The Environmental Protection Act 1990 establishes in England, Scotland and Wales businesses’ legal responsibilities for the duty of care for waste, contaminated land and statutory nuisance.
The Environmental Permitting (England and Wales) Regulations 2007 and the Pollution Prevention and Control (Scotland) Regulations 2000 have replaced Part I of the Environmental Protection Act - Integrated Pollution Control (IPC) and Local Authority Pollution Control (LAPC) regimes.
Environmental Permitting (England and Wales) Regulations 2007 SI 3538
Pollution Prevention Control (Scotland) Regulations 2000 SSI 323
The Act came into force in 1991 and applies in England, Wales and Scotland (and minimally in Northern Ireland).
| Part |
Description |
| Part I |
The major part of Part 1 dealing with IPC authorisations has been replaced as stated above. |
| Part II |
For England and Wales the part dealing with waste management licences has been replaced by the Environmental Permitting (England and Wales) Regulations 2007. |
| Part II A |
Sets out businesses’ ‘duty of care’ responsibilities for producing, collecting, disposing of or treating controlled waste.
Creates the legal basis for requiring businesses to identify and remedy contaminated land which was then brought into force by the Environment Act 1995. |
| Part III |
Defines statutory nuisances and improves the procedures for dealing with them. |
| Part IV |
Amends the law on litter and abandoned shopping trolleys, and gives local councils the power to impose duties to keep public places including highways clear of litter and clean. |
| Part V |
Repealed. |
| Part VI |
Controls deliberate release of genetically modified organisms to prevent or minimise damage to the environment. |
| Part VII |
Abolished the Nature Conservancy Council and Countryside Commission. Established English Nature. |
| Part VIII |
Gives power to the government to make regulations to control anyone importing, using, supplying or storing any specified substances and products made from these substances.
Gives power to the government to obtain information about potentially hazardous substances from manufacturers, importers and suppliers.
Amends the law on control of hazardous substances on, over or under land
Gives local councils the power to control stray dogs.
Gives power to ban the burning of crop residues on agricultural land. |
Who does the Environmental Protection Act affect?
The Environmental Protection Act affects business and individuals across England, Wales and Scotland. The most relevant sections to businesses are Parts II, IIA and III.
Further information
Environmental Protection Act 1990