Application to Crown: EPA 1990 s. 159
Crown bound by EPA 1990 but not criminally liable; enforcing authorities may seek declaratory order from High Court or Court of Session.
Subject to the provisions of this section, the provisions of this Act and of regulations and orders made under it shall bind the Crown. No contravention by the Crown of any provision of this Act or of any regulations or order made under it shall make the Crown criminally liable; but the High Court or, in Scotland, the Court of Session may, on the application of any public or local authority charged with enforcing that provision, declare unlawful any act or omission of the Crown which constitutes such a contravention. Notwithstanding anything in subsection (2) above, the provisions of this Act and of regulations and orders made under it shall apply to persons in the public service of the Crown as they apply to other persons. If the Secretary of State certifies that it appears to him, as respects any Crown premises and any powers of entry exercisable in relation to them specified in the certificate that it is requisite or expedient that, in the interests of national security, the powers should not be exercisable in relation to the premises, those powers shall not be exercisable in relation to those premises; and in this subsection “ Crown premises ” means premises held or used by or on behalf of the Crown. Nothing in this section shall be taken as in any way affecting Her Majesty in her private capacity; and this subsection shall be construed as if section 38(3) of the Crown Proceedings Act 1947 (interpretation of references in that Act to Her Majesty in her private capacity) were contained in this Act. References in this section to regulations or orders are references to regulations or orders made by statutory instrument. For the purposes of this section in its application to Part II and Part IV the authority charged with enforcing the provisions of those Parts in its area is— in the case of Part II, any waste regulation authority, and in the case of Part IV, any principal litter authority.
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
The Crown (government departments, agencies, etc.) is generally bound by the Environmental Protection Act 1990 and its regulations, but cannot be prosecuted for criminal offences. Instead, a public or local authority responsible for enforcing the Act may apply to the High Court (or Court of Session in Scotland) for a declaration that an act or omission of the Crown is unlawful.
Individuals employed in the public service (civil servants, employees of Crown bodies) are personally subject to the same criminal and civil liabilities as anyone else – the exemption only applies to the Crown as a legal entity.
The Secretary of State can issue a certificate to prevent powers of entry on Crown premises if national security requires it. The Queen in her private capacity (e.g., her personal estates) is not affected by this section. References to regulations or orders mean those made by statutory instrument; for Parts II (waste) and IV (litter) the enforcing authorities are waste regulation authorities and principal litter authorities respectively.
When it applies
- A waste regulation authority learns that a government department is illegally disposing of hazardous waste and applies for a court declaration instead of prosecution.
- A principal litter authority finds a Crown building (e.g., a jobcentre) with litter accumulation and seeks a declaratory order.
- The Ministry of Defence certifies a military base under national security exemption, barring entry by environmental inspectors.
- A civil servant deliberately causes a pollution incident and is prosecuted individually under the Act.
- A private complaint about a Royal estate (e.g., Sandringham) is not actionable under this section because the Queen's private capacity is excluded.
What this section does not say
- This section does not allow a private individual to sue the Crown directly for damages or injunctions; only designated enforcement authorities can seek declaratory relief.
- It does not exempt Crown contractors or private companies working for the Crown – they remain fully liable.
- It does not prevent the Crown from being held civilly liable (e.g., in tort) for environmental harm; only criminal liability is excluded.
- It does not apply to the Queen in her private capacity – private estates may not be bound by some provisions.
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This page reproduces the text of EPA 1990 s. 159 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.