Paragraph 2 Environmental Protection Act 1990

(1)

The Environmental Protection Act 1990^f1 is amended in accordance with sub-paragraphs (2) to (7).

(2)

In section 33 (prohibition on unauthorised or harmful deposit, treatment or disposal etc. of waste.)^f2—

(a)

for “a waste management licence” in each place where it appears, substitute “an authorisation under the Environmental Authorisations (Scotland) Regulations 2018^f3”,

(b)

in sub-section (1)(a), for “the licence” substitute “the authorisation”,

(c)

in sub-section (4), for “waste management licences” substitute “authorisations under the Environmental Authorisations (Scotland) Regulations 2018^f4”.

(3)

In section 34 (duty of care etc. as respects waste)^f5—

(a)

in sub-section (1)(aa) for “regulation 11 of the Pollution Prevention And Control (Scotland) Regulations 2012, or of a condition of a permit granted under those Regulations”, substitute “regulation 7 of the Environmental Authorisations (Scotland) Regulations 2018^f6, or of a condition of an authorisation granted under those Regulations”,

(b)

in sub-section (1)(c)(ii) for “or any condition of a permit granted under regulation 7 of those Regulations” substitute “or regulation 7 of the Environmental Authorisations (Scotland) Regulations 2018^f7, or of a condition of an authorisation granted under those Regulations”,

(c)

in sub-section (3)—

(i)

for paragraph (b) substitute—

“(b)

any authorised person in respect of an authorisation under the Environmental Authorisations (Scotland) Regulations 2018^f8, authorising waste management activities (excluding the transport of waste),”,

(ii)

for paragraph (d), substitute—

“(d)

any authorised person in respect of a permit or registration under the Environmental Authorisations (Scotland) Regulations 2018, authorising the transport of another person’s waste.”,

(iii)

omit paragraph (e).

(4)

In section 62(2)(f) (special provision with respect to certain dangerous or intractable waste), for “under section 64(1) below”, substitute “under regulation 38 of the Environmental Authorisations (Scotland) Regulations 2018^f9”.

(5)

In section 78A (preliminary)^f10, for subsection (4A) substitute—

“(4A)

“Harm”, in relation to the water environment, means—

(a)

harm to the health of human beings or other living organisms,

(b)

harm to the quality of the water environment, including—

(i)

harm to the quality of the water environment taken as a whole,

(ii)

other impairment of, or interference with, the quality of aquatic ecosystems or terrestrial ecosystems directly depending on aquatic ecosystems,

(c)

offences to the senses of human beings,

(d)

damage to property, or

(e)

impairment of, or interference with, amenities or other legitimate uses of the water environment.”,

(6)

In section 78YB (interaction of this part with other enactments)^f11—

(a)

for subsection (1A)(a), substitute—

“(a)

the significant harm (if any), or the significant harm to the water environment (if any), by reason of which the contaminated land in question is such land, is as a result of any activity to which the Environmental Authorisations (Scotland) Regulations 2018 (“the 2018 Regulations”)^f12 apply, and”.

(b)

for subsection (1A)(b), substitute—

“(b)

one or more of the following sub-paragraphs apply—

(i)

the activity is authorised under the 2018 Regulations,

(ii)

the Scottish Environment Protection Agency has served, or has advised the enforcing authority that it intends to serve, either a notice under regulation 31 (revocation notice), regulation 46(2) (regulatory notice), or paragraph 14(2) of schedule 1 (surrender notice of the 2018 Regulations requiring steps to be taken to prevent, mitigate or remedy the harm referred to in sub-paragraph (a)),

(iii)

the Scottish Environment Protection Agency has taken, is taking or has advised the enforcing authority that it intends to take, steps to prevent, mitigate or remedy the harm in question (or has secured, is securing, or has advised the enforcing authority that it intends to secure, the taking of such steps) under regulation 62 (action by SEPA) of the 2018 Regulations,

(iv)

an order has been made under regulation 75 (powers of the court to order offence to be remedied) of the 2018 Regulations requiring steps to be taken to remedy or mitigate the harm.”.

(c)

omit subsections (2), (2A), (2B), (2C) and (4).

Annotations

Footnotes

f1: 1990 c. 43.
f2: Section 33 was relevantly amended by the Regulatory Reform (Scotland) Act 2014 (asp 3) s. 61(2), schedule 3, paragraph 40(2) and S.S.I. 2009/247, S.S.I. 2011/226, S.S.I. 2019/26 and S.S.I. 2019/26.
f3: S.S.I. 2018/219, as amended by S.S.I. 2019/26, S.S.I. 2023/374 and S.S.I. 2025/XXX.
f4: S.S.I. 2018/219, as amended by S.S.I. 2019/26, S.S.I. 2023/374 and S.S.I. 2025/XXX.
f5: Section 34(1) was relevantly amended by the Environmental Protection Act 1990 (c. 43) schedule 16, paragraph 1, S.S.I. 2009/247 and S.S.I. 2012/360.
f6: S.S.I. 2018/219, amended by S.S.I. 2019/26, S.S.I. 2023/374 and S.S.I. 2025/XXX.
f7: S.S.I. 2018/219, amended by S.S.I. 2019/26, S.S.I. 2023/374 and S.S.I. 2025/XXX.
f8: S.S.I. 2018/219, amended by S.S.I. 2019/26, S.S.I. 2023/374 and S.S.I. 2025/XXX.
f9: S.S.I. 2018/219, amended by S.S.I. 2019/26, S.S.I. 2023/374 and S.S.I. 2025/XXX.
f10: Section 78A was inserted by the Environment Act 1995 (c. 25) section 57 and relevantly amended by S.S.I. 2005/658.
f11: Section 78YB was inserted by the Environment Act 1995 (c. 25) section 57 and relevantly amended by S.S.I. 2016/99.
f12: S.S.I. 2018/219, amended by S.S.I. 2019/26, S.S.I. 2023/374 and S.S.I. 2025/XXX.