Power to implement obligations EPA 1990 s. 156
Section 156 of the EPA 1990 empowers the Secretary of State to modify environmental laws by regulations to fulfill international and assimilated obligations.
The Secretary of State may by regulations provide that the provisions to which this section applies shall have effect with such modifications as may be prescribed for the purpose of enabling Her Majesty’s Government in the United Kingdom— to give effect to any assimilated obligation or exercise any related right; or to give effect to any obligation or exercise any related right under any international agreement to which the United Kingdom is for the time being a party. This section applies to the following provisions of this Act— Part I; Part II; Part VI; and in Part VIII, sections 140, 141 or 142 ; and the provisions of the the Radioactive Substances Act 1993 Environmental Authorisations (Scotland) Regulations 2018 . In this section— “ modifications ” includes additions, alterations and omissions; “ prescribed ” means prescribed in regulations under this section; and “ related right ”, in relation to an obligation, includes any derogation or other right to make more onerous provisions available in respect of that obligation. This section, in its application to Northern Ireland, has effect subject to the following modifications, that is to say— in its application in relation to Part VI and sections 140, 141, and 142, the reference to Her Majesty’s Government in the United Kingdom includes a reference to Her Majesty’s Government in Northern Ireland; and in its application in relation to the Radioactive Substances Act 1960, the reference to the Secretary of State shall be construed as a reference to the Department of the Environment for Northern Ireland and the reference to Her Majesty’s Government in the United Kingdom shall be construed as a reference to Her Majesty’s Government in Northern Ireland; and regulations under it made by that Department shall be a statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 and shall be subject to negative resolution within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954.
Text in force at .
Source: legislation.gov.uk — The National Archives (legislation.gov.uk), reproduced under licence Open Government Licence v3.0.
What it actually says
This section provides a secondary legislative power enabling the Secretary of State to make regulations that alter specific parts of environmental legislation. These modifications, which can include additions, alterations, or omissions, are permitted to give effect to international treaties or assimilated obligations, or to exercise rights connected to them.
The scope of this modifying power applies to designated statutory provisions, including Part I, Part II, Part VI, and sections 140, 141, and 142 of Part VIII, alongside specific provisions on radioactive substances and environmental authorisations.
In Northern Ireland, this power applies with statutory modifications that transfer relevant functions to the Department of the Environment for Northern Ireland, where regulations are issued as statutory rules subject to negative resolution under section 41(6) of the Interpretation Act (Northern Ireland) 1954.
When it applies
- The Secretary of State issuing regulations to amend waste management duties under Part II to comply with an updated international treaty.
- Ministers modifying statutory controls on genetically modified organisms in Part VI to align with an international agreement.
- The Department of the Environment for Northern Ireland making secondary rules to align local radioactive oversight with international standard obligations.
What this section does not say
- A private legal challenge seeking to strike down local waste collection fees based directly on general international treaties.
- An application by a landowner for direct compensation from the Secretary of State due to statutory environmental restrictions.
- Prosecution of illegal waste tipping, which is enforced under individual regulatory offences in Part II rather than through this enabling power.
Related sections
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This page reproduces the text of EPA 1990 s. 156 in force at the date shown and explains it in general terms. It is not legal advice and takes no account of the circumstances of your case, which can change the answer completely. For a live dispute, for limitation periods, and before taking any step in court, consult a qualified lawyer in England and Wales.