Environmental Protection Act 1990

The Environmental Protection Act 1990 (initialism: EPA) is an Act of the Parliament of the United Kingdom that as of 2008 defines, within England and Wales and Scotland, the fundamental structure and authority for waste management and control of emissions into the environment.

Part I establishes a general regime by which the Secretary of State, as of 2008 the Secretary of State for Environment, Food and Rural Affairs, can prescribe any process or substance and set limits on it in respect of emissions into the environment. Authorisation and enforcement was originally in the hands of HM Inspectorate of Pollution and local authorities but, as of 1996, became the responsibility of the Environment Agency (EA) and Scottish Environment Protection Agency (SEPA). Operation of a prescribed process is prohibited without approval and there are criminal sanctions against offenders.

Part II sets out a regime for regulating and licensing the acceptable disposal of controlled waste on land. Controlled waste is any household, industrial and commercial waste (s.75(4)). Unauthorised or harmful depositing, treatment or disposal of controlled waste is prohibited with prohibition enforced by criminal sanctions. Further, there is a broad duty of care on importers, producers, carriers, keepers, treaters or disposers of controlled waste to prevent unauthorised or harmful activities. Breach of the duty of care is a crime. The Act demands that the Secretary of State create a National Waste Strategy for England and Wales, and the SEPA, a Strategy for Scotland. Local authorities have duties to collect controlled waste and to undertake recycling. There are criminal penalties on households and businesses who fail to cooperate with the local authorities' arrangements. Enforcement of these penalties sometimes proves controversial.

Part IIA was inserted by the Environment Act 1995 and defines a scheme of identification and compulsory remedial action for contaminated land.

Part III defines a class of statutory nuisances over which the local authority can demand remedial action supported by criminal penalties.

Part IV defines a set of criminal offences concerning litter.

Part VI defines a regime of statutory notification and risk assessment for genetically modified organisms (GMOs). There are duties with respect to the import, acquisition, keeping, release or marketing of GMOs and the Secretary of State has the power to prohibit specific GMOs if there is a danger of environmental damage.

Part VII of the Act created three new organisations: the Nature Conservancy Council for England, the Nature Conservancy Council for Scotland, and the Countryside Council for Wales. Since 1990, the English and Scottish Councils have been the subject of considerable reorganisation and, as of 2008, only the Welsh Council is still governed by the Act.

The Act superseded the requirements under section 1(1)(d) of the Health and Safety at Work etc. Act 1974 in respect of controlling noxious emissions (s.162(2)/ Sch.16).

In the operating year 2005/ 2006, the EA brought 880 prosecutions with an average fine of about £1,700, and 736 in 2006/ 2007 with an average fine of £6,773. There have also been sentences of imprisonment, including two of over 16 months in 2006/ 2007.