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/period-within-which-applications-under-act-to-be-determined

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

Period within which applications under Act to be determined

11

1

In section 1 of the 1960 Act (registration for users of radioactive material), after subsection (3) there shall be inserted the following subsection—

3A
An application for registration under this section which is duly made to the chief inspector may be treated by the applicant as having been refused if it is not determined within the prescribed period for determinations or within such longer period as may be agreed with the applicant.

2

In section 3 of that Act (registration for mobile apparatus), after the subsection (4A) inserted by paragraph 6(2) above there shall be inserted the following subsection—

4B
An application for registration under this section which is duly made to the chief inspector may be treated by the applicant as having been refused if it is not determined within the prescribed period for determinations or within such longer period as may be agreed with the applicant.

3

In section 8 of that Act (supplementary provisions relating to authorisations) after the subsection (3A) inserted by paragraph 4(2) above there shall be inserted the following subsection—

3B
An application for an authorisation under section six or section seven of this Act (other than an application to which subsection (1) of this section applies) which is duly made to the chief inspector may be treated by the applicant as having been refused if it is not determined within the prescribed period for determinations or such longer period as may be agreed with the applicant.

4

In section 19 of that Act (interpretation)—

a

in subsection (1), after the definition of “prescribed”, there shall be inserted the following definition—

“the prescribed period for determinations”, in relation to any applications under this Act, means, subject to subsection (1A) below, the period of four months beginning with the day on which the application was received;

b

after subsection (1), there shall be inserted the following subsection—

1A
The Secretary of State may by order substitute for the period for the time being specified in the last preceding subsection as the prescribed period for determinations such other period as he considers appropriate.