1996 No. 593
The Environment Act 1995 (Consequential Amendments) Regulations 1996
Made
Laid before Parliament
Coming into force
The Secretary of State, being satisfied that it is expedient by reason of the coming into force of provisions of the Environment Act 19951 to make additional consequential amendments of the public general enactments and subordinate legislation specified in these Regulations, in exercise of his powers under section 120(1) and (5) of that Act, hereby makes the following Regulations:
Citation and commencement1
These Regulations may be cited as the Environment Act 1995 (Consequential Amendments) Regulations 1996 and shall come into force on 1st April 1996.
Amendment of references to the National Rivers Authority in other enactments2
In each of the enactments specified in Schedule 1 to these Regulations, any reference (however framed) to the National Rivers Authority, and any reference which falls to be construed as such a reference, shall be construed on and after 1st April 1996 as a reference to the Environment Agency.
The Environment Act 1995: consequential amendments to other enactments3
The legislation mentioned in Schedule 2 to these Regulations shall have effect with the amendments there specified (being amendments consequential on the coming into force of provisions of the Environment Act 1995).
Signed by authority of the Secretary of State
SCHEDULE 1
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SCHEDULE 2
The Public Bodies (Admission to Meetings) Act 19601
In paragraph 1(j) of the Schedule to the Public Bodies (Admission to Meetings) Act 19607 (which includes as bodies to which that Act applies advisory committees established and maintained under section 7 or 8 of the Water Resources Act 19918), for the words “section 7 or 8 of the Water Resources Act 1991” there shall be substituted the words “section 12 or 13 of the Environment Act 1995”.
The Control of Pollution Act 19742
In section 6(4)(b) of the Control of Pollution Act 19749 (registers) the words “at its principal office” shall be omitted.
The Water Act 1989
3
1
Section 174 of the Water Act 198910 (general restrictions on disclosure of information) shall be amended as follows.
2
In subsection (2)(a) (exceptions from prohibition on disclosure)—
a
for the words “the Authority” there shall be substituted the words “the Environment Agency, the Scottish Environment Protection Agency”; and
b
after the words “any of the water consolidation Acts” there shall be added the words “or the Environment Act 1995”.
3
In subsection (2)(j) after the words “any of the water consolidation Acts” there shall be inserted the words “, the Environment Act 1995”.
4
In subsection (4)—
a
for the words “the Authority” there shall be substituted the words “the Environment Agency, the Scottish Environment Protection Agency”; and
b
after the words “the water consolidation Acts” there shall be added the words “or the Environment Act 1995”.
4
1
Paragraph 1 of Schedule 25 to the Water Act 1989 (adaptation of enactments relating to statutory undertakers etc.) shall be amended as follows.
2
In sub-paragraphs (1)(a), (3), (4) and (9)(a) for the words “the Authority” wherever appearing there shall be substituted the words “the Environment Agency”.
3
In sub-paragraphs (6) and (11) for the words “the National Rivers Authority” there shall be substituted the words “the Environment Agency”.
The Sludge (Use in Agriculture) Regulations 19895
1
The Sludge (Use in Agriculture) Regulations 198911 shall be amended as follows.
2
In regulation 7(1) (supply of information about sludge)—
a
for the words “the Secretary of State” in both places there shall be substituted the words “the Environment Agency”;
b
for the word “he” there shall be substituted the word “it”.
3
In regulation 8(2) (dedicated sites) for the words “the Secretary of State” there shall be substituted the words “the Environment Agency”.
4
In paragraph 2(2)(c) of Schedule 2 (testing of agricultural soil) for the words “the Secretary of State” there shall be substituted the words “the Environment Agency”.
The Environmental Protection Act 19906
In section 64(6) of the Environmental Protection Act 199012 (registers) the words “at its principal office” shall be omitted.
The Planning and Compensation Act 19917
In Part I of Schedule 18 to the Planning and Compensation Act 199113 (interest on compensation), in the entries relating to the Water Resources Act 1991, after the words “ordinary drought order” there shall be added the words “or the drought permit”.
The Water Resources Act 19918
In each of sections 24(1) and 25(1) of the Water Resources Act 199114 (restrictions on abstraction and impounding), after the words “drought order” there shall be substituted the words “or drought permit”.
Controlled Waste (Registration of Carriers and Seizure of Vehicles) Regulations 19919
1
The Controlled Waste (Registration of Carriers and Seizure of Vehicles) Regulations 199115 shall be amended as follows.
2
In regulation 3(1)(a) (registers) the words “at their principal office” shall be omitted.
3
In regulation 14(1) (production of authority) for the words “the principal office” there shall be substituted the words “an office”.
Waste Management Licensing Regulations 199410
1
The Waste Management Licensing Regulations 199416 shall be amended as follows.
2
In regulation 8 (reports of hearings) for the words “section 43(2)(b) of that Act” there shall be substituted the words “section 114(1)(a) of the Environment Act 1995”.
3
In regulation 10 (particulars to be entered in public registers)—
a
at the end of paragraph (1)(m) there shall be added the words “or written reports under section 109(2) of the Environment Act 1995 by persons authorised by the authority under section 108(1) or (2) of that Act where the articles or substances seized and rendered harmless are waste”;
b
at the end of paragraph (2)(a) there shall be added—
aa
where a person authorised by the authority exercises any power under section 108(4) of the Environment Act 1995 in connection with the authority’s functions under Part II of the Environmental Protection Act 1990, a record showing when the power was exercised and indicating what information was obtained, and what action was taken, on that occasion;
c
in paragraph (3)—
i
after the word “England” there shall be inserted the words “or Wales”; and
ii
the words “which is not a waste regulation authority” shall be omitted.
4
In regulation 18(8) (registration in connection with exempt activities) the words “at its principal office” shall be omitted.
5
In Part I of Schedule 4 (Waste Framework Directive etc.)—
a
in the definition of “plan-making provisions” in paragraph 1 (interpretation)—
i
the word “and” where it first occurs shall be omitted; and
ii
at the end there shall be added the words “and section 44A of the Environmental Protection Act 1990 or, in Scotland, section 44B of that Act”17;
b
in Table 5 in paragraph 3(1) (meaning of competent authority etc.)—
i
in the second entry in column (1) for the words “sections 43(2)(b) of the 1990 Act” there shall be substituted the words “section 114(1)(a) of the Environment Act 1995”;
ii
at the end of the second entry in column (2) there shall be added the words “and preparing the strategy, or any modification of it, under section 44A or 44B of that Act”;
iii
in the fifth entry in column (1) for the words “section 15(3)(b) of the 1990 Act” there shall be substituted the words “section 114(1)(a) of the Environment Act 1995”;
c
in paragraph 12(9) (registration by professional collectors and transporters of waste, and by dealers and brokers) the words “at its principal office” shall be omitted;
d
in paragraph 13 (duty to carry out appropriate periodic inspections)—
i
in sub-paragraph (2) for the words “Sections 68(3) to (5), 69 and” there shall be substituted the word “Section” and the words “power to appoint inspectors, powers of entry and” shall be omitted;
ii
at the end of sub-paragraph (2) there shall be added—
2A
Section 108 of the Environment Act 1995 (powers of entry) shall apply as if the competent authority was an enforcing authority and its functions under this paragraph were pollution control functions.
6
In Part I of Schedule 5 (registration of brokers of controlled waste)—
a
in paragraph 2(1)(a) (registers) the words “at its principal office” shall be omitted;
b
at the end of paragraph 6 (appeals) there shall be added—
13
This paragraph is subject to 114 of the Environment Act 1995 (delegation or reference of appeals).
The Transfrontier Shipment of Waste Regulations 199411
1
The Transfrontier Shipment of Waste Regulations 199418 shall be amended as follows.
2
In regulation 6(7)(a) and (b) (transmission of notification by competent authority of despatch) for the words “in at least one local newspaper circulating in the area of that authority”, in both places where they occur, there shall be substituted the words “in such other manner as the authority consider appropriate for bringing the matters to which it relates to the attention of persons likely to be affected by them”.
3
In regulation 9—
a
in paragraph (5) the words “in Great Britain, by an inspector appointed under section 68(3) of the Environmental Protection Act 1990 and, in Northern Ireland,” shall be omitted;
b
in paragraph (6) the words “inspector or” shall be omitted;
c
in paragraph (7) the words “inspector or”, in each place where they occur, shall be omitted.
(This note is not part of the Regulations)