The Environment Act 1995 (Commencement No. 11) Order 1998

Made: 4th March 1998

The Secretary of State, in exercise of his powers under section 125(3) and (4) of the Environment Act 1995¹, hereby makes the following Order:

Citation

1

This Order may be cited as the Environment Act 1995 (Commencement No. 11) Order 1998.

Provisions coming into force on 1st April 1998

2

Section 120(1) of the Environment Act 1995 shall come into force on 1st April 1998 in so far as it relates to the following provisions of Schedule 22—

• paragraph 37(2);

• paragraph 67 in so far as it imposes a duty, or confers power, to make regulations;

• paragraph 68(2) (in so far as not already in force);

• paragraph 68(5);

• paragraphs 69, 71 and 72(1)² in so far as they confer power to make regulations; and

• paragraphs 73(2), 74 and 76 (in so far as those provisions are not already in force).

Provisions coming into force on 1st July 1998

3

Sections 58 and 60 of the Environment Act 1995 (in so far as those sections are not already in force) shall come into force on 1st July 1998.

Signed

Signed by authority of the Secretary of State

Angela Eagle — Parliamentary Under Secretary of State, — Department of the Environment, Transport and the Regions — 4th March 1998

Explanatory note

(This note is not part of the Order)

Article 2 brings into force on 1st April 1998 various paragraphs of Schedule 22 to the Environment Act 1995 (minor and consequential amendments) relating to the Control of Pollution (Amendment) Act 1989 (registration of waste carriers) and Part II of the Environmental Protection Act 1990 (waste management licensing). The provisions commenced—

• (a) provide for applications to the regulation authority (the Environment Agency or in Scotland the Scottish Environment Protection Agency) to be made on a form provided by the authority, and repeal provisions concerning the charges to be paid in connection with those applications. Each of the Agencies may require payment of charges in respect of such applications by means of a scheme made under section 41 of the Act;

• (b) enable or require the Secretary of State to make regulations—

• (i) prescribing the periods within which representations may be made in consultation processes before the grant or variation of waste management licences requiring the licence holder to carry out works which would necessitate the grant of rights over land; and

• (ii) providing for the payment of compensation for those required to grant rights over land to holders of those licences.

Article 3 brings fully into force on 1st July 1998 the following sections of the Environment Act 1995—

• (a) section 58, which inserts new provisions in the Water Resources Act 1991 (c. 57) which require mine operators to give notice of proposed abandonment to the Environment Agency, with prescribed particulars; and

• (b) remaining provisions of section 60, which amends section 89 of the Water Resources Act 1991 (defence to offence of permitting water from an abandoned mine to enter controlled waters).

Footnotes