Environmental Protection Act 1990
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| Long title | 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. |
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| Citation | 1990 c. 43 |
| Introduced by | Chris Patten, Secretary of State for the Environment, 20 December 1989 |
| Territorial extent | England and Wales, Scotland |
| Dates | |
| Royal assent | 1 November 1990 |
| Commencement | 1 November 1990 - 16 December 1996 |
| Repealed | — |
| Other legislation | |
| Amended by | Environment Act 1995 |
| Repealed by | — |
| Relates to |
Health and Safety at Work etc. Act 1974 EU regulation 1907/2006 |
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Status: Current legislation
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| Text of statute as originally enacted | |
| Text of the Environmental Protection Act 1990 as in force today (including any amendments) within the United Kingdom, from legislation.gov.uk | |
The Environmental Protection Act 1990 (initialism: EPA) is an Act of the Parliament of the United Kingdom that as of 2008[update] defines, within England and Wales and Scotland, the fundamental structure and authority for waste management and control of emissions into the environment.
Part I establishes a general regime by which the Secretary of State, as of 2008 the Secretary of State for Environment, Food and Rural Affairs, can prescribe any process or substance and set limits on it in respect of emissions into the environment. Authorisation and enforcement was originally in the hands of HM Inspectorate of Pollution and local authorities but, as of 1996, became the responsibility of the Environment Agency (EA) and Scottish Environment Protection Agency (SEPA). Operation of a prescribed process is prohibited without approval and there are criminal sanctions against offenders.
Part II 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 (s.75(4)). 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 create a National Waste Strategy for England and Wales, and the SEPA, 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 cooperate with the local authorities' arrangements. Enforcement of these penalties sometimes proves controversial.
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