Pollution Prevention and Control Act 1999

JurisdictionUK Non-devolved
Citation1999 c. 24


Pollution Prevention and Control Act 1999

1999 CHAPTER 24

An Act to make provision for implementing Council Directive 96/61/EC and for otherwise preventing and controlling pollution; to make provision about certain expired or expiring disposal or waste management licences; and for connected purposes.

[27th July 1999]

Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

S-1 General purpose of section 2 and definitions.

1 General purpose of section 2 and definitions.

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

(a) implementing Council Directive 96/61/EC concerning integrated pollution prevention and control;

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

(c) otherwise preventing or controlling emissions capable of causing any such pollution.

(2) In this Act—

‘activities’ means activities of any nature, whether—

(a) industrial or commercial or other activities, or

(b) carried 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)—

(a) ‘pollution’ includes pollution caused by noise, heat or vibrations or any other kind of release of energy, and

(b) ‘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;

(c) offence to the senses of human beings;

(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 Council Directive 96/61/EC).

S-2 Regulation of polluting activities.

2 Regulation of polluting activities.

(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 or 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;

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

(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.

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