Users' questions

What does the Environmental Protection Act 1990 cover?

What does the Environmental Protection Act 1990 cover?

What is the purpose of this legislation? The Environmental Protection Act 1990 (EPA) brings together the system of integrated pollution prevention and control (IPPC) for raw material usage, waste avoidance (or minimisation), energy efficiency and the disposal of wastes to land, water and air.

What is a part 2A site?

1.3 Part 2A provides a means of dealing with unacceptable risks posed by land contamination to human health and the environment, and enforcing authorities should seek to find and deal with such land. The Part 2A regime is one of several ways in which land contamination can be addressed.

What is Section 34 of the Environmental Protection Act 1990?

Anyone who produces waste has a duty of care under section 34 of the Environmental Protection Act 1990 to ensure that it is disposed of properly. Therefore a person may be guilty of an offence under section 34 if their waste has been found to be dumped, even if the dumping was carried out by someone else.

What is covered in the Environmental Protection Act?

The Environmental Protection Act 1990 (EPA) is one of the most important statutes concerning legal responsibility for environmental welfare. The EPA establishes legal responsibilities for pollution control for land, air and water. The Act also covers waste disposal and statutory nuisances, such as noise or smells.

What replaced the Environmental Protection Act 1990?

Environmental Protection Act 1990

Dates
Amended by Environment Act 1995
Repealed by
Relates to Health and Safety at Work etc. Act 1974 EU regulation 1907/2006
Status: Amended

What are the three important environmental laws?

The six laws related to environmental protection and wildlife are: The Environment (Protection) Act, 1986; The Forest (Conservation) Act, 1980; The Wildlife Protection Act, 1972; Water (Prevention and Control of Pollution) Act, 1974; Air (Prevention and Control of Pollution) Act, 1981 and The Indian Forest Act, 1927.

How do I know if my land is contaminated?

The only real way to confirm the presence of any contamination on the land is to carry out a very expensive soil survey, but the first step is usually to draw on any information which is already known. We have information which has been drawn from a number of sources and records up to two hundred years old.

Can you build on polluted land?

Can planning be refused if land is contaminated? If land is contaminated planning permission will usually be granted subject to conditions or obligations. These will outline the steps needed to reduce the risk of contamination to a level that will not cause unacceptable risks to people or the environment.

What is the Environmental Protection Act 1991?

Section 34 of the EPA 90 and the associated Environmental Protection (Duty of Care) Regulations 1991, which came into force on 1st April 1992, impose a ‘Duty of Care’ on all those who import, produce, carry, keep, treat or dispose of controlled waste.

What is a section 34 notice?

General Duty of Care This duty of care is imposed under section 34 of the Environmental Protection Act 1990. It also applies to anyone who acts as a broker and has control of waste. A breach of the duty of care could lead to an unlimited fine if convicted in the Magistrates Court or in the Crown Court.

What is the aim of the Environmental Protection Act?

The purpose of the Environmental Protection Act (EPA) is to support and promote the management, protection, enhancement and wise use of the environment, while recognizing the following: Preventing, mitigating and remediating environmental impacts is important in making decisions and taking actions.

What is the Environmental Protection Act 1974?

The Environmental Protection Act deals with issues relating to waste on land, defining all aspects of waste management and places a duty on local authorities to collect waste. As a business, you have a duty to ensure that any waste your company produces is handled safely and within the law.

What was Section 108 of the Environment Act 1995?

Section 108 (4) of the Environment Act 1995 (“ the 1995 Act ”) sets out powers for use by enforcing authorities (such as the Scottish Environment Protection Agency (SEPA)) and persons authorised by them. These powers had attracted very little judicial scrutiny until the recent case of Walker v Chelmsford City Council.

Is the Environmental Protection Act 1990 up to date?

Environmental Protection Act 1990, Section 108 is up to date with all changes known to be in force on or before 13 April 2020. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.

What does the Environment Protection Act of 1986 mean?

268 The Environment (Protection) Act, 1986 (b) “environmental pollutant” means any solid, liquid or gaseous substance present in such concentration as may be, or tend to be, injurious to environment; (c) “environmental pollution” means the presence in the environment of any environmental pollutant;

What does environmental penalty mean in Environmental Protection Act?

“environmental penalty” means a penalty imposed under section 182.1; (“pénalité environnementale”) Note: On a day to be named by proclamation of the Lieutenant Governor, the definition of “environmental penalty” in subsection 1 (1) of the Act is repealed.