Environmental Protection Act 1990

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• Part I — integrated pollution control (IPC) for prescribed processes; BATNEEC standard (now superseded by Environmental Permitting Regulations)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