.
17The creation of offences and dealing with matters relating to such offences, including—
a the provision of defences; and
b evidentiary matters.
18Enabling, where a person has been convicted of an offence under the regulations—
a a court dealing with that person for the offence to order the taking of remedial action (in addition to or instead of imposing any punishment); or
b a regulator to arrange for such action to be taken at that person’s expense.

Appeals

19Conferring rights of appeal in respect of decisions made, notices served or other things done (or omitted to be done) under the regulations; and making provision for (or for the determination of) matters relating to the making, considering and determination of such appeals (including provision for or in connection with the holding of inquiries or hearings).

General

20
1 Making provision which, subject to any modifications that the Secretary of State considers appropriate, corresponds or is similar to—
a any provision made by or under, or capable of being made under, Part I or II of the M10Environmental Protection Act 1990 or made by any of sections 157, 158 and 160 of that Act; or
b any provision (not being provision within any of paragraphs 1 to 19 or paragraph (a) above) that might be made by an Act of Parliament in connection with the relevant directives, other than provision—
i imposing or increasing taxation;
ii taking effect from a date earlier than that of the making of the instrument containing the provision;
iii conferring any power to legislate by means of orders, rules, regulations or other subordinate instrument, other than rules of procedure for any court or tribunal.
2 In sub-paragraph (1) “the relevant directives” means—
F21a . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F21b . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F24C3c . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
d Council Directive 87/217/EEC on the prevention and reduction of environmental pollution by asbestos;
e Council Directive 91/271/EEC concerning urban waste water treatment;
f Council Directive 91/676/EEC concerning the protection of waters against pollution caused by nitrates from agricultural sources;
g European Parliament and Council Directive 94/62/EC on packaging and packaging waste;
h European Parliament and Council Directive 94/63/EC on the control of volatile organic compound (VOC) emissions resulting from the storage of petrol and its distribution from terminals to service stations;
i Council Directive 96/59/EC on the disposal of polychlorinated biphenyls and polychlorinated terphenyls (PCB/PCT);
j Council Directive 1999/31/EC on the landfill of waste;
k Directive 2000/14/EC of the European Parliament and of the Council on the approximation of the laws of the Member States relating to the noise emission in the environment by equipment for use outdoors;
l Directive 2000/53/EC of the European Parliament and of the Council on end-of life vehicles;
m Directive 2000/60/EC of the European Parliament and of the Council establishing a framework for Community action in the field of water policy;
n Directive 2002/49/EC of the European Parliament and of the Council relating to the assessment and management of environmental noise;
o Directive 2003/35/EC of the European Parliament and of the Council providing for public participation in respect of the drawing up of certain plans and programmes relating to the environment;
p Directive 2004/35/CE of the European Parliament and of the Council on environmental liability with regard to the prevention and remedying of environmental damage;
q Directive 2005/64/EC of the European Parliament and of the Council on the type-approval of motor vehicles with regard to their reusability, recyclability and recoverability;
r Directive 2006/7/EC of the European Parliament and of the Council concerning the management of bathing water quality;
s Directive 2006/21/EC of the European Parliament and of the Council on the management of waste from extractive industries;
t Directive 2006/66/EC of the European Parliament and of the Council on batteries and accumulators and waste batteries and accumulators;
u Directive 2006/118/EC of the European Parliament and of the Council on the protection of groundwater against pollution and deterioration;
v Directive 2008/50/EC of the European Parliament and of the Council on ambient air quality and cleaner air for Europe;
w Directive 2008/98/EC of the European Parliament and of the Council on waste;
x Directive 2008/105/EC of the European Parliament and of the Council on environmental quality standards in the field of water policy;
y Directive 2009/31/EC of the European Parliament and of the Council on the geological storage of carbon dioxide;
z Commission Directive 2009/90/EC laying down, pursuant to Directive 2000/60/EC of the European Parliament and of the Council, technical specifications for chemical analysis and monitoring of water status;
aa Directive 2009/126/EC of the European Parliament and of the Council on Stage II petrol vapour recovery during refuelling of motor vehicles at service stations;
bb Directive 2010/75/EU of the European Parliament and of the Council on industrial emissions (integrated pollution prevention and control) (Recast);
cc Directive 2012/19/EU of the European Parliament and of the Council on waste electrical and electronic equipment (WEEE) (recast);
dd Directive 2012/27/EU of the European Parliament and of the Council on energy efficiency;
ee Council Directive 2013/59/Euratom laying down basic safety standards for protection against the dangers arising from exposure to ionising radiation;
ff Commission Directive (EU) 2015/996 establishing common noise assessment methods according to Directive 2002/49/EC of the European Parliament and of the Council;
gg Directive 2015/2193/EU of the European Parliament and of the Council on the limitation of emissions of certain pollutants into the air from medium combustion plants;
hh Directive (EU) 2016/2284 of the European Parliament and of the Council on the reduction of national emissions of certain atmospheric pollutants; and
ii Directive (EU) 2019/904 of the European Parliament and of the Council on the reduction of the impact of certain plastic products on the environment.
2A In sub-paragraph (1)(b)(iii), the reference to provision conferring any power to legislate does not include provision—
a amending or extending a power to legislate conferred other than under this paragraph;
b giving directions as to matters of administration.
3 Making provision about the application of the regulations to the Crown.

Part II  Supplementary provisions

Particular types of pollution

21The regulations may provide for specified provisions of the regulations to have effect in relation only to such environmental pollution as is specified.

Emissions quota trading schemes: penalties

21A
1 The regulations may authorise the inclusion in a trading scheme of—
a provision for penalties in respect of contraventions of provisions of the scheme;
b provision for the amount of any penalty under the scheme to be such as may be set out in, or calculated in accordance with—
i the scheme, or
ii the regulations (including regulations made after the scheme).
2 In this paragraph “ trading scheme ” means a scheme of the kind mentioned in paragraph 1(3).

Determination of matters by regulators

22The regulations may make provision for anything which, by virtue of paragraphs 5 to 8, could be provided for by the regulations to be determined under the regulations by regulators.

Imposition of conditions

23In connection with the determination of conditions as mentioned in paragraph 6(3)(a) the regulations may in particular provide—
a for such conditions to be determined in the light of any specified general principles and any directions or guidance given under the regulations;
b for such guidance to include guidance sanctioning reliance by a regulator on any arrangements referred to in the guidance to operate to secure a particular result as an alternative to imposing a condition.

Charging schemes

24The regulations may—
a require any such scheme as is mentioned in paragraph 9, 9A or 10 to be so framed that the fees and charges payable under the scheme are sufficient, taking one year with another, to cover such expenditure (whether or not incurred by the regulator or other person to whom they are so payable) as is specified;
b authorise any such scheme to make different provision for different cases (and specify particular kinds of such cases).

Offences

25
1 The regulations may provide for any such offence as is mentioned in paragraph 17 to be triable—
a only summarily; or
b either summarily or on indictment.
2 The regulations may provide for such an offence to be punishable—
a on summary conviction by—
i imprisonment for a term not exceeding such period as is specified (which may not exceed six months12 months the general limit in a magistrates’ court), or
ii a fine not exceeding such amount as is specified (which may not exceed £20,000£50,000£40,000),a fine, the amount of which may be limited by the regulations,
or both; or
b on conviction on indictment by—
i imprisonment for a term not exceeding such period as is specified (which may not exceed five years), or
ii a fine,
or both.

Interpretation

26In this Schedule—
  • “functions” includes powers and duties;
  • “the regulations” means regulations under section 2;
  • “specified” means specified in regulations under that section.

SCHEDULE 2 

Consequential and minor amendments

Section 6.

Prevention of Oil Pollution Act 1971 (c.60)

I21In section 11A(1) of the Prevention of Oil Pollution Act 1971 (provisions of Act not to apply to escapes etc. authorised by Part I of the Environmental Protection Act 1990)—
a for “(2A), 3(1) and 11(1)” substitute “ 3(1) ”; and
b at the end insert “ or a permit granted under regulations under section 2 of the Pollution Prevention and Control Act 1999. ”

Public Health (Control of Disease) Act 1984 (c.22)

I32In section 7(4) of the Public Health (Control of Disease) Act 1984 (enactments conferring functions assignable to the London port health authority), after paragraph (m) insert—

Environmental Protection Act 1990 (c.43)

I43The Environmental Protection Act 1990 has effect subject to the following amendments.
I54In section 8(7) (expenditure to be covered by charging schemes under the section is that of local enforcing authorities in exercising their functions under Part I of the Act), at the end insert “ together with the expenditure incurred by the Environment Agency in exercising, in relation to authorisations granted by local enforcing authorities or the prescribed processes to which such authorisations relate, such of its functions as are specified in the scheme. ”
F325. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I66In section 79(10) (restrictions on taking proceedings for statutory nuisance where proceedings possible under Part I of the Act), after “Part I” insert “ or under regulations under section 2 of the Pollution Prevention and Control Act 1999. ”

Water Industry Act 1991 (c.56)

I77In paragraph (a) of each of subsections (3) and (4) of section 206 of the Water Industry Act 1991 (exceptions from restrictions on disclosure of information), for “or the M11Environment Act 1995” substitute “ , the Environment Act 1995 or regulations under section 2 of the Pollution Prevention and Control Act 1999 ”.

Water Resources Act 1991 (c.57)

I88In paragraph (a) of each of subsections (2) and (3) of section 204 of the Water Resources Act 1991 (exceptions from restrictions on disclosure of information), for “or the 1995 Act” substitute “ , the 1995 Act or regulations under section 2 of the Pollution Prevention and Control Act 1999 ”.

Clean Air Act 1993 (c.11)

I99The Clean Air Act 1993 has effect subject to the following amendments.
I1010In section 33(1) (cable burning), after “a process subject to Part I of the Environmental Protection Act 1990” insert “ or an activity subject to regulations under section 2 of the Pollution Prevention and Control Act 1999 ”.
I1111In section 35(3) (limit on investigations into emissions from certain processes), after “any process subject to Part I of the Environmental Protection Act 1990” insert “ or activity subject to regulations under section 2 of the Pollution Prevention and Control Act 1999 ”.

Railways Act 1993 (c.43)

I1212In section 4(9) of the Railways Act 1993 (interpretation), for the definition of “environment” substitute—
.

Merchant Shipping Act 1995 (c.21)

I13I2113After section 136 of the Merchant Shipping Act 1995 (oil pollution) insert—

Environment Act 1995 (c.25)

I1414The Environment Act 1995 has effect subject to the following amendments.
I15I2215In section 5(5) (pollution control powers and functions), after paragraph (h) insert—
.
I1616In section 33(5) (pollution control powers and functions in Scotland), before the word “and” at the end of paragraph (g) insert—
.
I1717In section 56(1) (interpretation of Part I), for the definition of “the environment” substitute—
.
I1818
1 Section 113(5) (disclosure of information: interpretation) is amended as follows.
2 For the definition of “the environment” substitute—
.
3 In the definition of “local enforcing authority”, at the end of paragraph (b) insert “ or ”.

Finance Act 1996 (c.8)

F8I1919In section 66 of the Finance Act 1996 (landfill tax: definition of landfill site), after paragraph (b) insert—
.

Government of Wales Act 1998 (c.38)

F620. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

E1I25I26 SCHEDULE 3 

Repeals

ChapterShort titleExtent of repeal
1971 c. 60.Prevention of Oil Pollution Act 1971.In section 11A(1), the words “an authorisation granted under Part I of the Environmental Protection Act 1990 or”.
1984 c. 22.Public Health (Control of Disease) Act 1984.Section 7(4)(l).
1990 c. 43.Environmental Protection Act 1990.

Sections 1 to 28.

F14...
Schedule 1.
1991 c. 56.Water Industry Act 1991.

Section 138(2) to (4).

In section 206(3)(a), “I or”.
In section 206(4)(a), “I or”.
1991 c. 57.Water Resources Act 1991.

Section 88(1)(b).

In section 204(2)(a), “I or”.
In section 204(3)(a), “I or”.
1991 c. 60.Water Consolidation (Consequential Provisions) Act 1991.In Schedule 1, paragraph 56.
1993 c. 11.Clean Air Act 1993.

In section 33(1), the words “a process subject to Part I of the Environmental Protection Act 1990 or”.

In section 35(3), the words “process subject to Part I of the Environmental Protection Act 1990 or”.
Section 36(3).
Section 41.
1993 c. 12.Radioactive Substances Act 1993.In Schedule 4, paragraph 6.
1994 c. 19.Local Government (Wales) Act 1994.In Schedule 9, paragraph 17(1).
1995 c. 21.Merchant Shipping Act 1995.In section 136A, the words “an authorisation granted under Part I of the Environmental Protection Act 1990 or”.
1995 c. 25.Environment Act 1995.

In section 5(5)(e), “I,”.

In section 33(5)(e), “I,”.
In section 56(1), paragraph (b) of the definition of “environmental licence” in relation to the Environment Agency and paragraph (c) of the definition of “environmental licence” in relation to the Scottish Environment Protection Agency.
In section 108(15)—
paragraph (a) of the definition of “local enforcing authority”,
in paragraph (g) of the definition of “pollution control functions” in relation to the Environment Agency or the Scottish Environment Protection Agency, “I,”, and
in paragraph (a) of the definition of “pollution control functions” in relation to a local enforcing authority, “I or”.
Section 111(6).
In section 113(5), in the definition of “local enforcing authority”, paragraph (d) and the “or” preceding it.
In section 114(2)(a)(iii), “15, 22(5),”.
In Schedule 20, in paragraph 4(3)(b), “22(5),”.
In Schedule 22, paragraphs 45 to 61.
1996 c. 8.Finance Act 1996.Section 43A(4)(b) to (d).
1998 c. 38.Government of Wales Act 1998.In Schedule 3, paragraph 6(3)(a).

Footnotes

  1. M1
    1995 c. 21
  2. M2
    1998 c. 17.
  3. M3
    1998 c. 38.
  4. M4
    1998 c. 46.
  5. I1
    S. 6 partly in force; s. 6 not in force at Royal Assent see s. 7(3); s. 6(1) in force (E.W.) (21.3.2000) by S.I. 2000/800, art. 2; s. 6(1) in force (S.) for certain purposes at 29.9.2000 by S.S.I. 2000/322, art. 2(a)
  6. M5
    1978 c. 30.
  7. P1
    S. 7(2) power partly exercised (20.3.2000): 21.3.2000 appointed for specified provisions by S.I. 2000/800, art. 2
    S. 7(2) power partly exercised (14.9.2000) : 29.9.2000 appointed for specified provisions by S.I. 2000/322, art. 2
    S. 7(2) power partly exercised (14.9.2000): 29.9.2000 appointed for specified provisions by S.S.I. 2000/322, art. 2
  8. M6
    1990 c. 43.
  9. M7
    1964 c. 29.
  10. M8
    1998 c. 17.
  11. M9
    1995 c. 25.
  12. M10
    1990 c. 43.
  13. I2
    Sch. 2 para. 1 wholly in force; Sch. 2 para. 1 not in force at Royal Assent see s. 7(3); Sch. 2 para. 1 in force (E.W.) at 21.3.2000 by S.I. 2000/800, art. 2; Sch. 2 para. 1 in force (S.) at 29.9.2000 by S.S.I. 2000/322, art. 2(b)
  14. I3
    Sch. 2 para. 2 partly in force; Sch. 2 para. 2 not in force at Royal Assent see s. 7(3); Sch. 2 para. 2 in force (E.W.) at 21.3.2000 by S.I. 2000/800, art. 2
  15. I4
    Sch. 2 para. 3 wholly in force; Sch. 2 para. 3 not in force at Royal Assent see s. 7(3); Sch. 2 para. 3 in force (E.W.) at 21.3.2000 by S.I. 2000/800, art. 2; Sch. 2 para. 3 in force (S.) at 29.9.2000 by S.S.I. 2000/322, art. 2(b)
  16. I5
    Sch. 2 para. 4 partly in force; Sch. 2 para. 4 not in force at Royal Assent see s. 7(3); Sch. 2 para. 4 in force (E.W.) at 21.3.2000 by S.I. 2000/800, art. 2
  17. I6
    Sch. 2 para. 6 wholly in force; Sch. 2 para. 6 not in force at Royal Assent see s. 7(3); Sch. 2 para. 6 in force (E.W.) at 21.3.2000 by S.I. 2000/800, art. 2; Sch. 2 para. 6 in force (S.) at 29.9.2000 by S.S.I. 2000/322, art. 2(b)
  18. I7
    Sch. 2 para. 7 partly in force; Sch. 2 para. 7 not in force at Royal Assent see s. 7(3); Sch. 2 para. 7 in force (E.W.) at 21.3.2000 by S.I. 2000/800, art. 2
  19. M11
    1995 c. 25.
  20. I8
    Sch. 2 para. 8 partly in force; Sch. 2 para. 8 not in force at Royal Assent see s. 7(3); Sch. 2 para. 8 in force (E.W.) at 21.3.2000 by S.I. 2000/800, art. 2
  21. I9
    Sch. 2 para. 9 wholly in force; Sch. 2 para. 9 not in force at Royal Assent see s. 7(3); Sch. 2 para. 9 in force (E.W.) at 21.3.2000 by S.I. 2000/800, art. 2; Sch. 2 para. 9 in force (S.) at 29.9.2000 by S.S.I. 2000/322, art. 2(b)
  22. I10
    Sch. 2 para. 10 wholly in force; Sch. 2 para. 10 not in force at Royal Assent see s. 7(3); Sch. 2 para. 10 in force (E.W.) at 21.3.2000 by S.I. 2000/800, art. 2; Sch. 2 para. 10 in force (S.) at 29.9.2000 by S.S.I. 2000/322, art. 2(b)
  23. I11
    Sch. 2 para. 11 wholly in force; Sch. 2 para. 11 not in force at Royal Assent see s. 7(3); Sch. 2 para. 11 in force (E.W.) at 21.3.2000 by S.I. 2000/800, art. 2; Sch. 2 para. 11 in force (S.) at 29.9.2000 by S.S.I. 2000/322, art. 2(b)
  24. I12
    Sch. 2 para. 12 wholly in force; Sch. 2 para. 12 not in force at Royal Assent see s. 7(3); Sch. 2 para. 12 in force (E.W.) at 21.3.2000 by S.I. 2000/800, art. 2; Sch. 2 para. 12 in force (S.) at 29.9.2000 by S.S.I. 2000/322, art. 2(b)
  25. I13
    Sch. 2 para. 13 partly in force; Sch. 2 para. 13 not in force at Royal Assent see s. 7(3); Sch. 2 para. 13 in force (E.W.) at 21.3.2000 by S.I. 2000/800, art. 2
  26. M12
    1990 c. 43.
  27. I14
    Sch. 2 para. 14 wholly in force; Sch. 2 para. 14 not in force at Royal Assent see s. 7(3); Sch. 2 para. 14 in force (E.W.) at 21.3.2000 by S.I. 2000/800, art. 2; Sch. 2 para. 14 in force (S.) at 29.9.2000 by S.S.I. 2000/322, art. 2(b)
  28. I15
    Sch. 2 para. 15 partly in force; Sch. 2 para. 15 not in force at Royal Assent see s. 7(3); Sch. 2 para. 15 in force (E.W.) at 21.3.2000 by S.I. 2000/800, art. 2
  29. I16
    Sch. 2 para. 16 wholly in force; Sch. 2 para. 16 not in force at Royal Assent see s. 7(3); Sch. 2 para. 16 in force (E.W.) at 21.3.2000 by S.I. 2000/800, art. 2; Sch. 2 para. 16 in force (S.) at 29.9.2000 by S.S.I. 2000/322, art. 2(b)
  30. I17
    Sch. 2 para. 17 wholly in force; Sch. 2 para. 17 not in force at Royal Assent see s. 7(3); Sch. 2 para. 17 in force (E.W.) at 21.3.2000 by S.I. 2000/800, art. 2; Sch. 2 para. 17 in force (S.) at 29.9.2000 by S.S.I. 2000/322, art. 2(b)
  31. I18
    Sch. 2 para. 18 wholly in force; Sch. 2 para. 18 not in force at Royal Assent see s. 7(3); Sch. 2 para. 18 in force (E.W.) at 21.3.2000 by S.I. 2000/800, art. 2; Sch. 2 para. 18 in force (S.) at 29.9.2000 by S.S.I. 2000/322, art. 2(b)
  32. I19
    Sch. 2 para. 19 partly in force; Sch. 2 para. 19 not in force at Royal Assent see s. 7(3); Sch. 2 para. 19 in force (E.W.) at 21.3.2000 by S.I. 2000/800, art. 2
  33. E1
    For extent of repeals see s. 7(7).
  34. F1
    Sch. 1 para. 21A and preceding cross-heading inserted (13.11.2003) by Waste and Emissions Trading Act 2003 (c. 33), ss. 38, 40
  35. F2
    Sch. 1 para. 9A inserted (21.4.2005) by The Greenhouse Gas Emissions Trading Scheme Regulations 2005 (S.I. 2005/925), art. 1, Sch. 6 para. 2(2)(a) (with reg. 3)
  36. F3
    Word in Sch. 1 para. 24 inserted (21.4.2005) by The Greenhouse Gas Emissions Trading Scheme Regulations 2005 (S.I. 2005/925), art. 1, Sch. 6 para. 2(2)(b) (with reg. 3)
  37. F4
    Words in Sch. 1 para. 25(2)(a)(i) substituted (E.W.) (7.6.2005) by Clean Neighbourhoods and Environment Act 2005 (c. 16), ss. 105(1)(a), 108(4) (with s. 105(2))
  38. F5
    Word in Sch. 1 para. 25(2)(a)(ii) substituted (E.W.) (7.6.2005) by Clean Neighbourhoods and Environment Act 2005 (c. 16), ss. 105(1)(b), 108(4) (with s. 105(2))
  39. C1
    S. 2: transfer of functions (1.1.2006) by National Assembly for Wales (Transfer of Functions) Order 2005 (S.I. 2005/1958), arts. 1(1), 3
  40. F6
    Sch. 2 para. 20 repealed by Government of Wales Act 2006 (c. 32), s. 163, Sch. 12 (with Sch. 11 para. 22) the amending provision coming into force immediately after "the 2007 election" (held on 3.5.2007) subject to s. 161(1)(4)(5) of the amending Act, which provides for certain provisions to come into force for specified purposes immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007) - see ss. 46, 161(4)(5) of the amending Act.
  41. C2
    S. 2: transfer of functions (10.7.2008) by Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) Order 2008 (S.I. 2008/1776), arts. 1(1), 2, Sch.
  42. C3
    Sch. 1 para. 20(2)(c): transfer of functions (10.7.2008) by Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) Order 2008 (S.I. 2008/1776), arts. 1(1), 2, Sch.
  43. F7
    S. 6(1) amended (17.7.2012) by Finance Act 2012 (c. 14), s. 206(b)
  44. F8
    Sch. 2 para. 19 amended (17.7.2012) by Finance Act 2012 (c. 14), s. 206(a)
  45. F9
    Sch. 1 para. 9A(1) substituted (3.12.2012) by The Greenhouse Gas Emissions Trading Scheme (Amendment) (Charging Schemes) Regulations 2012 (S.I. 2012/2788), regs. 1, 16(a)
  46. F10
    Words in Sch. 1 para. 9A(3) substituted (3.12.2012) by The Greenhouse Gas Emissions Trading Scheme (Amendment) (Charging Schemes) Regulations 2012 (S.I. 2012/2788), regs. 1, 16(b)
  47. F11
    Words in s. 2(4)(a) omitted (1.4.2013) by virtue of The Natural Resources Body for Wales (Functions) Order 2013 (No. 755), art. 1(2), Sch. 2 para. 395(2) (with Sch. 7)
  48. F12
    S. 2(4)(aa) inserted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (No. 755), art. 1(2), Sch. 2 para. 395(3) (with Sch. 7)
  49. F13
    Words in s. 3(4)(a) inserted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (No. 755), art. 1(2), Sch. 2 para. 396 (with Sch. 7)
  50. F14
    Words in Sch. 3 repealed (30.6.2014) by Regulatory Reform (Scotland) Act 2014 (asp 3), s. 61(2), Sch. 3 para. 36; S.S.I. 2014/160, art. 2(1)(2), Sch.
  51. F15
    Words in s. 1(b) repealed (S.) (30.6.2014) by Regulatory Reform (Scotland) Act 2014 (asp 3), s. 61(2), Sch. 3 para. 7(b); S.S.I. 2014/160, art. 2(1)(2), Sch.
  52. F16
    S. 2(10) inserted (14.7.2014) by Water Act 2014 (c. 21), ss. 62(13), 94(2)(n)
  53. F17
    Word in Sch. 1 para. 25(2)(a)(ii) substituted (S.) (28.10.2004) by Antisocial Behaviour etc. (Scotland) Act 2004 (asp 8), s. 145(2), Sch. 2 para. 5; S.S.I. 2004/420, art. 3, Sch. 1
  54. F18
    Sch. 1 para. 25(2)(a)(ii) substituted (E.W.) (12.3.2015) by The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Fines on Summary Conviction) Regulations 2015 (S.I. 2015/664), reg. 1(1), Sch. 4 para. 90 (with reg. 5(2))
  55. I20
    S. 6(1) in force at 1.4.2015 for specified purposes for S. by S.S.I. 2015/74, art. 2(1)
  56. I21
    Sch. 2 para. 13 in force at 1.4.2015 for S. by S.S.I. 2015/74, art. 2(1)
  57. I22
    Sch. 2 para. 15 in force at 1.4.2015 for S. by S.S.I. 2015/74, art. 2(1)
  58. I23
    S. 6(2) in force at 1.4.2015 for specified purposes for S. by S.S.I. 2015/74, art. 2(2)
  59. I24
    S. 6(2) in force at 1.4.2015 for specified purposes by S.S.I. 2015/139, art. 3
  60. I25
    Sch. 3 in force at 1.4.2015 for specified purposes for S. by S.S.I. 2015/74, art. 2(2) (as amended (31.3.2015) by S.S.I. 2015/139, arts. 1(2), 2)
  61. I26
    Sch. 3 in force at 1.4.2015 for specified purposes by S.S.I. 2015/139, art. 3
  62. C4
    S. 2 functions made exercisable concurrently or jointly with the Welsh Ministers by 2006 c. 32, Sch. 3A para. 1 (as inserted (1.4.2018) by Wales Act 2017 (c. 4), s. 71(4), Sch. 4 para. 1 (with Sch. 7 paras. 1, 6); S.I. 2017/1179, reg. 3(p))
  63. C5
    S. 2 functions transferred (24.5.2018) by The Welsh Ministers (Transfer of Functions) Order 2018 (S.I. 2018/644), arts. 1(1), 36(1) (with art. 36(2))
  64. F19
    S. 1(1)(a) substituted (17.9.2018) by The Environment, Food and Rural Affairs (Miscellaneous Amendments and Revocations) Regulations 2018 (S.I. 2018/942), regs. 1(2), 4(2)(a)
  65. F20
    Words in s. 1(3)(e) substituted (17.9.2018) by The Environment, Food and Rural Affairs (Miscellaneous Amendments and Revocations) Regulations 2018 (S.I. 2018/942), regs. 1(2), 4(2)(b)
  66. F21
    Sch. 1 para. 20(2)(a)(b) omitted (17.9.2018) by virtue of The Environment, Food and Rural Affairs (Miscellaneous Amendments and Revocations) Regulations 2018 (S.I. 2018/942), regs. 1(2), 4(3)(a)
  67. F22
    Sch. 1 para. 3(b) substituted (31.12.2020) by The Environment (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/458), regs. 1(1), 4(2); 2020 c. 1, Sch. 5 para. 1(1)
  68. F23
    Sch. 1 para. 20(2A) inserted (31.12.2020) by The Environment (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/458), regs. 1(1), 4(3)(c); 2020 c. 1, Sch. 5 para. 1(1)
  69. F24
    Sch. 1 para. 20(2)(c) omitted (31.12.2020) by virtue of The Environment (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/458), regs. 1(1), 4(3)(b)(i); 2020 c. 1, Sch. 5 para. 1(1)
  70. F25
    Sch. 1 para. 20(1)(b) substituted (31.12.2020) by The Environment (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/458), regs. 1(1), 4(3)(a); 2020 c. 1, Sch. 5 para. 1(1)
  71. F26
    Sch. 1 para. 20(2)(d)-(ii) inserted by S.I. 2019/458, reg. 4(3)(b)(iii) (as inserted (31.12.2020) by The Environment (Amendment etc.) (EU Exit) (Amendment) (England and Wales) Regulations 2020 (S.I. 2020/603), regs. 1, 2(3)(b))
  72. F27
    Sch. 1 para. 4 renumbered as Sch. 1 para. 4(1) (9.1.2022) by Environment Act 2021 (c. 30), ss. 70(a), 147(2)(i) (with s. 144)
  73. F28
    Sch. 1 para. 4(2) inserted (9.1.2022) by Environment Act 2021 (c. 30), ss. 70(b), 147(2)(i) (with s. 144)
  74. F29
    Words in Sch. 1 para. 25(2)(a)(i) substituted (E.W.) (7.2.2023 at 12.00 p.m.) by The Judicial Review and Courts Act 2022 (Magistrates’ Court Sentencing Powers) Regulations 2023 (S.I. 2023/149), regs. 1(2), 2(1), Sch. Pt. 1 table
  75. F30
    Word in Sch. 1 para. 3(b) substituted (1.1.2024) by The Retained EU Law (Revocation and Reform) Act 2023 (Consequential Amendment) Regulations 2023 (S.I. 2023/1424), reg. 1(2), Sch. para. 42
  76. F31
    S. 4 repealed (E.W.) (6.4.2008) by The Environmental Permitting (England and Wales) Regulations 2007 (S.I. 2007/3538), reg. 1(1)(b), Sch. 21 para. 26, Sch. 23 (with reg. 72, Sch. 4); and (S.) (1.11.2025) by The Environmental Authorisations (Scotland) Amendment Regulations 2025 (S.S.I. 2025/165), reg. 1(2), sch. 21 para. 1 (with sch. 23)
  77. F32
    Sch. 2 para. 5 repealed (E.W.) (6.4.2008) by The Environmental Permitting (England and Wales) Regulations 2007 (S.I. 2007/3538), reg. 1(1)(b), Sch. 23 (with reg. 72, Sch. 4); and (S.) (1.11.2025) by The Environmental Authorisations (Scotland) Amendment Regulations 2025 (S.S.I. 2025/165), reg. 1(2), sch. 21 para. 1 (with sch. 23)