Environment Act 1995
Environment Act 1995 (1995 c. 25)
- Environment Act 1995 (1995 c. 25)
- Part I The Environment Agency and the Scottish Environment Protection Agency
- Chapter I The Environment Agency
- Establishment of the Agency
- 1 The Environment Agency.
- Transfer of functions, property etc. to the Agency
- 2 Transfer of functions to the Agency.
- 3 Transfer of property, rights and liabilities to the Agency.
- 4 Principal aim and objectives of the Agency.
- Chapter 1A General functions of the Agency and the Natural Resources Body for Wales
- 5 General functions with respect to pollution control.
- 6 General provisions with respect to water.
- 7 General environmental and recreational duties.
- 8 Environmental duties with respect to sites of special interest.
- 9 Codes of practice with respect to environmental and recreational duties.
- 9A Duty of the Agency to cooperate with the Natural Resources Body for Wales
- 10 Incidental functions of the Agency and the Natural Resources Body for Wales.
- Advisory committees
- 11 Advisory committee for Wales.
- 12 Environment protection advisory committees.
- 13 Regional and local fisheries advisory committees.
- Flood defence committees
- 14 Regional flood defence committees.
- 15 Composition of regional flood defence committees.
- 16 Change of composition of regional flood defence committee.
- 16A Power to alter composition of regional flood defence committees in Wales
- 16B Effect of order under section 16A
- 17 Local flood defence schemes and local flood defence committees.
- 18 Composition of local flood defence committees.
- 18A Power to revoke local flood defence schemes
- 19 Membership and proceedings of flood defence committees.
- Chapter II The Scottish Environment Protection Agency
- Establishment of SEPA
- 20 The Scottish Environment Protection Agency.
- 20A General purpose of SEPA
- Transfer of functions, property etc. to SEPA
- 21 Transfer of functions to SEPA.
- 22 Transfer of property, rights and liabilities to SEPA.
- 23 Functions of staff commission.
- Other functions etc. of SEPA
- 24 Consultation with respect to drainage works.
- 25 Assessing flood risk.
- 26 Power of SEPA to purchase land compulsorily.
- 27 Power of SEPA to obtain information about land.
- 28 Power of SEPA to promote or oppose private legislation.
- 29 Procedure relating to making of byelaws.
- 30 Records held by SEPA.
- General powers and duties
- 31 Guidance on SEPA's general purpose and on sustainable development and other aims and objectives.
- 32 General environmental and recreational duties.
- 33 General duties as respects the state of the environment and effects of pollution.
- 34 General duties with respect to water.
- 35 Environmental duties as respects Natural Heritage Areas and sites of special interest.
- 36 Codes of practice with respect to environmental and recreational duties.
- Chapter III Miscellaneous, General and Supplemental Provisions Relating to the New Agencies and the Natural Resources Body for Wales
- Additional general powers and duties
- 37 Incidental general functions.
- 38 Delegation of functions by Ministers etc. to the new Agencies.
- 39 General duty of the new AgenciesAgency to have regard to costs and benefits in exercising powers.
- 40 Ministerial directions to the new Agencies.
- Charging schemes
- 41 Power to make schemes imposing charges.
- 41A Charges in respect of the EU greenhouse gas emissions trading scheme
- 41B. Charging schemes in respect of abstraction and impounding licences: joint charging schemes
- 41C. Charging schemes in respect of abstraction and impounding licences: cross-border arrangements
- 42 Approval of charging schemes.
- Incidental power to impose charges
- 43 Incidental power of the new Agencies to impose charges.
- General financial provisions
- 44 General financial duties.
- 45 Accounts and records.
- 46 Audit.
- 46A Audit: SEPA
- 47 Grants to the new Agencies.
- 48 Borrowing powers.
- 48 Borrowing powers.
- 49 Government loans to the new Agencies.
- 50 Government guarantees of a new Agency’s borrowing.
- Information
- 51 Provision of information by the new Agencies.
- 52 Annual report.
- Supplemental provisions
- 53 Inquiries and other hearings.
- 54 Appearance in legal proceedings.
- 55 Continuity of exercise of functions: the new Agencies.
- 56 Interpretation of Part I.
- Part II Contaminated Land and Abandoned Mines
- 57 Contaminated land.
- 58 Abandoned mines: England and Wales.
- 59 Abandoned mines: Scotland.
- 60 Amendments to sections 89 and 161 of the Water Resources Act 1991.
- Part III National Parks
- Purposes of National Parks
- 61 Purposes of National Parks.
- 62 Duty of certain bodies and persons to have regard to the purposes for which National Parks are designated.
- Establishment of National Park authorities
- 63 Establishment of National Park authorities.
- 64 National Park authorities in Wales.
- Functions of National Park authorities
- 65 General purposes and powers.
- 65A English National Park authorities: general powers
- 65B Boundaries of powers under section 65A
- 65C Power to make provision supplemental to section 65A
- 65D Procedure etc for regulations under section 65C
- 66 National Park Management Plans.
- 66A National Park Management Plans (England): further provision
- 66B Regulations under section 66A: procedure etc
- 67 National Park authority to be local planning authority.
- 68 Planning authority functions under National Parks legislation etc.
- 69 Planning authority functions under the Wildlife and Countryside Act 1981.
- 70 Other statutory functions.
- Finances of National Park authorities
- 71 National Park authorities to be levying bodies.
- 72 National Park grant.
- 73 Capital finances and borrowing.
- 74 Validation of certain grants paid to local authorities in respect of expenditure relating to National Parks.
- Supplemental provisions
- 75 Powers to make orders.
- 76 Agreements as to incidental matters.
- 77 Isles of Scilly.
- 78 Minor and consequential amendments relating to National Parks.
- 79 Interpretation of Part III.
- Part IV Air Quality
- 80 National air quality strategy.
- 80A Duty to report on air quality in England
- 81 Functions of the new Agencies.
- 81A Functions of relevant public authorities etc
- 81B Functions of relevant Welsh public authorities etc.
- 82 Local authority reviews.
- 83 Designation of air quality management areas.
- 83A Duties of English local authorities in relation to designated areas
- 83B Duties of Welsh local authorities in relation to designated areas
- 84 Duties of Scottish ... local authorities in relation to designated areas.
- 85 Reserve powers of the Secretary of State or SEPA.
- 85A Duty of air quality partners to co-operate
- 85B Role of air quality partners in relation to action plans
- 86 Functions of county councils for areas for which there are district councils.
- 86A Role of the Mayor of London in relation to action plans.
- 86B Role of combined authorities in relation to action plans
- 86C Role of combined county authorities in relation to action plans
- 87 Regulations for the purposes of Part IV.
- 90 Supplemental provisions.
- 91 Interpretation of Part IV.
- Part V Miscellaneous, General and Supplemental Provisions
- Waste
- 92 National waste strategy.
- 93 Producer responsibility: general.
- 94 Producer responsibility: supplementary provisions.
- 94A Producer responsibility: competition matters.
- 95 Producer responsibility: offences.
- 96 Mineral planning permissions
- Hedgerows etc.
- 97 Hedgerows.
- 98 Grants for purposes conducive to conservation.
- 99 Consultation before making or modifying certain subordinate legislation for England.
- Drainage
- 100 Meaning of “drainage” in certain enactments.
- 101 Grants in connection with drainage works.
- Fisheries
- 102 Sea fisheries.
- 103 Other marine or aquatic environmental conservation powers.
- 104 Fixed penalty system for certain fisheries offences.
- 105 Minor and consequential amendments relating to fisheries.
- New provisions for Scotland
- 106 Control of pollution of water in Scotland.
- 107 Statutory nuisances: Scotland.
- Powers of EntryEnforcement
- 108 Powers of enforcing authorities and persons authorised by them.
- 108 Powers of enforcing authorities and persons authorised by them.
- 108A Procedure where documents removed
- 109 Power to deal with cause of imminent danger of serious pollution etc.
- 109A. Power to issue restriction notices: England and Wales
- 109B. Cancellation or variation of restriction notices
- 109C. Service of restriction notices etc.
- 109D. Power of court to make restriction orders: England and Wales
- 109E. Temporary orders
- 109F. Extension of restriction orders
- 109G. Variation or discharge of restriction orders
- 109H. Enforcement of restriction orders
- 109I. Appeals against decisions on restriction orders
- 109J. Access to other premises
- 109K. Recovery of costs
- 109L. Exemption from liability
- 109M. Compensation
- 109N. Interpretation
- 110 Offences.
- Further enforcement powers: Scotland
- 110A Search and seizure of vehicles, etc.
- 110B Offences of obstructing, not co-operating, etc.
- 110C Handling of seized property
- 110D Power to apply enforcement powers in respect of offences
- Evidence
- 111 Evidence in connection with certain pollution offences.
- Offences
- 112 Amendment of certain offences relating to false or misleading statements or false entries.
- Information
- 113 Disclosure of information.
- Appeals
- 114 Power of Secretary of State to delegate his functions of determining, or to refer matters involved in, appeals.
- Crown application
- 115 Application of this Act to the Crown.
- 116 Application of certain other enactments to the Crown.
- Isles of Scilly
- 117 Application of this Act to the Isles of Scilly.
- 118 Application of certain other enactments to the Isles of Scilly.
- Miscellaneous and supplemental
- 119 Stamp duty.
- 120 Minor and consequential amendments, transitional and transitory provisions, savings and repeals.
- 121 Local statutory provisions: consequential amendments etc.
- 122 Directions.
- 123 Service of documents.
- 124 General interpretation.
- 125 Short title, commencement, extent, etc.
- SCHEDULES
- SCHEDULE 1 The Environment Agency
- Membership
- Chairman and deputy chairman
- Remuneration, pensions, etc.
- Staff
- Proceedings of the Agency
- Delegation of powers
- Members’ interests
- Vacancies and defective appointments
- Minutes
- Application of seal and proof of instruments
- Documents served etc. by or on the Agency
- Interpretation
- SCHEDULE 2 Transfers of property etc: supplemental provisions
- Part I Introductory
- Interpretation
- The property etc. which may be transferred
- Contracts of employment
- Part II Transfer schemes
- Description of the property etc. to be transferred by scheme
- Division of property etc. to be transferred by scheme: creation of new rights and interests
- Transfer schemes: incidental, supplemental and consequential provision
- Modification of transfer schemes
- Provision of information and assistance to the Secretary of State and the new Agencies in connection with transfer schemes
- Part III General provisions with respect to transfers by or under section 3 or 22
- Consideration
- Continuity
- Remedies
- Perfection of vesting of foreign property, rights and liabilities
- SCHEDULE 3 Environment protection advisory committees
- Introductory
- Duty of Agency to prepare and submit schemes for each region
- Approval of schemes
- Replacement and variation of approved membership schemes
- Appointment of members
- Vacancies, defective appointments et ceteralaetc.
- Remuneration and allowances
- SCHEDULE 4 Boundaries of regional flood defence areas
- Power to make order
- Consultation and notice of intention to make order
- Objections to draft order and making of order
- Procedure for making of order
- Notice after making of order
- Questioning of order in courts
- SCHEDULE 5 Membership and proceedings of regional and local flood defence committees
- Part I Membership of flood defence committees
- Terms of membership
- Membership of constituent council as qualification for membership of committee
- Disqualification for membership of committee
- Vacation of office by disqualifying event
- Resignation of office by members of regional committee
- Resignation of office by members of local committee
- Appointments to fill casual vacancies
- Eligibility of previous members for re-appointment
- Appointment of deputies
- Payments to past and present chairmen and to members
- Part II Proceedings of flood defence committees
- Appointment of sub-committees, joint sub-committees etc.
- Delegation of functions to sub-committees etc.
- Rules of procedure
- Declarations of interest etc.
- Authentication of documents
- Proof and validity of proceedings
- SCHEDULE 6 The Scottish Environment Protection Agency
- Status
- Membership
- Chairman and deputy chairman
- Remuneration, pensions, etc.
- Staff
- Proceedings
- Committees
- Delegation of powers
- Regional Boards
- Members’ interests
- Minutes
- SCHEDULE 7 National Park authorities
- Status and constitution of authorities
- Local authority members
- Parish members of English National Park authorities
- Members (other than parish members) appointed by the Secretary of State
- Chairman and deputy chairman
- Removal of members
- Disqualification of members
- Vacation of office for failure to attend meetings
- Code of conduct for members
- Restrictions on voting on account of interests etc.
- Allowances and time off for members
- Meetings and proceedings of the authority
- Committees and sub-committees and officers
- National Park Officer
- Personal liability of members and officers
- Liaison with parish and community councils
- Documents, notices, records, byelaws etc.
- Investigation in connection with maladministration etc.
- Audit by Audit Commission auditor etc.
- Meaning of “relevant order”
- SCHEDULE 8 Supplemental and incidental powers of National Park authorities
- Powers in relation to land etc.
- Miscellaneous transactions and powers
- Transfer of securities on alteration of area
- The Local Authorities (Goods and Services) Act 1970
- Power to execute works outside Park
- Power to promote Bills
- Competitive tendering etc.
- Restrictions on publicity
- Provisions applying in relation to companies in which authorities have interests
- Provisions as to charges
- Service agency agreements
- Contracting out
- SCHEDULE 9 Miscellaneous statutory functions of National Park authorities
- Common land etc.
- Open spaces
- Nature reserves
- Caravan sites
- Country Parks
- Provision of information and encouragement of visitors
- Derelict land etc.
- Recreational facilities
- Refuse Disposal
- Ancient Monuments and Archaeological Areas
- Footpaths and bridleways
- Litter
- Listed and historic buildings
- Hazardous substances
- Local Charities
- Overseas Assistance
- SCHEDULE 10 Minor and consequential amendments relating to National Parks
- The Finance Act 1931 (c. 28)
- The National Parks and Access to the Countryside Act 1949 (c. 97)
- The Landlord and Tenant Act 1954 (c. 56)
- The Land Compensation Act 1961 (c. 33)
- The Trustee Investments Act 1961 (c. 62)
- The Agriculture Act 1967 (c. 22)
- The Leasehold Reform Act 1967 (c. 88)
- The Countryside Act 1968 (c. 41)
- The Employers Liability (Compulsory Insurance) Act 1969 (c. 57)
- The 1972 Act
- The Employment Agencies Act 1973 (c. 35)
- The Health and Safety at Work etc. Act 1974 (c. 37)
- The Welsh Development Agency Act 1975 (c. 70)
- Local Land Charges Act 1975 (c. 76)
- The Race Relations Act 1976 (c. 74)
- The Development of Rural Wales Act 1976 (c. 75)
- The Rent (Agriculture) Act 1976 (c. 80)
- The Rent Act 1977 (c. 42)
- The Justices of the Peace Act 1979 (c. 55)
- The Local Government, Planning and Land Act 1980 (c. 65)
- The Acquisition of Land Act 1981 (c. 67)
- The Wildlife and Countryside Act 1981 (c. 69)
- The County Courts Act 1984 (c. 28)
- The Housing Act 1985 (c. 68)
- The Landlord and Tenant Act 1985 (c. 70)
- The Landlord and Tenant Act 1987 (c. 31)
- The Norfolk and Suffolk Broads Act 1988 (c. 4)
- The Housing Act 1988 (c. 50)
- The Road Traffic Act 1988 (c. 52)
- The Electricity Act 1989 (c. 29)
- The Local Government and Housing Act 1989 (c. 42)
- The Town and Country Planning Act 1990 (c. 8)
- The Planning (Listed Buildings and Conservation Areas) Act 1990 (c. 9)
- Water consolidation legislation
- The Local Government Finance Act 1992 (c. 14)
- The Local Government (Overseas Assistance) Act 1993 (c. 25)
- The Welsh Language Act 1993 (c. 38)
- The Local Government (Wales) Act 1994 (c. 19)
- SCHEDULE 11 Air Quality: Supplemental Provisions
- Consultation requirements
- Exchange of information with county councils in England
- Joint exercise of local authority functions
- Public access to information about air quality
- Fixed penalty offences
- SCHEDULE 12 Schedule 2A to the Environmental Protection Act 1990
- SCHEDULE 13 Review of Old Mineral Planning Permissions
- Interpretation
- Phase I and II sites
- The “first list”
- The “second list”
- Advertisement of the first and second lists
- Applications for inclusion in the first list of sites not included in that list as originally prepared and appeals from decisions upon such applications
- Postponement of the date specified in the first or second list for review of the permissions relating to a Phase I or II site in cases where the existing conditions are satisfactory
- Service on owners etc. of notice of preparation of the first and second lists
- Applications for approval of conditions and appeals in cases where the conditions approved are not those proposed
- Notice of determination of conditions to be accompanied by additional information in certain cases
- Right to appeal against mineral planning authority’s determination of conditions etc.
- Permissions ceasing to have effect
- Reference of applications to the Secretary of State
- Two or more applicants
- Compensation
- Appeals: general procedural provisions
- SCHEDULE 14 Periodic Review of Mineral Planning Permissions
- Power to carry out periodic reviews
- Duty to carry out periodic reviews
- Interpretation
- The first review date: mineral planning authorities in England
- The first review date: mineral planning authorities in Wales
- The relevant date for the purposes of a first periodic review
- Service of notice of first periodic review
- Application for postponement of the first review date
- Application to determine the conditions to which the mineral permissions relating to a mining site are to be subject
- Permissions ceasing to have effect
- Reference of applications to the Secretary of State
- Appeals
- Time from which conditions determined under this Schedule are to take effect
- Two or more applicants
- Second and subsequent periodic reviews
- Compensation
- SCHEDULE 15 Minor and consequential amendments relating to fisheries
- Interpretation
- General modifications of references to the National Rivers Authority
- Power to amend subordinate legislation etc.
- The Diseases of Fish Act 1937
- The Sea Fisheries Regulation Act 1966
- The Sea Fish (Conservation) Act 1967
- The Salmon and Freshwater Fisheries Act 1975
- The Diseases of Fish Act 1983
- The Salmon Act 1986
- The Water Resources Act 1991
- SCHEDULE 16 Pollution of rivers and coastal waters in Scotland: amendment of the Control of Pollution Act 1974
- SCHEDULE 17 Statutory nuisances: Scotland
- Amendments of the Environmental Protection Act 1990
- Amendments of the Radioactive Substances Act 1993
- SCHEDULE 18 Supplemental provisions with respect to powers of entry
- Interpretation
- Issue of warrants
- Manner of exercise of powers
- Information obtained to be admissible in evidence
- Duty to secure premises
- Compensation
- SCHEDULE 19 Offences relating to false or misleading statements or false entries
- The Control of Pollution Act 1974
- The Water (Scotland) Act 1980
- The Control of Pollution (Amendment) Act 1989
- The Environmental Protection Act 1990
- The Water Resources Act 1991
- The Radioactive Substances Act 1993
- SCHEDULE 20 Delegation of appellate functions of the Secretary of State
- Interpretation
- Appointments
- Powers of appointed person
- Holding of local inquiries and other hearings by appointed persons
- Local inquiries under this Schedule: evidence and costs
- Revocation of appointments and making of new appointments
- Certain acts and omissions of appointed person to be treated as those of the Secretary of State
- SCHEDULE 21 Application of certain enactments to the Crown
- Part I Enactments Relating to England and Wales
- The Water Industry Act 1991
- The Water Resources Act 1991
- Part II Enactments Relating to Scotland
- The Sewerage (Scotland) Act 1968
- The Control of Pollution Act 1974
- The Water (Scotland) Act 1980
- The Local Government etc. (Scotland) Act 1994
- SCHEDULE 22 Minor and consequential amendments
- The Alkali, &c., Works Regulation Act 1906
- The Statistics of Trade Act 1947
- The Rivers (Prevention of Pollution) (Scotland) Act 1951
- The Public Records Act 1958
- The Opencast Coal Act 1958
- The Rivers (Prevention of Pollution) (Scotland) Act 1965
- The Nuclear Installations Act 1965
- The Parliamentary Commissioner Act 1967
- The Sewerage (Scotland) Act 1968
- The Local Authorities (Goods and Services) Act 1970
- The Agriculture Act 1970
- The Prevention of Oil Pollution Act 1971
- The Town and Country Planning (Scotland) Act 1972
- The Local Government Act 1972
- The Local Government Act 1974
- The Control of Pollution Act 1974
- The Health and Safety at Work etc. Act 1974
- The House of Commons Disqualification Act 1975 and the Northern Ireland Assembly Disqualification Act 1975
- The Local Government (Scotland) Act 1975
- The Local Government (Miscellaneous Provisions) Act 1976
- The Water (Scotland) Act 1980
- The Criminal Justice (Scotland) Act 1980
- The Road Traffic Regulation Act 1984
- The Control of Pollution (Amendment) Act 1989
- The Electricity Act 1989
- The Town and Country Planning Act 1990
- The Environmental Protection Act 1990
- The Natural Heritage (Scotland) Act 1991
- The Water Industry Act 1991
- The Water Resources Act 1991
- The Land Drainage Act 1991
- The Clean Air Act 1993
- The Radioactive Substances Act 1993
- The Local Government (Wales) Act 1994
- The Local Government etc. (Scotland) Act 1994
- Subordinate legislation and local statutory provisions
- SCHEDULE 23 Transitional and transitory provisions and savings
- Part I General transitional provisions and savings
- Interpretation of Part I
- Directions
- Regional and local fisheries advisory committees
- Charging schemes
- Preparation of reports
- Preparation of accounts
- ...
- The Alkali, &c., Works Regulation Act 1906
- The Public Records Act 1958
- The Parliamentary Commissioner Act 1967
- The Local Government Act 1974
- The Control of Pollution Act 1974
- The Salmon and Freshwater Fisheries Act 1975
- ...
- The Environmental Protection Act 1990
- The Water Industry Act 1991
- The Water Resources Act 1991
- Part II Transitory provisions in respect of flood defence
- Disqualification for membership of regional flood defence committee
- Savings in relation to local flood defence schemes
- Interpretation
- SCHEDULE 24 Repeals and revocations
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