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Section 1 General purpose of section 2 and definitions.

England, Wales and Scotland

(1)

The purpose of section 2 is to enable provision to be made for or in connection with—

F1(a)

Directive 2010/75/EU of the European Parliament and of the Council on industrial emissions (integrated pollution prevention and control);

(b)

regulating F2, otherwise than in pursuance of that Directive, activities which are capable of causing any environmental pollution;

(c)

otherwise preventing or controlling emissions capable of causing any such pollution.

(2)

In this Act—

  • “activities” means activities of any nature, whether—

    1. (a)

      industrial or commercial or other activities, or

    2. (b)

      carried on on particular premises or otherwise,

    and includes (with or without other activities) the depositing, keeping or disposal of any substance;

  • “environmental pollution” means pollution of the air, water or land which may give rise to any harm; and for the purposes of this definition (but without prejudice to its generality)—

    1. (a)

      “pollution” includes pollution caused by noise, heat or vibrations or any other kind of release of energy, and

    2. (b)

      “air” includes air within buildings and air within other natural or man-made structures above or below ground.

(3)

In the definition of “environmental pollution” in subsection (2), “harm” means—

(a)

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

(b)

harm to the quality of the environment, including—

(i)

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

(ii)

harm to the quality of the air, water or land, and

(iii)

other impairment of, or interference with, the ecological systems of which any living organisms form part;

(c)

offence to the senses of human beings;

(d)

damage to property; or

(e)

impairment of, or interference with, amenities or other legitimate uses of the environment (expressions used in this paragraph having the same meaning as in F3Directive 2010/75/EU).

Annotations

Textual amendments

F1

S. 1(1)(a) substituted (17.9.2018) by The Environment, Food and Rural Affairs (Miscellaneous Amendments and Revocations) Regulations 2018 (S.I. 2018/942), regs. 1(2), 4(2)(a)

F2

Words in s. 1(b) repealed (S.) (30.6.2014) by Regulatory Reform (Scotland) Act 2014 (asp 3), s. 61(2), Sch. 3 para. 7(b); S.S.I. 2014/160, art. 2(1)(2), Sch.

F3

Words in s. 1(3)(e) substituted (17.9.2018) by The Environment, Food and Rural Affairs (Miscellaneous Amendments and Revocations) Regulations 2018 (S.I. 2018/942), regs. 1(2), 4(2)(b)