No prescribed process without authorisation: EPA 1990 s. 6
EPA 1990 s. 6 bans carrying on a prescribed process without authorisation, and mandates reviews of conditions every 4 years, with exceptions.
No person shall carry on a prescribed process after the date prescribed or determined for that description of process by or under regulations under section 2(1) above (but subject to any transitional provision made by the regulations) except under an authorisation granted by the enforcing authority and in accordance with the conditions to which it is subject. An application for an authorisation shall be made to the enforcing authority in accordance with Part I of Schedule 1 to this Act and shall be accompanied by in a case where, by virtue of section 41 of the Environment Act 1995, a charge prescribed by a charging scheme under that section is required to be paid to the appropriate Agency in respect of the application, the charge so prescribed; or in any other case, the fee prescribed under section 8(2)(a) below. Where an application is duly made to the enforcing authority, the authority shall either grant the authorisation subject to the conditions required or authorised to be imposed by section 7 below or refuse the application. An application shall not be granted unless the enforcing authority considers that the applicant will be able to carry on the process so as to comply with the conditions which would be included in the authorisation. The Secretary of State may, if he thinks fit in relation to any application for an authorisation, give to the enforcing authority directions as to whether or not the authority should grant the authorisation. Subject to subsection (6A) below, the enforcing authority shall, as respects each authorisation in respect of which it has functions under this Part, from time to time but not less frequently than once in every period of four years, carry out a review of the conditions of the authorisation. Subsection (6) above shall not require a review of the conditions of an authorisation to be carried out if– the prescribed process covered by the authorisation is carried on in a new Part A installation or by means of a new Part A mobile plant; the prescribed process covered by the authorisation is carried on in an existing Part A installation or by means of an existing Part A mobile plant and the review would be carried out within the period of two years ending at the beginning of the relevant period for that installation or mobile plant; the prescribed process covered by the authorisation is carried on in an existing Part B installation or by means of an existing Part B mobile plant and the review would be carried out within the two year period ending on the relevant date for that installation or mobile plant. Subsection (6) does not require a review of the conditions of an authorisation to be carried out if the prescribed process covered by the authorisation is— a Part A activity, a Part B activity, a solvent emission activity, or carried out using mobile plant. In subsection (6A) above, “new Part A installation”, “existing Part A installation”, “new Part A mobile plant”, “existing Part A mobile plant”, “relevant period”, “existing Part B installation”, “existing Part B mobile plant” and “relevant date” have the meanings given in Schedule 3 to the Pollution Prevention and Control (Scotland) Regulations 2000. In subsection (6A), “Part A activity”, “Part B activity”, “solvent emission activity” and “mobile plant” have the meanings given in the Pollution Prevention and Control (Scotland) Regulations 2012. The Secretary of State may, by regulations, substitute for the period for the time being specified in subsection (6) above such other period as he thinks fit. Schedule 1 to this Act (supplementary provisions) shall have effect in relation to authorisations.
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 prohibits anyone from carrying on a "prescribed process" (a process listed in regulations) after the relevant date unless they have been granted an authorisation by the enforcing authority. The authorisation must be applied for with the required fee, and the authority may grant it subject to conditions or refuse it.
The authority must review the conditions of each authorisation at least once every four years. However, there are exceptions for certain types of installations and mobile plant, defined in regulations (specifically, the Pollution Prevention and Control (Scotland) Regulations 2000 and 2012). The Secretary of State can also direct the authority on whether to grant an authorisation, and can change the review period by regulations.
The section also refers to Schedule 1 for supplementary provisions about authorisations.
When it applies
- A factory operator wants to start a new chemical process that is listed as a prescribed process; they must obtain an authorisation from the enforcing authority before starting.
- An existing waste incineration plant has its authorisation conditions reviewed by the authority every four years, unless it falls within one of the exceptions (e.g., it is a new Part A installation and the review period is within two years of the start).
- A small business owner applies for an authorisation to run a solvent degreasing process, but the authority refuses because the business lacks the technical capability to meet emission limits.
- A person carries on a prescribed process without an authorisation after the prescribed date; this is a breach of the section.
- The Secretary of State issues a direction to the enforcing authority to refuse a specific application for an authorisation.
What this section does not say
- This section does not set the actual emission limits or conditions; those are set by other regulations and by the enforcing authority in each authorisation.
- This section does not apply to all industrial activities, only to those prescribed in regulations.
- This section does not give a right to an authorisation; the authority can refuse if the applicant is not capable of complying.
- This section does not cover waste disposal activities that are not prescribed processes; those are governed by Part II of the Act (sections 49-71).
Related sections
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This page reproduces the text of EPA 1990 s. 6 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.