Environmental Protection Act 1990 (C. 43)

Amended by:

Local Government Act 2003 (C. 26)
Household Waste Recycling Act 2003 (C. 29)
Anti-social Behaviour Act 2003 (C. 38)
Clean Neighbourhoods and Environment Act 2005 (c.16)
Natural Environment and Rural Communities Act 2006 (Committee.16)

To make provision for the control of pollution; to control waste on land; to provide for statutory nuances; to control offensive trades or businesses; to control litter; to control abandoned shopping trolleys; to control genetically modified organisms; to control the importation and storage of substances and articles, to obtain information about hazardous substances; to control dumping of waste at sea; preventing oil pollution from ships, to control dogs and burning crop residues.

Functions exercisable solely by WAG or the National Assembly for Wales.

The following Ministerial functions under this Act are exercisable solely by the Welsh Ministers in relation to Wales namely:

Part I: Pollution Control and Air Pollution Control:

Section 2: Power to prescribe by regulations any description of processes and any descriptions of substances.
Section 3(1): Power to make regulation establishing standards, objects or requirements in relation to particular prescribed procedure or particular substances.
Section 3(5): Power to make plans for limiting and controlling the total amount of any substances which may be released in the environment; for establishing quotas regarding these substances.
Section 4(4): Power to transfer the functions exercisable by the local authority to the chief inspector.
Section 6(5): Power to give the enforcing authority directions as to whether or not the authority should grant the authorisation.
Section 6(7): Power to make regulation to substitute for the period for the time being specified for the carrying out of a review of the conditions of the authorisation.
Section 7(2): Power to prescribe limit or requirement and achievement of any quality standards or quality objectives.
Section 7(3): Power to give directions to the enforcing authority as to the condition which are, or are not to be included in all authorisations.
Section 8(2): Power to prescribe fees and charges payable for authorisation.
Section 10(6): Power to direct the enforcing authority
Section 12(6): Power to give directions to the enforcing authority as to whether the authority should revoke the authorisation.
Section 13(3): Power to give directions to the enforcing authority shall produce an enforcement notice to someone who is contravening a prescribed process.
Section 14(4): Power to give directions to the enforcing authority to serve a prohibition notice.
Section 15(3): Power to know of the appeals as respects authorisations and against variation, enforcement and prohibition notices.
Section 15(3) (a), (b): Power to refer a matter involve in an appeal or an appeal to a person appointed by the secretary of state
Section 15(10): Power to make provisions by regulations as to the period and the manner in which the appeal is to be considered.
Section 16(1): Power to appoint inspectors and chief inspectors.
Section 16(2): Power to determine the payments of the inspectors.
Section 17(4): Power to make provision by regulation as to the procedure to be followed by the inspector.
Section 19(1): Power to require an authorisation to furnish information about the discharge of its function as an enforcing authority.
Section 20(1): Power to make regulations regarding the public registers of information.
Section 20(6): Power to give directions to enforcing authorities to remove from the register any specified information.
Section 22(7): Power to give directions to the authorities as to what information should be included in the registers in the public interest.
Section 23(5): Power to delegate to an inspector the prosecution before a magistrate�s court proceedings for an offence.

Part II: Waste on Land:

Section 29(7): Power to prescribe by regulation activities as activities which constitute the treatment of waste for the purposes of part II.
Section 29(10): Power to make regulation to prescribe the description of plant which are to be treated as being or not mobile plant.
Section 30(8): Power to give directions to authorities as to the arrangements to which it is to make for the purpose of keeping its functions.
Section 31(1): Power to create regional authorities for the purposes of waste regulations.
Section 31(4): Power to make order to confer or impose on regional authority function, to withdraw functions, or to dissolve.
Section 32(2): Repealed by Clean Neighbourhoods and Environment Act 2005.
Section 34(5): Power to make provision by regulations imposing requirements on any person to take all measures applicable if this person imports, carries, keeps, treats, disposes of controlled waste.
Section 34(7): Power to prepare and issue a code of practice to issue the concerned persons guidance to respect the requirements imposed to import, carry, keep, treat, dispose of controlled waste.
Section 34(8): Power to revise the code of practice.
section 34A: Power to make regulations to substitute amount of Fixed penalty for certain offences under section 34. Powers relating to form and contents of notices.
section 34C: Power to make regulations relating to the seizure of vehicles suspected of carrying illegal waste.
Section 35(6): Power to make provision by regulation as to the condition which are, or are not, to be included in a licence.
Section 36(1)(b): Power to prescribe the form of the application for a licence.
Section 37(3): Power to give directions to the authority as to the modifications which are to be made in the condition of the licence.
Section 39(3): Power to prescribe by regulations the form, the information and the evidence necessary to surrender a licence.
Section 40(3): Power to prescribe by regulation the form of the application for a transfer of licence to an other person.
Section 41(2): Power to make a scheme prescribing fees and charges payable for licences.
Section 42(8): Power to give to the authority directions as to how to exercise its power regarding the supervision of licensed activities.
Section 43(1): Power to know of the appeal from decisions with respect to licenses.
Section 43(2)(a), (b): Power to refer any matter involved in the appeal, or to direct the appeal to a person appointed by him.
Section 43(8): Power to determine the period and the manner to which the appeal is to be brought.
Section 45(3): Power to prescribe by regulations charges for the collection of household waste.
section 45B: Power to make an order to provide that section 45A (arrangements for separate collection of recyclable waste) apply to allocate collection authorities whose areas are in Wales.
sections 47ZA and 47ZB: Power to prescribe by regulations the form and change the amount of Fixed penalty notices for certain offences under section 34.
Section 49(4): Power to give directions to the authority for securing compliance with waste recycling plans.
Section 49(7): Power to give directions to any waste collection authority as to the time by which the authority is to perform any duty relating to the waste recycling.
Section 50(3): Power to make provision by regulations for modifying the waste disposal plans.
Section 50(11): Power to give to any waste regulation directions relating to waste disposal plans of waste regulations authorities.
Section 52(5): Power to make regulation to impose on waste disposal authority a duty to make payment for recycling a disposal of waste.
Section 57: Power to require waste to be accepted, treated, disposed of or delivered.
Section 59A: Power to issue directions in relation to the exercise of powers under section 59.
Section 61: Power to issue guidance to waste regulation authorities regarding the discharge of their functions.
Section 62(1): Power to make regulation for the treatment, keeping or disposal of waste considered by the Secretary of State as danger or intractable.
Section 63: Power to make regulation for waste on land on certain area.
Section 66(7): Power to give to the authority maintaining registers direction as to specified information, or description of information such as required by the public interest.
Section 68(1): Power to keep under review the discharge by waste regulation authority of their functions.
Section 68(2): Power to appoint inspectors.
Section 69(4): Power to make provision by regulation as to the procedure to be followed in connection with the taking of, and the dealing with, of samples of artificial or substances found on any premises.
Section 71(4): Power to require a waste regulation authority or waste collection authority to supply information in relation to the categories and quantities of waste that they have dealt with whether under section 59 or under any other enactment in respect of any unlawful deposit or disposal of waste in contravention of section 33 of the 1990 Act.
Section 72(4): Power to declare an authority to be in fault.
Section 72(7): Power to make order to vary or revoke any order previously made by him.
Section 74(6): Power to prescribe by regulation the offences that will make someone be treated as not being a fit and prosper person.
Section 78A: Powers for the Secretary of State to issue guidance on the amended definition and alters the position of "ground waters" in relation to the term "pollution of controlled waters".

Part IIA:

sections 28A- 28Y

Power to make Regulations in respect of:

designation of special sites of contaminated land;

forms and contents of notices requiring the remediation of contaminated land;

specification of period of notice for bringing;

statutory nuisance proceedings.

Part III Statutory nuisances: England and Wales

section 79: Power to amend definition of "relevant industrial, trade or business premises".
section 80: Power to amend definition of "relevant sport".
Section 82(7)(b): Power to make order to provide that the notice of the bringing of proceedings in respect of statutory nuisance, shall have effect as if such period were the minimum period of statutory nuisance were the minimum period of notice applicable to any description of statutory nuisance specified in the order.
Section 84(4): Power to repeal by order section 107 and 108 of the Public Health Act 1936.

Part IV: Litter Etc.:

Section 86(2): Power to designate by order other description of local authorities.
Section 86(6): Power to designate by order to which land the public are entitled or permitted to have access with or without payment.
Section 86(8): Power to designate, by order, description of land which are not to be treated as relevant Crown land or as relevant land of principal litter authorities.
Section 86(11): Power to transfer by order the responsibility for the discharge of the duties to keep land and highways clear of litter.
Section 88(5): Power to prescribe the form of the fixed penalty notices for leaving litter.
Section 88(7): Power to make order to substitute a different amount for the amount for the time being specified as the amount of fixed penalty.
section 88(11): Power by regulations to prescribe conditions to be satisfied by a person before a parish or community council may authorise him in writing for the purpose of giving fixed penalty notices for litter offences.
Section 89(7): Power to prepare and issue a code of practice for the purpose of providing practical guidance on the discharge of the duties to keep land and highways clear of litter.
Section 89(9): Power to issue modification or withdraw a code of practice for he purpose of providing practical guidance on the discharge of keeping land and highways clear of litter.

Revoked by Clean Neighbourhoods and Environment Act 2005.

section 92(12): Power by order to specify an extension of litter authorities powers to take remedial action.
section 92A: Power to issue guidance relating to litter clearing notices. Power to prescribe by order form and content of notice.
Section 94(1): Power to prescribe by order the description of commercial or retail premises in respect of which a street litter control notice may be issued, the descriptions of land which may be included in a specified area, the maximum area of land which may be included in a specified area.
Section 96(2): Power to make regulation to modify section 89 or to modify Part I of the Local Government Act 1988.
section 97A: Power by regulations to make provision in connection with the powers conferred under- (a) section 88(6A)(a) and (7) above; (b) section 94A(4)(a) and (5) above; (c) paragraph 7(4)(a) and (5) of Schedule 3A. Power by order substitute a different amount for the amount for the time being specified in section 88(6A)(b), 94A(4)(b) or paragraph 7(4)(b) of Schedule 3A.

Part VI Genetically Modified Organisms

Section 107(8): Power to provide by regulation the capacity of the organisms for causing harm.
Section 108(8): Power to give directions to a person who wants to import or acquire, release or market any genetically modified organisms or to person who is keeping genetically modified organisms.
Section 110 (1): Power to serve a prohibition on any person that the State has reason to believe is proposing to import or to acquire or to keep genetically modified organism.
Section 110(5): Power to withdraw at any time a prohibition notice.
Section 111(6): Power to require by notice the application to furnish further information specified in the in the notice, within such period as may be so specified, as he may require for the purpose of determining the application; power to refuse to proceed with the application.
Section 111(10): Power to revoke or vary the consent given to the holder.
Section 112(1): Power to include limitation and condition in a consent of acquiring or keeping genetically modified organism.
Section 113(1): Power to make and to revise a fees and charges payable with regards of the application for consents of detention of genetically modified organism.
Section 114(1): Power to appoint inspectors.
Section 115(4): Power to make provision by regulation regarding the procedure to be followed in connection with the taking of and the dealing with, wimples of organisms, articles or substances found in or on any premises.
Section 116(1): Power to require relevant information from a person who seems to be involved in the importation, acquisition, keeping, release or marketing of genetically modified organisms or, to be about to become, or to have been, involved in any of those activities
Section 121(1): Power to remedy harm.
Section 122: Power to make a public register of information.
Section 124(1): Power to appoint a committee to provide the Secretary of State advice on Part VI.
Section 125(1): Power to delegate enforcement functions.

Part VII Nature Conservation in Great Britain and Countryside Matters in Wales

Section 128: Power to appoint members of the Countryside Council for Wales and decide on the number of members.
Section 129: Power to make to the Countryside Council for Wales grants of such amounts as it thinks fit and to impose conditions.
Section 130: Power to discharge the countryside Council for Wales of their function.
Section 131(4): Power to give directions to the Countryside Council for Wales with regards to the discharge of their nature conservation functions.
Section 134(1): Power to give a general authority to the Councils to give final assistance by way of grant or loan to any person in respect of expenditure incurred or to be incurred.

Part VIII Miscellaneous

Section 142(1): Power to make provision by regulation to obtain relevant information relating to substances potentially polluting the environment or harm to human health.
Section 143(1): Power to make regulation relating to public registers of land which may be contaminated.
Section 150(6): Power to prescribe by regulation the procedure to be followed for the delivery of stray dogs to police or local authorities officer.
Section 155: Power to determine the remuneration of chairman of Inland Waterways Amenity Advisory Council.

Part IX General

Section 162(4): Power to repeal or amend by order ay provision of any local Act passed before this Act.
Section 164 (3): Power to make the commencement order for all the section except sections sections 79 to 85; section 97; section 99; section 105 in so far as it relates to paragraphs 7, 13, 14 and 15 of Schedule 5; section 140; section 141; section 142; section 145; section 146; section 148; section 153; section 154; section 155; section 157; section 160; section 161; section 162(1) in so far as it relates to paragraphs 4, 5, 7, 8, 9, 18, 22, 24 and 31(4)(b) of Schedule 15; but, in the case of paragraph 22, in so far only as that paragraph inserts a paragraph (m) into section 7(4) of the Act of 1984; section 162(2) in so far as it relates to Part III of Schedule 16 and, in Part IX of that Schedule, the repeal of section 100 of the [1974 c. 40.] Control of Pollution Act 1974; section 162(5); section 163.

Schedule I

Paragraph 1: Power to make regulations to prescribe the information, and the form of the information that the application for authorisation should contain.
Paragraph 2: Power to exempt any class of application from the requirements of this paragraph or exclude any class of information contained in applications for authorisations from those requirements, in all cases or as respects specified classes only of persons to be consulted
Paragraph 3: Power to give directions to the enforcing authority requiring that any particular application or any class of applications for an authorisation shall be transmitted to him for determination pending a further direction
Paragraph 3(3): Power to hear the applications
Paragraph 3(5): Power to decide whether application is authorised.
Paragraph 4: Power to give the enforcing authority a direction with respect to any particular application or any class of applications for an authorisation requiring the authority not to determine or not to proceed with the application or applications of that class until the expiry of any such period as may be specified in the direction, or until directed by the Secretary of State that they may do so, as the case may be.
Paragraph 5(3): Power to make order to substitute for the period for the time being specified in sub-paragraph (1) above such other period as he considers appropriate and different periods may be substituted for different classes of application
Paragraph 6(3): Power to make regulation to exempt any class of variation from all or any of the requirements of this paragraph or exclude any class of information relating to action to be taken by holders of authorisations from all or any of those requirements, in all cases or as respects specified classes only of persons to be consulted.
Paragraph 6(8): Power to make order to substitute for the period for the time being specified in sub-paragraph (7)(a) or (b) above, such other period as he considers appropriate.
Paragraph 7(3): Power to exempt by regulations any class of application from all or any of the requirements or exclude any class of information furnished with applications for variations of authorisations from all or any of those requirements, in all cases or as respects specified classes only of persons to be consulted.
Paragraph 7(8): Power to make order to substitute for the period for the time being specified in sub-paragraph (7)(a) or (b) above, such other period as he considers appropriate.

Schedule II: Repealed by Clean Neighbourhoods and Environment Act 2005.

Power and duty to consider any application for exemption from and representations about directions. Repealed by Clean Neighbourhoods and Environment Act 2005.

Power to exercise his powers to vary or revoke a direction and give a further direction at any time before the vesting date, whether before or after a company has been formed in accordance with the direction or previous direction, as the case may be. Repealed by Clean Neighbourhoods and Environment Act 2005.

Power to establish the date before the authority has to transfer the scheme providing for the transfer to the company or companies of any property, rights or liabilities of that or that and any other authority, or of any subsidiary of its or theirs, which appear to be appropriate to transfer as representing the relevant part of the undertaking of that authority or of that authority and the other authorities.

Power to approve the scheme. Repealed by Clean Neighbourhoods and Environment Act 2005.

Power to give a direction determining the manner in which the property, rights or liabilities in question are to be divided between the authority and the company, and may include in the direction any provision which might have been included in an agreement under that sub-paragraph; and any property, rights or liabilities required by the direction to be transferred to the company shall be regarded as having been transferred to, and by virtue of the transfer scheme vested in, the company accordingly. Repealed by Clean Neighbourhoods and Environment Act 2005.

Power to give directions to the authority and the company regarding the variation of the transactions. Repealed by Clean Neighbourhoods and Environment Act 2005.

Power to prescribe by direction descriptions of information which are to be furnished for purposes connected with the transfer by authorities to companies of the relevant part of the undertakings of authorities. Repealed by Clean Neighbourhoods and Environment Act 2005.

Schedule III

Paragraph 1(4): Power to make regulation regarding the appeals make under section 80(3)
Paragraph 4(4): Power to make an order transferring to himself the function of the authority specified in the order if the defaulting authority fails to comply with any direction contained in a direction of the Secretary of State.

Schedule VI:

Paragraph 4(1): Power to appoint one of the members of the council to be chairman of the council and may appoint a member to be deputy chairman.
Paragraph 8(2): Power to appoint the chief officers of the Councils for Wales.

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