http://www.legislation.gov.uk/id/ukpga/1990/43/schedule/5/part/I

http://www.legislation.gov.uk/ukpga/1990/43/schedule/5/part/I/crossheading/directions-to-chief-inspector

Environmental Protection Act 1990

An Act to make provision for the improved control of pollution arising from certain industrial and other processes; to re-enact the provisions of the Control of Pollution Act 1974 relating to waste on land with modifications as respects the functions of the regulatory and other authorities concerned in the collection and disposal of waste and to make further provision in relation to such waste; to restate the law defining statutory nuisances and improve the summary procedures for dealing with them, to provide for the termination of the existing controls over offensive trades or businesses and to provide for the extension of the Clean Air Acts to prescribed gases; to amend the law relating to litter and make further provision imposing or conferring powers to impose duties to keep public places clear of litter and clean; to make provision conferring powers in relation to trolleys abandoned on land in the open air; to amend the Radioactive Substances Act 1960; to make provision for the control of genetically modified organisms; to make provision for the abolition of the Nature Conservancy Council and for the creation of councils to replace it and discharge the functions of that Council and, as respects Wales, of the Countryside Commission; to make further provision for the control of the importation, exportation, use, supply or storage of prescribed substances and articles and the importation or exportation of prescribed descriptions of waste; to confer powers to obtain information about potentially hazardous substances; to amend the law relating to the control of hazardous substances on, over or under land; to amend section 107(6) of the Water Act 1989 and sections 31(7)(a), 31A(2)(c)(i) and 32(7)(a) of the Control of Pollution Act 1974; to amend the provisions of the Food and Environment Protection Act 1985 as regards the dumping of waste at sea; to make further provision as respects the prevention of oil pollution from ships; to make provision for and in connection with the identification and control of dogs; to confer powers to control the burning of crop residues; to make provision in relation to financial or other assistance for purposes connected with the environment; to make provision as respects superannuation of employees of the Groundwork Foundation and for remunerating the chairman of the Inland Waterways Amenity Advisory Council; and for purposes connected with those purposes.

1990-11-01

text

text/xml

Statute Law Database

2024-04-15

Expert Participation

2024-04-11

Environmental Protection Act 1990

s. 30(4A)

Environment Act 2021

s. 57(2)

s. 144

s. 147(3)

Environmental Protection Act 1990

s. 33ZB(10A)

Environment Act 2021

s. 69(3)(b)

s. 144

s. 147(3)

(4)

Environmental Protection Act 1990

s. 34ZB(8A)

Environment Act 2021

s. 69(5)(b)

s. 144

s. 147(3)

(4)

Environmental Protection Act 1990

s. 45A-45AZG

Environment Act 2021

s. 57(4)

s. 144

s. 147(3)

Environmental Protection Act 1990

s. 46(2)(a)

(b)

Environment Act 2021

s. 57(5)

s. 144

s. 147(3)

Environmental Protection Act 1990

s. 161(2AA)

(2AB)

Environment (Wales) Act 2016

Deddf yr Amgylchedd (Cymru) 2016

s. 69(4)

s. 88(3)(b)

Environmental Protection Act 1990

s. 106A

Genetic Technology (Precision Breeding) Act 2023

s. 41(2)

s. 46

s. 48(4)

SCHEDULES

F1SCHEDULE 5 . . .

Annotations:

Amendments (Textual)

Sch. 5 repealed (27.8.1993) by 1993 c. 12, ss. 50, 51(2), Sch. 6 Pt.I (with ss. 42, 46)

Part I Miscellaneous and Consequential Amendments

Directions to chief inspector

12

After section 12 of the 1960 Act there shall be inserted the following sections—

12A Power of Secretary of State to give directions to chief inspector.
1
The Secretary of State may, if he thinks fit in relation to—
a
an application for registration under section one or section three of this Act,
b
an application for an authorisation under section six or section seven of this Act,
c
any such registration or authorisation,
give directions to the chief inspector requiring him to take any of the steps mentioned in the following subsections in accordance with the directions.
2
A direction under the preceding subsection may require the chief inspector so to exercise his powers under this Act as—
a
to refuse an application for registration or authorisation, or
b
to effect or grant a registration or authorisation, attaching such limitations or conditions (if any) as may be specified in the direction, or
c
to vary a registration or authorisation, as may be so specified, or
d
to cancel or revoke (or not to cancel or revoke) a registration or authorisation.
3
The Secretary of State may give directions to the chief inspector, as respects any registration or authorisation, requiring him to serve a notice under section 11B or section 11C of this Act in such terms as may be specified in the directions.
4
The Secretary of State may give directions requiring the chief inspector to send such written particulars relating to, or to activities carried on in pursuance of, registrations effected or authorisations granted under any provision of this Act as may be specified in the directions to such local authorities as may be so specified.
12B Power of Secretary of State to require certain applications to be determined by him.
1
The Secretary of State may—
a
give general directions to the chief inspector requiring him to refer applications under this Act for registrations or authorisations of any description specified in the directions to the Secretary of State for his determination; and
b
give directions to the chief inspector in respect of any particular application requiring him to refer the application to the Secretary of State for his determination.
2
Where an application is referred to the Secretary of State in pursuance of directions given under this section the Secretary of State may cause a local inquiry to be held in relation to the application.
3
Subsections (2) to (5) of section 250 of the Local Government Act 1972 (supplementary provisions about local enquiries under that section) shall apply to inquiries in pursuance of subsection (2) above as if, in subsection (4) of that section, the words “such local authority or” were omitted.
4
In Scotland, subsections (2) to (8) of section 210 of the Local Government (Scotland) Act 1973 (power to direct inquiries) shall apply to inquiries in pursuance of subsection (2) above.
5
After determining any application so referred, the Secretary of State may give the chief inspector directions under section 12A of this Act as to the steps to be taken by him in respect of the application.