Last amended by Environment Act 2021 in 2021. Updated waste provisions and introduced new environmental governance framework.
Independent editorial summary — not the official statute text. Read the official version on legislation.gov.uk.
Summary
The Environmental Protection Act 1990 is a cornerstone of environmental regulation in England & Wales. It established the system of integrated pollution control (IPC) for major industrial processes and local authority air pollution control for lesser processes. Part II governs waste management, Part IIA (inserted 1995) addresses contaminated land, and Part III deals with statutory nuisances. It created the framework later developed by the Environment Act 1995 and Environment Act 2021.
Key Points
- Part I — integrated pollution control (IPC) for prescribed processes; BATNEEC standard (now superseded by Environmental Permitting Regulations)
- Part II — waste management licensing: duty of care for controlled waste (s.34)
- Part IIA — contaminated land regime: identification, remediation notices, liability of polluter or landowner
- Part III — statutory nuisances: smoke, noise, smells, accumulations prejudicial to health (s.79)
- Section 33 — offence to deposit, treat, or dispose of controlled waste without a licence
- Section 34 — duty of care: anyone who produces, carries, keeps, or disposes of waste must take reasonable measures to prevent escape, ensure lawful transfer, and complete transfer notes
- Section 80 — abatement notices for statutory nuisances
- Part I — integrated pollution control for prescribed industrial processes (now replaced by Environmental Permitting Regulations)
- Part II — waste management: duty of care on producers, carriers, and disposers of waste (s.34)
- Waste management licensing — offence to deposit, treat, or dispose of waste without a licence
- Part III — statutory nuisance: local authorities must investigate and serve abatement notices for smoke, noise, odour, and other nuisances
- Part IIA — contaminated land regime: identification, investigation, and remediation of contaminated sites
- Fly-tipping offence (s.33) — deposit of waste on land without a licence
Parts & Sections
Amendments History
1995 — Environment Act 1995
Inserted Part IIA on contaminated land and created the Environment Agency.
2021 — Environment Act 2021
Updated waste provisions and introduced new environmental governance framework.
1995 — Environment Act 1995
Created the Environment Agency and inserted Part IIA on contaminated land.
Frequently asked questions
- What are the main parts of the Environmental Protection Act 1990?
- The Act divides environmental regulation into several parts. Part I covers integrated pollution control for industrial processes, Part II manages waste, Part IIA addresses contaminated land, and Part III deals with statutory nuisances. It established the framework later developed by the Environment Act 1995 and the Environment Act 2021.
- What is the duty of care regarding waste under the Act?
- Under section 34, anyone who imports, produces, carries, keeps, treats, or disposes of controlled waste must take reasonable measures to prevent waste escape. They must ensure waste is transferred only to an authorised person and that a written description accompanies the waste during transfer.
- Is it illegal to dump waste without a licence?
- It is a criminal offence to deposit, treat, or dispose of controlled waste without an environmental permit. This includes knowingly causing or permitting waste to be deposited on land without authorisation. This provision is commonly referred to as the fly-tipping offence under section 33.
- What counts as a statutory nuisance under the Act?
- Statutory nuisances include smoke, fumes, dust, smells, noise, and accumulations that are prejudicial to health. Local authorities must investigate complaints and can serve abatement notices requiring the nuisance to be stopped or preventing it from recurring. Non-compliance with these notices is a criminal offence.
- How does the Act deal with contaminated land?
- Part IIA, inserted in 1995, governs contaminated land. It provides a regime for identifying contaminated sites, investigating them, and issuing remediation notices. Liability for remediation falls on the polluter or, in some cases, the landowner.