Pollution Prevention and Control Act 1999
The purpose of section 2 is to enable provision to be made for or in connection with—
Directive 2010/75/EU of the European Parliament and of the Council on industrial emissions (integrated pollution prevention and control);
regulating , otherwise than in pursuance of that Directive, activities which are capable of causing any environmental pollution;
otherwise preventing or controlling emissions capable of causing any such pollution.
In this Act—
industrial or commercial or other activities, or
industrial or commercial or other activities, or
“environmental pollution” means pollution of the air, water or land which may give rise to any harm; and for the purposes of this definition (but without prejudice to its generality)—
“air” includes air within buildings and air within other natural or man-made structures above or below ground.
carried on on particular premises or otherwise,
In the definition of “environmental pollution” in subsection (2), “harm” means—
harm to the health of human beings or other living organisms;
harm to the quality of the environment, including—
harm to the quality of the environment taken as a whole,
harm to the quality of the air, water or land, and
other impairment of, or interference with, the ecological systems of which any living organisms form part;
offence to the senses of human beings;
damage to property; or
impairment of, or interference with, amenities or other legitimate uses of the environment (expressions used in this paragraph having the same meaning as in Directive 2010/75/EU).
The Secretary of State may by regulations make provision for any of the purposes listed in Part I of Schedule 1; and Part II of that Schedule has effect for supplementing Part I.
In accordance with subsection (1) of section 1, the provision which may be made by regulations under this section is provision for or in connection with any of the matters mentioned in paragraphs (a) to (c) of that subsection.
Regulations under this section may—
contain such consequential, incidental, supplementary, transitional or saving provisions (including provisions amending, repealing or revoking enactments) as the Secretary of State considers appropriate; and
make different provision for different cases, including different provision in relation to different persons, circumstances, areas or localities.
Before making any regulations under this section, the Secretary of State shall consult—
the Environment Agency if the regulations are to apply in relation to England ...;
the Scottish Environment Protection Agency if the regulations are to apply in relation to Scotland;
the Natural Resources Body for Wales if the regulations are to apply in relation to Wales;
such bodies or persons appearing to him to be representative of the interests of local government, industry, agriculture and small businesses respectively as he may consider appropriate; and
such other bodies or persons as he may consider appropriate.
Consultation undertaken before the passing of this Act shall constitute as effective compliance with subsection (4) as if undertaken after that passing.
The power to make regulations under this section shall be exercised by statutory instrument.
A statutory instrument containing regulations under this section, if made without a draft having been laid before, and approved by a resolution of, each House of Parliament, shall be subject to annulment in pursuance of a resolution of either House.
No regulations to which this subsection applies shall be made (whether alone or with other regulations) unless a draft of the statutory instrument containing the regulations has been laid before, and approved by a resolution of, each House of Parliament.
Subsection (8) applies to—
the first regulations to be made under this section which apply in relation to England;
the first regulations to be made under this section which apply in relation to Wales;
the first regulations to be made under this section which apply in relation to Scotland;
regulations under this section which create an offence or increase a penalty for an existing offence;
regulations under this section which amend or repeal any provision of an Act.
See section 62 of the Water Act 2014 for further provision about the procedure applying to statutory instruments containing both regulations made under this section and regulations made under section 61 of that Act.
The Secretary of State may, in relation to offshore installations, by regulations make provision which, subject to any modifications that he considers appropriate, corresponds or is similar to any provision made by, or capable of being made under, sections 137 to 140 of the Merchant Shipping Act 1995 (powers to prevent and reduce pollution, and the risk of pollution, by oil or other substances following an accident) in relation to ships.
In this section—
“air” includes air within buildings and air within other natural or man-made structures above or below ground.
“offshore installation” means any structure or other thing (but not a ship) in or under— which is used for the purposes of, or in connection with, the exploration, development or production of petroleum;
any waters mentioned in section 7(9)(b) or (c),
“the regulations” means regulations under section 2;
“ship” has the same meaning as in the Merchant Shipping Act 1995.
Regulations under this section may—
contain such consequential, incidental, supplementary, transitional or saving provisions as the Secretary of State considers appropriate; and
make different provision for different cases, including different provision in relation to different persons, circumstances, areas or localities.
Before making any regulations under this section, the Secretary of State shall consult—
the Environment Agency, the Natural Resources Body for Wales, the Scottish Environment Protection Agency and the Department of the Environment for Northern Ireland;
such bodies or persons appearing to him to be representative of the interests of owners or operators of offshore installations as he may consider appropriate; and
such other bodies or persons as he may consider appropriate.
The power to make regulations under this section shall be exercised by statutory instrument.
No regulations shall be made under this section (whether alone or with other regulations) unless a draft of the statutory instrument containing the regulations has been laid before, and approved by a resolution of, each House of Parliament.
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Where— the licence shall (subject to subsection (7)) for all purposes be deemed not to have expired but to have become, at the time of expiry, a site licence continuing in force in accordance with section 35(11) of the 1990 Act.
a disposal licence under section 5 of the 1974 Act became a site licence by virtue of section 77(2) of the 1990 Act (conversion, on the appointed day, of existing disposal licence under section 5 of the 1974 Act into a site licence),
the licence has expired at a time (“the time of expiry”) falling before the day on which this Act is passed but not earlier than the appointed day,
the licence authorised the carrying on of activities in or on land in England or Wales, and
relevant activities have taken place at a time falling not more than one year before the day on which this Act is passed,
Subsection (3) applies where—
a disposal licence under section 5 of the 1974 Act expired at a time (“the time of expiry”) falling before the appointed day (so that it was not converted into a site licence by section 77(2) of the 1990 Act),
the licence authorised the carrying on of activities in or on land in England or Wales, and
relevant activities have taken place at a time falling not more than one year before the day on which this Act is passed.
The licence shall (subject to subsection (7)) for all purposes be deemed— and the site licence which the licence is deemed to have become on that day shall for all purposes be deemed to have been one that continues in force in accordance with section 35(11) of the 1990 Act.
not to have expired, and
to have been subsisting on the appointed day and (accordingly) to have become on that day a site licence by virtue of section 77(2) of the 1990 Act,
Where— the licence shall for all purposes be deemed to have become at the beginning of that day a site licence continuing in force in accordance with section 35(11) of the 1990 Act.
a site licence in force immediately before the day on which this Act is passed—
became a site licence by virtue of section 77(2) of the 1990 Act, and
will expire on or after the day on which this Act is passed (if it has not previously been revoked entirely, or had its surrender accepted, under Part II of the 1990 Act), and
relevant activities have taken place at a time falling not more than one year before that day,
Where subsection (1), (3) or (4) has effect in relation to a licence, the terms and conditions of the licence as continued in force by that subsection shall, except so far as providing for the expiry of the licence and subject to subsection (6)(b) and (c), be such as were in force immediately before the relevant time (unless and until varied under Part II of the 1990 Act); and “the relevant time” means—
where subsection (1) or (3) has effect in relation to a licence, the time of expiry;
where subsection (4) has effect in relation to a licence, the beginning of the day on which this Act is passed.
Where subsection (1) or (3) has effect in relation to a licence (but without prejudice to the generality of that subsection)—
activities carried out during the interim period which (by virtue of subsection (1) or (3)) become authorised by the licence shall be treated as authorised at the time they were carried out (even though at that time their being carried out amounted to a contravention of section 33(1)(a) or (b) of the 1990 Act or section 3(1) of the 1974 Act);
anything done in relation to the licence before the time of expiry but purporting to take effect after that time (such as the serving of a notice under section 37(4) or 38(12) of the 1990 Act, or in pursuance of section 7 of the 1974 Act, specifying a time falling during or after the interim period) shall be treated as having had (or having) effect as if the licence had not in fact expired;
anything which during the interim period purported to be done in relation to the licence (such as a modification of the licence or the revocation, suspension, transfer or acceptance of the surrender of the licence or the carrying out of consultation, exercise of functions under section 9 of the 1974 Act or section 42 of the 1990 Act, imposition of requirements during a suspension or bringing or determination of an appeal) shall be treated as having had effect as if the licence had then been in force;
any fees which (by virtue of subsection (1) or (3)) are treated as having become payable before the passing of this Act shall be taken to have become payable at the time they would have become payable had the licence not in fact expired; and
the holder of the licence shall be treated as having been, during the interim period, an authorised person for the purposes of section 34(1)(c) of the 1990 Act.
Where subsection (1) or (3) has effect in relation to a licence, a person shall not be guilty of an offence under section 33(6) or 38(10) or (11) of the 1990 Act as a result of anything done or omitted to be done during the interim period becoming (by virtue of subsection (1) or (3)) a contravention of any condition of the licence or (as the case may be) a failure to comply with any requirement imposed under section 38(9) of the 1990 Act.
Nothing in this section affects any criminal proceedings which have been concluded before the passing of this Act.
The waste regulation authority (within the meaning given by section 30(1) of the 1990 Act) shall notify the holder of a licence affected by this section of the fact that the licence is so affected and of how it is so affected.
For the purposes of this section “relevant activities”, in relation to a licence, are—
any activities authorised by the licence or, in the case of an expired licence, any which would have been authorised by it had it not expired, and
any precautions or works required by the licence to be taken or carried out in connection with or in consequence of those activities or, in the case of an expired licence, any which would have been so required had the licence not expired.
In this section—
“pollution” includes pollution caused by noise, heat or vibrations or any other kind of release of energy, and
“the 1990 Act” means the Environmental Protection Act 1990;
“the appointed day”, in relation to a licence, means the day which in relation to that licence is (or would have been if the licence had not previously expired) the relevant appointed day for licences (within the meaning of section 77 of the 1990 Act);
“activities” means activities of any nature, whether— and includes (with or without other activities) the depositing, keeping or disposal of any substance;
Subsection (2) applies to an Order in Council under section 22 of the Government of Wales Act 1998 (transfer of Ministerial functions) if the Order in Council contains a statement that it makes no provision which is not—
provision about functions under this Act; or
provision in connection with such provision.
An Order in Council to which this subsection applies—
shall not be subject to subsection (4)(a) of that section (affirmative resolution of both Houses of Parliament); but
shall be subject to annulment in pursuance of a resolution of either House of Parliament.
For the purposes of the Scotland Act 1998, this Act shall be taken to be a pre-commencement enactment within the meaning of that Act.
The consequential and minor amendments specified in Schedule 2 shall have effect.
The enactments specified in Schedule 3 are repealed to the extent specified.
This Act may be cited as the Pollution Prevention and Control Act 1999.
In this Act—
“enactment” includes an enactment comprised in subordinate legislation within the meaning of the Interpretation Act 1978;
Section 6 and Schedules 2 and 3 shall not come into force until such day as the Secretary of State may appoint by order made by statutory instrument, and different days may be so appointed for different purposes.
An order under subsection (3) may contain such consequential, incidental, supplementary, transitional or saving provisions (including provisions modifying enactments) as the Secretary of State considers appropriate.
This section and sections 3 and 5 extend to Northern Ireland but, subject to subsections (6) to (8), the other provisions of this Act do not extend there.
The amendment by this Act of any enactment extending to Northern Ireland also extends there.
The repeal by this Act of any enactment extending to Northern Ireland, except section 3(5) to (7) of the Environmental Protection Act 1990, also extends there.
Where an enactment extending to Northern Ireland is amended or repealed by any regulations or order under this Act, the regulations or order may provide for the amendment or repeal to extend to Northern Ireland.
Regulations and orders under this Act may make provision applying in relation to (and to places above and below)—
the territorial waters adjacent to any part of the United Kingdom,
the sea in any designated area within the meaning of the Continental Shelf Act 1964, and
the sea in any area specified under section 10(8) of the Petroleum Act 1998.
Section 2.
Establishing standards, objectives or requirements in relation to emissions within the meaning of the regulations. Authorising the making of plans for— relating to such emissions. Authorising the making of schemes for the trading or other transfer of quotas so allocated.
Determining the authorities (whether public or local or the Secretary of State) by whom functions conferred by the regulations— are to be exercisable (in this Schedule referred to as “regulators”). Specifying any purposes for which any such functions are to be exercisable by regulators.
Enabling the Secretary of State to give directions which regulators are to comply with, or guidance which regulators are to have regard to, in exercising functions under the regulations, including—
directions providing for any functions exercisable by one regulator to be instead exercisable by another;
directions given for the purposes of the implementation of—
any assimilated obligations, or
any obligations under an international agreement to which the United Kingdom is a party;
directions relating to the exercise of any function in a particular case or class of case.
Prohibiting persons from operating any installation or plant of any specified description, or otherwise carrying on any activities of any specified description, except— In relation to England and Wales, imposing such a prohibition in relation to an activity except where the carrying on of the activity meets conditions determined by the regulators in accordance with the regulations.
under a permit in force under the regulations, and
in accordance with any conditions to which the permit is subject.
Specifying restrictions or other requirements in connection with the grant of permits (including provisions for restricting the grant of permits to those who are fit and proper persons within the meaning of the regulations); and otherwise regulating the procedure to be followed in connection with the grant of permits.
Prescribing the contents of permits. Authorising permits to be granted subject to conditions imposed by regulators. Securing that permits have effect subject to—
Requiring permits or the conditions to which permits are subject to be reviewed by regulators (whether periodically or in any specified circumstances). Authorising or requiring the variation of permits or such conditions by regulators (whether on applications made by holders of permits or otherwise). Regulating the making of changes—
Regulating the transfer or surrender of permits. Authorising the revocation of permits by regulators. Authorising the imposition by regulators of requirements with respect to the taking of preventive or remedial action (by holders of permits or other persons) in connection with the surrender or revocation of permits.
Authorising the Secretary of State to make schemes for the charging by regulators of fees or other charges in respect of, or in respect of an application for— or in respect of the subsistence of a permit.
the grant of a permit,
the variation of a permit or the conditions to which it is subject, or
the transfer or surrender of a permit,
Authorising, or authorising a Minister of the Crown to make schemes for, the charging by Ministers of the Crown or public or local authorities of fees or other charges in respect of— in cases where the testing, analysis, validating or assessing is in any way in anticipation of, or otherwise in connection with, the making of applications for the grant of permits or is carried out in pursuance of conditions to which any permit is subject.
the testing or analysis of substances,
the validating of, or of the results of, any testing or analysis of substances, or
assessing how the environment might be affected by the release into it of any substances,
Authorising the Secretary of State to make schemes for the charging by regulators of charges, as respects functions in relation to offshore installations, corresponding to those that may be prescribed under section 41A of the Environment Act 1995. Subsections (2) to (5) of section 41A of that Act apply in relation to the Secretary of State and a charging scheme made by virtue of this paragraph as they apply in relation to the Scottish Environment Protection Agency and a charging scheme made by that Agency under the 1995 Act. In this paragraph “offshore installation” has” the same meaning as in the Greenhouse Gas Emissions Trading Scheme Regulations 2005.
Enabling persons of any specified description (whether or not they are holders of permits) to be required—
to compile information—
on emissions within the meaning of the regulations;
on energy consumption and on the efficiency with which energy is used;
on waste within the meaning of the regulations and on the destinations of such waste;
to provide such information in such manner as is specified in the regulations.
Securing—
that publicity is given to specified matters;
that regulators maintain registers of specified matters (but excepting information which under the regulations is, or is determined to be, commercially confidential and subject to any other exceptions specified in the regulations) which are open to public inspection;
that copies of entries in such registers, or of specified documents, may be obtained by members of the public.
Requiring or authorising regulators to carry out consultation in connection with the exercise of any of their functions; and providing for them to take into account representations made to them on consultation.
Conferring on regulators functions with respect to the monitoring and inspection of the carrying on of activities to which permits relate, including— Authorising regulators to appoint suitable persons to exercise any such functions and conferring powers (such as those specified in section 108(4) of the Environment Act 1995) on persons so appointed.
Authorising regulators to serve on holders of permits— Providing for the enforcement of such notices by proceedings in the High Court or any court of competent jurisdiction in Scotland.
Authorising regulators to suspend the operation of permits so far as having effect to authorise the carrying on of activities to which they relate.
The creation of offences and dealing with matters relating to such offences, including—
the provision of defences; and
evidentiary matters.
Enabling, where a person has been convicted of an offence under the regulations—
a court dealing with that person for the offence to order the taking of remedial action (in addition to or instead of imposing any punishment); or
a regulator to arrange for such action to be taken at that person’s expense.
Conferring rights of appeal in respect of decisions made, notices served or other things done (or omitted to be done) under the regulations; and making provision for (or for the determination of) matters relating to the making, considering and determination of such appeals (including provision for or in connection with the holding of inquiries or hearings).
Making provision which, subject to any modifications that the Secretary of State considers appropriate, corresponds or is similar to— In sub-paragraph (1) “the relevant directives” means— In sub-paragraph (1)(b)(iii), the reference to provision conferring any power to legislate does not include provision— Making provision about the application of the regulations to the Crown.
The regulations may provide for specified provisions of the regulations to have effect in relation only to such environmental pollution as is specified.
The regulations may make provision for anything which, by virtue of paragraphs 5 to 8, could be provided for by the regulations to be determined under the regulations by regulators.
The regulations may authorise the inclusion in a trading scheme of— In this paragraph “ trading scheme ” means a scheme of the kind mentioned in paragraph 1(3).
In connection with the determination of conditions as mentioned in paragraph 6(3)(a) the regulations may in particular provide—
for such conditions to be determined in the light of any specified general principles and any directions or guidance given under the regulations;
for such guidance to include guidance sanctioning reliance by a regulator on any arrangements referred to in the guidance to operate to secure a particular result as an alternative to imposing a condition.
The regulations may—
require any such scheme as is mentioned in paragraph 9, 9A or 10 to be so framed that the fees and charges payable under the scheme are sufficient, taking one year with another, to cover such expenditure (whether or not incurred by the regulator or other person to whom they are so payable) as is specified;
authorise any such scheme to make different provision for different cases (and specify particular kinds of such cases).
The regulations may provide for any such offence as is mentioned in paragraph 17 to be triable— The regulations may provide for such an offence to be punishable—
In this Schedule—
“functions” includes powers and duties;
“functions” includes powers and duties;
“specified” means specified in regulations under that section.
“specified” means specified in regulations under that section.
Section 6.
In section 11A(1) of the Prevention of Oil Pollution Act 1971 (provisions of Act not to apply to escapes etc. authorised by Part I of the Environmental Protection Act 1990)—
for “(2A), 3(1) and 11(1)” substitute “ 3(1) ”; and
at the end insert “ or a permit granted under regulations under section 2 of the Pollution Prevention and Control Act 1999. ”
In section 7(4) of the Public Health (Control of Disease) Act 1984 (enactments conferring functions assignable to the London port health authority), after paragraph (m) insert—
The Environmental Protection Act 1990 has effect subject to the following amendments.
In section 8(7) (expenditure to be covered by charging schemes under the section is that of local enforcing authorities in exercising their functions under Part I of the Act), at the end insert “ together with the expenditure incurred by the Environment Agency in exercising, in relation to authorisations granted by local enforcing authorities or the prescribed processes to which such authorisations relate, such of its functions as are specified in the scheme. ”
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In section 79(10) (restrictions on taking proceedings for statutory nuisance where proceedings possible under Part I of the Act), after “Part I” insert “ or under regulations under section 2 of the Pollution Prevention and Control Act 1999. ”
In paragraph (a) of each of subsections (3) and (4) of section 206 of the Water Industry Act 1991 (exceptions from restrictions on disclosure of information), for “or the Environment Act 1995” substitute “ , the Environment Act 1995 or regulations under section 2 of the Pollution Prevention and Control Act 1999 ”.
In paragraph (a) of each of subsections (2) and (3) of section 204 of the Water Resources Act 1991 (exceptions from restrictions on disclosure of information), for “or the 1995 Act” substitute “ , the 1995 Act or regulations under section 2 of the Pollution Prevention and Control Act 1999 ”.
The Clean Air Act 1993 has effect subject to the following amendments.
In section 33(1) (cable burning), after “a process subject to Part I of the Environmental Protection Act 1990” insert “ or an activity subject to regulations under section 2 of the Pollution Prevention and Control Act 1999 ”.
In section 35(3) (limit on investigations into emissions from certain processes), after “any process subject to Part I of the Environmental Protection Act 1990” insert “ or activity subject to regulations under section 2 of the Pollution Prevention and Control Act 1999 ”.
“the environment” means all, or any, of the following media, namely, the air, water and land (and the medium of air includes the air within buildings and the air within other natural or man-made structures above or below ground);
After section 136 of the Merchant Shipping Act 1995 (oil pollution) insert—
The Environment Act 1995 has effect subject to the following amendments.
In section 5(5) (pollution control powers and functions), after paragraph (h) insert—.
In section 33(5) (pollution control powers and functions in Scotland), before the word “and” at the end of paragraph (g) insert—.
“the environment” means all, or any, of the following media, namely, the air, water and land (and the medium of air includes the air within buildings and the air within other natural or man-made structures above or below ground);
Section 113(5) (disclosure of information: interpretation) is amended as follows. “the environment” means all, or any, of the following media, namely, the air, water and land (and the medium of air includes the air within buildings and the air within other natural or man-made structures above or below ground); In the definition of “local enforcing authority”, at the end of paragraph (b) insert “ or ”.
In section 66 of the Finance Act 1996 (landfill tax: definition of landfill site), after paragraph (b) insert—.
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Chapter Short title Extent of repeal 1971 c. 60. Prevention of Oil Pollution Act 1971. In section 11A(1), the words “an authorisation granted under Part I of the Environmental Protection Act 1990 or”. 1984 c. 22. Public Health (Control of Disease) Act 1984. Section 7(4)(l). 1990 c. 43. Environmental Protection Act 1990. Sections 1 to 28. ... Schedule 1. 1991 c. 56. Water Industry Act 1991. Section 138(2) to (4). In section 206(3)(a), “I or”. In section 206(4)(a), “I or”. 1991 c. 57. Water Resources Act 1991. Section 88(1)(b). In section 204(2)(a), “I or”. In section 204(3)(a), “I or”. 1991 c. 60. Water Consolidation (Consequential Provisions) Act 1991. In Schedule 1, paragraph 56. 1993 c. 11. Clean Air Act 1993. In section 33(1), the words “a process subject to Part I of the Environmental Protection Act 1990 or”. In section 35(3), the words “process subject to Part I of the Environmental Protection Act 1990 or”. Section 36(3). Section 41. 1993 c. 12. Radioactive Substances Act 1993. In Schedule 4, paragraph 6. 1994 c. 19. Local Government (Wales) Act 1994. In Schedule 9, paragraph 17(1). 1995 c. 21. Merchant Shipping Act 1995. In section 136A, the words “an authorisation granted under Part I of the Environmental Protection Act 1990 or”. 1995 c. 25. Environment Act 1995. In section 5(5)(e), “I,”. In section 33(5)(e), “I,”. In section 56(1), paragraph (b) of the definition of “environmental licence” in relation to the Environment Agency and paragraph (c) of the definition of “environmental licence” in relation to the Scottish Environment Protection Agency. In section 108(15)— paragraph (a) of the definition of “local enforcing authority”, in paragraph (g) of the definition of “pollution control functions” in relation to the Environment Agency or the Scottish Environment Protection Agency, “I,”, and in paragraph (a) of the definition of “pollution control functions” in relation to a local enforcing authority, “I or”. Section 111(6). In section 113(5), in the definition of “local enforcing authority”, paragraph (d) and the “or” preceding it. In section 114(2)(a)(iii), “15, 22(5),”. In Schedule 20, in paragraph 4(3)(b), “22(5),”. In Schedule 22, paragraphs 45 to 61. 1996 c. 8. Finance Act 1996. Section 43A(4)(b) to (d). 1998 c. 38. Government of Wales Act 1998. In Schedule 3, paragraph 6(3)(a).