ENVIRONMENTAL PROTECTION Citation 1 This Order may be cited as the Environment Act 1995 (Commencement No. 5) Order 1996. Provisions coming into force on 1st February 1996 2 The following provisions of the Environment Act 1995 shall come into force on 1st February 1996— section 5(2) and (5); section 41 in so far as it confers power on the Secretary of State to make regulations and makes provision in relation to the exercise of that power; section 55(7) to (10); section 80; sections 87 to 89; section 90 in so far as it relates to paragraphs 2, 3 and 5 of Schedule 11; section 91; section 105 in so far as it relates to paragraphs 3 and 5(1) of Schedule 15; section 117; section 118(1) to (3); section 118(4) and (5) in so far as they confer power to make an order or make provision in relation to the exercise of that power; section 118(6); section 119; section 120(1) in so far as it relates to paragraphs 2, 13, 36, 37(2)(b), 43, 44, 67 in so far as it confers power to make regulations or makes provision in relation to the exercise of that power, 102, 103 in so far as it confers power to issue guidance or makes provision in relation to the exercise of that power, and 232(1) of Schedule 22; and section 120(3) in so far as it relates to the repeals in Schedule 24 in relation to the Local Government etc. (Scotland) Act 1994 , except the repeal in relation to section 165(6) of that Act. Provisions coming into force on 1st April 1996 3 The following provisions of the Environment Act 1995 shall come into force on 1st April 1996— section 2; section 3(1); section 5(1), (3) and (4); section 6; section 8; sections 10 and 11; sections 13 to 19; sections 25 to 29; sections 33 to 35; section 37(3) to (8); section 41 in so far as that section is not already in force; sections 53 and 54; section 55(1) to (6); section 81; section 92; section 104; section 105 in so far as it relates to paragraphs 1, 2, 4, 5(2) and (3), 6 to 12, 14(2) and (3), 15, 16, 18, 19 and 21 to 24 of Schedule 15; sections 106 to 114; section 115 in so far as that section is not already in force; section 120(1) in so far as it relates to the following paragraphs of Schedule 22— 1, 3, 5 to 12, 14, 17 to 27(a), 28, 29(1) in so far as that sub-paragraph is not already in force, 29(2) to (20), (21)(a)(ii), (23) to (25) and (27) to (35), 30, 32 to 35, 37(3) and (5) to (8), 40, 41, 45, 46(1) to (4) and (6) to (11), 47 to 50, 51(4), 52, 54 to 66, 68(1), (2) in so far as it requires an application to be accompanied by the prescribed charge, (3), (4) and (6), 70(1) and (2), 72(2), 73(1), (2) in so far as it requires an application to be accompanied by the prescribed charge and (3) to (6), 74 in so far as it requires an application to be accompanied by the prescribed charge, 75, 76(2), (4) to (7) and (8)(b), 77, 78, 80(3), 82 in so far as that paragraph is not already in force, 83 to 87, 90, 93, 94, 96 to 101, 103 in so far as that paragraph is not already in force, 104 to 132, 133(2), 134, 136, 140, 141, 144 to 146, 148 to 152, 154 to 160, 164 to 168, 171 to 181, 184, 185, 187(2), 188 to 191, 193 to 212, 213(2)(a), (4) and (5), 214 to 222, 223(1)(a) and (b) and (2), 224 to 231 and 233; section 120(2) in so far as it relates to paragraphs 1 to 6, 8 to 10, 12, 13, 14(1) to (4), (7) and (8) (in so far as that sub-paragraph relates to the definitions of “approval” and “the transfer date”) and 16 to 24 of Schedule 23; section 120(3) in so far as it relates to the following repeals in Schedule 24— the repeals in relation to the Public Health (Scotland) Act 1897 ; the repeals in relation to the Alkali, & c, Works Regulation Act 1906 ; the repeals in relation to the Rivers (Prevention of Pollution) (Scotland) Act 1951 ; the repeal of section 151(5) of the Mines and Quarries Act 1954 ; the repeal of section 10(6)(a) of the Rivers (Prevention of Pollution) (Scotland) Act 1965 ; the repeal in relation to section 3(3)(b) of the Nuclear Installations Act 1965 ; the repeals in relation to the Parliamentary Commissioner Act 1967 ; the repeals in relation to the Sewerage (Scotland) Act 1968 ; the repeal in relation to section 1(1)(g) of the Hovercraft Act 1968 ; the repeals in relation to the Agriculture Act 1970 ; the repeal in relation to section 223(2) of the Local Government Act 1972 ; the repeal of the Clyde River Purification Act 1972 ; the repeals in relation to the Local Government (Scotland) Act 1973 ; the repeals in relation to section 28 of the Health and Safety at Work etc. Act 1974 ; the repeals in relation to the Control of Pollution Act 1974 except that in relation to section 30(1) of that Act; the repeal of paragraph 1 of Schedule 2 to the Clean Air Enactments (Repeals and Modifications) Regulations 1974 ; the repeal in relation to Schedule 1 to the House of Commons Disqualification Act 1975 ; the repeal in relation to Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975 ; the repeals in relation to the Local Government (Scotland) Act 1975 the repeals in relation to sections 5(2), 10 and 15 of the Salmon and Freshwater Fisheries Act 1975 the repeals in relation to the Water (Scotland) Act 1980 the repeal of paragraph 17(3) of Schedule 9 to the Roads (Scotland) Act 1984 the repeal of regulations 2 and 4 of the Control of Industrial Air Pollution (Transfer of Powers of Enforcement) Regulations 1987 the repeal of sections 7(2) and (8) and 11(3) of the Control of Pollution (Amendment) Act 1989 the repeals in relation to the Water Act 1989 the repeals in relation to the Environmental Protection Act 1990 except those in relation to sections 33(1), 36(11), and (12), 39(12) and (13), 54, 61, 75(3), 88, 143 of, and Schedule 8 to, that Act; the repeals in relation to the Natural Heritage (Scotland) Act 1991 ; the repeals in relation to the Water Industry Act 1991 except those in relation to section 4(6); in relation to the Water Resources Act 1991 , the repeal of sections 1 to 14, 16 to 19, 58, 105(1), the repeal in relation to section 113(1), the repeal of sections 114, 117, 121 to 124, 131, 132, 144, 146, 150 to 153, 187, 196, 202(5), 206(2), 209(1), (2) and (4), 213 to 215, 218, the words "Subject to subsection (3) below," in section 219(2), section 219(3), the definitions of "the Authority" and "constituent council" in section 221(1) and Schedules 1,3 and 4; the repeal in relation to section 72(1) of the Land Drainage Act 1991 ; the repeals in relation to the Water Consolidation (Consequential Provisions) Act 1991 ; the repeals in relation to the Clean Air Act 1993 ; the repeals in relation to the Radioactive Substances Act 1993 ; the repeals in relation to the Noise and Statutory Nuisance Act 1993 ; the repeal of paragraph 17(4) of Schedule 9, and paragraph 3(1) and (2) of Schedule 11, to the Local Government (Wales) Act 1994 ; the repeal of the words “a river purification board” in section 165(6) of the Local Government etc. (Scotland) Act 1994 . Saving 4 Notwithstanding the coming into force on 1st April 1996 of the amendments made by paragraph 68(1) to (3) and (6) of Schedule 22 to the Environment Act 1995, section 36 of the Environmental Protection Act 1990 shall have effect in relation to England and Wales on and after that date in relation to any application for a licence under that section made, but not finally disposed of, before that date as if— a those amendments had not been made; b in subsection (4)(a) the words “the National Rivers Authority and” were omitted; and c in subsection (4)(b) the words “the Authority or” were omitted. Signed by authority of the Secretary of State, James Clappison Parliamentary Under Secretary of State, Department of the Environment 31st January 1996