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The Environmental Protection Act 1990 (Commencement No. 4) Order 1990

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Statutory Instruments

1990 No. 2635 (C.74)

ENVIRONMENTAL PROTECTION

The Environmental Protection Act 1990 (Commencement No. 4) Order 1990

Made

18th December 1990

The Secretary of State, in exercise of the powers conferred upon him by section 164(3) of the Environmental Protection Act 1990(1), hereby makes the following Order:

Citation

1.  This Order may be cited as the Environmental Protection Act 1990 (Commencement No. 4) Order 1990.

Provisions coming into force on 19th December 1990

2.  Section 3 of the Environmental Protection Act 1990 shall come into force on 19th December 1990.

Provisions coming into force on 1st January 1991

3.  Sections 1, 2, 4 to 28, 100 to 104, 105 (in so far as it is not already in force), 159 and 162(2) (in so far as it relates to Part V of Schedule 16) of the Environmental Protection Act 1990 shall come into force on 1st January 1991.

Revocation

4.  Article 3 of the Environmental Protection Act 1990 (Commencement No. 3) Order 1990(2) is hereby revoked.

Michael Heseltine

One of Her Majesty’s Principal Secretaries of State

18th December 1990

Explanatory Note

(This note is not part of the Order)

Article 2 of this Order brings into force on 19th December 1990 section 3 of the Environmental Protection Act 1990 (“the 1990 Act”) which confers power on the Secretary of State to make regulations and plans in relation to emission limits and quality objectives.

Article 3 of the Order brings into force on 1st January 1991 other provisions of the 1990 Act relating to—

(a)integrated pollution control and air pollution control by local authorities (this new system of control will not in practice come into operation until regulations are made under Part I of the 1990 Act);

(b)the appointment of a chief inspector and other inspectors under the Radioactive Substances Act 1960 (c. 34) (“the 1960 Act”);

(c)inspectors' enforcement powers, hearings and appeals, and fees and charges under the 1960 Act;

(d)the withdrawal of exemptions of the United Kingdom Atomic Energy Authority from certain requirements of the 1960 Act and other minor and consequential amendments and repeals of that Act;

(e)the application to the Crown of the 1990 Act and of regulations and orders made under it.

Article 4 revokes article 3 of the Environmental Protection Act 1990 (Commencement No. 3) Order 1990. This Order provides a comprehensive list of the provisions of the 1990 Act which are brought into operation on 1st January by commencement order.

Note as to Earlier Commencement Orders

(This note is not part of the Order)

The following provisions of the Environmental Protection Act 1990 have been brought into force by commencement orders made before the date of this Order:

ProvisionsDate of CommencementS.I. No.
ss. 128 to 139, save for the amendments made by ss. 128, 130 and 1325.11.19901990/2226
s. 89(7), (8), (9), (11), (12) and (13)12.11.19901990/2243
s. 105 (partially)7.12.19901990/2565

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