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.
Part 2: sets out a regime for regulating and licensing the acceptable disposal of controlled waste on land.
Controlled waste is any household, industrial and commercial waste.[lower-alpha 1] Unauthorised or harmful depositing, treatment or disposal of controlled waste is prohibited with prohibition enforced by criminal sanctions. Further, there is a broad duty of care on importers, producers, carriers, keepers, treaters or disposers of controlled waste to prevent unauthorised or harmful activities. Breach of the duty of care is a crime.
The Act demands that the Secretary of State creates a National Waste Strategy for England and Wales, and that SEPA creates a strategy for Scotland. Local authorities have duties to collect controlled waste and to undertake recycling.
There are criminal penalties on households and businesses who fail to co-operate with the local authorities' arrangements. Enforcement of these penalties sometimes proves controversial.[2]
Part 3: defines a class of statutorynuisances over which the local authority can demand remedial action supported by criminal penalties.
Part 4: defines a set of criminal offences concerning litter.
Part 5: defines a regime of statutory notification and risk assessment for genetically modified organisms (GMOs). There are duties with respect to the import, acquisition, keeping, release or marketing of GMOs and the Secretary of State has the power to prohibit specific GMOs if there is a danger of environmental damage.
In the operating year 2005/ 2006, the EA brought 880 prosecutions with an average fine of about £1,700, and 736 in 2006/2007 with an average fine of £6,773. There have also been sentences of imprisonment, including two of over sixteen months in 2006/ 2007.[3]
The Act was intended to strengthen pollution controls and support enforcement with heavier penalties. Before the Act there had been separate environmental regulation of air, water and land pollution and the Act brought in an integrated scheme that would seek the "best practicable environmental option". There was previously no uniform system of licensing or public right of access to information. The split of the Nature Conservancy Council (NCC) into English, Welsh and Scottish bodies was controversial. Purportedly forced on Secretary of State Chris Patten by Secretary of State for ScotlandMalcolm Rifkind and forestry minister Lord Sanderson, some saw it as "punishment" for the vigorous opposition the NCC had mounted to afforestation in the Flow Country.[1]
Prescribed processes and substances
The Secretary of State has the power to prescribe specific processes and substances by statutory instrument.[lower-alpha 3] The power was exercised by the Environmental Protection (Prescribed Processes and Substances) Regulations 1991[6] which have been amended several times. Further, the Secretary of State can make regulations to fix emission standards on prescribed processes and substances.[lower-alpha 4]
Once a process is prescribed, it can only be operated on authorisation from the enforcing authority.[lower-alpha 5] Applications must be made to the authority[lower-alpha 6] and the authority can refuse authorisation or give it subject to conditions.[lower-alpha 7] The authorisation is transferable to somebody else who takes over the undertaking provided that the enforcing authority is notified.[lower-alpha 8] The enforcing authority can revoke the authorisation[lower-alpha 9] or vary its conditions[lower-alpha 10] and the operator can apply to have the conditions varied.[lower-alpha 11]
The 1991 regulations were revoked for England and Wales by the Environmental Permitting (England and Wales) Regulations 2007.[7] Permitting is now regulated by the Environmental Permitting (England and Wales) Regulations 2010.[8] The 1991 regulations remain in force in Scotland, although they are in practice superseded by the Pollution Prevention and Control (Scotland) Regulations 2000 and 2012 made under the Pollution Prevention and Control Act 1999.
Enforcement
Processes are stipulated as subject to either central control by the EA or SEPA, or local control by the local authority but only with respects to atmospheric pollution.[lower-alpha 12] Such an enforcing authority can issue an enforcement notice or prohibition notice on a noncompliant operator[lower-alpha 13] and there are criminal penalties including fines and imprisonment for violations.[lower-alpha 14]
An operator may appeal a decision about the issue of authorisation, conditions, enforcement or prohibition to the Secretary of State who may hold a hearing or public inquiry.[lower-alpha 15]
Enforcing authorities must provide public information on applications, authorisations and enforcement so long as confidentiality and national security are protected.[lower-alpha 16]
Part II - Disposal of controlled waste on land
Controlled waste
Waste is defined as any substance or object within very broad categories set out in Schedule 2B "which the holder discards or intends or is required to discard".[lower-alpha 17]Controlled waste is "household, industrial and commercial waste or any such waste".[lower-alpha 18] The exact definition covers a very broad range of waste.
The term discard must be interpreted in light of the aim of Directive 75/442 which, according to its third recital, is the protection of human health and the environment against harmful effects caused by the collection, transport, treatment, storage and tipping of waste, and Article 174(2) EC which provides that community policy on the environment is to aim at a high level of protection and is to be based, in particular, on the precautionary principle and the principle that preventive action should be taken. It follows that the concept of waste cannot be interpreted restrictively. More specifically, the question whether a given substance is waste must be determined in the light of all the circumstances, regard being had to the aim of Directive 75/442 and the need to ensure that its effectiveness is not undermined.
Unauthorised or harmful deposit, treatment or disposal of controlled waste
No person may "treat, keep or dispose of controlled waste in a manner likely to cause pollution of the environment or harm to human health".[lower-alpha 19]
Except in the case of domestic household waste treated or kept or disposed of on the premises, no person may:
Deposit controlled waste, or knowingly cause or knowingly permit controlled waste to be deposited in or on any land unless a waste management licence authorising the deposit is in force and the deposit is in accordance with the licence;[lower-alpha 20] or
Treat, keep or dispose of controlled waste, or knowingly cause or knowingly permit controlled waste to be treated, kept or disposed of:
In or on any land; or
By means of any mobile plant;
— except under and in accordance with a waste management licence.
Duty of care in respect of waste
Section 34(1) imposes a duty on "any person who imports, produces, carries, keeps, treats or disposes of controlled waste or, as a broker, has control of such waste, to take all such measures applicable to him in that capacity as are reasonable in the circumstances":
To prevent any contravention by any other person of section 33;
To prevent any contravention of certain (i.e. specific) provisions of the Pollution Prevention and Control Regulations;
To prevent the escape of the waste from his control or that of any other person; and
On the transfer of the waste, to secure:
That the transfer is only to an authorised person or to a person for authorised transport purposes; and
That there is transferred such a written description of the waste as will enable other persons to avoid a contravention section 33 or the Pollution Prevention and Control Regulations.
Under section 34(2) an occupier of domestic property must, as respects the household waste produced on the property, take reasonable steps to secure that any transfer of waste is only to an authorised person or to a person for authorised transport purposes but has none of the other section 34(1) duties.
Authorised persons include local authorities who have responsibility for waste collection, persons licensed to manage or registered to transport waste or otherwise exempt persons.[lower-alpha 21]
Section 34(5) allows the Secretary of State to make regulations as to retention of documents and the Environmental Protection (Duty of Care) Regulations 1991[10] stipulate that:
All transfers of controlled waste must be accompanied by a transfer note;[11]
Copies of all transfer notes must be kept for two years;[12] and
Transfer notes must be available to the enforcement authority.[13]
Waste management licences
Licences are issued by waste management authorities and may be subject to conditions.[lower-alpha 22] The Secretary of State may make regulations about what is to be included in the licence as a condition.[lower-alpha 23][14][15] Licences are transferable[lower-alpha 24] and decisions as to refusal to grant a licence or as to conditions can be appealed to the Secretary of State.[lower-alpha 25]·
National and local government responsibilities
Sections 44A and 44B were added by the Environment Act 1995 and require the development of national waste strategies for England and Wales, and Scotland respectively.[16]
Section 45 requires waste collection authorities, usually local authorities, to collect household waste unless it is in an isolated location or arrangements can reasonably be expected to be made by the person who controls the waste. They may also collect commercial waste if requested to do so, but are not obliged to provide this service. Industrial waste can only be collected with the consent of the waste disposal authority.[lower-alpha 26] No charge is to be made for collecting household waste, unless the Secretary of State makes regulations specifying certain (i.e. specific) collections that must be paid for.[lower-alpha 27] A reasonable charge is to be made for commercial waste collection (s.45(4)). Waste collection authorities have responsibilities for emptying privies and cesspools[lower-alpha 28] and have the power to lay pipes, sewers and other infrastructure to collect waste.[lower-alpha 29] Waste collected by a waste collection authority is the property of the authority.[lower-alpha 30]
The authority can give a householder notice that waste must be disposed of in a specified receptacle, and in a specified manner.[lower-alpha 31] It is a crime to fail, without reasonable excuse, to observe such requirements. On summary conviction in a magistrates' court, an offender can be fined up to level 3 on the standard scale.[lower-alpha 32]
Authorities also have powers over receptacles for commercial and industrial waste.[lower-alpha 33] There is a system of fixed penalty notices for offences under these sections.[lower-alpha 34] Where controlled waste is deposited on land within their responsibilities, authorities may give notice to the occupier to remove it.[lower-alpha 35] It is a crime to disturb or sort over, unless with consent, waste deposited for collection by the waste collection authority. On summary conviction in a magistrates' court, an offender can be fined up to level 5 on the standard scale.[lower-alpha 36]
Waste collection authorities must deliver the waste to waste disposal authorities unless they intend to recycle it themselves.[lower-alpha 37] Waste disposal authorities must dispose of the waste and also provide facilities for householders to deposit their own waste.[lower-alpha 38]
From 31 December 2010, waste collection authorities in England must make arrangements for the separate collection of at least two types of recyclable waste unless it would be unreasonably costly to do so.[lower-alpha 39] The Welsh National Assembly has the power to extend this to Wales.[lower-alpha 40] Section 55 gives waste disposal authorities and waste collection authorities powers to recycle waste.
A disposal authority may:
Make arrangements to recycle waste;
Make arrangements to use waste to produce heat or electricity;
Buy or otherwise acquire waste with a view to its being recycled;
Use, sell or otherwise dispose of waste, or anything produced from such waste.
A waste collection authority may:
Buy or otherwise acquire waste with a view to recycling it;
Use, or dispose of by way of sale or otherwise to another person, waste belonging to the authority or anything produced from such waste.
Enforcement
Breach of sections 33 and 34 is a crime and penalties for serious offences by businesses can extend to unlimited fines, imprisonment, seizure of vehicles and clean-up costs.
Part IIA - Contaminated land
Contaminated land is "any land which appears to the local authority in whose area it is situated to be in such a condition, by reason of substances in, on or under the land, that":[lower-alpha 41]
"Significant harm is being caused or there is a significant possibility of such harm being caused; or
Significant pollution of the water environment is being caused or there is a significant possibility of such pollution being caused."
Contaminated land
The Act does not apply to contamination from radioactivity (s.78YC) but similar provisions have been made under subsequent regulations.[17][18]
Local authorities have a duty periodically to survey their locality and, using guidance defined by the Secretary of State,[19] to designate contaminated land as a special site, advising the EA or SEPA.[lower-alpha 42] The authority, EA or SEPA must then serve a remediation notice on the appropriate person.[lower-alpha 43]
The appropriate person responsible for remedial work is "any person, or any of the persons, who caused or knowingly permitted the substances" giving rise to the designation "to be in, on or under that land".[lower-alpha 44] If no such person can be identified after reasonable enquiries, the present owner or occupier is the appropriate person.[lower-alpha 45] Any persons controlling other land to which access is required for remediation must grant such access and may apply to the appropriate person for compensation.[lower-alpha 46] The appropriate person is deemed to be responsible for remediation of other land into which substances have escaped.[lower-alpha 47]
The appropriate person may appeal a notice within 21 days to:[lower-alpha 48]
The Secretary of State, where the notice was served by the EA or SEPA.
There is a further right of appeal from the magistrates' court to the High Court.[20] but ultimately it is a crime not to comply with a notice.[lower-alpha 49] The local authority, EA or SEPA can perform the remedial work themselves if the appropriate person cannot be found, defaults or requests that they do so.[lower-alpha 50] The authority have discretion as to whether to make the appropriate person responsible for the costs.[lower-alpha 51]
Local authorities, the EA and SEPA must maintain a register of notices that is publicly available, save for reasons of confidentiality and national security.[lower-alpha 52]
II - Statutory nuisances== Section 79 defines several statutory nuisances:
Any premises in such a state as to be prejudicial to health or a nuisance;
Smoke emitted from premises so as to be prejudicial to health or a nuisance;
Fumes or gases emitted from premises so as to be prejudicial to health or a nuisance;
Any dust, steam, smell or other effluvia arising on industrial, trade or business premises and being prejudicial to health or a nuisance;
Any accumulation or deposit which is prejudicial to health or a nuisance;
Any animal kept in such a place or manner as to be prejudicial to health or a nuisance;
Noise emitted from premises so as to be prejudicial to health or a nuisance; and
Noise that is prejudicial to health or a nuisance and is emitted from or caused by a vehicle, machinery or equipment on a highway, road, footway, square or court open to the public.
Local authorities have a duty to make periodic inspections of their area or in response to a complaint from the public.[lower-alpha 58] The local authority shall serve an offending occupier with an abatement notice to cease the nuisance.[lower-alpha 59] The occupier can appeal the notice, within 21 days, to a magistrates' court, in England and Wales, or a sheriff court in Scotland.[lower-alpha 60] Otherwise, it is a crime to fail, without reasonable excuse, to comply with the notice,[lower-alpha 61] punishable on summary conviction by a fine at level 5 of the standard scale, rising by ten percent for every further day on which the nuisance continues.[lower-alpha 62] If the offence is committed by the occupier of business premises, the maximum fine is £40,000.[lower-alpha 63] Where the notice is not complied with, the local authority may take reasonable action to abate the nuisance and recover the expenses from the occupier,[lower-alpha 64] if necessary by installments or by making a charge on the property.[lower-alpha 65]
Any person aggrieved by a statutory nuisance may make a complaint to the magistrates or sheriff.[lower-alpha 66] The court can order the occupier to abate the damage and, in England and Wales only, impose a fine of up to level 5 on the standard scale.[lower-alpha 67] It is a crime, without reasonable excuse, to disobey such an order, punishable on summary conviction by a fine at level 5 of the standard scale, rising by ten percent for every further day on which the nuisance continues.[lower-alpha 68] Sch.3, s.2 provides a power to a magistrates' court to grant a warrant of entry to a local authority for ascertaining whether there exists a statutory nuisance, and taking any action or executing any work to abate it.[21]
Section 87 creates the criminal offence of leaving litter.
"If any person throws down, drops or otherwise deposits in, into or from any place to which this section applies, and leaves, any thing whatsoever in such circumstances as to cause, or contribute to, or tend to lead to, the defacement by litter of any place to which this section applies, he shall ... be guilty of an offence"
—Environmental Protect Act 1990 s.87(1)
There are exceptions where the person has lawful authorisation or consent.[lower-alpha 69] Offenders can, on summary conviction in a magistrates' court, be sentenced to a fine of up to level 4 on the standard scale.[lower-alpha 70]
There is also a system of fixed penalty notices.[lower-alpha 71] Local authorities and central government have duties to keep roads, highways and public spaces free from litter.[lower-alpha 72] Members of the public who are aggrieved by litter in public places can apply to a magistrates' court for an abatement notice to order the responsible public body to carry out its duties under section 89.[lower-alpha 73] Public authorities also have powers to issue litter abatement notices and litter clearing notices on the occupiers of certain (i.e. specific) premises to order clearing of litter.[lower-alpha 74] Occupiers can appeal against a notice to the magistrates' court within 21 days[lower-alpha 75] but it is otherwise a crime to disobey a notice, punishable on summary conviction to a fine of up to level 4 on the standard scale.[lower-alpha 76] A local authority may also issue street litter control notices to occupiers of certain (i.e. specific) premises, such as take away food establishments, to keep the street and public areas near to their premises clear of litter.[lower-alpha 77]
Local authorities have the power to designate land in order to prevent the distribution of free printed material, such as advertising flyers. Offenders face summary conviction in a magistrates' court and a fine of up to level 4 on the standard scale, seizure of the material or a fixed penalty notice[lower-alpha 78] Local authorities may seize abandoned shopping trolleys and luggage trolleys, returning them to their owner and imposing a statutory fee, or otherwise disposing of them.[lower-alpha 79]
Part V - Amendment of the Radioactive Substances Act 1960
Part V made a number of amendments to the Radioactive Substances Act 1960, including in relation to the appointment of inspectors and assistant inspectors, fees in respect of registrations, enforcement powers and application of the Act to Crown and United Kingdom Atomic Energy Authority premises.
Part VI contains provision intended to ensure that "all appropriate measures are taken to avoid damage to the environment which may arise from the escape or release from human control of genetically modified organisms".[23] These include limitations on the import, acquisition, keeping, release or marketing of GMOs.
The Environment Agency (EA) is a non-departmental public body, established in 1996 and sponsored by the United Kingdom government's Department for Environment, Food and Rural Affairs, with responsibilities relating to the protection and enhancement of the environment in England.
The Anti-Social Behaviour Act 2003 (c.38) is an Act of the Parliament of the United Kingdom which almost entirely applies only to England and Wales. The Act, championed by then Home Secretary, David Blunkett, was passed in 2003. As well as strengthening the anti-social behaviour order and Fixed Penalty Notice provisions, and banning spray paint sales to people under the age of 16, it gives local councils the power to order the removal of graffiti from private property.
The Licensing Act 2003 is an act passed by the Parliament of the United Kingdom. The act establishes a single integrated scheme for licensing premises in England and Wales used to sell or supply of alcohol, provide regulated entertainment, or provide late night refreshment. It allows some or all of these licensable activities to be contained in a single licence—the premises licence—that replaced other schemes. Responsibility for issuing licences is given to local authorities, specifically London boroughs, metropolitan boroughs, unitary authorities, and district councils, who took over this power from the justices of the peace under a system of licensing committees. It came into effect midnight, 24 November 2005.
The Canadian Environmental Protection Act, 1999 is an act of the 36th Parliament of Canada, whose goal is to contribute to sustainable development through pollution prevention and to protect the environment, human life and health from the risks associated with toxic substances. It covers a diversity of activities that can affect human health and the environment, and acts to address any pollution issues not covered by other federal laws. As such, the act is a "catch all" piece of legislation that ensures potentially toxic substances are not inadvertently exempt from federal oversight as a result of unforeseen legislative loopholes.
The Scottish Environment Protection Agency is Scotland's environmental regulator and national flood forecasting, flood warning and strategic flood risk management authority. Its main role is to protect and improve Scotland's environment. SEPA does this by helping business and industry to understand their environmental responsibilities, enabling customers to comply with legislation and good practice and to realise the economic benefits of good environmental practice. One of the ways SEPA does this is through the NetRegs environmental guidance service. It protects communities by regulating activities that can cause harmful pollution and by monitoring the quality of Scotland's air, land and water. The regulations it implements also cover the storage, transport and disposal of radioactive materials.
The UK Vaccination Acts of 1840, 1853, 1867 and 1898 were a series of legislative Acts passed by the Parliament of the United Kingdom regarding the vaccination policy of the country.
The Health and Safety at Work etc. Act 1974 is an act of the Parliament of the United Kingdom that as of 2011 defines the fundamental structure and authority for the encouragement, regulation and enforcement of workplace health, safety and welfare within the United Kingdom.
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The history of fire safety legislation in the United Kingdom formally covers the period from the formation of the United Kingdom of Great Britain and Ireland in 1801 but is founded in the history of such legislation in England and Wales, and Scotland before 1708, and that of the Kingdom of Great Britain from 1707 to 1800.
Litter is a global issue and has a significant human impact on the environment. Litter is especially hazardous because it can enter ecosystems and harm a country's biodiversity. Litter is a prevalent environmental issue in New Zealand.
The powers of the fire service in the United Kingdom are extensive, but vary between jurisdictions. These powers generally only apply to members of public fire and rescue services. Powers are granted to firefighters in England & Wales by virtue of the Fire and Rescue Services Act 2004, in Scotland by virtue of the Fire (Scotland) Act 2005 and in Northern Ireland by virtue of the Fire and Rescue Services Order 2006. Whilst the three acts are almost identical in effect, they word the powers differently and vary in relation to the issuance of warrants.
The Water Resources Act 1991 (WRA) is an Act of the Parliament of the United Kingdom that regulates water resources, water quality and pollution, and flood defence. Part II of the Act provides the general structure for the management of water resources. Part III explains the standards expected for controlled waters; and what is considered to be water pollution. Part IV provides information on mitigation through flood defence.
Waste management laws govern the transport, treatment, storage, and disposal of all manner of waste, including municipal solid waste, hazardous waste, and nuclear waste, among many other types. Waste laws are generally designed to minimize or eliminate the uncontrolled dispersal of waste materials into the environment in a manner that may cause ecological or biological harm, and include laws designed to reduce the generation of waste and promote or mandate waste recycling. Regulatory efforts include identifying and categorizing waste types and mandating transport, treatment, storage, and disposal practices.
The Environment Protection Authority Victoria (EPA) is Victoria’s environmental regulator. EPA is an independent statutory authority, established in 1971 under the Environment Protection Act 1970. EPA's role is to prevent and reduce the harmful effects of pollution and waste on Victorians and their environment.
The Guam Environmental Protection Agency is a government agency of the United States territory of Guam.
There are benefits to leaving environmental regulation both to the federal government to the states.For example, wildlife conservation is much more of a concern for Alaska than for New York. New York, however, has much bigger air and light pollution issues than Alaska.
South African environmental law describes the legal rules in South Africa relating to the social, economic, philosophical and jurisprudential issues raised by attempts to protect and conserve the environment in South Africa. South African environmental law encompasses natural resource conservation and utilization, as well as land-use planning and development. Issues of enforcement are also considered, together with the international dimension, which has shaped much of the direction of environmental law in South Africa. The role of the country's Constitution, crucial to any understanding of the application of environmental law, also is examined. The National Environmental Management Act (NEMA) provides the underlying framework for environmental law.
The general environmental duty (GED) is a legal duty in Australian law stating that each person is responsible for their actions affecting the environment. To do so, they should take all reasonable measures to minimise the harm done to the environment before carrying out any activity.
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