Conditions of authorisations EPA 1990 s. 7
Section 7 mandates environmental authorisation conditions, including BATNEEC rules to prevent or minimise substance releases and pollution.
There shall be included in an authorisation— subject to paragraph (b) below, such specific conditions as the enforcing authority considers appropriate, when taken with the general condition implied by subsection (4) below, for achieving the objectives specified in subsection (2) below; such conditions as are specified in directions given by the Secretary of State under subsection (3) below; and such other conditions (if any) as appear to the enforcing authority to be appropriate; but no conditions shall be imposed for the purpose only of securing the health of persons at work (within the meaning of Part I of the Health and Safety at Work etc. Act 1974). Those objectives are— ensuring that, in carrying on a prescribed process, the best available techniques not entailing excessive cost will be used— for preventing the release of substances prescribed for any environmental medium into that medium or, where that is not practicable by such means, for reducing the release of such substances to a minimum and for rendering harmless any such substances which are so released; and for rendering harmless any other substances which might cause harm if released into any environmental medium; compliance with any directions by the Secretary of State given for the implementation of any assimilated obligations or international law relating to environmental protection; compliance with any limits or requirements and achievement of any quality standards or quality objectives prescribed by the Secretary of State under any of the relevant enactments; compliance with any requirements applicable to the grant of authorisations specified by or under a plan made by the Secretary of State under section 3(5) above. Except as respects the general condition implied by subsection (4) below, the Secretary of State may give directions to the enforcing authorities as to the conditions which are, or are not, to be included in all authorisations, in authorisations of any specified description or in any particular authorisation. Subject to subsections (5) and (6) below, there is implied in every authorisation a general condition that, in carrying on the process to which the authorisation applies, the person carrying it on must use the best available techniques not entailing excessive cost— for preventing the release of substances prescribed for any environmental medium into that medium or, where that is not practicable by such means, for reducing the release of such substances to a minimum and for rendering harmless any such substances which are so released; and for rendering harmless any other substances which might cause harm if released into any environmental medium. In the application of subsections (1) to (4) above to authorisations granted by a local enforcing authority references to the release of substances into any environmental medium are to be read as references to the release of substances into the air. The obligation implied by virtue of subsection (4) above shall not apply in relation to any aspect of the process in question which is regulated by a condition imposed under subsection (1) above. The objectives referred to in subsection (2) above shall, where the process— is one designated for central control; and is likely to involve the release of substances into more than one environmental medium; include the objective of ensuring that the best available techniques not entailing excessive cost will be used for minimising the pollution which may be caused to the environment taken as a whole by the releases having regard to the best practicable environmental option available as respects the substances which may be released. An authorisation for carrying on a prescribed process may, without prejudice to the generality of subsection (1) above, include conditions— imposing limits on the amount or composition of any substance produced by or utilised in the process in any period; and requiring advance notification of any proposed change in the manner of carrying on the process. This section has effect subject to section 28 below . . . References to the best available techniques not entailing excessive cost, in relation to a process, include (in addition to references to any technical means and technology) references to the number, qualifications, training and supervision of persons employed in the process and the design, construction, lay-out and maintenance of the buildings in which it is carried on. It shall be the duty of enforcing authorities to have regard to any guidance issued to them by the Secretary of State for the purposes of the application of subsections (2) and (7) above as to the techniques and environmental options that are appropriate for any description of prescribed process. In subsection (2) above “ the relevant enactments ” are any enactments or instruments contained in or made for the time being under— section 2 of the Clean Air Act 1968; assimilated law; Part I of the Health and Safety at Work etc. Act 1974; Parts II, III or IV of the Control of Pollution Act 1974; the Water Resources Act 1991; and section 3 of this Act ; and section 87 of the Environment Act 1995. and Part 1 of the Water Environment and Water Services (Scotland) Act 2003 (asp 3).
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
Section 7 sets out what conditions enforcing authorities must attach when granting an environmental authorisation for a prescribed industrial process. Authorisations must include specific conditions aimed at environmental protection, mandatory directions from the Secretary of State, and an implied general duty on the operator to use the best available techniques not entailing excessive cost (BATNEEC).
BATNEEC requires operators to prevent releases of prescribed substances into the environment or, if prevention is not practicable, to minimise releases and render substances harmless. BATNEEC applies not only to hardware and technology, but also to staffing levels, staff training, supervision, and site design or maintenance. For local authority enforcement, environmental releases are limited strictly to air emissions.
Authorisation conditions cannot be imposed solely to protect worker health and safety, which is regulated under separate workplace safety legislation. Enforcing authorities can also set conditions limiting the composition or volume of substances produced and requiring advance notification before an operator changes how a process is carried out.
When it applies
- A chemical manufacturer being required by an environmental regulator to use BATNEEC to control emissions.
- A local authority attaching conditions to an authorisation specifically targeting air pollution from a local factory.
- A plant operator being required to notify the regulator in advance before changing its manufacturing methods.
- An industrial site owner being required to train and supervise staff as part of their environmental permit compliance.
What this section does not say
- Setting health and safety rules purely to protect employees in the workplace (governed by Part I of the Health and Safety at Work etc. Act 1974).
- Serving legal notices to clear unlawfully dumped waste from private land (governed by section 59).
- Determining whether an applicant is a fit and proper person to hold a permit (governed by section 74).
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This page reproduces the text of EPA 1990 s. 7 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.