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.

    20/248 (page 10)
    below, the Secretary of State may give directions to the enforcing authorities as to the conditions which are, or are not, to be included in all authorisations, in authorisations of any specified description or in any particular authorisation. (4) Subject to subsections (5) and (6) below, there is implied in every authorisation a general condition that, in carrying on the process to which the authorisation applies, the person carrying it on must use the best available techniques not entailing excessive cost— (a) for preventing the release of substances prescribed for any environmental medium into that medium or, where that is not practicable by such means, for reducing the release of such substances to a minimum and for rendering harmless any such substances which are so released; and (b) for rendering harmless any other substances which might cause harm if released into any environmental medium. (5) In the application of subsections (1) to (4) above to authorisations granted by a local enforcing authority references to the release of substances into any environmental medium are to be read as references to the release of substances into the air. (6) The obligation implied by virtue of subsection (4) above shall not apply in relation to any aspect of the process in question which is regulated by a condition imposed under subsection (1) above. (7) The objectives referred to in subsection (2) above shall, where the process— (a) is one designated for central control; and (b) is likely to involve the release of substances into more than one environmental medium; include the objective of ensuring that the best available techniques not entailing excessive cost will be used for minimising the pollution which may be caused to the environment taken as a whole by the releases having regard to the best practicable environmental option available as respects the substances which may be released. (8) An authorisation for carrying on a prescribed process may, without prejudice to the generality of subsection (1) above, include conditions— (a) imposing limits on the amount or composition of any substance produced by or utilised in the process in any period; and (b) requiring advance notification of any proposed change in the manner of carrying on the process. (9) This section has effect subject to section 28 below and, in relation to Scotland, to any regulations made under section 5(2) above. (10) References to the best available techniques not entailing excessive cost, in relation to a process, include (in addition to references to any technical means and technology) references to the number, qualifications, training and supervision of persons employed in the process and the design; construction, lay-out and maintenance of the buildings in which it is carried on.