Environmental Protection Act 1990
The Environmental Protection Act 1990 (EPA 1990) established a comprehensive framework for environmental regulation in England, Wales, and Scotland. Part I introduced Integrated Pollution Control (IPC) for industrial processes, replaced by the Pollution Prevention and Control regime under the Pollution Prevention and Control Act 1999. Part II reformed the law on waste management, introducing the duty of care for waste and the concept of the waste hierarchy. Part IIA (inserted by the Environment Act 1995) created the contaminated land regime. The Act also created the offence of statutory nuisance and established the powers of environmental authorities. The Act has been extensively amended by subsequent environmental legislation.
Legal area: Environmental law regulates the impact of human activities on the natural environment, including pollution control, waste management, and climate change mitigation.
Citation: Environmental Protection Act 1990 (1990 c 43)
Full text: https://www.legislation.gov.uk/ukpga/1990/43
Key Provisions
- Part I: Integrated Pollution Control (re IPC - largely replaced by PPC regime)
- Part II: Waste on land (duty of care, waste management licences)
- Section 34: Duty of care for waste (transfer, storage, disposal)
- Part IIA: Contaminated land (identification and remediation)
- Part III: Statutory nuisances (premises, smoke, fumes, dust, noise)
- Part IV: Litter (duty to keep land clear of litter)
- Section 33: Prohibition on unauthorised or harmful deposit of waste
Significance
The EPA 1990 was a landmark environmental statute that established the foundations of modern UK environmental law. Its waste management provisions created a duty of care that applies to anyone who produces, imports, carries, keeps, treats, or disposes of waste. The contaminated land regime (Part IIA) was ground-breaking in creating a ‘suitable for use’ approach to remediation. The statutory nuisance provisions remain an important local authority enforcement tool. The Act has been supplemented by the Environment Act 1995, the Clean Air Act 1993, the Waste (England and Wales) Regulations 2011, and the Environment Act 2021.