Environmental Protection Act 1990 : chapter 43.

  • Great Britain.
Date:
[1990], ©1990
Catalogue details

Licence: Open Government Licence

Credit: Environmental Protection Act 1990 : chapter 43. Source: Wellcome Collection.

    13/248 (page 3)
    (6) For the purposes of subsection (5) above— “activities” means industrial or commercial activities or activities of any other nature whatsoever (including, with or without other activities, the keeping of a substance); “Great Britain” includes so much of the adjacent territorial sea as is, or is treated as, relevant territorial waters for the purposes of Chapter | of Part III of the Water Act 1989 or, as respects Scotland, Part II of the Control of Pollution Act 1974; and “mobile plant’”’ means plant which is designed to move or to be moved whether on roads or otherwise. (7) The “enforcing authority’, in relation to England and Wales, is the chief inspector or the local authority by whom, under section 4 below, the functions conferred or imposed by this Part otherwise than on the Secretary of State are for the time being exercisable in relation respectively to releases of substances into the environment or into the air; and “local enforcing authority” means any such local authority. (8) The “‘enforcing authority’, in relation to Scotland, is— (a) in relation to releases of substances into the environment, the chief inspector or the river purification authority (which in this Part means a river purification authority within the meaning of the Rivers (Prevention of Pollution) (Scotland) Act 1951), (b) in relation to releases of substances into the air, the local authority, by whom, under section 4 below, the functions conferred or imposed by this Part otherwise than on the Secretary of State are for the time being exercisable; and “local enforcing authority” means any such local authority. (9) ‘“‘Authorisation” means an authorisation for a process (whether on premises or by means of mobile plant) granted under section 6 below; and a reference to the conditions of an authorisation is a reference to the conditions subject to which at any time the authorisation has effect. (10) A substance is “released” into any environmental medium whenever it is released directly into that medium whether it is released into it within or outside Great Britain and “release” includes— (a) in relation to air, any emission of the substance into the air; (b) in relation to water, any entry (including any discharge) of the substance into water; (c) in relation to land, any deposit, keeping or disposal of the substance in or on land; and for this purpose “‘water”’ and “land” shall be construed in accordance with subsections (11) and (12) below. (11) For the purpose of determining into what medium a substance is released— (a) any release into— (i) the sea or the surface of the seabed, (ii) any river, watercourse, lake, loch or pond (whether natural or artificial or above or below ground) or reservoir or the surface of the riverbed or of other land supporting such waters, or ParRT I 1989 c. 15. 1974 c. 40. 1951 c. 64.