Environment Act 1995 (Commencement No. 5) Order 1996
| Jurisdiction | UK Non-devolved |
| Citation | SI 1996/186 |
| Year | 1996 |
1996 No. 186 (C. 3)
ENVIRONMENTAL PROTECTION
The Environment Act 1995 (Commencement No. 5) Order 1996
Made 31th January 1996
The Secretary of State, in exercise of his powers under section 125(3), (4) and (5) of the Environment Act 19951, hereby makes the following Order:
Citation
1. This Order may be cited as the Environment Act 1995 (Commencement No. 5) Order 1996.
Provisions coming into force on 1st February 1996
2. The following provisions of the Environment Act 1995 shall come into force on 1st February 1996—
section 5(2) and (5);
section 41 in so far as it confers power on the Secretary of State to make regulations and makes provision in relation to the exercise of that power;
section 55(7) to (10);
section 80;
sections 87 to 89;
section 90 in so far as it relates to paragraphs 2, 3 and 5 of Schedule 11;
section 91;
section 105 in so far as it relates to paragraphs 3 and 5(1) of Schedule 15;
section 117;
section 118(1) to (3);
section 118(4) and (5) in so far as they confer power to make an order or make provision in relation to the exercise of that power;
section 118(6);
section 119;
section 120(1) in so far as it relates to paragraphs 2, 13, 36, 37(2)(b), 43, 44, 67 in so far as it confers power to make regulations or makes provision in relation to the exercise of that power, 102, 103 in so far as it confers power to issue guidance or makes provision in relation to the exercise of that power, and 232(1) of Schedule 22; and
section 120(3) in so far as it relates to the repeals in Schedule 24 in relation to the Local Government etc. (Scotland) Act 19942, except the repeal in relation to section 165(6) of that Act.
Provisions coming into force on 1st April 1996
3. The following provisions of the Environment Act 1995 shall come into force on 1st April 1996—
section 2;
section 3(1);
section 5(1), (3) and (4);
section 6;
section 8;
sections 10 and 11;
sections 13 to 19;
sections 25 to 29;
sections 33 to 35;
section 37(3) to (8);
section 41 in so far as that section is not already in force;
sections 53 and 54;
section 55(1) to (6);
section 81;
section 92;
section 104;
section 105 in so far as it relates to paragraphs 1, 2, 4, 5(2) and (3), 6 to 12, 14(2) and (3), 15, 16, 18, 19 and 21 to 24 of Schedule 15;
sections 106 to 114;
section 115 in so far as that section is not already in force;
section 120(1) in so far as it relates to the following paragraphs of Schedule 22—
1, 3, 5 to 12, 14, 17 to 27(a), 28, 29(1) in so far as that sub-paragraph is not already in force, 29(2) to (20), (21)(a)(ii), (23) to (25) and (27) to (35), 30, 32 to 35, 37(3) and (5) to (8), 40, 41, 45, 46(1) to (4) and (6) to (11), 47 to 50, 51(4), 52, 54 to 66, 68(1), (2) in so far as it requires an application to be accompanied by the prescribed charge, (3), (4) and (6), 70(1) and (2), 72(2), 73(1), (2) in so far as it requires an application to be accompanied by the prescribed charge and (3) to (6), 74 in so far as it requires an application to be accompanied by the prescribed charge, 75, 76(2), (4) to (7) and (8)(b), 77, 78, 80(3), 82 in so far as that paragraph is not already in force, 83 to 87, 90, 93, 94, 96 to 101, 103 in so far as that paragraph is not already in force, 104 to 132, 133(2), 134, 136, 140, 141, 144 to 146, 148 to 152, 154 to 160, 164 to 168, 171 to 181, 184, 185, 187(2), 188 to 191, 193 to 212, 213(2)(a), (4) and (5), 214 to 222, 223(1)(a) and (b) and (2), 224 to 231 and 233;
section 120(2) in so far as it relates to paragraphs 1 to 6, 8 to 10, 12, 13, 14(1) to (4), (7) and (8) (in so far as that sub-paragraph relates to the definitions of “approval” and “the transfer date”) and 16 to 24 of Schedule 23;
section 120(3) in so far as it relates to the following repeals in Schedule 24—
(i) the repeals in relation to the Public Health (Scotland) Act 18973;
(ii) the repeals in relation to the Alkali, & c, Works Regulation Act 19064;
(iii) the repeals in relation to the Rivers (Prevention of Pollution) (Scotland) Act 19515;
(iv) the repeal of section 151(5) of the Mines and Quarries Act 19546;
(v) the repeal of section 10(6)(a) of the Rivers (Prevention of Pollution) (Scotland) Act 19657;
(vi) the repeal in relation to section 3(3)(b) of the Nuclear Installations Act 19658;
(vii) the repeals in relation to the Parliamentary Commissioner Act 19679;
(viii) the repeals in relation to the Sewerage (Scotland) Act 196810;
(ix) the repeal in relation to section 1(1)(g) of the Hovercraft Act 196811;
(x) the repeals in relation to the Agriculture Act 197012;
(xi) the repeal in relation to section 223(2) of the Local Government Act 197213;
(xii) the repeal of the Clyde River Purification Act 197214;
(xiii) the repeals in relation to the Local Government (Scotland) Act 197315;
(xiv) the repeals in relation to section 28 of the Health and Safety at Work etc. Act 197416;
(xv) the repeals in relation to the Control of Pollution Act 197417except that in relation to section 30(1) of that Act;
(xvi) the repeal of paragraph 1 of Schedule 2 to the Clean Air Enactments (Repeals and Modifications) Regulations 197418;
(xvii) the repeal in relation to Schedule 1 to the House of Commons Disqualification Act 197519;
(xviii) the repeal in relation to Schedule 1 to the Northern Ireland Assembly Disqualification Act 197520;
(xix) the repeals in relation to the Local Government (Scotland) Act 197521
(xx) the repeals in relation to sections 5(2), 10 and 15 of the Salmon and Freshwater Fisheries Act 197522
(xxi) the repeals in relation to the Water (Scotland) Act 198023
(xxii) the repeal of paragraph 17(3) of Schedule 9 to the Roads (Scotland) Act 198424
(xxiii) the repeal of regulations 2 and 4 of the Control of Industrial Air Pollution (Transfer of Powers of Enforcement) Regulations 198725
(xxiv) the repeal of sections 7(2) and (8) and 11(3) of the Control of Pollution (Amendment) Act 198926
(xxv) the repeals in relation to the Water Act 198927
(xxvi) the repeals in relation to the Environmental Protection Act 199028except those in relation to sections 33(1), 36(11), and (12), 39(12) and (13), 54, 61, 75(3), 88, 143 of, and Schedule 8 to, that Act;
(xxvii) the repeals in relation to the Natural Heritage (Scotland) Act 199129;
(xxviii) the repeals in relation to the Water Industry Act 199130except those in relation to section 4(6);
(xxix) in relation to the Water Resources Act 199131, the repeal of sections 1 to 14, 16 to 19, 58, 105(1), the repeal in relation to section 113(1), the repeal of sections 114, 117, 121 to 124, 131, 132, 144, 146, 150 to 153, 187, 196, 202(5), 206(2), 209(1), (2) and (4), 213 to 215, 218, the words "Subject to subsection (3) below," in section 219(2), section 219(3), the definitions of "the Authority" and "constituent council" in section 221(1) and Schedules 1,3 and 4;
(xxx) the repeal in relation to section 72(1) of the Land Drainage Act 199132;
(xxxi) the repeals in relation to the Water Consolidation (Consequential Provisions) Act 199133;
(xxxii) the repeals in relation to the Clean Air Act 199334;
(xxxiii) the repeals in relation to the Radioactive Substances Act 199335;
(xxxiv) the repeals in relation to the Noise and Statutory Nuisance Act 199336;
(xxxv) the repeal of paragraph 17(4) of Schedule 9, and paragraph 3(1) and (2) of Schedule 11, to the Local Government (Wales) Act 199437;
(xxxvi) the repeal of the words “a river purification board” in section 165(6) of the Local Government etc. (Scotland) Act 199438.
Saving
4. Notwithstanding the coming into force on 1st April 1996 of the amendments made by paragraph 68(1) to (3) and (6) of Schedule 22 to the Environment Act 1995, section 36 of the Environmental Protection Act 1990 shall have effect in relation to England and Wales on and after that date in relation to any application for a licence under that section made, but not finally disposed of, before that date as if—
(a) those amendments had not been made;
(b) in subsection (4)(a) the words “the National Rivers Authority and” were omitted; and
(c) in subsection (4)(b) the words “the Authority or” were omitted.
James Clappison
Parliamentary Under Secretary of State,
Department of the Environment
31st January 1996
(This note is not part of the Order)
Part I of the Environment Act 1995 establishes the Environment Agency and the Scottish Environment Protection Agency (“SEPASEPA”). The main purpose of this Order is to bring into force provisions of the Environment Act 1995 concerning the new Agencies. The Order also brings into force a number of other provisions of the Environment Act 1995.
Article 2 of this Order brings into force on 1st February 1996 provisions of the Environment Act 1995 which enable preparations to be made for the transfer of functions, property, rights and liabilities to the new Agencies.
Article 2 also brings into force on 1st February 1996 the following further provisions of the Environment Act 1995—
sections 80, 87 to 89, 90 (partially) and 91 and paragraph 36 of Schedule 22 (air quality);
section 105 (partially) and paragraphs 3 and 5(1) of Schedule 15 (power to amend subordinate legislation concerning fisheries, and order making powers concerning sea fisheries);
sections 117 and 118 (partially) (application of the Environment Act 1995 and certain other enactments to the Isles of Scilly); and
the following paragraphs of Schedule 22—
paragraphs 43 and 44 (mineral planning amendments);
paragraph 67 (partially) (power to make regulations about compensation where rights are granted under section 35(4) or 38(9A) of the Environmental Protection Act 1990);
paragraphs 102 (water undertakers' duty to promote efficient use of water by customers) and 103 (partially) (power to issue guidance in relation to the provision of sewers otherwise than by requisition).
Article 2 also brings into force on 1st February 1996 other minor and...
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