Environment Act 1995

Part I — The Environment Agency and the Scottish Environment Protection Agency

Chapter I — The Environment Agency

Establishment of the Agency

The Environment Agency.

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• (1) There shall be a body corporate to be known as the Environment Agency or, in Welsh, Asiantaeth yr Amgylchedd (in this Act referred to as “the Agency”), for the purpose of carrying out the functions transferred or assigned to it by or under this Act.

• (2) The Agency shall consist of not less than eight nor more than fifteen members of whom—

• (a) three shall be appointed by the Minister; and

• (b) the others shall be appointed by the Secretary of State.

• (3) The Secretary of State shall designate—

• (a) one of the members as the chairman of the Agency, and

• (b) another of them as the deputy chairman of the Agency.

• (4) In appointing a person to be a member of the Agency, the Secretary of State or, as the case may be, the Minister shall have regard to the desirability of appointing a person who has experience of, and has shown capacity in, some matter relevant to the functions of the Agency.

• (5) Subject to the provisions of section 38 below, the Agency shall not be regarded—

• (a) as the servant or agent of the Crown, or as enjoying any status, immunity or privilege of the Crown; or

• (b) by virtue of any connection with the Crown, as exempt from any tax, duty, rate, levy or other charge whatsoever, whether general or local;

and the Agency’s property shall not be regarded as property of, or property held on behalf of, the Crown.

• (6) The provisions of Schedule 1 to this Act shall have effect with respect to the Agency.

Transfer of functions, property etc. to the Agency

Transfer of functions to the Agency.

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• (1) On the transfer date there shall by virtue of this section be transferred to the Agency—

• (a) the functions of the National Rivers Authority, that is to say—

• (i) its functions under or by virtue of Part II (water resources management) of the Water Resources Act 1991 (in this Part referred to as “the 1991 Act”);

• (ii) its functions under or by virtue of Part III of that Act (control of pollution of water resources);

• (iii) its functions under or by virtue of Part IV of that Act (flood defence) and the Land Drainage Act 1991 and the functions transferred to the Authority by virtue of section 136(8) of the Water Act 1989 and paragraph 1(3) of Schedule 15 to that Act (transfer of land drainage functions under local statutory provisions and subordinate legislation);

• (iv) its functions under or by virtue of Part VII of the 1991 Act (land and works powers);

• (v) its functions under or by virtue of ... the Sea Fisheries Regulation Act 1966, the Salmon and Freshwater Fisheries Act 1975, Part V of the 1991 Act or any other enactment relating to fisheries;

• (vi) the functions as a navigation authority, harbour authority or conservancy authority which were transferred to the Authority by virtue of Chapter V of Part III of the Water Act 1989 or paragraph 23(3) of Schedule 13 to that Act or which have been transferred to the Authority by any order or agreement under Schedule 2 to the 1991 Act;

• (vii) its functions under Schedule 2 to the 1991 Act;

• (viii) the functions assigned to the Authority by or under any other enactment, apart from this Act;

• (b) the functions of waste regulation authorities, that is to say, the functions conferred or imposed on them by or under—

• (i) the Control of Pollution (Amendment) Act 1989, or

• (ii) Part II of the Environmental Protection Act 1990 (in this Part referred to as “the 1990 Act”),

or assigned to them by or under any other enactment, apart from this Act;

• (c) the functions of disposal authorities under or by virtue of the waste regulation provisions of the Control of Pollution Act 1974;

• (d) the functions of the chief inspector for England and Wales constituted under section 16(3) of the 1990 Act, that is to say, the functions conferred or imposed on him by or under Part I of that Act or assigned to him by or under any other enactment, apart from this Act;

• (e) the functions of the chief inspector for England and Wales appointed under section 4(2)(a) of the Radioactive Substances Act 1993, that is to say, the functions conferred or imposed on him by or under that Act or assigned to him by or under any other enactment, apart from this Act;

• (f) the functions conferred or imposed by or under the Alkali, &c, Works Regulation Act 1906 (in this section referred to as “the 1906 Act”) on the chief, or any other, inspector (within the meaning of that Act), so far as exercisable in relation to England and Wales;

• (g) so far as exercisable in relation to England and Wales, the functions in relation to improvement notices and prohibition notices under Part I of the Health and Safety at Work etc. Act 1974 (in this section referred to as “the 1974 Act”) of inspectors appointed under section 19 of that Act by the Secretary of State in his capacity as the enforcing authority responsible in relation to England and Wales for the enforcement of the 1906 Act and section 5 of the 1974 Act; and

• (h) the functions of the Secretary of State specified in subsection (2) below.

• (2) The functions of the Secretary of State mentioned in subsection (1)(h) above are the following, that is to say—

• (a) so far as exercisable in relation to England and Wales, his functions under section 30(1) of the Radioactive Substances Act 1993 (power to dispose of radioactive waste);

• (b) his functions under Chapter III of Part IV of the Water Industry Act 1991 in relation to special category effluent, within the meaning of that Chapter, other than any function of making regulations or of making orders under section 139 of that Act;

• (c) so far as exercisable in relation to England and Wales, the functions conferred or imposed on him by virtue of his being, for the purposes of Part I of the 1974 Act, the authority which is by any of the relevant statutory provisions made responsible for the enforcement of the 1906 Act and section 5 of the 1974 Act;

• (d) so far as exercisable in relation to England and Wales, his functions under, or under regulations made by virtue of, section 9 of the 1906 Act (registration of works), other than any functions of his as an appellate authority or any function of making regulations;

• (e) so far as exercisable in relation to England and Wales, his functions under regulations 7(1) and 8(2) of, and paragraph 2(2)(c) of Schedule 2 to, the Sludge (Use in Agriculture) Regulations 1989 (which relate to the provision of information and the testing of soil).

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Transfer of property, rights and liabilities to the Agency.

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• (1) On the transfer date—

• (a) the property, rights and liabilities—

• (i) of the National Rivers Authority, and

• (ii) of the London Waste Regulation Authority,

shall, by virtue of this paragraph, be transferred to and vested in the Agency;

• (b) any property, rights or liabilities which are the subject of—

• (i) a scheme made under the following provisions of this section by the Secretary of State, or

• (ii) a scheme made under those provisions by a body which is a waste regulation authority and approved (with or without modifications) under those provisions by the Secretary of State,

shall be transferred to and vested in the Agency by and in accordance with the scheme.

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (8) Schedule 2 to this Act shall have effect in relation to transfers by or under this section.

Principal aim and objectives of the Agency.

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• (1) It shall be the principal aim of the Agency (subject to and in accordance with the provisions of this Act or any other enactment and taking into account any likely costs) in discharging its functions so to protect or enhance the environment, taken as a whole, as to make the contribution towards attaining the objective of achieving sustainable development mentioned in subsection (3) below.

• (2) The Secretary of State shall from time to time give guidance to the Agency with respect to objectives which the Secretary of State considers it appropriate for the Agency to pursue in the discharge of its functions.

• (3) The guidance given under subsection (2) above must include guidance with respect to the contribution which, having regard to the Agency’s responsibilities and resources, the Secretary of State considers it appropriate for the Agency to make, by the discharge of its functions, towards attaining the objective of achieving sustainable development.

• (4) In discharging its functions, the Agency shall have regard to guidance given under this section.

• (5) The power to give guidance to the Agency under this section shall only be exercisable after consultation with—

• (a) the Agency,

• (b) Natural England, and

• (c) such other persons as the Secretary of State considers it appropriate to consult in relation to the guidance in question.

• (6) A draft of any guidance proposed to be given under this section shall be laid before each House of Parliament and the guidance shall not be given until after the period of 40 days beginning with the day on which the draft was so laid or, if the draft is laid on different days, the later of the two days.

• (7) If, within the period mentioned in subsection (6) above, either House resolves that the guidance, the draft of which was laid before it, should not be given, the Secretary of State shall not give that guidance.

• (8) In reckoning any period of 40 days for the purposes of subsection (6) or (7) above, no account shall be taken of any time during which Parliament is dissolved or prorogued or during which both Houses are adjourned for more than four days.

• (9) The Secretary of State shall arrange for any guidance given under this section to be published in such manner as the Secretary of State considers appropriate.

Chapter 1A — General functions of the Agency and the Natural Resources Body for Wales

General functions with respect to pollution control.

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• (1) An appropriate agency's pollution control powers shall be exercisable for the purpose of preventing or minimising, or remedying or mitigating the effects of, pollution of the environment.

• (2) An appropriate agency shall, for the purpose—

• (a) of facilitating the carrying out of its pollution control functions, or

• (b) of enabling it to form an opinion of the general state of pollution of the environment,

compile information relating to such pollution (whether the information is acquired by the Agency carrying out observations or is obtained in any other way).

• (3) If required by the appropriate national authority to do so, an appropriate agency shall—

• (a) carry out assessments (whether generally or for such particular purpose as may be specified in the requirement) of the effect, or likely effect, on the environment of existing or potential levels of pollution of the environment and report its findings to the appropriate national authority; or

• (b) prepare and send to the appropriate national authority a report identifying—

• (i) the options which the appropriate agency considers to be available for preventing or minimising, or remedying or mitigating the effects of, pollution of the environment, whether generally or in cases or circumstances specified in the requirement; and

• (ii) the costs and benefits of such options as are identified by the appropriate agency pursuant to sub-paragraph (i) above.

• (4) An appropriate agency shall follow developments in technology and techniques for preventing or minimising, or remedying or mitigating the effects of, pollution of the environment.

• (5) In this section, “pollution control powers” and “pollution control functions”, in relation to an appropriate agency, mean respectively its powers or its functions under or by virtue of the following enactments, that is to say—

• (a) the Alkali, &c, Works Regulation Act 1906;

• (b) Part I of the Health and Safety at Work etc. Act 1974;

• (c) Part I of the Control of Pollution Act 1974;

• (d) the Control of Pollution (Amendment) Act 1989;

• (e) Parts I, II and IIA of the 1990 Act (integrated pollution control etc, waste on land and contaminated land);

• (f) Chapter III of Part IV of the Water Industry Act 1991 (special category effluent);

• (g) Part III and sections 161 to 161D of the 1991 Act (control of pollution of water resources);

• (h) the Radioactive Substances Act 1993;

• (i) regulations under section 2 of the Pollution Prevention and Control Act 1999;

• (i) regulations under section 2 of the Pollution Prevention and Control Act 1999;

• (j) regulations made by virtue of section 2(2) of the European Communities Act 1972, to the extent that the regulations relate to pollution.

• (6) But in relation to the Natural Resources Body for Wales, “pollution control powers” and “pollution control functions” do not include powers or functions which—

• (a) were exercisable by the Countryside Council for Wales or the Forestry Commissioners immediately before 1 April 2013; and

• (b) are functions of that Body by virtue of the Natural Resources Body for Wales (Functions) Order 2013.

General provisions with respect to water.

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• (1) It shall be the duty of an appropriate agency, to such extent as it considers desirable, generally to promote—

• (a) the conservation and enhancement of the natural beauty and amenity of inland and coastal waters and of land associated with such waters;

• (b) the conservation of flora and fauna which are dependent on an aquatic environment; and

• (c) the use of such waters and land for recreational purposes;

and it shall be the duty of an appropriate agency, in determining what steps to take in performance of the duty imposed by virtue of paragraph (c) above, to take into account the needs of persons who are chronically sick or disabled. This subsection is without prejudice to the duties of the Agency under section 7 below.

• (2) It shall be the duty of the Agency to take all such action as it may from time to time consider, in accordance with any directions given under section 40 below, to be necessary or expedient for the purpose—

• (a) of conserving, redistributing or otherwise augmenting water resources in England ...; and

• (b) of securing the proper use of water resources in England ...(including the efficient use of those resources);

but nothing in this subsection shall be construed as relieving any water undertaker of the obligation to develop water resources for the purpose of performing any duty imposed on it by virtue of section 37 of the Water Industry Act 1991 (general duty to maintain water supply system).

• (2A) The Natural Resources Body for Wales must take all such action as it may from time to time consider, in accordance with any directions given under article 11 of the Natural Resources Body for Wales (Establishment) Order 2012 (S.I.2012/1903), to be necessary or expedient for the purpose—

• (a) of conserving, redistributing or otherwise augmenting water resources in Wales; and

• (b) of securing the proper use of water resources in Wales (including the efficient use of those resources);

but nothing in this subsection shall be construed as relieving any water undertaker of the obligation to develop water resources for the purpose of performing any duty imposed on it by virtue of section 37 of the Water Industry Act 1991 (general duty to maintain water supply system).

• (3) The provisions of the 1991 Act relating to the functions of the Agency under Chapter II of Part II of that Act and the related water resources provisions so far as they relate to other functions of the Agency shall not apply to so much of any inland waters as—

• (a) are part of the River Tweed;

• (b) are part of the River Esk or River Sark at a point where either of the banks of the river is in Scotland; or

• (c) are part of any tributary stream of the River Esk or the River Sark at a point where either of the banks of the tributary stream is in Scotland

except so much of those inland waters as are in England.

• (3A) Subsection (3) above shall apply to—

• (a) sections 3 and 4 of the Water Act 2003; and

• (b) such of the related water resources provisions as apply in relation to those sections by virtue of section 33(2) of the Water Act 2003,

as it applies to the provisions referred to in that subsection.

• (4) The Agency shall in relation to England and the Natural Resources Body for Wales shall in relation to Wales exercise a general supervision over all matters relating to flood and coastal erosion risk management, in accordance with Part 1 of the Flood and Water Management Act 2010.

• (5) The Agency’s flood defence functions shall extend to the territorial sea adjacent to England ... in so far as—

• (a) the region of any Regional Flood and Coastal Committee includes any area of that territorial sea; or

• (b) section 165(2) or (3) of the 1991 Act (drainage works for the purpose of defence against sea water or tidal water, and works etc to secure an adequate outfall for a main river) provides for the exercise of any power in the territorial sea.

• (5A) The flood defence functions of the Natural Resources Body for Wales extend to the territorial sea adjacent to Wales.

• (6) It shall be the duty of an appropriate agency to maintain, improve and develop fisheries of—