Your World of Legal Intelligence
 United Kingdom | +44 (0) 20 7284 8080

Optional Enquiry 18: Environmental and Pollution Notices

Document Cited authorities 2 Cited in Related
Vincent
AuthorKeith Pugsley/Ken Miles
Pages179-181
Optional Enquiry 18: Environmental and

Pollution Notices

What outstanding statutory or informal notices have been issued by the local authority under the Environmental Protection Act 1990 or the Control of Pollution Act 1974? (This enquiry does not cover notices under Part IIA or Part III of the EPA, to which enquiries 3.7 or 3.13 apply.)

This optional enquiry concerns statutory or informal notices issued under powers contained in the Environmental Protection Act 1990 and the Control of Pollution Act 1974. Notices under Parts IIA and III of the Environmental Protection Act 1990 (which relate to statutory nuisances and clean air and contaminated land) are specifically excluded from the ambit of this enquiry and are dealt with by enquiries 3.7 and 3.13, respectively.

The Environmental Protection Act 1990 is extremely wide-ranging, and introduced new and modified powers and duties for local authorities to deal with a large number of issues. Together with the Control of Pollution Act 1974, which it largely supersedes, it is perhaps the most important piece of legislation in its field. The 1990 Act includes provisions on the following:

• control of industrial and air pollution;
• the collection, disposal and treatment of controlled waste;
• statutory nuisances and clean air;
• litter control;
• abandoned shopping trolleys;
• the control of genetically modified organisms;
• the use of injurious substances;
• oil pollution from ships;
• the identification and control of dogs;
• burning of crop residues (straw and stubble).

Numerous powers to serve and enforce notices are conferred upon councils by the provisions of the Environmental Protection Act 1990. Some of the more important of these notices are:

(a) Section 13: enforcement notice served on a person carrying on a ‘prescribed process’ (which is capable of causing environmental pollution and requires authorisation) in contravention of the conditions of an authorisation, requiring steps to be taken to remedy the breach within a time specified in the notice.

180 Enquiries of Local Authorities and Water Companies

(b) Section 14: prohibition notice served in respect of the carrying out of a ‘prescribed process’ where it is considered that the process, or the manner in which it is being carried on, involves an imminent risk of serious pollution.

(c) Section 10: variation notice served on the holder of an authorisation to carry out a ‘prescribed process’, varying the terms of the authorisation.

(e) Section...

To continue reading

Request your trial
Navigation index

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT