UK Act of Parliament 1974 United Kingdom

Control of Pollution Act 1974

An Act to make further provision with respect to waste disposal, water pollution, noise, atmospheric pollution and public health; and for purposes connected with the matters aforesaid.

Enforced by
Environment Agency, SEPA
Status
Amended (in force with amendments)
Penalty ceiling
Imprisonment 14 of 40 obligations carry an unlimited fine. 10 carry different penalties and 16 have no criminal penalty — flagged in the list below.

Does it bind you?

Business-side roles with duties under this instrument.

Any Person19 Occupier4 Licence Holder1 Operator1 Director or Officer1

Plus 14 duties on the regulator, Crown ministers and public bodies — folded into the section list below.

Other Acts binding the same actors

If a role above is yours, these are the other instruments that most often bind it.

Any Person — also bound by 2340 other Acts
Occupier — also bound by 235 other Acts
Licence Holder — also bound by 225 other Acts
Operator — also bound by 746 other Acts
Director or Officer — also bound by 429 other Acts

What it requires

Sections creating concrete business duties or carrying penalties, grouped as the instrument is structured. Titles link to the source text — blue means you’re leaving for legislation.gov.uk.

Part 1

Waste on land

18 of 30 sections shown
s.003 Prohibition of unlicensed disposal of waste. (opens in a new tab) Imprisonment
  • Unlicensed disposal or treatment of wasteAny Person
s.004 Provisions supplementary to s. 3. (opens in a new tab) Imprisonment
Other duties (1) — Crown / regulator
  • Secretary of State must consider exemptions for minor or controlled waste risksCrown / Minister / Government department
s.005 Licences to dispose of waste. (opens in a new tab) Imprisonment
  • Provide false information in a waste disposal licence applicationAny Person
s.006 Provisions supplementary to s. 5. (opens in a new tab) Prosecution
  • Breach waste disposal licence conditionsAny Person

Unlimited fine

s.007 Variation of conditions and revocation of licences. (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Environment Agency or SEPA must modify or revoke waste licencesStatutory regulator
s.009 Supervision of licensed activities. (opens in a new tab) Prosecution
  • Comply with waste disposal licence conditions and emergency worksLicence Holder

Unlimited fine

s.010 Appeals to Secretary of State from decisions with respect to licences. (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Appeal waste disposal licensing decisions to the Secretary of StateCrown / Minister / Government department
s.012 Collection of waste. (opens in a new tab) Regulated
  • Pay for the collection of commercial or industrial wasteAny Person
s.013 Dustbins etc. (opens in a new tab) Prosecution
  • Fail to comply with waste storage noticeOccupier

Fine up to £1,000

s.014 Disposal of waste in England and Wales. (opens in a new tab) Regulated
  • Pay reasonable charges for use of waste disposal facilitiesAny Person
s.016 Removal of waste deposited in breach of licensing provisions. (opens in a new tab) Prosecution
  • Fail to comply with waste removal noticeOccupier

Unlimited fine

s.017 Special provisions with respect to certain dangerous or intractable waste. (opens in a new tab) Imprisonment
  • Breach regulations regarding dangerous or industrial 'special waste'Occupier
s.018 Application of preceding provisions to other waste. (opens in a new tab) Imprisonment
  • Deposit non‑controlled waste without consentAny Person
s.021 Production of heat and electricity from waste etc. (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Local authorities must report waste-to-energy installation details annuallyLocal authority
s.023 Prohibition of parking to facilitate street cleaning. (opens in a new tab) Prosecution
Other duties (1) — Crown / regulator
  • Local authorities may prohibit parking to allow for street cleaningLocal authority

Unlimited fine

s.024 Litter. (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Councils must coordinate and publish local litter reduction plansLocal authority
s.027 Interference with refuse tips and dustbins etc. (opens in a new tab) Prosecution
  • Unauthorised interference with waste bins or disposal sitesAny Person

Fine up to £1,000

s.028 Supplementary provisions relating to pipes. (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Local authorities must maintain and display maps of sewage pipesLocal authority
12 other sections in this Part — procedural and definitional
Part 1

Abandoned Mines

1 of 2 sections shown
s.030 Mine operators to give SEPA six months’ notice of any proposed abandonment. Prosecution
  • Notify SEPA six months before abandoning a mineOperator

Unlimited fine

1 other section in this Part — procedural and definitional
s.030 Introductory.
Part 2

Pollution of water

1 of 49 sections shown
s.030 Waters to which Part II applies. Regulated
Other duties (1) — Crown / regulator
  • SEPA must make water boundary maps available for public inspectionStatutory regulator
48 other sections in this Part — procedural and definitional
s.030 Classification of quality waters.
s.030 Water quality objectives.
s.030 General duties to achieve and maintain objectives etc.
s.030 Consultation and collaboration.
s.030 Pollution offences.
s.030 Prohibition of certain discharges by notice or regulations.
s.030 Discharges into and from sewers etc.
s.030 Defence to principal offences in respect of authorised discharges.
s.030 Other defences to principal offences.
s.031 Requirements to take precautions against pollution.
s.031 Nitrate sensitive areas.
s.031 Registering of agreement.
s.031 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..
s.038 General review of consents.
s.042 Exclusion from registers of information affecting national security.
s.042 Exclusion from registers of certain confidential information.
s.046 Notices requiring persons to carry out anti-pollution operations.
s.046 Grant of, and compensation for, rights of entry etc.
s.046 Appeals against works notices.
s.046 Consequences of not complying with a works notice.
s.049 Enforcement notices as respects discharge consents.
s.049 Appeals against enforcement notices.
s.055 Regulations under this Part.
Part 3

Noise

5 of 21 sections shown
s.060 Control of noise on construction sites. (opens in a new tab) Prosecution
  • Breach of noise control notice on a construction siteAny Person

Unlimited fine

s.061 Prior consent for work on construction sites. (opens in a new tab) Prosecution
  • Apply for prior consent for construction site noiseAny Person

Unlimited fine

s.062 Noise in streets. (opens in a new tab) Prosecution
  • Restrict the use of loudspeakers in public streetsAny Person

Unlimited fine

s.068 Noise from plant or machinery. (opens in a new tab) Regulated
  • Comply with local noise control regulations for plant and machineryAny Person
s.074 Penalties. (opens in a new tab) Prosecution
  • Violate noise control requirements or environmental protection ordersAny Person

Unlimited fine

16 other sections in this Part — procedural and definitional
s.058 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..
s.058 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..
s.059 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..
Part 4

9 of 10 sections shown
s.075 Regulations about motor fuel. (opens in a new tab) Imprisonment
Other duties (1) — Crown / regulator
  • Local authorities must enforce motor fuel composition and labelling rulesLocal authority
s.076 Regulations about sulphur content of oil fuel for furnaces or engines. (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Secretary of State must consult before setting fuel sulphur limitsCrown / Minister / Government department
s.077 Provisions supplementary to ss. 75 and 76. (opens in a new tab) Prosecution
  • Fail to comply with fuel regulations (sections 75‑76)Any Person

Unlimited fine

s.078 Cable burning. (opens in a new tab) Prosecution
  • Burn insulation from cables to recover metalAny Person

Unlimited fine

s.079 Research and publicity. (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Local authorities must consult businesses on air pollution monitoringLocal authority
s.080 Notices requiring information about air pollution. (opens in a new tab) Prosecution
  • Fail to provide air pollution information or provide false dataOccupier

Unlimited fine

s.081 Appeals against notices. (opens in a new tab) Regulated
  • Appeal an air pollution information noticeAny Person
s.082 Regulations about research and publicity. (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Local authorities must maintain a public register of air pollution informationLocal authority
s.083 Provision by local authorities of information for Secretary of State. (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Secretary of State may direct local authorities to monitor air pollutionCrown / Minister / Government department
1 other section in this Part — procedural and definitional
Part 5

Supplementary provisions

4 of 14 sections shown
Part 6

Miscellaneous and general

6 of 11 sections shown
Schedules

Schedules

1 of 54 shown
s.002 Alteration of penalties (opens in a new tab) Regulated
  • Construct drain or sewer incorrectlyAny Person
53 other schedules
s.sch001a Orders Designating Nitrate Sensitive Areas: Scotland
s.sch001a (1) Subject to sub-paragraph (2) below, the Secretary of State...
s.sch001a (1) SEPA shall not, for the purposes of paragraph 1...
s.sch001a (1) This paragraph applies where the Secretary of State proposes...
s.sch001a The Secretary of State shall, at the request of any...
s.sch001a (1) Where notices with respect to any proposed order have...
s.sch001a Without prejudice to section 96 of this Act, where notices...
s.sch001a The consent of the Treasury shall be required for the...
s.sch001a In this Part, “local authority” means a council constituted under...
s.sch002 In section 41(3) of that Act (under which a person...
s.sch002 In section 94(2) of that Act (under which a person...
s.sch002 In section 95(1) of that Act (under which a person...
s.sch002 In section 2 of the Public Health (Drainage of Trade...
s.sch002 In section 9 of that Act (under which a person...
s.sch002 In section 19(3) of the Water Act 1945 (under which...
s.sch002 In section 21 of that Act (under which a person...
s.sch002 In section 12(8) of the Sewerage (Scotland) Act 1968 (under...
s.sch002 In section 14(6) of that Act (under which a person...
s.sch002 In section 24(2) of that Act (under which an occupier...
s.sch002 In section 45(2) of that Act (under which a person...
s.sch002 In section 46 of that Act (which provides that certain...
s.sch002 In section 19(3) of the Public Health Act 1936 (under...
s.sch002 In section 27 of that Act (which provides that certain...
s.sch002 In section 34(5) of that Act (under which a person...
s.sch002 In section 36(1) of that Act (under which a person...
s.sch003 In section 10(1) of that Act (which authorises the taking...
s.sch003 Minor and consequential amendments of enactments
s.sch003 Minor and consequential amendments of enactments
s.sch003 In section 18 of that Act (which relates to the...
s.sch003 In section 19 of that Act (which empowers river purification...
s.sch003 Minor and consequential amendments of enactments
s.sch003 In section 10(1) of the Rivers (Prevention of Pollution) Act...
s.sch003 At the end of section 34(5) of the Public Health...
s.sch003 In section 41(1)(b) of the London Government Act 1963 (which...
s.sch003 In section 77(2) of the Water Resources Act 1963 (which...
s.sch003 In section 113(1) of that Act (which authorises water authorities...
s.sch003 Minor and consequential amendments of enactments
s.sch003 In section 9(2) of the Spray Irrigation (Scotland) Act 1964...
s.sch003 In section 10(1) of the Rivers (Prevention of Pollution) (Scotland)...
s.sch003 Minor and consequential amendments of enactments
s.sch003 In section 1(1)(g) of the Hovercraft Act 1968 for the...
s.sch003 For the purposes of section 14 of the Water Act...
s.sch003 In subsection (12) of section 24 of that Act (which...
s.sch003 In section 36(3) of that Act (which among other things...
s.sch003 In paragraph 17(2) of Schedule 7 to that Act (which...
s.sch003 Minor and consequential amendments of enactments
s.sch003 In section 3(1)(b) of the Public Health Act 1936 (under...
s.sch003 Sections 79 and 80 of that Act (which relate to...
s.sch003 Sections 2(4) and 3(2) of the Public Health (Drainage of...
s.sch003 In section 4(5) of that Act (under which disputes arising...

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