Summary: The Environment Act 1995 led to the creation of a number of government agencies, including:

– The Environment Agency
– The Scottish Environment Protection Agency (SEPA)
– The National Park authorities

The Act also brought in requirements for the government to prepare strategies on air quality, national waste and hedgerow protection.

The Environment Act 1995

1995 CHAPTER 25
An Act to provide for the establishment of a body corporate to be known as the Environment Agency and a body corporate to be known as the Scottish Environment Protection Agency; to provide for the transfer of functions, property, rights and liabilities to those bodies and for the conferring of other functions on them; to make provision with respect to contaminated land and abandoned mines; to make further provision in relation to National Parks; to make further provision for the control of pollution, the conservation of natural resources and the conservation or enhancement of the environment; to make provision for imposing obligations on certain persons in respect of certain products or materials; to make provision in relation to fisheries; to make provision for certain enactments to bind the Crown; to make provision with respect to the application of certain enactments in relation to the Isles of Scilly; and for connected purposes.

[19th July 1995]

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
.Annotations:
Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Extent Information

E1For the extent of this Act see s. 125(7)-(10).

Modifications etc. (not altering text)

C1Act (except specified provisions): transfer of certain functions (1.7.1999) by S.I. 1999/672, art. 2, Sch. 1

Part IE+W+S
The Environment Agency and the Scottish Environment Protection Agency
Chapter IE+W+S
The Environment Agency
Establishment of the AgencyE+W+S

1 The Environment Agency.E+W+S.(1)There shall be a body corporate to be known as the Environment Agency or, in Welsh, Asiantaeth yr Amgylchedd (in this Act referred to as “the Agency”), for the purpose of carrying out the functions transferred or assigned to it by or under this Act..
(2)The Agency shall consist of not less than eight nor more than fifteen members of whom—.
(a)three shall be appointed by the Minister; and.
(b)the others shall be appointed by the Secretary of State..
(3)The Secretary of State shall designate—.
(a)one of the members as the chairman of the Agency, and.
(b)another of them as the deputy chairman of the Agency..
(4)In appointing a person to be a member of the Agency, the Secretary of State or, as the case may be, the Minister shall have regard to the desirability of appointing a person who has experience of, and has shown capacity in, some matter relevant to the functions of the Agency..
(5)Subject to the provisions of section 38 below, the Agency shall not be regarded—.
(a)as the servant or agent of the Crown, or as enjoying any status, immunity or privilege of the Crown; or.
(b)by virtue of any connection with the Crown, as exempt from any tax, duty, rate, levy or other charge whatsoever, whether general or local;.
and the Agency’s property shall not be regarded as property of, or property held on behalf of, the Crown.
(6)The provisions of Schedule 1 to this Act shall have effect with respect to the Agency..
Transfer of functions, property etc. to the AgencyE+W+S

2 Transfer of functions to the Agency.E+W+S.(1)On the transfer date there shall by virtue of this section be transferred to the Agency—.
(a)the functions of the National Rivers Authority, that is to say—.
(i)its functions under or by virtue of Part II (water resources management) of the M1Water Resources Act 1991 (in this Part referred to as “the 1991 Act”);.
(ii)its functions under or by virtue of Part III of that Act (control of pollution of water resources);.
(iii)its functions under or by virtue of Part IV of that Act (flood defence) and the M2Land Drainage Act 1991 and the functions transferred to the Authority by virtue of section 136(8) of the M3Water Act 1989 and paragraph 1(3) of Schedule 15 to that Act (transfer of land drainage functions under local statutory provisions and subordinate legislation);.
(iv)its functions under or by virtue of Part VII of the 1991 Act (land and works powers);.
(v)its functions under or by virtue of the M4Diseases of Fish Act 1937, the M5Sea Fisheries Regulation Act 1966, the M6Salmon and Freshwater Fisheries Act 1975, Part V of the 1991 Act or any other enactment relating to fisheries;.
(vi)the functions as a navigation authority, harbour authority or conservancy authority which were transferred to the Authority by virtue of Chapter V of Part III of the M7Water Act 1989 or paragraph 23(3) of Schedule 13 to that Act or which have been transferred to the Authority by any order or agreement under Schedule 2 to the 1991 Act;.
(vii)its functions under Schedule 2 to the 1991 Act;.
(viii)the functions assigned to the Authority by or under any other enactment, apart from this Act;.
(b)the functions of waste regulation authorities, that is to say, the functions conferred or imposed on them by or under—.
(i)the M8Control of Pollution (Amendment) Act 1989, or.
(ii)Part II of the M9Environmental Protection Act 1990 (in this Part referred to as “the 1990 Act”),.
or assigned to them by or under any other enactment, apart from this Act;
(c)the functions of disposal authorities under or by virtue of the waste regulation provisions of the M10Control of Pollution Act 1974;.
(d)the functions of the chief inspector for England and Wales constituted under section 16(3) of the 1990 Act, that is to say, the functions conferred or imposed on him by or under Part I of that Act or assigned to him by or under any other enactment, apart from this Act;.
(e)the functions of the chief inspector for England and Wales appointed under section 4(2)(a) of the M11Radioactive Substances Act 1993, that is to say, the functions conferred or imposed on him by or under that Act or assigned to him by or under any other enactment, apart from this Act;.
(f)the functions conferred or imposed by or under the M12Alkali, &c, Works Regulation Act 1906 (in this section referred to as “the 1906 Act”) on the chief, or any other, inspector (within the meaning of that Act), so far as exercisable in relation to England and Wales;.
(g)so far as exercisable in relation to England and Wales, the functions in relation to improvement notices and prohibition notices under Part I of the M13Health and Safety at Work etc. Act 1974 (in this section referred to as “the 1974 Act”) of inspectors appointed under section 19 of that Act by the Secretary of State in his capacity as the enforcing authority responsible in relation to England and Wales for the enforcement of the 1906 Act and section 5 of the 1974 Act; and.
(h)the functions of the Secretary of State specified in subsection (2) below..

(2)The functions of the Secretary of State mentioned in subsection (1)(h) above are the following, that is to say—.
(a)so far as exercisable in relation to England and Wales, his functions under section 30(1) of the M14Radioactive Substances Act 1993 (power to dispose of radioactive waste);.
(b)his functions under Chapter III of Part IV of the M15Water Industry Act 1991 in relation to special category effluent, within the meaning of that Chapter, other than any function of making regulations or of making orders under section 139 of that Act;.
(c)so far as exercisable in relation to England and Wales, the functions conferred or imposed on him by virtue of his being, for the purposes of Part I of the 1974 Act, the authority which is by any of the relevant statutory provisions made responsible for the enforcement of the 1906 Act and section 5 of the 1974 Act;.
(d)so far as exercisable in relation to England and Wales, his functions under, or under regulations made by virtue of, section 9 of the 1906 Act (registration of works), other than any functions of his as an appellate authority or any function of making regulations;.
(e)so far as exercisable in relation to England and Wales, his functions under regulations 7(1) and 8(2) of, and paragraph 2(2)(c) of Schedule 2 to, the M16Sludge (Use in Agriculture) Regulations 1989 (which relate to the provision of information and the testing of soil)..

(3)The National Rivers Authority and the London Waste Regulation Authority are hereby abolished..
Annotations:
Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.