Environmental Protection Act 1990

SCHEDULE 15 Consequential and Minor Amendments of Enactments

Section 162. 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Exclusion of Alkali Works Act for prescribed processes 2 In the Alkali, &c. Works Regulation Act 1906 there shall be inserted, after section 2, the following section— Relation to Environmental Protection Act 1990, Part I. 2A (1) The preceding provisions of this Part of this Act shall not apply to any process which is a prescribed process as from the date which is the determination date for that process. (2) The “determination date” for a prescribed process is— (a) in the case of a process for which an authorisation is granted, the date on which the enforcing authority grants it, whether in pursuance of the application or, on an appeal, of a direction to grant it; (b) in the case of a process for which an authorisation is refused, the date of the refusal or, on an appeal, of the affirmation of the refusal. (3) In this section “authorisation”, “enforcing authority” and “prescribed process” have the meaning given in section 1 of the Environmental Protection Act 1990 and the reference to an appeal is a reference to an appeal under section 15 of that Act. . and, immediately before section 25, as section 24A, a section in the same terms as the section 2A inserted after section 2. Stray dogs 3 (1) The following provisions of the Dogs Act 1906 shall be amended as follows. (2) The amendments made to section 3 by section 39(2) of the Local Government Act 1988 and section 128(1)(a) of the Civic Government (Scotland) Act 1982 shall cease to have effect. (3) In section 4— (a) subsection (1) shall be omitted; (b) in subsection (2), for the words “so taken to a police station” there shall be substituted the words “ taken to a police station in pursuance of section 150(1) of the Environmental Protection Act 1990 ”; (c) in subsection (2)(a), for the words from “his name and address” to “other” there shall be substituted the words “ this fact and shall furnish his name and address and the police officer shall, having complied with the procedure (if any) prescribed under subsection (5) below, allow the finder to remove the dog ”; (d) in subsection (3), for the words from “fails” to “section” there shall be substituted the words “ removes the dog but fails to keep it for at least one month, ”; and (e) after subsection (3) or, as respects Scotland, subsection (4) there shall be inserted as subsection (4) or subsection (5) the following subsection— (0) The Secretary of State may, by regulations made by statutory instrument, prescribe the procedure to be followed under subsection (2)(a) above and any instrument containing regulations under this subsection shall be subject to annulment in pursuance of a resolution of either House of Parliament. Statutory nuisances 4 (1) The following provisions of the Public Health Act 1936 (matters deemed statutory nuisances) shall be amended as follows. (2) In section 141, for the words “Part III of this Act” there shall be substituted the words “ Part III of the Environmental Protection Act 1990 ”. (3) in section 259(1), for the words “Part III of this Act” there shall be substituted the words “ Part III of the Environmental Protection Act 1990 ”. (4) In section 268— (a) in subsection (1), for the words “Parts III” there shall be substituted the words “ Part III of the Environmental Protection Act 1990 and Parts ”; (b) in subsection (2), for the words “the said Part III” there shall be substituted the words “ Part III of the Environmental Protection Act 1990 ”; and (c) in subsection (3), for the words “Part III of this Act” there shall be substituted the words “ Part III of the Environmental Protection Act 1990 ”. 5 (1) Section 151 of the Mines and Quarries Act 1954 (matters deemed statutory nuisances) shall be amended as follows. (2) In subsection (2), for the words “Part III of the Public Health Act 1936” there shall be substituted the words “ Part III of the Environmental Protection Act 1990 ”. (3) In subsection (3), for the words “Part III of the Public Health Act 1936” there shall be substituted the words “ Part III of the Environmental Protection Act 1990 ”. (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Exclusion of Clean Air Act 1956 for prescribed processes 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Statutory nuisances 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 In section 1(1)(g) of the Hovercraft Act 1986 (power to exclude noise nuisance proceedings), after the word “1974” there shall be inserted the words “ or Part III of the Environmental Protection Act 1990. ” Goods vehicle operators’ licences: pollution offences 10 (1) The following provisions of of the Transport Act 1968 shall be amended as follows. (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (3) In section 108(1) (statutory nuisance proceedings in relation to waterways), for the words “said Act of 1936” there shall be substituted the words “ Environmental Protection Act 1990 ”. National Park Wardens 11 In section 42 of the Countryside Act 1968 (National Park Wardens), in subsection (4)(a), for the words “section 1 of the Litter Act 1983” there shall be substituted the words “ section 87 of the Environmental Protection Act 1990 ”. Exclusion of Clean Air Act 1968 for prescribed processes 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Sale of electricity: Scotland 13 In section 170A(3) of the Local Government (Scotland) Act 1973 (restriction on sale of electricity by local authority) after the word “prescribed,” there shall be inserted the words “ or in cases where it is produced from waste, ”. Workplace emissions into the air 14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Water, noise and atmospheric pollution 15 (1) The following provisions of the Control of Pollution Act 1974 shall be amended as follows. (2) In section 30D, after the words “and 1965” there shall be inserted the words “ and of the Environmental Protection Act 1990 ”. (3) In section 61(9), at the end, there shall be inserted the words “ (in relation to Scotland) or section 82 of the Environmental Protection Act 1990 (in relation to England and Wales) ”. (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (5) In section 74(2), after paragraph (b), there shall be inserted the following ; or (c) under section 80(4) of the Environmental Protection Act 1990, . (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Statutory nuisances 18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Refuse Disposal: Scotland 19 (1) Section 1 of the Refuse Disposal (Amenity) Act 1978 (provision by waste disposal authorities of places etc. for disposal of refuse) shall be amended in relation to Scotland as follows. (2) In subsection (1) at the end there shall be inserted the words “ and to dispose of refuse so deposited ”. (3) In subsection (6) for the words from “mandamus” to the end of the subsection there shall be substituted the words “ by proceedings under section 45 of the Court of Session Act 1988 ”. (4) In subsection (7) the definition of “local authority” and the word “and” which follows it shall be omitted. Street cleansing: Scotland 20 In section 25 of the Local Government and Planning (Scotland) Act 1982, for subsection (3) there shall be substituted— (3) In subsection (2) above “cleansing” means such cleansing as appears to the islands or as the case may be district council to be necessary in the interests of public health or safety or of the amenities of their area but does not include operations for the removal of snow or ice and “relevant land” means any land, in the open air, to which members of the public have access and which is not comprehended in a public road within the meaning of the Roads (Scotland) Act 1984. . Byelaws relating to straw or stubble burning 21 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Functions assignable to London port health authority 22 In section 7(4) of the Public Health (Control of Disease) Act 1984 (enactments functions under which are assignable to London port health authority), after the paragraph (k) inserted by paragraph 23 of Schedule 6 to the Building Act 1984, there shall be inserted the following paragraphs— (l) Part I of the Environmental Protection Act 1990; (m) Part III of the Environmental Protection Act 1990; . Street cleaning, etc: restriction of traffic 23 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Statutory nuisance 24 In section 76(1)(b) and (4)(a) of the Building Act 1984, for the words “sections 93 to 96 of the Public Health Act 1936” there shall be substituted the words “ section 80 of the Environmental Protection Act 1990 ”. Constitution of authorities for waste disposal 26 In section 10 of the Local Government Act 1985 (joint arrangements for waste disposal functions), in subsection (4), for the words “Part I of the Control of Pollution Act 1974” there shall be substituted the words “ Part II of the Environmental Protection Act 1990 ”. Meaning of household waste: competition 27 In Schedule 1 to the Local Government Act 1988 (competition: collection of household waste), paragraph 1 shall be amended as follows— (a) in sub-paragraph (1), the words “In the application of this Part to England and Wales,” shall be omitted; (b) in sub-paragraph (2)(a), for the words “section 12 of the Control of Pollution Act 1974” there shall be substituted the words “ section 45 of the Environmental Protection Act 1990 ”; (c) in sub-paragraph (3), for the words “section 30(4) of the Control of Pollution Act 1974” there shall be substituted the words “ section 75(8) of the Environmental Protection Act 1990 ”; and (d) sub-paragraph (4) shall be omitted. Exclusion of Water Act 1989 controls of exercise of trade effluent functions in case of prescribed processes 28 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Exclusion of Part III of Water Act 1989 for discharges from prescribed processes 29 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Contents of registers of National Rivers Authority 30 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Carriers of controlled waste 31 (1) The Control of Pollution (Amendment) Act 1989 shall be amended as follows. (2) In the following provisions, for the words “disposal authority” and “disposal authorities” there shall be substituted the words “ regulation authority ” and “ regulation authorities ” respectively, that is to say, in sections 1(4)(a), 2(1), 2(b) and (e), (3)(a) and (e) and (4)(a), (b) and (c), 3(1), (2) and (6), 4(1), (3), (4), (5) and (8)(b) and (c), 5(1) and (4)(a), 6(1), (2), (3), (5), . . ., (7)(a) and (c), (8) and (9) and 7(1), . . ., (3)(a) and (8). (3) In section 6(1) (offences justifying seizure of vehicles), in paragraph (a)(i)— (a) after “1974” there shall be inserted the words “ or section 33 of the Environmental Protection Act 1990 ”; and (b) after the word “unlicensed” there shall be inserted the words “ deposit, treatment or ”. (4) In section 7 (enforcement)— (a) in subsection (1), for the words from “91” to “information)” there shall be substituted the words “ 68(3), (4) and (5), 69, 70 and 71 of the Environmental Protection Act 1990 (powers of entry, of dealing with imminent pollution and to obtain information) ”; (b) in subsection (2), paragraph (b) shall be omitted; and (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (5) In section 9(1)— (a) in the definition of “controlled waste”— (i) for the words “, subject to subsection (2) below,” there shall be substituted the words “ , at any time, ”; and (ii) for the words “in Part I of the Control of Pollution Act 1974” there shall be substituted the words “ for the purposes of Part II of the Environmental Protection Act 1990 ”, (b) the definition of “disposal authority” shall be omitted; and (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (6) Section 9(2) shall be omitted.