Royal Assent & Commencement of the Environmental Protection Act 1990

The Environmental Protection Act 1990 came into force on 1st November 1990 and was granted a 6-year commencement period. This Act has been amended several times since it’s original commencement, including the Environment Act 1995, the Waste Management (England and Wales) Regulations 2006 and the Noise and Statutory Nuisance Act 1993.

Background:

The Act was originally introduced to provide structure and authority over waste management and the control of emissions into the environment, and implements the European Union Waste Framework Directive in England, Wales and Scotland. Prior to 1990, there were several different Acts in place to regulate different aspects of environmental elements, such as air, water and land pollution. Introducing EPA 1990 meant these could all be integrated for the “best practicable environmental option”, strengthen controls on pollution, and give our heavier penalties with enforcement.

Parts:

The Act is split into 7 parts; these are:

- Part I - Prescribed processes and substances
- Part II - Disposal of controlled waste on land
- Part IIA - Contaminated land
- Part III - Statutory nuisances
- Part IV – Litter
- Part V - Amendment of the Radioactive Substances Act 1960
- Part VI - Genetically modified organisms

Each of these Acts have subsections that define the substances and objects under regulation.

Cases under EPA 1990

- In April 2017, a formal abatement notice was served to an individual living in Gateshead for the build of up dog faeces and urine in his yard. This notice required him to thoroughly clean and disinfect the yard, which was carried out by the landlord, but after further failure by the tenant to comply, he was charged for breaches under Section 80 of the Environmental Protection Act 1990.

Total fine: £660
Costs: £557

- 6 men have recently been sentenced for breaches in 2013 and 2014 of the Environmental Protection Act and the Environmental Permitting (England and Wales) Regulations 2010. The men illegally stored waste outside of permitted areas to avoid high rates of landfill tax and blended different wastes together.

The men had to contribute towards prosecution costs totalling £21500 and were all sentenced to jail time of varying amounts, some suspended with requirements to undertake set hours of unpaid labour.

- Also recently, in November 2017, a gentleman in Oxfordshire was sentenced to an 8 week prison sentence for fly tipping twice on the same day, and as such breaching the Environmental Protection Act 1990.

In addition to his jail time, he also had to pay £200 in costs and a victim surcharge of £115