Legalize / United Kingdom / Public General Act

Pollution Prevention and Control Act 1999

Type Public General Act

Publication 1999-07-27

State In force

Department Statute Law Database

Source legislation.gov.uk

Reform history JSON API

General purpose of section 2 and definitions

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(1) The purpose of section 2 is to enable provision to be made for or in connection with—

(a) Directive 2010/75/EU of the European Parliament and of the Council on industrial emissions (integrated pollution prevention and control);

(b) regulating , otherwise than in pursuance of that Directive, activities which are capable of causing any environmental pollution;

(2) In this Act—

“activities” means activities of any nature, whether—industrial or commercial or other activities, orcarried on on particular premises or otherwise,and includes (with or without other activities) the depositing, keeping or disposal of any substance;

“environmental pollution” means pollution of the air, water or land which may give rise to any harm; and for the purposes of this definition (but without prejudice to its generality)—“pollution” includes pollution caused by noise, heat or vibrations or any other kind of release of energy, and“air” includes air within buildings and air within other natural or man-made structures above or below ground.

(3) In the definition of “environmental pollution” in subsection (2), “harm” means—

(a) harm to the health of human beings or other living organisms;

(b) harm to the quality of the environment, including—

(i) harm to the quality of the environment taken as a whole,

(ii) harm to the quality of the air, water or land, and

(iii) other impairment of, or interference with, the ecological systems of which any living organisms form part;

(d) damage to property; or

(e) impairment of, or interference with, amenities or other legitimate uses of the environment (expressions used in this paragraph having the same meaning as in Directive 2010/75/EU).

Regulation of polluting activities

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(1) The Secretary of State may by regulations make provision for any of the purposes listed in Part I of Schedule 1; and Part II of that Schedule has effect for supplementing Part I.

(2) In accordance with subsection (1) of section 1, the provision which may be made by regulations under this section is provision for or in connection with any of the matters mentioned in paragraphs (a) to (c) of that subsection.

(3) Regulations under this section may—

(a) contain such consequential, incidental, supplementary, transitional or saving provisions (including provisions amending, repealing or revoking enactments) as the Secretary of State considers appropriate; and

(b) make different provision for different cases, including different provision in relation to different persons, circumstances, areas or localities.

(4) Before making any regulations under this section, the Secretary of State shall consult—

(a) the Environment Agency if the regulations are to apply in relation to England ...;

(aa) the Natural Resources Body for Wales if the regulations are to apply in relation to Wales;

(b) the Scottish Environment Protection Agency if the regulations are to apply in relation to Scotland;

(c) such bodies or persons appearing to him to be representative of the interests of local government, industry, agriculture and small businesses respectively as he may consider appropriate; and

(d) such other bodies or persons as he may consider appropriate.

(5) Consultation undertaken before the passing of this Act shall constitute as effective compliance with subsection (4) as if undertaken after that passing.

(6) The power to make regulations under this section shall be exercised by statutory instrument.

(7) A statutory instrument containing regulations under this section, if made without a draft having been laid before, and approved by a resolution of, each House of Parliament, shall be subject to annulment in pursuance of a resolution of either House.

(8) No regulations to which this subsection applies shall be made (whether alone or with other regulations) unless a draft of the statutory instrument containing the regulations has been laid before, and approved by a resolution of, each House of Parliament.

(9) Subsection (8) applies to—

(a) the first regulations to be made under this section which apply in relation to England;

(b) the first regulations to be made under this section which apply in relation to Wales;

(d) regulations under this section which create an offence or increase a penalty for an existing offence;

(e) regulations under this section which amend or repeal any provision of an Act.

(10) See section 62 of the Water Act 2014 for further provision about the procedure applying to statutory instruments containing both regulations made under this section and regulations made under section 61 of that Act.

Prevention etc. of pollution after accidents involving offshore installations

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(1) The Secretary of State may, in relation to offshore installations, by regulations make provision which, subject to any modifications that he considers appropriate, corresponds or is similar to any provision made by, or capable of being made under, sections 137 to 140 of the Merchant Shipping Act 1995 (powers to prevent and reduce pollution, and the risk of pollution, by oil or other substances following an accident) in relation to ships.

(2) In this section—

“offshore installation” means any structure or other thing (but not a ship) in or under—United Kingdom territorial waters, orany waters mentioned in section 7(9)(b) or (c),which is used for the purposes of, or in connection with, the exploration, development or production of petroleum;

“petroleum” has the meaning given by section 1 of the Petroleum Act 1998;

“ship” has the same meaning as in the Merchant Shipping Act 1995.

(3) Regulations under this section may—

(a) contain such consequential, incidental, supplementary, transitional or saving provisions as the Secretary of State considers appropriate; and

(b) make different provision for different cases, including different provision in relation to different persons, circumstances, areas or localities.

(4) Before making any regulations under this section, the Secretary of State shall consult—

(a) the Environment Agency, the Natural Resources Body for Wales, the Scottish Environment Protection Agency and the Department of the Environment for Northern Ireland;

(b) such bodies or persons appearing to him to be representative of the interests of owners or operators of offshore installations as he may consider appropriate; and

(5) The power to make regulations under this section shall be exercised by statutory instrument.

(6) No regulations shall be made under this section (whether alone or with other regulations) unless a draft of the statutory instrument containing the regulations has been laid before, and approved by a resolution of, each House of Parliament.

Time-limited disposal or waste management licences

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Application to Wales and Scotland

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(1) Subsection (2) applies to an Order in Council under section 22 of the Government of Wales Act 1998 (transfer of Ministerial functions) if the Order in Council contains a statement that it makes no provision which is not—

(a) provision about functions under this Act; or

(b) provision in connection with such provision.

(2) An Order in Council to which this subsection applies—

(a) shall not be subject to subsection (4)(a) of that section (affirmative resolution of both Houses of Parliament); but

(b) shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(3) For the purposes of the Scotland Act 1998, this Act shall be taken to be a pre-commencement enactment within the meaning of that Act.

Consequential and minor amendments and repeals

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(1) The consequential and minor amendments specified in Schedule 2 shall have effect.

(2) The enactments specified in Schedule 3 are repealed to the extent specified.

Short title, interpretation, commencement and extent

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(1) This Act may be cited as the Pollution Prevention and Control Act 1999.

(2) In this Act—

“enactment” includes an enactment comprised in subordinate legislation within the meaning of the Interpretation Act 1978;

“modifications” includes additions, alterations and omissions and “modify” shall be construed accordingly.

(3) Section 6 and Schedules 2 and 3 shall not come into force until such day as the Secretary of State may appoint by order made by statutory instrument, and different days may be so appointed for different purposes.

(4) An order under subsection (3) may contain such consequential, incidental, supplementary, transitional or saving provisions (including provisions modifying enactments) as the Secretary of State considers appropriate.

(5) This section and sections 3 and 5 extend to Northern Ireland but, subject to subsections (6) to (8), the other provisions of this Act do not extend there.

(6) The amendment by this Act of any enactment extending to Northern Ireland also extends there.

(7) The repeal by this Act of any enactment extending to Northern Ireland, except section 3(5) to (7) of the Environmental Protection Act 1990, also extends there.

(8) Where an enactment extending to Northern Ireland is amended or repealed by any regulations or order under this Act, the regulations or order may provide for the amendment or repeal to extend to Northern Ireland.

(9) Regulations and orders under this Act may make provision applying in relation to (and to places above and below)—

(a) the territorial waters adjacent to any part of the United Kingdom,

(b) the sea in any designated area within the meaning of the Continental Shelf Act 1964, and

SCHEDULE 1

Part I — List of purposes

Preliminary

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(1) Establishing standards, objectives or requirements in relation to emissions within the meaning of the regulations.

(2) Authorising the making of plans for—

(a) the setting of overall limits,

(b) the allocation of quotas, or

relating to such emissions.

(3) Authorising the making of schemes for the trading or other transfer of quotas so allocated.

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(1) Determining the authorities (whether public or local or the Secretary of State) by whom functions conferred by the regulations—

(a) in relation to permits under the regulations, or

(b) otherwise for or in connection with the prevention or control of environmental pollution,

are to be exercisable (in this Schedule referred to as “regulators”).

(2) Specifying any purposes for which any such functions are to be exercisable by regulators.

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Enabling the Secretary of State to give directions which regulators are to comply with, or guidance which regulators are to have regard to, in exercising functions under the regulations, including—

(a) directions providing for any functions exercisable by one regulator to be instead exercisable by another;

(b) directions given for the purposes of the implementation of—

(i) any assimilated obligations, or

(ii) any obligations under an international agreement to which the United Kingdom is a party;

Permits

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(1) Prohibiting persons from operating any installation or plant of any specified description, or otherwise carrying on any activities of any specified description, except—

(a) under a permit in force under the regulations, and

(b) in accordance with any conditions to which the permit is subject.

(2) In relation to England and Wales, imposing such a prohibition in relation to an activity except where the carrying on of the activity meets conditions determined by the regulators in accordance with the regulations.

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Specifying restrictions or other requirements in connection with the grant of permits (including provisions for restricting the grant of permits to those who are fit and proper persons within the meaning of the regulations); and otherwise regulating the procedure to be followed in connection with the grant of permits.

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(1) Prescribing the contents of permits.

(2) Authorising permits to be granted subject to conditions imposed by regulators.

(3) Securing that permits have effect subject to—

(a) conditions specified in the regulations; or

(b) rules of general application specified in or made under the regulations.

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(1) Requiring permits or the conditions to which permits are subject to be reviewed by regulators (whether periodically or in any specified circumstances).

(2) Authorising or requiring the variation of permits or such conditions by regulators (whether on applications made by holders of permits or otherwise).

(3) Regulating the making of changes—

(a) in the operation of the installations or plant to which permits relate, or

(b) in the case of permits for the carrying on of activities otherwise than in the course of operating any installation or plant, in the carrying on of the activities.

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(1) Regulating the transfer or surrender of permits.

(2) Authorising the revocation of permits by regulators.

(3) Authorising the imposition by regulators of requirements with respect to the taking of preventive or remedial action (by holders of permits or other persons) in connection with the surrender or revocation of permits.

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Authorising the Secretary of State to make schemes for the charging by regulators of fees or other charges in respect of, or in respect of an application for—

(a) the grant of a permit,

(b) the variation of a permit or the conditions to which it is subject, or

or in respect of the subsistence of a permit.

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Authorising, or authorising a Minister of the Crown to make schemes for, the charging by Ministers of the Crown or public or local authorities of fees or other charges in respect of—

(a) the testing or analysis of substances,

(b) the validating of, or of the results of, any testing or analysis of substances, or

in cases where the testing, analysis, validating or assessing is in any way in anticipation of, or otherwise in connection with, the making of applications for the grant of permits or is carried out in pursuance of conditions to which any permit is subject.

Information, publicity and consultation

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Enabling persons of any specified description (whether or not they are holders of permits) to be required—

(a) to compile information—

(i) on emissions within the meaning of the regulations;

(ii) on energy consumption and on the efficiency with which energy is used;

(iii) on waste within the meaning of the regulations and on the destinations of such waste;

(b) to provide such information in such manner as is specified in the regulations.

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Securing—

(a) that publicity is given to specified matters;

(b) that regulators maintain registers of specified matters (but excepting information which under the regulations is, or is determined to be, commercially confidential and subject to any other exceptions specified in the regulations) which are open to public inspection;

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Requiring or authorising regulators to carry out consultation in connection with the exercise of any of their functions; and providing for them to take into account representations made to them on consultation.

Enforcement and offences

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(1) Conferring on regulators functions with respect to the monitoring and inspection of the carrying on of activities to which permits relate, including—

(a) power to take samples or to make copies of information;

(b) power to arrange for preventive or remedial action to be taken at the expense of holders of permits.

(2) Authorising regulators to appoint suitable persons to exercise any such functions and conferring powers (such as those specified in section 108(4) of the Environment Act 1995) on persons so appointed.

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(1) Authorising regulators to serve on holders of permits—

(a) notices requiring them to take remedial action in respect of contraventions, actual or potential, of conditions to which their permits are subject;

(b) notices requiring them to provide such financial security as the regulators serving the notices consider appropriate pending the taking of remedial action in respect of any such contraventions;

(c) notices requiring them to take steps to remove imminent risks of serious environmental pollution (whether or not arising from any such contraventions).

(2) Providing for the enforcement of such notices by proceedings in the High Court or any court of competent jurisdiction in Scotland.

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