Application to Isles of Scilly: EPA 1990 s. 76
EPA 1990 s. 76 exempts the Isles of Scilly from Part II (waste management) unless the Secretary of State orders application after consulting the Council.
Subject to the provisions of any order under this section, this Part shall not apply in relation to the Isles of Scilly. The Secretary of State may, after consultation with the Council of the Isles of Scilly, by order provide for the application of any provisions of this Part to the Isles of Scilly; and any such order may provide for the application of those provisions to those Isles with such modifications as may be specified in the order. An order under this section may— make different provision for different cases, including different provision in relation to different persons, circumstances or localities; and contain such supplemental, consequential and transitional provision as the Secretary of State considers appropriate, including provision saving provision repealed by or under any enactment.
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 provision excludes the Isles of Scilly from Part II of the Environmental Protection Act 1990 by default. Part II covers waste management, including controlled waste, licences, and enforcement. The Secretary of State can bring the Isles within Part II by making an order, but only after consulting the Council of the Isles of Scilly. Any such order may apply the provisions with modifications, can make different provision for different cases, and may include supplemental, consequential, or transitional arrangements.
When it applies
- A waste disposal company wants to operate on St Mary's and needs to know whether Part II waste management controls apply there.
- The Council of the Isles of Scilly reviews its waste management obligations and whether the Secretary of State has made an order under this section.
- The Secretary of State considers extending specific waste regulations to the Isles and must consult the Council before making an order.
- A resident on Tresco is unsure whether they need a waste carrier licence because the Isles are not covered by Part II.
- An order is made that applies Part II to the Isles with modifications, affecting how waste is handled locally.
What this section does not say
- This section does not set out the specific waste management duties under Part II (those are in other sections like s.63a, s.71, s.73).
- It does not define what counts as waste (see s.75 for definitions).
- It does not cover enforcement or penalties for waste offences (see s.73 and s.74).
- It does not deal with contaminated land (Part IIA, beginning at s.78a).
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This page reproduces the text of EPA 1990 s. 76 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.