air quality objectives — objectives prescribed by virtue of section 87(2)(b) above; “air quality partner” has the meaning given by section 85A(1) Section 91(1)

air quality review — a review under section 82 or 85 above Section 91(1)

air quality standards — standards prescribed by virtue of section 87(2)(a) above Section 91(1)

appear — appear to the enforcing authority, and cognate expressions shall be construed accordingly Section 57(7)

appear — appear to the enforcing authority, and cognate expressions shall be construed accordingly Section 78K(7)

appointed person — a person appointed under section 114(1)(a) of this Act; and “appointment”, in the case of any appointed person, means appointment under section 114(1)(a) of this Act Schedule 20, paragraph 1

appropriate agency — the Agency or the Natural Resources Body for Wales Section 109N(1)

appropriate agency — the Agency or the Natural Resources Body for Wales; “the appropriate Minister”— in the case of the Agency, means the Secretary of State or the Minister; and in the case of SEPA, means the Secretary of State; “the appropriate Ministers”— in the case of the Agency, means the Secretary of State and the Minister; and in the case of SEPA, means the Secretary of State Section 56(1)

appropriate person — any person who is an appropriate person, determined in accordance with section 78F below, to bear responsibility for any thing which is to be done by way of remediation in any particular case; “charging notice” has the meaning given by section 78P(3)(b) below; “controlled waters”— in relation to England and Wales, has the same meaning as in Part III of the Water Resources Act 1991; and in relation to Scotland, has the same meaning as in section 30A of the Control of Pollution Act 1974; “creditor” has the same meaning as in the Conveyancing and Feudal Reform (Scotland) Act 1970 Section 57(9)

appropriate person — any person who is an appropriate person, determined in accordance with section 78F below, to bear responsibility for any thing which is to be done by way of remediation in any particular case; “charging notice” has the meaning given by section 78P(3)(b) below; “controlled waters”— in relation to England and Wales, has the same meaning as in Part III of the Water Resources Act 1991; and in relation to Scotland, has the same meaning as in section 30A of the Control of Pollution Act 1974; “creditor” has the same meaning as in the Conveyancing and Feudal Reform (Scotland) Act 1970 Section 78A(9)

approved Rate Support Grant Report — a Rate Support Grant Report which has been laid before and approved by a resolution of the House of Commons Section 74(3)

approved supplementary report — a supplementary report which has been laid before and approved by a resolution of the House of Commons Section 74(3)

authorised activity — any activity to which an environmental licence relates. ... .. Section 41(10)

authorised person — a person authorised under subsection (1) or (2) above; “document” includes anything in which information of any description is recorded (by any means) and any part of such a thing; “domestic property” has the meaning given by section 75(5)(a) of the Environmental Protection Act 1990 Section 108(15)

authorised person — a person who is authorised by the appropriate agency under section 108 Section 109N(1)

authorised person — a person authorised under section 108 above and includes a person designated under paragraph 2 of Schedule 18 to this Act; “powers and duties” includes powers or duties exercisable by virtue of a warrant under Schedule 18 to this Act Section 110(6)

by-wash — a passage through which water flows Schedule 15, paragraph 13(15)

charging authority — the Agency, the Natural Resources Body for Wales or SEPA Section 41A(7)

charging authority — the body that makes or proposes to make a charging scheme Section 42(11)

charging scheme — a scheme specifying, or providing for the determination of, any fees or charges Schedule 23, Part I, paragraph 4(3)

charging scheme — a scheme made under section 41 or 41A and Section 42(11)

combined county authority — a combined county authority established under section 9(1) of the Levelling-up and Regeneration Act 2023 Section 86C(5)

corporate joint committee — a corporate joint committee to which Part 6 of the Planning and Compulsory Purchase Act 2004 applies by virtue of regulations under Part 5 of the Local Government and Elections (Wales) Act 2021 Section 66(10)

Crown interest — an interest belonging to Her Majesty in right of the Crown, or belonging to a government department or held in trust for Her Majesty for the purposes of a government department Schedule 21, Part II, paragraph 5(7)

Crown interest — an interest belonging to Her Majesty in right of the Crown, or belonging to a government department or held in trust for Her Majesty for the purposes of a government department Schedule 21, Part II, paragraph 6(6)

Crown or Duchy interest — an interest which belongs to Her Majesty in right of the Crown or of the Duchy of Lancaster, or to the Duchy of Cornwall, or belonging to a government department or held in trust for Her Majesty for the purposes of a government department Schedule 21, Part I, paragraph 1(1)

Crown or Duchy interest — an interest which belongs to Her Majesty in right of the Crown or of the Duchy of Lancaster, or to the Duchy of Cornwall, or belonging to a government department or held in trust for Her Majesty for the purposes of a government department Schedule 21, Part I, paragraph 2(4)

Crown premises — premises held by or on behalf of the Crown. The provisions of subsection (3) of section 293 of the Town and Country Planning Act 1990 (questions relating to Crown application) as to the determination of questions shall apply for the purposes of this section Schedule 21, Part I, paragraph 1(1)

Crown premises — premises held by or on behalf of the Crown. The provisions of subsection (3) of section 293 of the Town and Country Planning Act 1990 (questions relating to Crown application) as to the determination of questions shall apply for the purposes of this section Schedule 21, Part I, paragraph 2(4)

Crown premises — premises held by or on behalf of the Crown Schedule 21, Part II, paragraph 3(6)

Crown premises — premises held or used by or on behalf of the Crown Schedule 21, Part II, paragraph 4(3C)

Crown premises — premises held by or on behalf of the Crown Schedule 21, Part II, paragraph 5(7)

Crown premises — premises held by or on behalf of the Crown Schedule 21, Part II, paragraph 6(6)

Crown premises — premises held or used by or on behalf of the Crown Section 115(5)

designated person — an authorised person, within the meaning of section 108 of this Act and includes a person designated by virtue of paragraph 2 below Schedule 18, paragraph 1(1)

disposal licence — a licence issued in pursuance of section 5 of this Act; “local Act” includes enactments in a public general Act which amend a local Act Schedule 16, paragraph 2(3)

disputed matter — any matter which— might be the subject of provision contained in an agreement under this section; and is the subject of such a dispute between two or more public authorities as is not resolved by or under provision contained in any order under this Part Section 76(4)

dormant site — 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 ”— . . ., means a mineral planning authority within the meaning of the 1990 Act, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . “ mineral site ” has the meaning given by sub-paragraph (2) below Schedule 13, paragraph 1(1)

drought permit — a drought permit under this section; “inland navigation” has the same meaning as in section 77 above Schedule 22, paragraph 140(11)

duly prescribed — prescribed by a Rate Support Grant Report or a supplementary report Section 74(3)

electoral arrangements — any electoral arrangements within the meaning of Part 3 of the Local Democracy, Economic Development and Construction Act 2009 or any corresponding arrangements in relation to any area in Wales Schedule 8, paragraph 7(3)

eligible function — any function of a Minister of the Crown which the Secretary of State, having regard to the functions conferred or imposed upon the new Agency in question under or by virtue of this Act or any other enactment, considers can appropriately be exercised by that new Agency (or any of its employees) on behalf of that Minister; “enactment” includes an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament; “Minister of the Crown” has the same meaning as in the Ministers of the Crown Act 1975 Section 38(10)

emergency — a case in which it appears to the authorised person in question— and for this purpose Section 108(15)

enforcing authority — — the Secretary of State; the Agency; the Natural Resources Body for Wales; a waste collection authority; SEPA; or a local enforcing authority Section 108(15)

enforcing authority — — in relation to a special site, the appropriate Agency; in relation to contaminated land other than a special site, the local authority in whose area the land is situated; “heritable security” has the same meaning as in the Conveyancing and Feudal Reform (Scotland) Act 1970; “local authority” in relation to England and Wales means— and in relation to Scotland means a council for an area constituted under section 2 of the Local Government etc. (Scotland) Act 1994; any unitary authority; any district council, so far as it is not a unitary authority; the Common Council of the City of London and, as respects the Temples, the Sub-Treasurer of the Inner Temple and the Under-Treasurer of the Middle Temple respectively Section 57(9)

enforcing authority — — in relation to a special site, the appropriate Agency; in relation to contaminated land other than a special site, the local authority in whose area the land is situated; “heritable security” has the same meaning as in the Conveyancing and Feudal Reform (Scotland) Act 1970; “local authority” in relation to England and Wales means— and in relation to Scotland means a council for an area constituted under section 2 of the Local Government etc. (Scotland) Act 1994; any unitary authority; any district council, so far as it is not a unitary authority; the Common Council of the City of London and, as respects the Temples, the Sub-Treasurer of the Inner Temple and the Under-Treasurer of the Middle Temple respectively Section 78A(9)

English National Park authority — a National Park authority for a National Park in England Schedule 7, paragraph 3(8)

English National Park authority — a National Park authority for a National Park in England Section 65A(4)

English or Welsh authorised person — a person authorised under subsection (1) or (2) by the Secretary of State, the Welsh Ministers, the Agency, the Natural Resources Body for Wales, a waste collection authority or a local enforcing authority in England or Wales; “English waste collection authority” has the same meaning as in section 45A of the Environmental Protection Act 1990; “flood risk activity enactment”, in relation to an enforcing authority, means an enactment relating to the flood risk activity functions of that authority; “flood risk activity functions”, in relation to the Agency or the Natural Resources Body for Wales, means the functions relating to flood risk activities conferred or imposed on it by or under regulations made under section 61 of the Water Act 2014 Section 108(15)

environmental conservation — conservation— of the natural beauty or amenity, or flora or fauna, of England or Wales; or of features of archaeological or historic interest in England or Wales; “hedgerow” includes any stretch of hedgerow Section 97(8)

financial year — a period of twelve months ending with 31st March; “functions” includes powers and duties; “modifications” includes additions, alterations and omissions and cognate expressions shall be construed accordingly Section 124(1)

first review date — the date set by the authority in accordance with sub-paragraph (2) below as the first review date for the purposes of the first periodic review of the mineral permissions relating to a mining site Schedule 14, paragraph 2A(1)

fixed penalty — — a penalty of such amount as may be prescribed (whether by being specified in, or made calculable under, regulations) , or a penalty of such amount falling within a range prescribed in regulations as is specified in a fixed penalty notice Schedule 11, paragraph 5(6)

fixed penalty — a penalty of such amount as may be prescribed (whether by being specified in, or made calculable under, regulations) Section 104(1)

fixed penalty notice — 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 or an amount falling within a range prescribed in regulations Schedule 11, paragraph 5(6)

fixed penalty offence — 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 Schedule 11, paragraph 5(6)

fixed penalty offence — subject to subsection (11) below, any offence— which is for the time being prescribed for the purpose; under this Act, under the Salmon Act 1986, under or by virtue of regulations or orders made under section 115, 116 or 142 of the Water Resources Act 1991, or under section 211(3) of that Act, so far as relating to byelaws made by virtue of paragraph 6 of Schedule 25 to that Act Section 104(1)

grating — a device in respect of which there is in force, immediately before the substitution date, an approval given for the purposes of the definition of “grating” in section 41(1) of the Salmon and Freshwater Fisheries Act 1975 as it had effect before that date Schedule 23, Part I, paragraph 14(8)

Harm — harm to the health of living organisms or other interference with the ecological systems of which they form part and, in the case of man, includes harm to his property Section 57(4)

Harm — harm to the health of living organisms or other interference with the ecological systems of which they form part and, in the case of man, includes harm to his property Section 78A(4)

holder — the producer of the waste or the person who is in possession of it Schedule 22, paragraph 88(2)

industrial, trade or business premises — premises used for any industrial, trade or business purposes or premises not so used on which matter is burnt in connection with any industrial, trade or business process, and premises are used for industrial purposes where they are used for the purposes of any treatment or process as well as where they are used for the purpose of manufacturing Section 57(6)

industrial, trade or business premises — premises used for any industrial, trade or business purposes or premises not so used on which matter is burnt in connection with any industrial, trade or business process, and premises are used for industrial purposes where they are used for the purposes of any treatment or process as well as where they are used for the purpose of manufacturing Section 78M(6)

interest — interest at the rate determined by the enforcing authority under subsection (4) above Section 57(13)

interest — interest at the rate determined by the enforcing authority under subsection (4) above Section 78P(13)

joint committee — — a joint or special planning board for a National Park reconstituted by order under paragraph 1 or 3 of Schedule 17 to the Local Government Act 1972, or a joint planning board within the Emeaning of section 2 of the Town and Country Planning Act 1990; a joint committee appointed under section 102(1)(b) of the Local Government Act 1972. In this section, “local authority”— in relation to England, means a county council, district council or parish council; in relation to Wales, means a county council, county borough council, district council or community council Section 62(1)

local authority — a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 Section 30Z(8)

local authority — — any unitary authority; any district council, so far as it is not a unitary authority; the Common Council of the City of London and, as respects the Temples, the Sub-Treasurer of the Inner Temple and the Under-Treasurer of the Middle Temple respectively Section 58(8)

local authority — a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 Section 59(8)

local authority — — any unitary authority; any district council, so far as it is not a unitary authority; the Common Council of the City of London and, as respects the Temples, the Sub-Treasurer of the Inner Temple and the Under-Treasurer of the Middle Temple respectively Section 91B(8)

local authority — — the council of a county, county borough, district, London borough, parish or community; the Common Council of the City of London; the Council of the Isles of Scilly; “the planning Acts” has the same meaning as it has in the Town and Country Planning Act 1990 by virtue of section 336(1) of that Act Section 97(8)

local enforcing authority — — a local enforcing authority, within the meaning of Part I of the Environmental Protection Act 1990; a local authority, within the meaning of Part IIA of that Act, in its capacity as an enforcing authority for the purposes of that Part; a local authority for the purposes of Part IV of this Act or regulations under that Part; a local authority for the purposes of regulations under section 2 of the Pollution Prevention and Control Act 1999 extending to England and Wales or regulations under section 61 of the Water Act 2014 Section 108(15)

local enforcing authority — — any local authority within the meaning of Part IIA of the Environmental Protection Act 1990, and the “relevant functions” of such an authority are its functions under or by virtue of that Part; in relation to England and Wales, any local authority within the meaning of regulations under section 2 of the Pollution Prevention and Control Act 1999 or regulations under section 61 of the Water Act 2014 ; any local authority within the meaning of Part IV of this Act, and the “relevant functions” of such an authority are its functions under or by virtue of that Part; or in relation to England, any county council for an area for which there are district councils, and the “relevant functions” of such a county council are its functions under or by virtue of Part IV of this Act; or in relation to England and Wales, any local enforcing authority within the meaning of section 1(7) of the Environmental Protection Act 1990, and the “relevant functions” of such an authority are its functions under or by virtue of Part I of that Act. “protected taxpayer information” has the meaning given by section 14 of the Revenue Scotland and Tax Powers Act 2014 (asp 16) Section 113(5)

local government area — the area of any principal council (within the meaning of that Part) or parish council or any area in Wales for which any council carries out functions of local government Schedule 8, paragraph 7(3)

local statutory provision — — a provision of a local Act (including an Act confirming a provisional order); a provision of so much of any public general Act as has effect with respect to particular persons or works or with respect to particular provisions falling within any paragraph of this definition; a provision of an instrument made under any provision falling within paragraph (a) or (b) above; a provision of any other instrument which is in the nature of a local enactment Schedule 15, paragraph 1

local statutory provision — — a provision of a local Act (including an Act confirming a provisional order); a provision of so much of any public general Act as has effect with respect to particular persons or works or with respect to particular provisions falling within any paragraph of this definition; a provision of an instrument made under any provision falling within paragraph (a) or (b) above; a provision of any other instrument which is in the nature of a local enactment Schedule 22, paragraph 233(4)

local statutory provision — — a provision of a local Act (including an Act confirming a provisional order); a provision of so much of any public general Act as has effect with respect to a particular area, with respect to particular persons or works or with respect to particular provisions falling within any paragraph of this definition; a provision of an instrument made under any provision falling within paragraph (a) or (b) above; or a provision of any other instrument which is in the nature of a local enactment Section 121(7)

main river — a main river within the meaning of Part IV of the 1991 Act; and “main river map” has, subject to section 194 of the 1991 Act, the meaning given by section 193(2) of that Act Schedule 4, paragraph 1(6)

marine environmental matters — — the conservation or enhancement of the natural beauty or amenity of marine or coastal areas (including their geological or physiographical features) or of any features of archaeological or historic interest in such areas; or the conservation of flora or fauna which are dependent on, or associated with, a marine or coastal environment Section 102(4)

marine environmental purposes — the purposes— of conserving or enhancing the natural beauty or amenity of marine or coastal areas (including their geological or physiographical features) or of any features of archaeological or historic interest in such areas; or of conserving flora or fauna which are dependent on, or associated with, a marine or coastal environment Section 102(5)

marine environmental purposes — the purposes— of conserving or enhancing the natural beauty or amenity of marine or coastal areas (including their geological or physiographical features) or of any features of archaeological or historic interest in such areas; or of conserving flora or fauna which are dependent on, or associated with, a marine or coastal environment Section 103(1)

marine environmental purposes — the purposes— of conserving or enhancing the natural beauty or amenity of marine or coastal areas (including their geological or physiographical features) or of any features of archaeological or historic interest in such areas; or of conserving flora or fauna which are dependent on, or associated with, a marine or coastal environment Section 103(2)

marine or aquatic environmental purposes — — the conservation or enhancement of the natural beauty or amenity of marine or coastal, or aquatic or waterside, areas (including their geological or physiographical features) or of any features of archaeological or historic interest in such areas; or the conservation of flora or fauna which are dependent on, or associated with, a marine or coastal, or aquatic or waterside, environment Section 103(3)

miles — international nautical miles of 1,852 metres; “the related water resources provisions” has the same meaning as it has in the 1991 Act Section 6

mineral permission — any planning permission, other than a planning permission granted by a development order, for minerals development; “ mineral planning authority ”— . . ., means a mineral planning authority within the meaning of the 1990 Act, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Schedule 14, paragraph 2(1)

mineral site — — 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 in any other case, the land to which a relevant planning permission relates Schedule 13, paragraph 1(2)

minerals development — development consisting of the winning and working of minerals, or involving the depositing of mineral waste Section 96(6)

mining site — — 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 mineral permissions relate, the aggregate of the land to which those permissions relate; and in any other case, the land to which a mineral permission relates; “ old mining permission ” has the meaning given— . . ., by section 22(1) of the 1991 Act, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . “ owner ”, in relation to any land— . . ., means any person who— is the estate owner in respect of the fee simple, or is entitled to a tenancy granted or extended for a term of years certain of which not less than seven years remains unexpired; . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Schedule 14, paragraph 2(1)

mobile plant — plant which is designed to move or to be moved whether on roads or otherwise; “pollution control enactments”, in relation to an enforcing authority, means the enactments and instruments relating to the pollution control functions of that authority; “pollution control functions”, in relation to the Agency , the Natural Resources Body for Wales or SEPA, means the functions conferred or imposed on it by or under— the Alkali, &c, Works Regulation Act 1906; ... ... ... Parts I, IA and II of the Control of Pollution Act 1974; the Control of Pollution (Amendment) Act 1989; Parts I, II and IIA of the Environmental Protection Act 1990 (integrated pollution control, waste on land and contaminated land); Chapter III of Part IV of the Water Industry Act 1991 (special category effluent); Part III and sections 161 to 161D of the Water Resources Act 1991; section 19 of the Clean Air Act 1993; ... EU-derived domestic legislation (as defined by section 2 of the European Union (Withdrawal) Act 2018) to the extent that it relates to pollution; and, in relation to the Agency or the Natural Resources Body for Wales, includes the functions conferred or imposed on, or transferred to, it under section 2… Section 108(15)

mobile plant — plant which is designed to move or to be moved whether on roads or otherwise, “premises” includes any land, vehicle, vessel or mobile plant Section 110A(6)

National Park — an area designated as such under section 5(3) of the National Parks and Access to the Countryside Act 1949; “ old mining permission ” has the meaning given— . . ., by section 22(1) of the 1991 Act, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . “ owner ”, in relation to any land— . . ., means any person who— is the estate owner in respect of the fee simple, or is entitled to a tenancy granted or extended for a term of years certain of which not less than seven years remains unexpired; . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . “ Phase I site ” and “ Phase II site ” have the meaning given by paragraph 2 below Schedule 13, paragraph 1(1)

National Park authority — a National Park authority established by virtue of section 7(1)(b) of the National Parks (Scotland) Act 2000 (asp 10) Schedule 11, paragraph 1(5)

new Agency — the Agency or SEPA Schedule 23, Part I, paragraph 4(3)

new Agency — the Agency or SEPA Section 56(1)

new Agency — the Agency or SEPA Section 91(1)

new committee — a regional flood defence committee established under section 14 above; “the relevant Minister”— in relation to the regional flood defence committee for an area the whole or the greater part of which is in Wales, means the Secretary of State; and in relation to any other regional flood defence committee, means the Minister Section 15(7)

notice — notice in writing; “the period for paying”, in relation to any fixed penalty, means such period as may be prescribed for the purpose Section 104(1)

notice — notice in writing; “records”, without prejudice to the generality of the expression, includes computer records and any other records kept otherwise than in a document Section 124(1)

notice — notice in writing Section 57(9)

notice — notice in writing Section 78A(9)

notification — notification in writing; “owner”, in relation to any land in England and Wales, means a person (other than a mortgagee not in possession) who, whether in his own right or as trustee for any other person, is entitled to receive the rack rent of the land, or, where the land is not let at a rack rent, would be so entitled if it were so let; “owner”, in relation to any land in Scotland, means a person (other than a creditor in a heritable security not in possession of the security subjects) for the time being entitled to receive or who would, if the land were let, be entitled to receive, the rents of the land in connection with which the word is used and includes a trustee, factor, guardian or curator and in the case of public or municipal land includes the persons to whom the management of the land is entrusted Section 57(9)

notification — notification in writing; “owner”, in relation to any land in England and Wales, means a person (other than a mortgagee not in possession) who, whether in his own right or as trustee for any other person, is entitled to receive the rack rent of the land, or, where the land is not let at a rack rent, would be so entitled if it were so let; “owner”, in relation to any land in Scotland, means a person (other than a creditor in a heritable security not in possession of the security subjects) for the time being entitled to receive or who would, if the land were let, be entitled to receive, the rents of the land in connection with which the word is used and includes a trustee, factor, guardian or curator and in the case of public or municipal land includes the persons to whom the management of the land is entrusted Section 78A(9)

old committee — a regional flood defence committee for the purposes of section 9 of the 1991 Act Section 14(4)

old regional committee — a regional flood defence committee for the purposes of section 9 of the 1991 Act Section 18(9)

original purposes — the purposes specified in subsection (1) of section 5 of that Act, as originally enacted Section 61(5)

person acting in a relevant capacity — — a person acting as an insolvency practitioner, within the meaning of section 388 of the Insolvency Act 1986 (including that section as it applies in relation to an insolvent partnership by virtue of any order made under section 421 of that Act); the official receiver acting in a capacity in which he would be regarded as acting as an insolvency practitioner within the meaning of section 388 of the Insolvency Act 1986 if subsection (5) of that section were disregarded; the official receiver acting as receiver or manager; a person acting as a special manager under section 177 or 370 of the Insolvency Act 1986; the Accountant in Bankruptcy acting as permanent or interim trustee in a sequestration (within the meaning of the Bankruptcy (Scotland) Act 1985); a person acting as a receiver or receiver and manager— under or by virtue of any enactment; or by virtue of his appointment as such by an order of a court or by any other instrument Section 57(4)

person acting in a relevant capacity — — a person acting as an insolvency practitioner, within the meaning of section 388 of the Insolvency Act 1986 (including that section as it applies in relation to an insolvent partnership by virtue of any order made under section 421 of that Act); the official receiver acting in a capacity in which he would be regarded as acting as an insolvency practitioner within the meaning of section 388 of the Insolvency Act 1986 if subsection (5) of that section were disregarded; the official receiver acting as receiver or manager; a person acting as a special manager under section 177 or 370 of the Insolvency Act 1986; the Accountant in Bankruptcy acting as permanent or interim trustee in a sequestration (within the meaning of the Bankruptcy (Scotland) Act 1985); a person acting as a receiver or receiver and manager— under or by virtue of any enactment; or by virtue of his appointment as such by an order of a court or by any other instrument Section 78X(4)

planning authority — an authority within the meaning of section 172 of the Local Government (Scotland) Act 1973; “strategy” includes the strategy as modified from time to time and “statement” shall be construed accordingly. This section makes provision for the purpose of implementing Article 7 of the directive of the Council of the European Communities dated 15th July 1975 on waste, as amended by— the directive of that Council dated 18th March 1991 amending directive 75/442/EEC on waste; and the directive of that Council dated 23rd December 1991 standardising and rationalising reports on the implementation of certain Directives relating to the environment Section 92(1)

pollution of controlled waters — the entry into controlled waters of any poisonous, noxious or polluting matter or any solid waste matter Section 57(9)

pollution of controlled waters — the entry into controlled waters of any poisonous, noxious or polluting matter or any solid waste matter Section 78A(9)

post-commencement limitation — a prohibition, restriction or other limitation imposed by a statutory provision that— is contained in an Act passed after the end of the Session in which the Cities and Local Government Devolution Act 2016 is passed, or is contained in an instrument made under an Act and comes into force on or after the commencement of section 22 of that 2016 Act Section 65B(8)

pre-commencement limitation — a prohibition, restriction or other limitation imposed by a statutory provision that— is contained in an Act passed no later than the end of the Session in which the Cities and Local Government Devolution Act 2016 is passed, or is contained in an instrument made under an Act and comes into force before the commencement of section 22 of that 2016 Act Section 65B(8)

pre-commencement power — power conferred by a statutory provision that— is contained in an Act passed no later than the end of the Session in which the Cities and Local Government Devolution Act 2016 is passed, or is contained in an instrument made under an Act and comes into force before the commencement of section 22 of that 2016 Act Section 65B(8)

premises — premises in England or Wales, and includes any land, vehicle, vessel or mobile plant; “regulated facility” has the meaning given in regulation 8 of the Environmental Permitting Regulations; “restriction notice” has the meaning given by section 109A(3); “restriction order” has the meaning given by section 109D(7); “waste” has the same meaning as in section 75 of the Environmental Protection Act 1990 Section 109N(1)

prescribed — specified in, or determined in accordance with, an order made by the Ministers; and any such order may make different provision for different cases, including different provision in relation to different persons, circumstances or localities Schedule 22, paragraph 147(3)

prescribed — prescribed in regulations made by the Secretary of State Schedule 22, paragraph 162(7)

prescribed — specified in, or determined in accordance with, an order made by the Ministers; and any such order may make different provision for different cases, including different provision in relation to different persons, circumstances or localities Schedule 22, paragraph 192(2)

prescribed — prescribed by regulations Section 104(1)

prescribed — specified in, or determined under, a scheme (in this section referred to as a “charging scheme”) made under this section by the body in question. in the case of any particular licence under Chapter II of Part II of the 1991 Act (abstraction and impounding), an appropriate agency may require the payment to it of such charges as may from time to time be prescribed; in relation to other environmental licences, there shall be charged by and paid to the Agency, the Natural Resources Body for Wales or SEPA such charges as may from time to time be prescribed; ... as a means of recovering costs incurred by it in performing functions conferred by the Reservoirs Act 1975 an appropriate agency may require the payment to it of such charges as may from time to time be prescribed; as a means of recovering costs incurred by it in performing functions conferred by regulations under section 62 of the 1990 Act (dangerous or intractable waste) each of the new Agencies may require the payment to it of such charges as may from time to time be prescribed; ... as a means of recovering costs incurred by it in performing functions conferred by the Hazardous Waste (England and Wales) Regulations 2005, the… Section 41(1)

prescribed — specified in, or determined under, a scheme (in this section referred to as a “charging scheme”) made under this section by the charging authority in question. as a means of recovering costs incurred by it in performing functions conferred under or by virtue of— the Greenhouse Gas Emissions Trading Scheme Regulations 2005 (S.I. 2005/925); the Aviation Greenhouse Gas Emissions Trading Scheme Regulations 2010 (S.I. 2010/1996); the Greenhouse Gas Emissions Trading Scheme Regulations 2012 (S.I. 2012/3038). in respect of— an application to open an account that, under the Registries Regulation 2013, is required to be held in the Kyoto Protocol Registry; the subsistence of such an account; the updating of information provided to the Agency in relation to such an account Section 41A(1)

prescribed — prescribed by regulations Section 57(9)

prescribed — prescribed in regulations Section 58(2)

prescribed — prescribed by regulations Section 78A(9)

prescribed — prescribed, or of a description prescribed, by or under regulations Section 91(1)

prescribed — prescribed in regulations Section 91A(2)

prescribed — specified, or of a description specified, in regulations Section 97(8)

producer — any person whose activities produce waste or any person who carries out pre-processing, mixing or other operations resulting in a change in the nature or composition of this waste Schedule 22, paragraph 88(2)

Protected material — — material subject to legal professional privilege, excluded material within the meaning of section 11 of the Police and Criminal Evidence Act 1984, or journalistic material, within the meaning of section 13 of that Act, which is not excluded material Section 108(7F)

public authority — any local authority within the meaning of the 1972 Act (including any such authority in their capacity as a local planning authority), any National Park authority, any existing authority for a National Park, any joint authority or residuary body established under Part II of the Local Government Act 1992, or any residuary body established under section 17 of the Local Government and Public Involvement in Health Act 2007 ...; “the relevant Park”, in relation to a National Park authority, means the area for which that authority is or is to be the National Park authority Section 79(1)

public office — — an office under Her Majesty; an office created or continued in existence by a public general Act of Parliament; or an office the remuneration in respect of which is paid out of money provided by Parliament. In subsection (4) of this section, “joint board” and Section 62(1)

Rate Support Grant Report — a Rate Support Grant Report made under section 60 of the Local Government, Planning and Land Act 1980 Section 74(3)

registered common — any land registered as common land or as a town or village green under Part 1 of the Commons Act 2006 Schedule 9, paragraph 1(6)

regulation authority — — and any reference to the area of a regulation authority shall accordingly be construed as a reference to any area in England and Wales or, as the case may be, in Scotland; in relation to England and Wales, the Environment Agency; and in relation to Scotland, the Scottish Environment Protection Agency Schedule 22, paragraph 37(8)

regulations — regulations under or by virtue of paragraph (o) of subsection (2) of section 87 of this Act Schedule 11, paragraph 5(6)

regulations — regulations made under this section by the Ministers. The provision that may be made by regulations prescribing fixed penalty offences includes provision for an offence to be a fixed penalty offence— only if it is committed in such circumstances or manner as may be prescribed; or except if it is committed in such circumstances or manner as may be prescribed. Regulations may provide for any offence which is a fixed penalty offence to cease to be such an offence. An offence which, in consequence of regulations made by virtue of subsection (12) above, has ceased to be a fixed penalty offence shall be eligible to be prescribed as such an offence again. Regulations may— make different provision in relation to different cases or classes of case; or provide for such exceptions, limitations and conditions, or make such incidental, supplemental, consequential or transitional provision, as the Ministers consider necessary or expedient. Any power to make regulations under this section shall be exercisable by statutory instrument made by the Ministers; and a statutory instrument containing any such regulations shall be subject to annulment pursuant to a resolution of either House of Parliament Section 104(1)

regulations — regulations made by the Secretary of State; “remediation declaration” has the meaning given by section 78H(6) below; “remediation notice” has the meaning given by section 78E(1) below; “remediation statement” has the meaning given by section 78H(7) below; “required to be designated as a special site” shall be construed in accordance with section 78C(8) below Section 57(9)

regulations — regulations made by the Secretary of State; “relevant seam, vein or vein-system”, in the case of any mine, means any seam, vein or vein-system for the purpose of, or in connection with, whose working any excavation constituting or comprised in the mine was made Section 58(2)

regulations — regulations made by the Secretary of State; “remediation declaration” has the meaning given by section 78H(6) below; “remediation notice” has the meaning given by section 78E(1) below; “remediation statement” has the meaning given by section 78H(7) below; “required to be designated as a special site” shall be construed in accordance with section 78C(8) below Section 78A(9)

regulations — regulations made by the Secretary of State; “the relevant period”, in the case of any provision of this Part, means such period as may be prescribed for the purposes of that provision; “relevant public authority” has the meaning given by section 81A(2); “relevant Welsh public authority” has the meaning given by section 81B(2); “the strategy” has the meaning given by section 80(1) above Section 91(1)

regulations — regulations made by the Secretary of State; “relevant seam, vein or vein-system”, in the case of any mine, means any seam, vein or vein-system for the purpose of, or in connection with, whose working any excavation constituting or comprised in the mine was made Section 91A(2)

regulations — regulations made by statutory instrument; “remove”, in relation to a hedgerow, means uproot or otherwise destroy, and cognate expressions shall be construed accordingly Section 97(8)

relevant agency — the Agency, the Natural Resources Body for Wales or SEPA Section 113(5)

relevant authority — — any Minister of the Crown, any public body, any statutory undertaker, or any person holding public office. In subsection (3) of this section— “public body” includes— any local authority, joint board or joint committee; any National Park authority Section 62(1)

relevant charging scheme — a charging scheme under section 41 which relates to any extent to licences granted under Chapter II of Part II of the 1991 Act in respect of abstractions from, or impounding of, waters in the catchment areas of the rivers Dee, Wye and Severn Section 41C(7)

relevant consent — a consent for the purposes of section 30J(7)(a), 34 or 49(1) of this Act; and “the holder”, in relation to a relevant consent, is the person who has the consent in question. A person upon whom an enforcement notice has been served under section 49A of this Act may appeal to the Secretary of State. This section is subject to section 114 of the Environment Act 1995 (delegation or reference of appeals etc.). An appeal under this section shall, if and to the extent a requirement to do so is prescribed, be advertised in the manner prescribed. If either party to the appeal so requests or the Secretary of State so decides, an appeal shall be or continue in the form of a hearing (which may, if the person hearing the appeal so decides, be held, or held to any extent, in private). On the determination of an appeal under this section, the Secretary of State may either quash or affirm the enforcement notice and, if he affirms it, may do so either in its original form or with such modifications as he may in the circumstances think fit. The bringing of an appeal under this section shall not have the effect of suspending the operation of the notice appealed against. The period within which and… Schedule 22, paragraph 29(26)

relevant county council — a county council for an area in England for which there are district councils Section 87(2A)

relevant date — — in the case of the second periodic review, the date falling fifteen years after the date upon which was finally determined an application made under paragraph 6 above in respect of the site; and in the case of subsequent periodic reviews, the date falling fifteen years after the date upon which there was last finally determined under this Schedule an application made in respect of that site under paragraph 6 above as applied by sub-paragraph (2) below Schedule 14, paragraph 12(1)

relevant environmental functions — — pollution control functions (within the meaning of section 5); and any functions relating to water resources, flood and coastal erosion risk management or fisheries Section 53(4)

relevant inspector — — the chief inspector for England and Wales constituted under section 16(3) of the Environmental Protection Act 1990; the chief inspector for Scotland constituted under section 16(3) of that Act; the chief inspector for England and Wales appointed under section 4(2)(a) of the Radioactive Substances Act 1993; the chief inspector for Scotland appointed under section 4(2)(b) of that Act; the chief, or any other, inspector, within the meaning of the Alkali, &c, Works Regulation Act 1906; an inspector appointed under section 19 of the Health and Safety at Work etc. Act 1974 by the Secretary of State in his capacity as the enforcing authority responsible for the enforcement of the Alkali, &c, Works Regulation Act 1906 or section 5 of the said Act of 1974; “subordinate legislation” has the same meaning as in the Interpretation Act 1978 Schedule 22, paragraph 233(4)

relevant land — — any land or waters in relation to which the works notice in question requires, or may require, works or operations to be carried out; or any land adjoining or adjacent to that land or those waters Schedule 22, paragraph 162(7)

relevant land — — any land or waters in relation to which the works notice in question requires, or may require, operations to be carried out; or any land adjoining or adjacent to that land or those waters Schedule 22, paragraph 29(22)

relevant land or waters — — the contaminated land in question; any controlled waters affected by that land; or any land adjoining or adjacent to that land or those waters Section 57(7)

relevant land or waters — — the contaminated land in question; any controlled waters affected by that land; or any land adjoining or adjacent to that land or those waters Section 78G(7)

relevant licence — — any environmental licence; any consent under Part II of the Sewerage (Scotland) Act 1968 to make discharges of trade effluent; any agreement under section 37 of that Act with respect to, or to any matter connected with, the reception, treatment or disposal of such effluent; any consent under Chapter III of Part IV of the Water Industry Act 1991 to make discharges of special category effluent; or any agreement under section 129 of that Act with respect to, or to any matter connected with, the reception or disposal of such effluent Section 111(5)

relevant licensed period — the period during which an environmental licence is in force or such part of that period as may be prescribed. a single charge in respect of the whole of any relevant licensed period; separate charges in respect of different parts of any such period; or both such a single charge and such separate charges Section 41(3)

relevant officer — — a director, executive, manager, secretary or other similar officer of the body corporate concerned, if the affairs of the body are managed by its members, a member exercising functions of management, or any person purporting to act in a capacity within paragraph (a) or (b) Section 110(5J)

relevant official — — a person authorised by SEPA or by a waste collection authority to exercise the powers conferred by this section, or a constable, “road” has the same meaning as in the Roads (Scotland) Act 1984 Section 110A(6)

relevant planning permission — 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 Schedule 13, paragraph 1(1)

relevant power — a power conferred by section 108 of this Act, including a power exercisable by virtue of a warrant under this Schedule Schedule 18, paragraph 1(1)

relevant public authority — a person designated in accordance with subsection (3) as a relevant public authority in relation to an area in England Section 81A(2)

relevant regulations — — the Greenhouse Gas Emissions Trading Scheme Regulations 2005 (S.I. 2005/925); the Aviation Greenhouse Gas Emissions Trading Scheme Regulations 2010 (S.I. 2010/1966); the Greenhouse Gas Emissions Trading Scheme Regulations 2012 (S.I. 2012/3038) Section 111(5)

relevant undertaker — a water undertaker or sewerage undertaker Section 10

relevant Welsh public authority — a person designated in accordance with subsection (3) as a relevant Welsh public authority Section 81B(2)

Remediation — — and cognate expressions shall be construed accordingly. the doing of anything for the purpose of assessing the condition of— the contaminated land in question; any controlled waters affected by that land; or any land adjoining or adjacent to that land; the doing of any works, the carrying out of any operations or the taking of any steps in relation to any such land or waters for the purpose— of preventing or minimising, or remedying or mitigating the effects of, any significant harm, or any pollution of controlled waters, by reason of which the contaminated land is such land; or of restoring the land or waters to their former state; or the making of subsequent inspections from time to time for the purpose of keeping under review the condition of the land or waters Section 57(7)

Remediation — — and cognate expressions shall be construed accordingly. the doing of anything for the purpose of assessing the condition of— the contaminated land in question; any controlled waters affected by that land; or any land adjoining or adjacent to that land; the doing of any works, the carrying out of any operations or the taking of any steps in relation to any such land or waters for the purpose— of preventing or minimising, or remedying or mitigating the effects of, any significant harm, or any pollution of controlled waters, by reason of which the contaminated land is such land; or of restoring the land or waters to their former state; or the making of subsequent inspections from time to time for the purpose of keeping under review the condition of the land or waters Section 78A(7)

river purification authority — a river purification authority within the meaning of the 1951 Act Section 56(1)

river purification board — a river purification board established by virtue of section 135 of the Local Government (Scotland) Act 1973 Section 56(1)

screen — a grating or other device which, or any apparatus the operation of which, prevents— or any combination of devices or apparatus which, taken together, achieve that result; the passage of salmon or migratory trout, and if the screen is required in connection with a fish farm, the passage of any fish farmed at that fish farm Schedule 15, paragraph 20

SEPA — the Scottish Environment Protection Agency; ” Schedule 22, paragraph 29

SEPA — the Scottish Environment Protection Agency Schedule 22, paragraph 3(5)

SEPA — the Scottish Environment Protection Agency Schedule 22, paragraph 96(6)

SEPA — the Scottish Environment Protection Agency Section 124(1)

serious harm — — that there is an immediate risk of serious harm or that circumstances exist which are likely to endanger life or health, and that immediate entry to any premises is necessary to verify the existence of that risk or those circumstances or to ascertain the cause of that risk or those circumstances or to effect a remedy, serious pollution of the environment, serious harm to the environment, serious flooding, serious harm to human health, or a serious detrimental impact on drainage Section 108(15)

specified — specified in the relevant order. a specified number of local authority members, in the case of a National Park in England, a specified number of parish members to be appointed by the Secretary of State, and a specified number of other members to be appointed by the Secretary of State Schedule 7, paragraph 1(2)

statutory functions — functions conferred or imposed by or under any enactment Section 97(8)

statutory order — an order, byelaw, scheme or award made under an Act of Parliament, including an order or scheme confirmed by Parliament or brought into operation in accordance with special parliamentary procedure Schedule 16, paragraph 2(3)

statutory provision — a provision of an Act or of an instrument made under an Act Section 65B(8)

substance — any natural or artificial substance, whether in solid or liquid form or in the form of a gas or vapour Section 57(9)

substance — any natural or artificial substance, whether in solid or liquid form or in the form of a gas or vapour Section 78A(9)

substituted purposes — the purposes specified in that subsection as substituted by subsection (1) above Section 61(5)

supervised access — access under the supervision of a person approved by SEPA Section 108A(7)

supplementary report — a supplementary report made under section 61 of that Act Section 74(3)

supply of water in bulk — a supply of water for distribution by a water undertaker taking the supply Section 10

the 1954 Act — the Mines and Quarries Act 1954; “acting in a compulsory capacity”, in the case of the official receiver, means acting as— liquidator of a company; receiver or manager of a bankrupt’s estate, pursuant to section 287 of the Insolvency Act 1986; trustee of a bankrupt’s estate; liquidator of an insolvent partnership; trustee of an insolvent partnership; trustee, or receiver or manager, of the insolvent estate of a deceased person; “mine” has the same meaning as in the 1954 Act; “the official receiver” has the same meaning as it has in the Insolvency Act 1986 by virtue of section 399(1) of that Act Section 58(2)

the 1954 Act — the Mines and Quarries Act 1954; “acting in a compulsory capacity”, in the case of the official receiver, means acting as— liquidator of a company; receiver or manager of a bankrupt’s estate, pursuant to section 287 of the Insolvency Act 1986; trustee of a bankrupt’s estate; liquidator of an insolvent partnership; trustee of an insolvent partnership; trustee, or receiver or manager, of the insolvent estate of a deceased person; “mine” has the same meaning as in the 1954 Act; “the official receiver” has the same meaning as it has in the Insolvency Act 1986 by virtue of section 399(1) of that Act Section 91A(2)

the 1972 Act — the Local Government Act 1972; “existing authority”, in relation to a National Park, means— any such joint or special planning board for that Park or for any area wholly or partly comprised in that Park as was reconstituted by an order under paragraph 1 or 3 of Schedule 17 to the 1972 Act ...; or any National Park Committee for that Park or for any such area; “liability”, in relation to the transfer of liabilities from one person to another, does not include any criminal liability; “principal council” and “principal area” have the same meanings as in the 1972 Act Section 79(1)

the 1972 Act — the Town and Country Planning (Scotland) Act 1972 Section 96(6)

the 1990 Act — the Environmental Protection Act 1990 Section 56(1)

the 1990 Act — the Town and Country Planning Act 1990 Section 96(6)

the 1991 Act — the Water Resources Act 1991 Section 56(1)

the 1991 Act — the Planning and Compensation Act 1991 Section 96(6)

the 1994 amendment — the omission of the words “and Wales” in paragraph (a) of the said paragraph 2(6) by paragraph 22 of Schedule 6 to the Local Government (Wales) Act 1994 Schedule 10, paragraph 30(2)

the 1995 Act — the Environment Act 1995 Schedule 22, paragraph 177(2)

the Agency — the Environment Agency Schedule 22, paragraph 177(3)

the Agency — the Environment Agency Schedule 22, paragraph 194(1)

the Agency — the Environment Agency Section 104(4)

the Agency — the Environment Agency Section 124(1)

the appellate authority — the magistrates’ court, the sheriff or the Secretary of State, as the case may be. if it was served by a local authority, to a magistrates’ court or, in Scotland, to the sheriff by way of summary application; or if it was served by the appropriate Agency, to the Secretary of State Section 57(1)

the appellate authority — the magistrates’ court, the sheriff or the Secretary of State, as the case may be. if it was served by a local authority, to a magistrates’ court or, in Scotland, to the sheriff by way of summary application; or if it was served by the appropriate Agency, to the Secretary of State Section 78L(1)

the applicant — the person who made the application in question under paragraph 9 above Schedule 13, paragraph 10(4)

the appropriate Agency — — in the case of a site in England or Wales, the Environment Agency; in the case of a site in Scotland, the Scottish Environment Protection Agency Schedule 22, paragraph 10

the appropriate Agency — — in relation to England and Wales, the Environment Agency; and in relation to Scotland, the Scottish Environment Protection Agency: the definitions of the expressions “chief inspector” and “inspector” shall be omitted Schedule 22, paragraph 1(8)

the appropriate Agency — — in relation to England and Wales, the Agency; in relation to Scotland, SEPA Schedule 22, paragraph 233(4)

the appropriate Agency — — in relation to England and Wales, the Environment Agency; in relation to Scotland, SEPA; for the definition of “waste” there shall be substituted— “waste” has the same meaning as it has in Part II of the Environmental Protection Act 1990 by virtue of section 75(2) of that Act; the words from “and for the purposes” to the end (which provide a presumption that anything discarded is waste unless the contrary is proved) shall cease to have effect Schedule 22, paragraph 27

the appropriate Agency — — in relation to England and Wales, the Environment Agency; and in relation to Scotland, SEPA Schedule 22, paragraph 45(4)

the appropriate Agency — — in relation to England and Wales, the Environment Agency; in relation to Scotland, the Scottish Environment Protection Agency Section 57(9)

the appropriate Agency — — in relation to England and Wales, the Environment Agency; in relation to Scotland, the Scottish Environment Protection Agency Section 78A(9)

the appropriate agency — — in relation to England, the Agency; in relation to Wales, the Natural Resources Body for Wales; in relation to Scotland, SEPA; “designated area” has the meaning given by section 83(1) above; “local authority”, in relation to England and Wales, means— and, in relation to Scotland, means a council for an area constituted under section 2 of the Local Government etc. (Scotland) Act 1994; any unitary authority, any district council, so far as it is not a unitary authority, the Common Council of the City of London and, as respects the Temples, the Sub-Treasurer of the Inner Temple and the Under-Treasurer of the Middle Temple respectively, “neighbouring authority”, in relation to a local authority (“the principal authority”), means another local authority whose area is contiguous with the area of the principal authority Section 91(1)

the appropriate authority — — in relation to England and Wales, the Secretary of State; and in relation to Scotland, SEPA acting with the approval of the Secretary of State Schedule 11, paragraph 3(4)

the appropriate authority — — in the case of a person employed in the civil service of the State, the Secretary of State; in the case of a transfer scheme under section 3 of this Act and a person employed by a body which is a waste regulation authority, that body; in the case of a transfer scheme under section 22 of this Act and a person employed by a local authority, that authority; “occupational pension scheme” has the meaning given by section 1 of the Pension Schemes Act 1993 Schedule 2, Part I, paragraph 3(10)

the appropriate authority — — in relation to local authorities in England and Wales other than local authorities in Greater London, the Secretary of State; in relation to local authorities in Greater London, the Mayor of London; and in relation to Scotland, SEPA acting with the approval of the Secretary of State Section 85(1)

the appropriate Minister — — as respects England, the Minister of Agriculture, Fisheries and Food; as respects Wales, the Secretary of State; as respects Scotland, the Secretary of State Section 98(5)

the appropriate Ministers — — as respects England, the Secretary of State and the Minister of Agriculture, Fisheries and Food; as respects Wales, the Secretary of State Section 97(8)

the appropriate national authority — — in relation to the Agency, the Secretary of State; in relation to the Natural Resources Body for Wales, the Welsh Ministers; “the catchment areas of the rivers Dee, Wye and Severn” has the meaning given by article 1(3) of the National Assembly for Wales (Transfer of Functions) Order 1999; “conservancy authority” has the meaning given by section 221(1) of the 1991 Act; “costs” includes— costs to any person; and costs to the environment; “disposal authority”— in the application of this Part in relation to the Agency, has the same meaning as it has in Part I of the Control of Pollution Act 1974 by virtue of section 30(1) of that Act; and in the application of this Part in relation to SEPA, has the meaning assigned to it by section 30(2) of that Act Section 56(1)

the appropriate new Agency — — in relation to England and Wales, the Agency; and in relation to Scotland, SEPA; “relevant capacity”, in relation to the appropriate new Agency, means its capacity as the enforcing authority, for the purposes of Part I of the 1974 Act, which is responsible in relation to England and Wales or, as the case may be, Scotland for the enforcement of the relevant enactments Schedule 22, paragraph 30(8)

the appropriate office of the Agency — — and for the purposes of that subsection where a licence or other authority which any person has been required to produce is sent by post to an office of the Agency that licence or other authority shall be treated as produced by that person at that office. in a case where the person requiring the production of the licence or other authority specifies a particular office of the Agency for its production, that office; and in any other case, any office of the Agency Schedule 15, paragraph 18(2)

the appropriate procedure — such procedure as may be specified or described in regulations made for the purpose by the Secretary of State Section 41(10)

the Consequential Provisions Act — the Water Consolidation (Consequential Provisions) Act 1991 Schedule 23, Part II, paragraph 24

the environment — all, or any, of the following media, namely, the air, water and land (and the medium of air includes the air within buildings and the air within other natural or man-made structures above or below ground); “environmental functions”, in relation to a Minister of the Crown, means any function of that Minister, whether conferred or imposed under or by virtue of any enactment or otherwise, relating to the environment Section 113(5)

the environment — all, or any, of the following media, namely, the air, water and land (and the medium of air includes the air within buildings and the air within other natural or man-made structures above or below ground); “environmental licence”, in the application of this Part in relation to an appropriate agency, means any of the following— so far as having effect in relation to England and Wales; registration of a person as a carrier of controlled waste under section 2 of the Control of Pollution (Amendment) Act 1989, a permit granted by the appropriate agency under— regulations made under section 2 of the Pollution Prevention and Control Act 1999, other than the Greenhouse Gas Emissions Trading Scheme Regulations 2005 (S.I. 2005/925) and the Greenhouse Gas Emissions Trading Scheme Regulations 2012 (S.I. 2012/3038), regulations made under section 61 of the Water Act 2014. an authorisation under Part I of the 1990 Act, other than any such authorisation granted by a local enforcing authority, ... a licence under Chapter II of Part II of the 1991 Act, ... ... ... registration of a person as a broker of or dealer in controlled waste under assimilated law which, in England and Wales, implemented… Section 56(1)

the Environmental Permitting Regulations — the Environmental Permitting (England and Wales) Regulations 2016 (S.I. 2016/1154); “exempt facility” has the meaning given in regulation 5 of the Environmental Permitting Regulations; “occupier”, in relation to premises, includes a person who habitually lives on the premises; “owner”, in relation to premises consisting of land, means a person (other than a mortgagee not in possession) who, whether in his own right or as trustee for any other person, is entitled to receive the rack rent of the land, or, where the land is not let at a rack rent, would be so entitled if it were so let Section 109N(1)

the fixed penalty system — 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 Schedule 11, paragraph 5(6)

the fixed penalty system — the system implementing this section and regulations made under it Section 104(1)

the initial period — the period of six months beginning with the day on which subsection (1) above comes into force Section 30Z(8)

the initial period — the period of six months beginning with the day on which subsection (1) above comes into force Section 58(8)

the initial period — the period of six months beginning with the day on which subsection (1) above comes into force Section 59(8)

the initial period — the period of six months beginning with the day on which subsection (1) above comes into force Section 91B(8)

the Kyoto Protocol Registry — the registry administered on behalf of the United Kingdom for the purposes of its obligations as a party to the Kyoto Protocol to the United Nations Framework Convention on Climate Change Section 41A(7)

the Minister — the Minister of Agriculture, Fisheries and Food; “subordinate legislation” has the same meaning as in the Interpretation Act 1978; “the transfer date” has the same meaning as in Part I of this Act Schedule 15, paragraph 1

the Minister — the Minister of Agriculture, Fisheries and Food; “subordinate legislation” has the same meaning as in the Interpretation Act 1978 Section 120(6)

the Minister — the Minister of Agriculture, Fisheries and Food; “the transfer date” has the same meaning as in Part I of this Act Section 121(7)

the Minister — the Minister of Agriculture, Fisheries and Food Section 56(1)

the Ministers — the Secretary of State and the Minister Section 104(1)

the Ministers — the Secretary of State and the Minister; “navigation authority” has the meaning given by section 221(1) of the 1991 Act Section 56(1)

the Registries Regulation 2013 — Commission Regulation (EU) No 389/2013 establishing a Union Registry pursuant to Directive 2003/87/EC of the European Parliament and of the Council, Decisions No 290/2004/EC and No 406/2009/EC of the European Parliament and of the Council and repealing Commission Regulations (EU) No 920/2010 and No 1193/2011, as amended from time to time Section 41A(7)

the relevant day in 1969 — — . . ., 31st March 1969; . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Schedule 13, paragraph 2(6)

the relevant enactments — the Alkali, &c, Works Regulation Act 1906 and section 5 of the 1974 Act; “the relevant statutory provisions” has the same meaning as in Part I of the 1974 Act Schedule 22, paragraph 30(8)

the relevant land or waters — — the contaminated land in question; any controlled waters affected by that land; or any land adjoining or adjacent to that land or those waters Section 57(5)

the relevant land or waters — — the contaminated land in question; any controlled waters affected by that land; or any land adjoining or adjacent to that land or those waters Section 78N(5)

the relevant new Agency — — in the application of this Schedule in relation to transfers by or under section 3 of this Act, the Agency; and in the application of this Schedule in relation to transfers by or under section 22 of this Act, SEPA Schedule 2, Part I, paragraph 1

the responsible person — the owner of the water or canal undertaking or (as the case may be) the occupier of the mill or the owner or occupier of the fish farm. by means of any conduit or artificial channel, water is diverted from waters frequented by salmon or migratory trout; and any of the water so diverted is used for the purposes of a water or canal undertaking or for the purposes of any mill or fish farm Schedule 15, paragraph 13(1)

the review date — the date set by the authority as the review date for the purposes of the periodic review Schedule 14, paragraph 12(A2)

the review date — the relevant date found under sub-paragraph (1) below in relation to the site Schedule 14, paragraph 12(A4)

the River Esk — that River as defined by section 111(4) of the Scotland Act 1998 or as such definition as may be modified by an order under section 111(1) of that Act Section 6

the River Tweed — “the river” within the meaning of the Tweed Fisheries Amendment Act 1859 as amended by byelaws. “salmon”, “trout”, “eels”, “smelt”, “fish” and “freshwater fish” have the same meanings as in the Salmon and Freshwater Fisheries Act 1975 Section 6

the specified period — such period of thirty years or less from the date of service of the charging notice as is specified in the order Section 57(13)

the specified period — such period of thirty years or less from the date of service of the charging notice as is specified in the order Section 78P(13)

the substitution date — the date on which paragraph 13 of Schedule 15 to this Act comes into force Schedule 23, Part I, paragraph 14(8)

the transfer date — the date which, by virtue of section 56(1) of this Act, is the transfer date for the purposes of Part I of this Act as it applies in relation to the Agency Schedule 23, Part I, paragraph 14(8)

the transfer date — such date as the Secretary of State may by order made by statutory instrument appoint as the transfer date for the purposes of this Part; and different dates may be appointed for the purposes of this Part— as it applies for or in connection with transfers under or by virtue of Chapter I above, and as it applies for or in connection with transfers under or by virtue of Chapter II above; “waste regulation authority”— in the application of this Part in relation to the Agency, means any authority in England or Wales which, by virtue of section 30(1) of the 1990 Act, is a waste regulation authority for the purposes of Part II of that Act; and in the application of this Part in relation to SEPA, means any council which, by virtue of section 30(1)(g) of the 1990 Act, is a waste regulation authority for the purposes of Part II of that Act Section 56(1)

the transferee — the new Agency whose functions they so become Schedule 23, Part I, paragraph 4(3)

the Waste Directive — the directive of the Council of the European Communities, dated 15th July 1975, on waste, as amended by— the directive of that Council, dated 18th March 1991, amending directive 75/442/EEC on waste; and the directiveof that Council, dated 23rd December 1991, standardising and rationalising reports on the implementation of certain Directives relating to the environment Schedule 22, paragraph 88(4)

transfer scheme — a scheme under section 3 or 22 of this Act; “the transferor”, in relation to transfers by or under section 3 of this Act, means— in the case of any transfer by section 3(1)(a) of this Act, the National Rivers Authority or the London Waste Regulation Authority, as the case may be; or in the case of any transfer scheme, or any transfer by transfer scheme— (as the case may be) from whom any property, rights or liabilities are, or are to be, transferred by that scheme; the Secretary of State, the chief inspector, or any waste regulation authority, “the transferor”, in relation to transfers by or under section 22 of this Act, means— in the case of any transfer by section 22(1)(a) of this Act, the river purification board in question; or in the case of any transfer scheme, or any transfer by transfer scheme— (as the case may be) from whom any property, rights or liabilities are, or are to be, transferred by that scheme; and, as respects any such local authority which is a district or islands council, includes, in relation to any time on or after 1st April 1996, the council for any local government area named in column 1 of Schedule 1 to the Local Government etc. (Scotland) Act 1994… Schedule 2, Part I, paragraph 1

transfer scheme — a scheme made or approved by the Secretary of State under section 3 or 22 above for the transfer of property, rights or liabilities to the Agency or to SEPA Section 119(4)

transferor — any body or person any or all of whose administrative and departmental records are transferred to and vested in the Agency by or under section 3 of this Act Schedule 23, Part I, paragraph 9(2)

transferor — any body or person any or all of whose functions become, by virtue of any provision made by or under this Act, functions of a new Agency Section 55(10)

transferred functions — any functions which, by virtue of any provision made by or under this Act, become functions of a new Agency and Schedule 23, Part I, paragraph 4(3)

transferred functions — any functions which, by virtue of any provision made by or under this Act, become functions of a new Agency Section 55(10)

unitary authority — — the council of a county, so far as it is the council of an area for which there are no district councils; the council of any district comprised in an area for which there is no county council; the council of a London borough; the council of a county borough in Wales Section 57(9)

unitary authority — — the council of a county, so far as it is the council of an area for which there are no district councils; the council of any district comprised in an area for which there is no county council; the council of a London borough; the council of a county borough in Wales Section 58(8)

unitary authority — — the council of a county, so far as it is the council of an area for which there are no district councils; the council of any district comprised in an area for which there is no county council; the council of a London borough; the council of a county borough in Wales Section 78A(9)

unitary authority — — the council of a county, so far as it is the council of an area for which there are no district councils; the council of any district comprised in an area for which there is no county council; the council of a London borough; the council of a county borough in Wales Section 91(1)

unitary authority — — the council of a county, so far as it is the council of an area for which there are no district councils; the council of any district comprised in an area for which there is no county council; the council of a London borough; the council of a county borough in Wales Section 91B(8)

vehicle — — a motor vehicle within the meaning of the Road Traffic Regulation Act 1984, a vehicle drawn by a motor vehicle, mobile plant Section 110A(6)

Waste — any substance or object in the categories set out in Schedule 2B to this Act which the holder discards or intends or is required to discard; and for the purposes of this definition— Schedule 22, paragraph 88(2)

waste collection authority — a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 Section 110A(6)

waste management licence — such a licence granted under Part II of the Environmental Protection Act 1990 Schedule 16, paragraph 2(3)

water companies — — water undertakers and sewerage undertakers, and water supply licensees and sewerage licensees within the meaning of the Water Industry Act 1991 Section 41(1B)

water industry enforcement functions — functions performed for the purpose of assessing or securing compliance by water companies (within the above meaning), or responding to failures on their part to comply, with any provision made by— but, in relation to water supply licensees and sewerage licensees, includes those functions only so far as performed in respect of the activities to which their licences relate. sections 205A and 205B of the Water Industry Act 1991 (pollution incident reduction plans and implementation reports), Chapter 2 of Part 2 of the Water Resources Act 1991 (water abstraction and impounding), Chapter 3 of that Part (drought orders and drought permits), or the Environmental Permitting (England and Wales) Regulations 2016 (regulation of certain facilities and activities) Section 41(1B)

works notice — a works notice under section 161A above Schedule 22, paragraph 162(5)

works notice — a works notice under section 161A above Schedule 22, paragraph 162(5)

works notice — a works notice under section 161A above Schedule 22, paragraph 162(7)

works notice — a works notice under section 46A of this Act. A person on whom a works notice is served may, within the period of twenty-one days beginning with the day on which the notice is served, appeal against the notice to the Secretary of State. On any appeal under this section the Secretary of State— shall quash the notice, if he is satisfied that there is a material defect in the notice; but subject to that, may confirm the notice, with or without modification, or quash it. The Secretary of State may by regulations make provision with respect to— the grounds on which appeals under this section may be made; or the procedure on any such appeal. Regulations under subsection (3) above may (among other things)— include provisions comparable to those in section 290 of the Public Health Act 1936 (appeals against notices requiring the execution of works); prescribe the cases in which a works notice is, or is not, to be suspended until the appeal is decided, or until some other stage in the proceedings; prescribe the cases in which the decision on an appeal may in some respects be less favourable to the appellant than the works notice against which he is appealing; prescribe the cases in which… Schedule 22, paragraph 29(22)

year — a period of 12 months beginning with 1st April Section 74(3)