Environmental Protection Act 1990

The Environmental Protection Act 1990 (c. 43) (initialism: EPA) is an Act of the Parliament of the United Kingdom that as of 2008 defines, within England and Wales and Scotland, the fundamental structure and authority for waste management and control of emissions into the environment.

Part 1: establishes a general regime by which the Secretary of State, the Secretary of State for Environment, Food and Rural Affairs, can prescribe any process or substance and set limits on it respective of its emissions into the environment. Authorisation and enforcement was originally in the hands of HM Inspectorate of Pollution and local authorities but in 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 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. 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. Part 2a: was inserted by the Environment Act 1995 and defines a scheme of identification and compulsory remedial action for contaminated land. Part 3: defines a class of statutory nuisances 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. Part 6: of the Act created three new organisations: the Nature Conservancy Council for England, the Nature Conservancy Council for Scotland, and the Countryside Council for Wales. Since 1990, the English and Scottish councils have been the subject of considerable reorganisation and, as of 2008, only the Welsh council is still governed by the Act. The Act superseded the requirements under section 1(1)(d) of the Health and Safety at Work etc. Act 1974 in respect of controlling noxious emissions. In the operating year 2005/ 2006, the EA (Environment Agency) 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.

The Act implements the European Union Waste Framework Directive in England and Wales and Scotland. 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 Scotland Malcolm 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. which have been amended several times. Further, the Secretary of State can make regulations to fix emission standards on prescribed processes and substances. Once a process is prescribed, it can only be operated on authorisation from the enforcing authority. Applications must be made to the authority and the authority can refuse authorisation or give it subject to conditions. The authorisation is transferable to somebody else who takes over the undertaking provided that the enforcing authority is notified. The enforcing authority can revoke the authorisation or vary its conditions and the operator can apply to have the conditions varied. The 1991 regulations were revoked for England and Wales by the Environmental Permitting (England and Wales) Regulations 2007. Permitting is now regulated by the Environmental Permitting (England and Wales) Regulations 2010. 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.

Processes are stipulated as subject to either central control by the EA (Environment Agency) or SEPA (Scottish Environment Protection Agency), or local control by the local authority but only with respects to atmospheric pollution. Such an enforcing authority can issue an enforcement notice or prohibition notice on a noncompliant operator and there are criminal penalties including fines and imprisonment for violations. 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. Enforcing authorities must provide public information on applications, authorisations and enforcement so long as confidentiality and national security are protected.

Licences are issued by waste management authorities and may be subject to conditions. The Secretary of State may make regulations about what is to be included in the licence as a condition. Licences are transferable and decisions as to refusal to grant a licence or as to conditions can be appealed to the Secretary of State.·

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.

Section 87 creates the criminal offence of leaving litter. There are exceptions where the person has lawful authorisation or consent. Offenders can, on summary conviction in a magistrates' court, be sentenced to a fine of up to level 4 on the standard scale. There is also a system of fixed penalty notices. Local authorities and central government have duties to keep roads, highways and public spaces free from litter. 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. 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. Occupiers can appeal against a notice to the magistrates' court within 21 days 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. 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. 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 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. Some of the provisions of this part were repealed and superseded by the Clean Neighbourhoods and Environment Act 2005.

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. It was repealed by the Radioactive Substances Act 1993, which consolidated the 1960 Act.

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". These include limitations on the import, acquisition, keeping, release or marketing of GMOs.