3.Sections 1 and 2 of the Act confer on the Secretary of State power to make regulations providing for a new pollution control system to meet the requirements of European Council Directive 96/61/EC on Integrated Pollution Prevention and Control (the “IPPC Directive”) and for other measures to prevent and control pollution. It is intended that, generally, these regulation making powers will be transferred to the National Assembly for Wales in so far as they are exercisable in relation to Wales, and to the Scottish Executive in so far as exercisable in or as regards Scotland.
4.Section 3 of the Act enables the Secretary of State to make regulations conferring powers to prevent pollution following an accident involving an offshore installation. Section 4 addresses a problem arising under the transitional provisions in Part II of the Environmental Protection Act 1990 (the "1990 Act") by removing time limits applying to waste disposal licences inherited from the regime under the Control of Pollution Act 1974. Amongst other things, this means that holders of such licences will not be able to walk away from their waste disposal sites until it is shown that the site is unlikely to cause pollution of the environment or harm to human health.
Summary