Citation, interpretation and application

1.—(1) This Order may be cited as the Environment Act 1995 (Commencement No. 20 and Saving Provision) (Wales) Order 2001.

(2) In this Order:

“the 1990 Act” means the Environmental Protection Act 1990(2); and

“the 1995 Act” means the Environment Act 1995.

(3) The provisions of the Environment Act 1995 brought into force by this Order are brought into force for the purposes of their application to Wales only.

2.  The following provisions of the 1995 Act shall (in so far as not already in force) come into force on 15th September 2001:—

(a)section 57;

(b)section 120(1) in so far as it relates to paragraphs 79, 89, 91 and 92 of Schedule 22; and

(c)section 120(3) in so far as it relates to the repeal in Schedule 24 of sections 61 and 143 of the 1990 Act.

Saving provision

3.  Where, before 15th September 2001,—

(a)an abatement notice has been served under section 80(1) of the 1990 Act; or

(b)a complaint has been made to a magistrates' court under section 82(1) of the 1990 Act or an order made under section 82(2) of that Act,

it, and any proceedings consequent upon any such notice, complaint or order, shall continue to have effect notwithstanding the amendments made to section 79 of the 1990 Act by paragraph 89 of Schedule 22 to the 1995 Act.

Explanatory Note

(This note is not part of the Order)

Article 2 of this Order brings various provisions of the Environment Act 1995 (“the 1995 Act”) into force in respect of Wales on 15th September 2001.

Article 2(a) brings into force section 57 of the 1995 Act, which inserts a new Part IIA in the Environmental Protection Act 1990 (“the 1990 Act”). Part IIA provides for a regime for the identification and remediation of contaminated land.

Article 2(b) brings into force section 120(1) of the 1995 Act in so far as it relates to the following paragraphs in Schedule 22—

(a)paragraph 79, which provides for section 61 of the 1990 Act (duty of waste regulation authorities as respects closed landfills) to cease to have effect;

(b)paragraph 89, which amends section 79 of the 1990 Act (statutory nuisances and inspections therefor);

(c)paragraph 91, which provides for section 143 of the 1990 Act (public registers of land which may be contaminated) to cease to have effect; and

(d)paragraph 92, which amends section 161(4) of the 1990 Act (regulations, orders and directions).

Article 2(c) brings into force section 120(3) of the 1995 Act in so far as it relates to the repeal in Schedule 24 of sections 61 and 143 of the 1990 Act.

Article 3 makes saving provision in connection with the commencement of paragraph 89 of Schedule 22 of the 1995 Act.

The Environment Act 1995 (Commencement and Saving Provision) (Wales) Order 2001 (S.I. 2001/2351) (W.191)) was made by the National Assembly for Wales and purported to bring into force the provisions referred to above. The National Assembly for Wales subsequently found it did not have the power to make a commencement order in relation to these provisions. That order therefore had no effect, necessitating the making of the present order.

Note as to Earlier Commencement Orders

(This note is not part of the Order)