Meghan Hodges
The Pollution Prevention and Control Act 1999 is an Act to make provisions for implementing Council Directive 96/61/EC and for preventing and controlling pollution. The Act enables the Secretary of State to make regulations that correspond to sections 137 to 140 of the Merchant Shipping Act 1995, which focus on preventing and reducing pollution by oil or other substances following an accident. The Act also covers expired or expiring disposal or waste management licences and extends to Northern Ireland. The Pollution Prevention and Control Act 1999 has been amended over the years to include various European Directives, such as those concerning water policy, environmental noise, and waste management. The Act requires a range of industrial installations to be regulated by a system of integrated pollution prevention and control (IPPC), with emissions to air, water, and land considered under IPPC regulations.
| Characteristics | Values |
|---|---|
| Name of the Act | Pollution Prevention and Control Act 1999 |
| Purpose | To make provision for implementing Council Directive 96/61/EC and for otherwise preventing and controlling pollution |
| Extent | Extends to Northern Ireland |
| Scope | Offshore installations, ships, petroleum, disposal or waste management licences |
| Regulatory Body | Secretary of State, Welsh Ministers |
| Related Legislation | Environmental Protection Act 1990, Merchant Shipping Act 1995, Interpretation Act 1978, Pollution Prevention and Control (Designation of Directives) (England and Wales) Order 2019 |
| Enforcement | Local enforcing authorities, local authorities |
| Permits | Required for certain activities, operators can appeal against refusal |
| Implementation | IPPC (Integrated Pollution Prevention and Control) system, focuses on emissions to air, water, and land |
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What You'll Learn
Implementing Council Directive 96/61/EC
The Pollution Prevention and Control Act 1999 was enacted to implement Council Directive 96/61/EC concerning integrated pollution prevention and control. The directive, adopted in September 1996, aimed to achieve integrated prevention and control of pollution to secure a high level of protection for the environment.
The directive covers six main industrial activities, including energy industries, basic organic chemical production, waste management, timber pulp production, slaughtering, and food product production from animal or vegetable raw materials. It addresses polluting emissions into the air, water, and land, waste production and disposal, energy use, accidents, and site contamination.
The Pollution Prevention and Control Act 1999 enabled provisions to be made in connection with implementing the directive, regulating activities capable of causing environmental pollution, and preventing or controlling emissions that could cause such pollution. It also provided for the application of regulations to the Crown.
The Act gave the Secretary of State the power to make regulations for the purposes listed in Part I of Schedule 1, with Part II supplementing Part I. These regulations could include consequential, incidental, supplementary, transitional, or saving provisions, as well as provisions amending, repealing, or revoking enactments, as deemed appropriate by the Secretary of State.
The directive required member states to transpose its provisions for new and modified installations into national law by October 30, 1999, with existing installations given an eight-year transition period until 2007 to comply fully.
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Expired or expiring disposal or waste management licences
The Pollution Prevention and Control Act 1999 (also referred to as PPC 1999) is a UK law that aims to prevent and control pollution. It covers a range of industrial installations, including offshore installations, and regulates them through a system of integrated pollution prevention and control (IPPC). The Act enables the Secretary of State to make provisions for preventing and reducing pollution by oil or other substances following an accident, in relation to ships and offshore installations.
The Act also addresses certain expired or expiring disposal or waste management licences. While the specific details of the provisions related to these licences are not readily available, it is clear that the Act is intended to provide clarity and direction in such cases.
The Pollution Prevention and Control Act 1999 has been amended over the years to include various European Directives. These directives aim to prevent and reduce different types of pollution, including environmental pollution by asbestos, urban waste water treatment, protection of waters against pollution from agricultural sources, and the control of volatile organic compound (VOC) emissions during the storage and distribution of petrol.
In addition to the above, the Act also covers the disposal of polychlorinated biphenyls and terphenyls, landfill waste management, noise emission control for outdoor equipment, and the management of bathing water quality. The Act extends to Northern Ireland, England, and Wales, with the Secretary of State and Welsh Ministers empowered to make relevant regulations.
The implementation of the Act involves local enforcing authorities, who can issue permits, enforcement notices, variation notices, suspension notices, and revocation notices to ensure compliance with pollution control standards. Operators can appeal against the refusal of applications or the conditions included in permits. The public plays a role as well, as all applications for permits (except for a few specific cases) must be advertised locally, and full details must be made available.
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Offshore installations
The Pollution Prevention and Control Act 1999 is a UK legislative act that aims to prevent and control environmental pollution. It provides a framework for implementing the Council Directive 96/61/EC and improving the management of expired or expiring disposal or waste management licences.
The Act enables the Secretary of State to make regulations specific to offshore installations, drawing from the Merchant Shipping Act 1995's provisions to prevent and reduce pollution. These regulations aim to ensure the exploration, development, and production of petroleum are carried out responsibly.
The Offshore Installations (Emergency Pollution Control) Regulations 2002 and its amendments also fall under the Act's scope, addressing emergency pollution control measures for offshore installations.
The IPPC Directive, which the Act implements, applies to large combustion plants on offshore installations. This directive requires appropriate remedial activities to take place following the closure of an installation.
In England and Wales, the Environment Agency and local authorities typically handle granting and updating permits, while matters concerning offshore installations are regulated by the Secretary of State for Trade and Industry.
The Act also addresses waste management licensing, removing time limits on waste disposal licences to ensure proper site management and prevent environmental pollution or harm to human health.
Overall, the Pollution Prevention and Control Act 1999 plays a crucial role in regulating offshore installations, ensuring that appropriate measures are in place to prevent, control, and mitigate the environmental impact of their operations.
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Environmental permitting regulations
The Pollution Prevention and Control Act 1999 is an Act to make provisions for implementing Council Directive 96/61/EC and for preventing and controlling pollution. It also addresses certain expired or expiring disposal or waste management licences. The Act requires a range of industrial installations to be regulated by a system of integrated pollution prevention and control (IPPC). Emissions to air, water and land are considered under IPPC regulations, along with other environmental impacts.
The Secretary of State may, in relation to offshore installations, make regulations that correspond to provisions made by, or capable of being made under, sections 137 to 140 of the Merchant Shipping Act 1995. This includes powers to prevent and reduce pollution, and the risk of pollution, by oil or other substances following an accident.
The Pollution Prevention and Control (PPC) 1999 Act is enforced by local authorities, who can issue enforcement, variation, suspension and revocation notices to ensure that appropriate standards of control are met. The inclusion of installations, or sites, subject to PPC regulations depends on the activity, the production capacity of those installations and/or the use of certain hazardous substances.
The application process for environmental permits involves submitting the relevant fee and providing consultation responses within 30 days of the application date. Operators can appeal against the refusal of an application, against the conditions included in a permit, and against various forms of notice that may be served by a local enforcing authority. All applications for permits (except for small waste oil burners, mobile plants and the unloading of petrol into storage) must be advertised locally, and full details must be made available to the public.
The Pollution Prevention and Control (Designation of Directives) (England and Wales) Order 2019 designates the following European Directives, to allow the Secretary of State and Welsh Ministers to make regulations under the 1999 Act:
- Directive 87/217/EEC on the prevention and reduction of environmental pollution by asbestos
- Directive 91/271/EEC concerning urban waste water treatment
- Directive 94/63/EC on the control of volatile organic compound (VOC) emissions resulting from the storage of petrol and its distribution from terminals to service stations
- Directive 2000/14/EC on the approximation of the laws of the Member States relating to the noise emission in the environment by equipment for use outdoors
- Directive 2002/49/EC relating to the assessment and management of environmental noise
- Directive 2006/118/EC on the protection of groundwater against pollution and deterioration ('Groundwater Directive')
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Local Authority Pollution Control (LAPC)
The Environmental Protection Act 1990 (EPA), Part I, introduced the responsibility for Local Air Pollution Control (LAPC) to all local authorities in England and Wales. This Act and subsequent Regulations effectively created two lists (Part A and Part B) of industrial activities, which require a permit to operate. Part A activities are the responsibility of the Environment Agency and controls relate to emissions to land, water, and air. Part B activities are subject to control by local authorities and controls relate only to emissions to air.
The Pollution Prevention and Control Act of 1999 affected the European Directive of 1996 on Integrated Pollution Prevention and Control in the United Kingdom. The Environmental Permitting (England and Wales) Regulations 2000 (as amended) introduced new Part A1 and Part A2 categories. Activities within these A1 and A2 installations are controlled through a single permitting procedure designed to protect the environment. All emissions to air, water, and land, together with other environmental effects defined as emissions (e.g. noise and vibration), are considered together.
Part A2 installations are regulated by local authorities in addition to their Part B responsibilities. Part B activities are regulated by local authorities and are known as Local Air Pollution Prevention and Control (LAPPC). Part A(2) and Part B installations are regulated by the local authority. Part B installations remain subject to controls over emissions to air only.
The Local Authority Pollution Control (LAPC) section provides application and registration forms. Additional forms are also available from the LAPC section, which must be submitted if an operator requests a transfer, variation, or surrender of a permit, or wishes to declare a reduced operation.
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Frequently asked questions
The Pollution Prevention and Control Act 1999 is an act to make provisions for implementing Council Directive 96/61/EC and for preventing and controlling pollution. It also addresses expired or expiring disposal or waste management licences.
The Act requires a range of industrial installations to be regulated by a system of integrated pollution prevention and control (IPPC). Emissions to air, water, and land are considered under IPPC regulations, along with other environmental impacts. The Act also allows the Secretary of State and Welsh Ministers to make regulations under European Directives related to pollution prevention and control.
The Act has implications for a range of industrial installations, which may now be subject to IPPC regulations depending on their activity, production capacity, and/or use of certain hazardous substances. Businesses operating these installations may need to apply for permits and comply with local authority enforcement, variation, suspension, and revocation notices to ensure appropriate standards of control.
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