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Environment Act 1995

1995 CHAPTER 25

ARRANGEMENT OF SECTIONS

Go to Preamble

  1. Part I

    The Environment Agency and the Scottish Environment Protection Agency

    1. Chapter I

      The Environment Agency

      1. Establishment of the Agency

        1. 1. The Environment Agency.

      2. Transfer of functions, property etc. to the Agency

        1. 2. Transfer of functions to the Agency.

        2. 3. Transfer of property, rights and liabilities to the Agency.

        3. 4. Principal aim and objectives of the Agency.

        4. 5. General functions with respect to pollution control.

        5. 6. General provisions with respect to water.

        6. 7. General environmental and recreational duties.

        7. 8. Environmental duties with respect to sites of special interest.

        8. 9. Codes of practice with respect to environmental and recreational duties.

        9. 10. Incidental functions of the Agency.

      3. Advisory committees

        1. 11. Advisory committee for Wales.

        2. 12. Environment protection advisory committees.

        3. 13. Regional and local fisheries advisory committees.

      4. Flood defence committees

        1. 14. Regional flood defence committees.

        2. 15. Composition of regional flood defence committees.

        3. 16. Change of composition of regional flood defence committee.

        4. 17. Local flood defence schemes and local flood defence committees.

        5. 18. Composition of local flood defence committees.

        6. 19. Membership and proceedings of flood defence committees.

    2. Chapter II

      The Scottish Environment Protection Agency

      1. Establishment of SEPA

        1. 20. The Scottish Environment Protection Agency.

      2. Transfer of functions, property etc. to SEPA

        1. 21. Transfer of functions to SEPA.

        2. 22. Transfer of property, rights and liabilities to SEPA.

        3. 23. Functions of staff commission.

      3. Other functions etc. of SEPA

        1. 24. Consultation with respect to drainage works.

        2. 25. Assessing flood risk.

        3. 26. Power of SEPA to purchase land compulsorily.

        4. 27. Power of SEPA to obtain information about land.

        5. 28. Power of SEPA to promote or oppose private legislation.

        6. 29. Procedure relating to making of byelaws.

        7. 30. Records held by SEPA.

      4. General powers and duties

        1. 31. Guidance on sustainable development and other aims and objectives.

        2. 32. General environmental and recreational duties.

        3. 33. General duties with respect to pollution control.

        4. 34. General duties with respect to water.

        5. 35. Environmental duties as respects Natural Heritage Areas and sites of special interest.

        6. 36. Codes of practice with respect to environmental and recreational duties.

    3. Chapter III

      Miscellaneous, General and Supplemental Provisions Relating to the New Agencies

      1. Additional general powers and duties

        1. 37. Incidental general functions.

        2. 38. Delegation of functions by Ministers etc. to the new Agencies.

        3. 39. General duty of the new Agencies to have regard to costs and benefits in exercising powers.

        4. 40. Ministerial directions to the new Agencies.

      2. Charging schemes

        1. 41. Power to make schemes imposing charges.

        2. 42. Approval of charging schemes.

      3. Incidental power to impose charges

        1. 43. Incidental power of the new Agencies to impose charges.

      4. General financial provisions

        1. 44. General financial duties.

        2. 45. Accounts and records.

        3. 46. Audit.

        4. 47. Grants to the new Agencies.

        5. 48. Borrowing powers.

        6. 49. Government loans to the new Agencies.

        7. 50. Government guarantees of a new Agency’s borrowing.

      5. Information

        1. 51. Provision of information by the new Agencies.

        2. 52. Annual report.

      6. Supplemental provisions

        1. 53. Inquiries and other hearings.

        2. 54. Appearance in legal proceedings.

        3. 55. Continuity of exercise of functions: the new Agencies.

        4. 56. Interpretation of Part I.

  2. Part II

    Contaminated Land and Abandoned Mines

    1. 57. Contaminated land.

    2. 58. Abandoned mines: England and Wales.

    3. 59. Abandoned mines: Scotland.

    4. 60. Amendments to sections 89 and 161 of the Water Resources Act 1991.

  3. Part III

    National Parks

    1. Purposes of National Parks

      1. 61. Purposes of National Parks.

      2. 62. Duty of certain bodies and persons to have regard to the purposes for which National Parks are designated.

    2. Establishment of National Park authorities

      1. 63. Establishment of National Park authorities.

      2. 64. National Park authorities in Wales.

    3. Functions of National Park authorities

      1. 65. General purposes and powers.

      2. 66. National Park Management Plans.

      3. 67. National Park authority to be local planning authority.

      4. 68. Planning authority functions under National Parks legislation etc.

      5. 69. Planning authority functions under the Wildlife and Countryside Act 1981.

      6. 70. Other statutory functions.

    4. Finances of National Park authorities

      1. 71. National Park authorities to be levying bodies.

      2. 72. National Park grant.

      3. 73. Capital finances and borrowing.

      4. 74. Validation of certain grants paid to local authorities in respect of expenditure relating to National Parks.

    5. Supplemental provisions

      1. 75. Powers to make orders.

      2. 76. Agreements as to incidental matters.

      3. 77. Isles of Scilly.

      4. 78. Minor and consequential amendments relating to National Parks.

      5. 79. Interpretation of Part III.

  4. Part IV

    Air Quality

    1. 80. National air quality strategy.

    2. 81. Functions of the new Agencies.

    3. 82. Local authority reviews.

    4. 83. Designation of air quality management areas.

    5. 84. Duties of local authorities in relation to designated areas.

    6. 85. Reserve powers of the Secretary of State or SEPA.

    7. 86. Functions of county councils for areas for which there are district councils.

    8. 87. Regulations for the purposes of Part IV.

    9. 88. Guidance for the purposes of Part IV.

    10. 89. Application of Part IV to the Isles of Scilly.

    11. 90. Supplemental provisions.

    12. 91. Interpretation of Part IV.

  5. Part V

    Miscellaneous, General and Supplemental Provisions

    1. Waste

      1. 92. National waste strategy.

      2. 93. Producer responsibility: general.

      3. 94. Producer responsibility: supplementary provisions.

      4. 95. Producer responsibility: offences.

    2. Mineral planning permissions

      1. 96. Mineral planning permissions.

    3. Hedgerows etc.

      1. 97. Hedgerows.

      2. 98. Grants for purposes conducive to conservation.

      3. 99. Consultation before making or modifying certain subordinate legislation for England.

    4. Drainage

      1. 100. Meaning of “drainage” in certain enactments.

      2. 101. Grants in connection with drainage works.

    5. Fisheries

      1. 102. Sea fisheries.

      2. 103. Other marine or aquatic environmental conservation powers.

      3. 104. Fixed penalty system for certain fisheries offences.

      4. 105. Minor and consequential amendments relating to fisheries.

    6. New provisions for Scotland

      1. 106. Control of pollution of water in Scotland.

      2. 107. Statutory nuisances: Scotland.

    7. Powers of entry

      1. 108. Powers of enforcing authorities and persons authorised by them.

      2. 109. Power to deal with cause of imminent danger of serious pollution etc.

      3. 110. Offences.

    8. Evidence

      1. 111. Evidence in connection with certain pollution offences.

    9. Offences

      1. 112. Amendment of certain offences relating to false or misleading statements or false entries.

    10. Information

      1. 113. Disclosure of information.

    11. Appeals

      1. 114. Power of Secretary of State to delegate his functions of determining, or to refer matters involved in, appeals.

    12. Crown application

      1. 115. Application of this Act to the Crown.

      2. 116. Application of certain other enactments to the Crown.

    13. Isles of Scilly

      1. 117. Application of this Act to the Isles of Scilly.

      2. 118. Application of certain other enactments to the Isles of Scilly.

    14. Miscellaneous and supplemental

      1. 119. Stamp duty.

      2. 120. Minor and consequential amendments, transitional and transitory provisions, savings and repeals.

      3. 121. Local statutory provisions: consequential amendments etc.

      4. 122. Directions.

      5. 123. Service of documents.

      6. 124. General interpretation.

      7. 125. Short title, commencement, extent, etc.

    1. Schedule 1

      1. The Environment Agency.

    2. Schedule 2

      Transfers of property etc: supplemental provisions.

      1. Part I

        Introductory.

      2. Part II

        Transfer schemes.

      3. Part III

        General provisions with respect to transfers by or under section 3 or 22.

    3. Schedule 3

      Environment protection advisory committees.

    4. Schedule 4

      Boundaries of regional flood defence areas.

    5. Schedule 5

      Membership and proceedings of regional and local flood defence committees.

      1. Part I

        Membership of flood defence committees.

      2. Part II

        Proceedings of flood defence committees.

    6. Schedule 6

      The Scottish Environment Protection Agency.

    7. Schedule 7

      National Park authorities.

    8. Schedule 8

      Supplemental and incidental powers of National Park authorities.

    9. Schedule 9

      Miscellaneous statutory functions of National Park authorities.

    10. Schedule 10

      Minor and consequential amendments relating to National Parks.

    11. Schedule 11

      Air quality: supplemental provisions.

    12. Schedule 12

      Schedule 2A to the Environmental Protection Act 1990.

    13. Schedule 13

      Review of old mineral planning permissions.

    14. Schedule 14

      Periodic review of mineral planning permissions.

    15. Schedule 15

      Minor and consequential amendments relating to fisheries.

    16. Schedule 16

      Pollution of rivers and coastal waters in Scotland: amendment of the Control of Pollution Act 1974.

    17. Schedule 17

      Statutory nuisances: Scotland.

    18. Schedule 18

      Supplemental provisions with respect to powers of entry.

    19. Schedule 19

      Offences relating to false or misleading statements or false entries.

    20. Schedule 20

      Delegation of appellate functions of the Secretary of State.

    21. Schedule 21

      Application of certain enactments to the Crown.

      1. Part I

        Enactments relating to England and Wales.

      2. Part II

        Enactments relating to Scotland.

    22. Schedule 22

      Minor and consequential amendments.

    23. Schedule 23

      Transitional and transitory provisions and savings.

      1. Part I

        General transitional provisions and savings.

      2. Part II

        Transitory provisions in respect of flood defence.

    24. Schedule 24

      Repeals and revocations.

An Act to provide for the establishment of a body corporate to be known as the Environment Agency and a body corporate to be known as the Scottish Environment Protection Agency; to provide for the transfer of functions, property, rights and liabilities to those bodies and for the conferring of other functions on them; to make provision with respect to contaminated land and abandoned mines; to make further provision in relation to National Parks; to make further provision for the control of pollution, the conservation of natural resources and the conservation or enhancement of the environment; to make provision for imposing obligations on certain persons in respect of certain products or materials; to make provision in relation to fisheries; to make provision for certain enactments to bind the Crown; to make provision with respect to the application of certain enactments in relation to the Isles of Scilly; and for connected purposes.

[19th July 1995]

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

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