Environment Act 1995 (c. 25)

(The document as of February, 2008)

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(c) in England and Wales, the highway authority for any highway in the area to which the review or, as the case may be, the action plan or revision relates;

(d) every local authority whose area is contiguous to the authority's area;

(e) any county council in England whose area consists of or includes the whole or any part of the authority's area;

(f) any National Park authority for a National Park whose area consists of or includes the whole or any part of the authority's area;

(g) such public authorities exercising functions in, or in the vicinity of, the authority's area as the authority may consider appropriate;

(h) such bodies appearing to the authority to be representative of persons with business interests in the area to which the review or action plan in question relates as the authority may consider appropriate;

(j) such other bodies or persons as the authority considers appropriate.

(3) In this paragraph "National Park authority", subject to sub-paragraph (4) below, means a National Park authority established under section 63 of this Act which has become the local planning authority for the National Park in question.

(4) As respects any period before a National Park authority established under section 63 of this Act in relation to a National Park becomes the local planning authority for that National Park, any reference in sub-paragraph (2) above to a National Park authority shall be taken as a reference to the National Park Committee or joint or special planning board for that National Park.

Exchange of information with county councils in England

2 (1) This paragraph applies in any case where a district in England for which there is a district council is comprised in an area for which there is a county council; and in this paragraph--

(a) any reference to the county council is a reference to the council of that area; and

(b) any reference to a district council is a reference to the council of a district comprised in that area.

(2) It shall be the duty of the county council to provide a district council with all such information as is reasonably requested by the district council for purposes connected with the carrying out of its functions under or by virtue of this Part.

(3) It shall be the duty of a district council to provide the county council with all such information as is reasonably requested by the county council for purposes connected with the carrying out of any of its functions relating to the assessment or management of the quality of air.

(4) Information provided to a district council or county council under sub-paragraph (2) or (3) above shall be provided in such form and in such manner and at such times as the district council or, as the case may be, the county council may reasonably require.

(5) A council which provides information under sub-paragraph (2) or (3) above shall be entitled to recover the reasonable cost of doing so from the council which requested the information.

(6) The information which a council may be required to provide under this paragraph shall include information which, although it is not in the possession of the council or would not otherwise come into the possession of the council, is information which it is reasonable to require the council to obtain.

Joint exercise of local authority functions

3 (1) The appropriate authority may give directions to any two or more local authorities requiring them to exercise the powers conferred by--

(a) section 101(5) of the [1972 c. 70.] Local Government Act 1972 (power of two or more local authorities to discharge functions jointly), or

(b) section 56(5) of the [1973 c. 65.] Local Government (Scotland) Act 1973 (which makes similar provision for Scotland),

in relation to functions under or by virtue of this Part in accordance with the directions.

(2) The appropriate authority may give directions to a local authority requiring it--

(a) not to exercise those powers, or

(b) not to exercise those powers in a manner specified in the directions,

in relation to functions under or by virtue of this Part.

(3) Where two or more local authorities have exercised those powers in relation to functions under or by virtue of this Part, the appropriate authority may give them directions requiring them to revoke, or modify in accordance with the directions, the arrangements which they have made.

(4) In this paragraph, "the appropriate authority" means--

(a) in relation to England and Wales, the Secretary of State; and

(b) in relation to Scotland, SEPA acting with the approval of the Secretary of State.

Public access to information about air quality

4 (1) It shall be the duty of every local authority--

(a) to secure that there is available at all reasonable times for inspection by the public free of charge a copy of each of the documents specified in sub-paragraph (2) below; and

(b) to afford to members of the public facilities for obtaining copies of those documents on payment of a reasonable charge.

(2) The documents mentioned in sub-paragraph (1)(a) above are--

(a) a report of the results of any air quality review which the authority has caused to be conducted;

(b) a report of the results of any assessment which the authority has caused to be made under section 82 or 84 of this Act;

(d) any action plan prepared by the authority;

(e) any proposals or statements submitted to the authority pursuant to subsection (3) or (4) of section 86 of this Act;

(f) any directions given to the authority under this Part;

(g) in a case where section 86 of this Act applies, any directions given to the county council under this Part.

Fixed penalty offences

5 (1) Without prejudice to the generality of paragraph (o) of subsection (2) of section 87 of this Act, regulations may, in particular, make provision--

(a) for the qualifications, appointment or authorisation of persons who are to issue fixed penalty notices;

(b) for the offences in connection with which, the cases or circumstances in which, the time or period at or within which, or the manner in which fixed penalty notices may be issued;

(c) prohibiting the institution, before the expiration of the period for paying the fixed penalty, of proceedings against a person for an offence in connection with which a fixed penalty notice has been issued;

(d) prohibiting the conviction of a person for an offence in connection with which a fixed penalty notice has been issued if the fixed penalty is paid before the expiration of the period for paying it;

(e) entitling, in prescribed cases, a person to whom a fixed penalty notice is issued to give, within a prescribed period, notice requesting a hearing in respect of the offence to which the fixed penalty notice relates;

(f) for the amount of the fixed penalty to be increased by a prescribed amount in any case where the person liable to pay the fixed penalty fails to pay it before the expiration of the period for paying it, without having given notice requesting a hearing in respect of the offence to which the fixed penalty notice relates;

(g) for or in connection with the recovery of an unpaid fixed penalty as a fine or as a civil debt or as if it were a sum payable under a county court order;

(h) for or in connection with execution or other enforcement in respect of an unpaid fixed penalty by prescribed persons;

(j) for a fixed penalty notice, and any prescribed proceedings or other prescribed steps taken by reference to the notice, to be rendered void in prescribed cases where a person makes a prescribed statutory declaration, and for the consequences of any notice, proceedings or other steps being so rendered void (including extension of any time limit for instituting criminal proceedings);

(k) for or in connection with the extension, in prescribed cases or circumstances, by a prescribed person of the period for paying a fixed penalty;

(l) for or in connection with the withdrawal, in prescribed circumstances, of a fixed penalty notice, including--

(i) repayment of any amount paid by way of fixed penalty in pursuance of a fixed penalty notice which is withdrawn; and

(ii) prohibition of the institution or continuation of proceedings for the offence in connection with which the withdrawn notice was issued;

(m) for or in connection with the disposition of sums received by way of fixed penalty;

(n) for a certificate purporting to be signed by or on behalf of a prescribed person and stating either--

(i) that payment of a fixed penalty was, or (as the case may be) was not, received on or before a date specified in the certificate, or

(ii) that an envelope containing an amount sent by post in payment of a fixed penalty was marked as posted on a date specified in the certificate,

to be received as evidence of the matters so stated and to be treated, without further proof, as being so signed unless the contrary is shown;

(o) requiring a fixed penalty notice to give such reasonable particulars of the circumstances alleged to constitute the fixed penalty offence to which the notice relates as are necessary for giving reasonable information of the offence and to state--

(i) the monetary amount of the fixed penalty which may be paid;

(ii) the person to whom, and the address at which, the fixed penalty may be paid and any correspondence relating to the fixed penalty notice may be sent;

(iii) the method or methods by which payment of the fixed penalty may be made;

(iv) the period for paying the fixed penalty;

(v) the consequences of the fixed penalty not being paid before the expiration of that period;

(p) similar to any provision made by section 79 of the [1988 c. 53.] Road Traffic Offenders Act 1988 (statements by constables in fixed penalty cases);

(q) for presuming, in any proceedings, that any document of a prescribed description purporting to have been signed by a person to whom a fixed penalty notice has been issued has been signed by that person;

(r) requiring or authorising a fixed penalty notice to contain prescribed information relating to, or for the purpose of facilitating, the administration of the fixed penalty system;

(s) with respect to the giving of fixed penalty notices, including, in particular, provision with respect to--

(i) the methods by which,

(ii) the officers, servants or agents by, to or on whom, and

(iii) the places at which,

fixed penalty notices may be given by, or served on behalf of, a prescribed person;

(t) prescribing the method or methods by which fixed penalties may be paid;

(u) for or with respect to the issue of prescribed documents to persons to whom fixed penalty notices are or have been given;

(w) for a fixed penalty notice to be treated for prescribed purposes as if it were an information or summons or any other document of a prescribed description.

(2) The provision that may be made by regulations prescribing fixed penalty offences includes provision for an offence to be a fixed penalty offence--

(a) only if it is committed in such circumstances or manner as may be prescribed; or

(b) except if it is committed in such circumstances or manner as may be prescribed.

(3) Regulations may provide for any offence which is a fixed penalty offence to cease to be such an offence.

(4) An offence which, in consequence of regulations made by virtue of sub-paragraph (3) above, has ceased to be a fixed penalty offence shall be eligible to be prescribed as such an offence again.

(5) Regulations may make provision for such exceptions, limitations and conditions as the Secretary of State considers necessary or expedient.

(6) In this paragraph--

"fixed penalty" means a penalty of such amount as may be prescribed (whether by being specified in, or made calculable under, regulations);
"fixed penalty notice" means a notice offering a person an opportunity to discharge any liability to conviction for a fixed penalty offence by payment of a penalty of a prescribed amount;
"fixed penalty offence" means, subject to sub-paragraph (2) above, any offence (whether under or by virtue of this Part or any other enactment) which is for the time being prescribed as a fixed penalty offence;
"the fixed penalty system" means the system implementing regulations made under or by virtue of paragraph (o) of subsection (2) of section 87 of this Act;
"the period for paying", in relation to any fixed penalty, means such period as may be prescribed for the purpose;
"regulations" means regulations under or by virtue of paragraph (o) of subsection (2) of section 87 of this Act.

Section 92.

SCHEDULE 12 Schedule 2A to the Environmental Protection Act 1990

Sections 44A and 44B.

" Schedule 2A Objectives for the purposes of the national waste strategy

1 Ensuring that waste is recovered or disposed of without endangering human health and without using processes or methods which could harm the environment and, in particular, without--

(a) risk to water, air, soil, plants or animals;

(b) causing nuisance through noise or odours; or

2 Establishing an integrated and adequate network of waste disposal installations, taking account of the best available technology not involving excessive costs.

3 Ensuring that the network referred to in paragraph 2 above enables--

(a) the European Community as a whole to become self-sufficient in waste disposal, and the Member States individually to move towards that aim, taking into account geographical circumstances or the need for specialised installations for certain types of waste; and

(b) waste to be disposed of in one of the nearest appropriate installations, by means of the most appropriate methods and technologies in order to ensure a high level of protection for the environment and public health.

4 Encouraging the prevention or reduction of waste production and its harmfulness, in particular by--

(a) the development of clean technologies more sparing in their use of natural resources;

(b) the technical development and marketing of products designed so as to make no contribution or to make the smallest possible contribution, by the nature of their manufacture, use or final disposal, to increasing the amount or harmfulness of waste and pollution hazards; and

(c) the development of appropriate techniques for the final disposal of dangerous substances contained in waste destined for recovery.

5 Encouraging--

(a) the recovery of waste by means of recycling, reuse or reclamation or any other process with a view to extracting secondary raw materials; and

(b) the use of waste as a source of energy. "

Section 96.

SCHEDULE 13 Review of Old Mineral Planning Permissions

Interpretation

1 (1) In this Schedule--

"dormant site" means a Phase I or Phase II site in, on or under which no minerals development has been carried out to any substantial extent at any time in the period beginning on 22nd February 1982 and ending with 6th June 1995 otherwise than by virtue of a planning permission which is not a relevant planning permission relating to the site;
"first list", in relation to a mineral planning authority, means the list prepared by them pursuant to paragraph 3 below;
"mineral planning authority"--
(a)
as respects England and Wales, means a mineral planning authority within the meaning of the 1990 Act, and
(b)
as respects Scotland, means a planning authority for the purposes of the 1972 Act;
"mineral site" has the meaning given by sub-paragraph (2) below;
"National Park" means an area designated as such under section 5(3) of the National Parks and Access to the [1949 c. 97.] Countryside Act 1949;
"old mining permission" has the meaning given--
(a)
as respects England and Wales, by section 22(1) of the 1991 Act, and
(b)
as respects Scotland, by section 49H(1) of the 1972 Act;
"owner", in relation to any land--
(a)
as respects England and Wales, means any person who--
(i)
is the estate owner in respect of the fee simple, or
(ii)
is entitled to a tenancy granted or extended for a term of years certain of which not less than seven years remains unexpired; and
(b)
as respects Scotland, has the meaning given by paragraph 10(1) of Schedule 10A to the 1972 Act;
"Phase I site" and "Phase II site" have the meaning given by paragraph 2 below;
"relevant planning permission" means any planning permission, other than an old mining permission or a planning permission granted by a development order, granted after 30th June 1948 for minerals development; and
"second list", in relation to a mineral planning authority, means the list prepared by them pursuant to paragraph 4 below.

(2) For the purposes of this Schedule, but subject to sub-paragraph (3) below, "mineral site" means--

(a) in a case where it appears to the mineral planning authority to be expedient to treat as a single site the aggregate of the land to which any two or more relevant planning permissions relate, the aggregate of the land to which those permissions relate; and

(b) in any other case, the land to which a relevant planning permission relates.

(3) In determining whether it appears to them to be expedient to treat as a single site the aggregate of the land to which two or more relevant planning permissions relate a mineral planning authority shall have regard to any guidance issued for the purpose by the Secretary of State.

(4) Any reference (however expressed) in this Schedule to an old mining permission or a relevant planning permission relating to a mineral site is a reference to the mineral site, or some part of it, being the land to which the permission relates; and where any such permission authorises the carrying out of development consisting of the winning and working of minerals but only in respect of any particular mineral or minerals, that permission shall not be taken, for the purposes of this Schedule, as relating to any other mineral in, on or under the land to which the permission relates.

(5) For the purposes of this Schedule, a mineral site which is a Phase I site or a Phase II site is active if it is not a dormant site.

(6) For the purposes of this Schedule, working rights are restricted in respect of a mineral site if any of--

(a) the size of the area which may be used for the winning and working of minerals or the depositing of mineral waste;

(b) the depth to which operations for the winning and working of minerals may extend;

(d) the rate at which any particular mineral may be extracted;

(e) the rate at which any particular mineral waste may be deposited;

(f) the period at the expiry of which any winning or working of minerals or depositing of mineral waste is to cease; or

(g) the total quantity of minerals which may be extracted from, or of mineral waste which may be deposited on, the site,

is restricted or reduced in respect of the mineral site in question.

(7) For the purposes of this Schedule, where an application is made under paragraph 9 below for the determination of the conditions to which the relevant planning permissions relating to the mineral site to which the application relates are to be subject, those conditions are finally determined when--

(a) the proceedings on the application, including any proceedings on or in consequence of an application under section 288 of the 1990 Act or, as the case may be, section 233 of the 1972 Act, have been determined, and

(b) any time for appealing under paragraph 11(1) below, or applying or further applying under paragraph 9 below, (where there is a right to do so) has expired.

Phase I and II sites

2 (1) This paragraph has effect for the purposes of determining which mineral sites are Phase I sites, which are Phase II sites, and which are neither Phase I nor Phase II sites.

(2) A mineral site is neither a Phase I site nor a Phase II site where--

(a) all the relevant planning permissions which relate to the site have been granted after 21st February 1982; or

(b) some only of the relevant planning permissions which relate to the site have been granted after 21st February 1982, and the parts of the site to which those permissions relate constitute the greater part of that site.

(3) With the exception of those mineral sites which, by virtue of sub-paragraph (2) above, are neither Phase I nor Phase II sites, every mineral site is either a Phase I site or a Phase II site.

(4) Subject to sub-paragraph (2) above, where any part of a mineral site is situated within--

(a) a National Park;

(b) a site in respect of which a notification under section 28 of the [1981 c. 69.] Wildlife and Countryside Act 1981 (sites of special scientific interest) is in force;

(c) an area designated under section 87 of the National Parks and Access to the [1949 c. 97.] Countryside Act 1949 as an area of outstanding natural beauty;

(d) an area designated as a National Scenic Area under section 262C of the 1972 Act; or

(e) an area designated as a Natural Heritage Area under section 6 of the [1991 c. 28.] Natural Heritage (Scotland) Act 1991,

that site is a Phase I site.

(5) Subject to sub-paragraphs (2) and (4) above, where--

(a) all the relevant planning permissions which relate to a mineral site, and which were not granted after 21st February 1982, were granted after the relevant day in 1969; or

(b) the parts of a mineral site to which relate such of the relevant planning permissions relating to the site as were granted after the relevant day in 1969 but before 22nd February 1982 constitute a greater part of the site than is constituted by those parts of the site to which no such relevant planning permission relates but to which a relevant planning permission granted on or before the relevant day in 1969 does relate,

the mineral site is a Phase II site.

(6) In sub-paragraph (5) above, "the relevant day in 1969" means--

(a) as respects England and Wales, 31st March 1969; and

(b) as respects Scotland, 7th December 1969.

(7) Every other mineral site, that is to say any mineral site other than one--

(a) which is, by virtue of sub-paragraph (2) above, neither a Phase I nor a Phase II site; or

(b) which is a Phase I site by virtue of sub-paragraph (4) above; or

is a Phase I site.

(8) In ascertaining, for the purposes of sub-paragraph (2) or (5) above, whether any parts of a mineral site constitute the greater part of that site, or whether a part of a mineral site is greater than any other part, that mineral site shall be treated as not including any part of the site--

(a) to which an old mining permission relates; or

(b) which is a part where minerals development has been (but is no longer being) carried out and which has, in the opinion of the mineral planning authority, been satisfactorily restored;

but no part of a site shall be treated, by virtue of paragraph (b) above, as being not included in the site unless the mineral planning authority are satisfied that any aftercare conditions which relate to that part have, so far as relating to that part, been complied with.

The "first list"

3 (1) A mineral planning authority shall, in accordance with the following provisions of this paragraph, prepare a list of mineral sites in their area ("the first list").

(2) A site shall, but shall only, be included in the first list if it is a mineral site in the area of the mineral planning authority and is either--

(a) an active Phase I site;

(b) an active Phase II site; or

(3) In respect of each site included in the first list, the list shall indicate whether the site is an active Phase I site, an active Phase II site or a dormant site.

(4) In respect of each active Phase I site included in the first list, that list shall specify the date by which an application is to be made to the mineral planning authority under paragraph 9 below.

(5) Any date specified pursuant to sub-paragraph (4) above shall be a date--

(a) not earlier than the date upon which expires the period of 12 months from the date on which the first list is first advertised in accordance with paragraph 5 below, and

(b) not later than the date upon which expires the period of three years from the date upon which the provisions of this Schedule come into force.

(6) The preparation of the first list shall be completed before the day upon which it is first advertised in accordance with paragraph 5 below.

The "second list"

4 (1) A mineral planning authority shall, in accordance with the following provisions of this paragraph, prepare a list of the active Phase II sites in their area ("the second list").

(2) The second list shall include each mineral site in the mineral planning authority's area which is an active Phase II site.

(3) In respect of each site included in the second list, that list shall indicate the date by which an application is to be made to the mineral planning authority under paragraph 9 below.

(4) Subject to paragraph (5) below, any date specified pursuant to sub-paragraph (3) above shall be a date--

(a) not earlier than the date upon which expires the period of 12 months from the date on which the second list is first advertised in accordance with paragraph 5 below, and

(b) not later than the date upon which expires the period of six years from the date upon which the provisions of this Schedule come into force.

(5) The Secretary of State may by order provide that sub-paragraph (4)(b) above shall have effect as if for the period of six years referred to in that paragraph there were substituted such longer period specified in the order.

(6) The power of the Secretary of State to make an order under sub-paragraph (5) above shall be exercisable by statutory instrument; and any statutory instrument containing such an order shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(7) The preparation of the second list shall be completed before the day upon which it is first advertised in accordance with paragraph 5 below.

Advertisement of the first and second lists

5 (1) This paragraph makes provision for the advertisement of the first and second lists prepared by a mineral planning authority.

(2) The mineral planning authority shall advertise each of the first and second lists by causing to be published, in each of two successive weeks, in one or more newspapers circulating in its area, notice of the list having been prepared.

(3) In respect of each of those lists, such notice shall--

(a) state that the list has been prepared by the authority; and

(b) specify one or more places within the area of the authority at which the list may be inspected, and in respect of each such place specify the times (which shall be reasonable times) during which facilities for inspection of the list will be afforded.

(4) In respect of the first list, such notice shall--

(a) be first published no later than the day upon which expires the period of three months from the date upon which the provisions of this Schedule come into force;

(b) explain the general effect of a mineral site being classified as a dormant site or, as the case may be, as an active Phase I site or an active Phase II site;

(c) explain the consequences which will occur if no application is made under paragraph 9 below in respect of an active Phase I site included in the list by the date specified in the list for that site;

(d) explain the effects for any dormant or active Phase I or II site not included in the list of its not being included in the list and--

(i) set out the right to make an application to the authority for that site to be included in the list;

(ii) set out the date by which such an application must be made; and

(iii) state that the owner of such a site has a right of appeal against any decision of the authority upon such an application; and

(e) explain that the owner of an active Phase I site has a right to apply for postponement of the date specified in the list for the making of an application under paragraph 9 below, and set out the date by which an application for such postponement must be made.

(5) In respect of the second list, such notice shall--

(a) be first published no later than the day upon which expires the period of three years, or such longer period as the Secretary of State may by order specify, from the date upon which the provisions of this Schedule come into force; and

(b) explain the consequences which will occur if no application is made under paragraph 9 below in respect of an active Phase II site included in the list by the date specified in the list for that site.

Applications for inclusion in the first list of sites not included in that list as originally prepared and appeals from decisions upon such applications

6 (1) Any person who is the owner of any land, or is entitled to an interest in a mineral, may, if that land or interest is not a mineral site included in the first list and does not form part of any mineral site included in that list, apply to the mineral planning authority for that land or interest to be included in that list.

(2) An application under sub-paragraph (1) above shall be made no later than the day upon which expires the period of three months from the day when the first list was first advertised in accordance with paragraph 5 above.

(3) Where the mineral planning authority consider that--

(a) the land or interest is, or forms part of, any dormant or active Phase I or II site, they shall accede to the application; or

(b) part only of the land or interest is, or forms part of, any dormant or active Phase I or II site, they shall accede to the application so far as it relates to that part of the land or interest,

but shall otherwise refuse the application.

(4) On acceding, whether in whole or in part, to an application made under sub-paragraph (1) above, the mineral planning authority shall amend the first list as follows--

(a) where they consider that the land or interest, or any part of the land or interest, is a dormant site or an active Phase I or II site, they shall add the mineral site consisting of the land or interest or, as the case may be, that part, to the first list and shall cause the list to indicate whether the site is an active Phase I site, an active Phase II site or a dormant site;

(b) where they consider that the land or interest, or any part of the land or interest, forms part of any mineral site included in the first list, they shall amend the entry in the first list for that site accordingly.

(5) Where the mineral planning authority amend the first list in accordance with sub-paragraph (4) above, they shall also--

(a) in a case where an active Phase I site is added to the first list pursuant to paragraph (a) of that sub-paragraph, cause that list to specify, in respect of that site, the date by which an application is to be made to the mineral planning authority under paragraph 9 below;

(b) in a case where--

(i) the entry for an active Phase I site included in the first list is amended pursuant to paragraph (b) of that sub-paragraph; and

(ii) the date specified in that list in respect of that site as the date by which an application is to be made to the mineral planning authority under paragraph 9 below is a date falling less than 12 months after the date upon which the authority make their decision upon the application in question,

cause that date to be amended so as to specify instead the date upon which expires the period of 12 months from the date on which the applicant is notified under sub-paragraph (10) below of the authority's decision upon his application.

(6) Any date specified pursuant to sub-paragraph (5)(a) above shall be a date--

(a) not earlier than the date upon which expires the period of 12 months from the date on which the applicant is notified under sub-paragraph (10) below of the mineral planning authority's decision upon his application, and

(b) not later than the later of--

(i) the date upon which expires the period of three years from the date upon which the provisions of this Schedule come into force; and

(ii) the date mentioned in paragraph (a) above.

(7) On acceding, whether in whole or in part, to an application made under sub-paragraph (1) above, the mineral planning authority shall, if the second list has been first advertised in accordance with paragraph 5 above prior to the time at which they make their decision on the application, amend the second list as follows--

(a) where they consider that the land or interest, or any part of the land or interest, is an active Phase II site, they shall add the mineral site consisting of the land or interest or, as the case may be, that part, to the second list;

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