The Environmental Protection Act 1990 (EPA 1990) is the foundational piece of UK environmental legislation governing waste, contaminated land, statutory nuisance, and pollution control. It places a statutory “duty of care” on anyone who produces, holds, or handles waste, requires authorisation for processes that release pollutants, gives local authorities powers to deal with statutory nuisances (noise, smoke, smells, and similar), and creates the framework for managing contaminated land. Although later legislation (the Environment Act 1995, the Environmental Permitting Regulations 2016, the Environment Act 2021) has built on and partly replaced its provisions, EPA 1990 remains in force and continues to underpin UK environmental compliance. Breach is a criminal offence enforced by the Environment Agency, Natural Resources Wales, SEPA, and local authorities.
The Environmental Protection Act 1990 is the law that, more than any other, set the structure of UK environmental compliance for the past three decades. It was the first UK Act to bring together waste management, pollution control and contaminated land into a single statutory framework. Most subsequent environmental law has built on its foundations rather than replaced it, and the duty of care for waste in Section 34 remains one of the most-cited duties in UK environmental enforcement.
This guide explains what EPA 1990 requires, who it applies to, and how it fits with the wider environmental regulatory framework that has developed since. It’s written for UK businesses, sustainability practitioners and people new to environmental compliance — not for environmental lawyers or specialists.
What is the Environmental Protection Act 1990?
EPA 1990 is an Act of the UK Parliament that received Royal Assent on 1 November 1990. It was a consolidating Act that brought together provisions previously scattered across the Control of Pollution Act 1974 and earlier statutes, and introduced new duties on waste handlers, polluting industries, and land owners.
The Act is divided into nine Parts, each covering a different area of environmental regulation. The most important from a business-compliance perspective are:
- Part I — Integrated Pollution Control (IPC) and Local Authority Air Pollution Control. Now largely superseded by the Environmental Permitting Regulations 2016 but the framework principles remain
- Part II — Waste on land. Includes the Section 34 duty of care, waste management licensing, and the offence of unauthorised waste deposit
- Part IIA — Contaminated land regime, inserted by the Environment Act 1995
- Part III — Statutory nuisance regime, giving local authorities powers to address noise, smoke, smells, and other nuisances affecting health
The Act applies across England, Wales and Scotland, with Northern Ireland having broadly equivalent legislation. Enforcement is split between the Environment Agency (England), Natural Resources Wales, SEPA (Scotland), and local authorities, depending on the type of breach.
The Section 34 duty of care for waste
Section 34 of EPA 1990 places a statutory duty of care on any person who imports, produces, carries, keeps, treats, disposes of, or has control over controlled waste. The duty has remained in force essentially unchanged since 1990 and applies to almost every UK business that produces any waste.
The duty requires the person to take all reasonable measures to:
- Prevent the unauthorised or harmful deposit, treatment or disposal of waste
- Prevent any other person from breaching the duty
- Prevent the escape of waste from their control
- Ensure that any transfer of waste is to an authorised person, accompanied by an adequate written description — the waste transfer note system
The waste transfer note (or for hazardous waste, the consignment note) is the documentary record that demonstrates compliance with the duty. Every business has to keep records of waste transfers and be able to produce them on request — for non-hazardous waste, for at least two years; for hazardous waste, for at least three.
The duty of care is one of the most enforced provisions in UK environmental law. It applies regardless of business size or sector. A small office that has its waste collected by an unlicensed carrier, a contractor whose waste is fly-tipped by a sub-contractor, or a manufacturer who fails to check the destination of its waste — all are potentially in breach of Section 34.
Statutory nuisance under Part III
Part III of EPA 1990 gives local authorities a duty to inspect their area for statutory nuisances and powers to take action when they find them. The categories of statutory nuisance defined in Section 79 include:
- Premises in such a state as to be prejudicial to health or a nuisance
- Smoke, fumes or gases emitted from premises so as to be prejudicial to health or a nuisance
- Dust, steam, smell or other effluvia arising on industrial, trade or business premises and being prejudicial to health or a nuisance
- Noise emitted from premises so as to be prejudicial to health or a nuisance
- Accumulations or deposits prejudicial to health or a nuisance
- Animals kept in such a place or manner as to be prejudicial to health or a nuisance
- Insects emanating from relevant industrial, trade or business premises
- Artificial light from premises (excluding outdoor sports and certain transport facilities)
Where a statutory nuisance is identified, the local authority must serve an abatement notice on the person responsible (or the owner/occupier of the premises). The notice can require the nuisance to be abated, prohibit its recurrence, or specify works to be done. Failure to comply with an abatement notice without reasonable excuse is a criminal offence punishable by fine.
Contaminated land under Part IIA
Part IIA was inserted into EPA 1990 by the Environment Act 1995 and provides the framework for identifying and remediating contaminated land. Local authorities have a duty to inspect their area to identify contaminated land — defined as land that appears to be in such a condition that significant harm is being caused or there’s significant risk of such harm, or that pollution of controlled waters is being or is likely to be caused.
Where contaminated land is identified, the local authority can serve a remediation notice on the “appropriate person” — typically the polluter (Class A appropriate person) or, if the polluter cannot be found, the current owner or occupier (Class B). The notice can require remediation work to specified standards within specified timescales.
Part IIA sits alongside the planning system — contaminated land issues are usually addressed at the planning stage for new development, with Part IIA reserved for legacy contamination on developed sites where redevelopment is not driving the remediation.
How EPA 1990 fits with later environmental legislation
EPA 1990 was the foundation. UK environmental law has developed since with major Acts and regulations layered on top:
| Legislation | What it added |
|---|---|
| Environment Act 1995 | Created the Environment Agency (replacing HM Inspectorate of Pollution), inserted the contaminated land regime as Part IIA of EPA 1990, established statutory environmental impact assessments |
| Pollution Prevention and Control Act 1999 | Implemented the EU Integrated Pollution Prevention and Control Directive; began the replacement of EPA 1990 Part I |
| Environmental Permitting Regulations 2007 / 2010 / 2016 | Brought together waste management licensing, pollution prevention and control, water discharge, and other permitting regimes into a single permitting system. Largely superseded EPA 1990 Part I and the original Part II waste licensing |
| Environment Act 2021 | Post-Brexit framework Act covering air quality, water, biodiversity, waste reduction, and creating the Office for Environmental Protection. Did not replace EPA 1990 but added to UK environmental governance |
The cumulative effect is that EPA 1990 today is mostly the duty of care, the statutory nuisance regime, and the contaminated land framework — the rest of its content has been largely superseded. But the parts that remain are still active law and still routinely enforced.
Who enforces EPA 1990?
Enforcement is split by subject matter and country:
- Environment Agency (England) — waste duty of care, environmental permitting, contaminated land in some cases, water pollution
- Natural Resources Wales — equivalent functions in Wales
- SEPA (Scotland) — equivalent functions in Scotland
- Local authorities — statutory nuisance under Part III, contaminated land under Part IIA, fly-tipping, smaller-scale waste duty of care
Penalties on conviction can be substantial. For waste duty of care offences and unauthorised waste deposit, fines on conviction are unlimited in the Crown Court and can extend to imprisonment for serious cases. The Sentencing Council guideline on environmental offences (2014) has produced fine levels well into seven figures for large-organisation defendants in serious cases.
Frequently asked questions
Is the Environmental Protection Act 1990 still in force?
Yes. The Act remains in force although significant parts have been superseded by later legislation, particularly the Environmental Permitting Regulations 2016. The Section 34 duty of care, the statutory nuisance regime in Part III, and the contaminated land regime in Part IIA all remain active law.
What does the Section 34 duty of care require?
Anyone producing, handling, transporting or disposing of waste must take all reasonable measures to prevent unauthorised disposal, prevent escape, ensure transfer only to authorised persons, and accompany the transfer with a written description on a waste transfer note.
Who has to comply with EPA 1990?
The duty of care applies to virtually every UK business that produces waste. The statutory nuisance and contaminated land provisions apply to owners and occupiers of premises. The integrated pollution control provisions (mostly now under Environmental Permitting Regulations) apply to operators of installations that emit pollutants.
What’s the difference between EPA 1990 and the Environment Act 2021?
EPA 1990 is foundational substantive law — it creates specific duties on waste, nuisance and contaminated land. The Environment Act 2021 is post-Brexit framework legislation creating governance structures, targets, and powers to make secondary legislation. They sit alongside each other rather than replacing each other.
What are the penalties for breaching the duty of care?
Breach of Section 34 is a criminal offence. On conviction in the Crown Court, fines are unlimited; for serious cases involving large organisations, fines well into six and seven figures are now common. Imprisonment is available for the most serious offences, particularly where waste is deliberately and illegally dumped.
Where can I learn more about environmental compliance?
Practical environmental compliance is built through training and qualified competence. KeyOstas offers IEMA, ISEP, and IOSH Environmental Responsibilities courses covering the practical regulatory landscape including EPA 1990 and the legislation built on it.
Where to learn more
Practical compliance with environmental law is built through training and competent advice. KeyOstas offers a range of accredited environmental training options:
- IOSH Working with Environmental Responsibilities — introductory course covering the manager’s role in environmental compliance, including the duty of care
- ISEP courses — professional environmental qualifications for practitioners moving into environmental management roles
- KeyOstas Advisory Service — consultancy support on environmental compliance, waste management documentation, and EPA 1990 duty of care frameworks
For the wider H&S regulatory picture, see our guides on the Health and Safety at Work Act 1974, MHSWR 1999, and COSHH. Or call us on +44 (0) 3300 569534 to discuss training, consultancy, or compliance support for your organisation.
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