Control of Pollution Act 1974

Overview

The Control of Pollution Act (CoPA)1974 is a piece of legislation which paved the way for regulating pollution, to ensure better environmental protection. The Act made provision for water pollution control, proper waste disposal and gave Local Authorities powers to control noise pollution from construction and other industrial activities. 

The Act has four main sections: 

• Part I, Waste on Land 
• Part II, Pollution of Water 
• Part III, Noise 
• Part IV, Prevention of Atmospheric Pollution

Many of the provisions in the original act have been replaced or updated. Part I and II have been superseded by: 

• The Environmental Protection Act 1990;
• The Environmental Permitting Regulations 2016; and
• The Water Resources Act 1991. 

However, Part III and IV of the Act however remains in force, and businesses are still prosecuted under it. Part III of the Act gives Local Authorities (LA), who have work being carried out in their area, the ability to serve a notice of control requirements to whoever is conducting, managing or carrying out the work. Part IV gives the Government powers to control what is in motor fuels and to reduce air pollution, it enforces compliance through trading standards and breaches can result in criminal culpability. 

Benefits of compliance: 

• Businesses who comply with this legislation will avoid fines and prosecution. 
• It could improve community relations and build trust between businesses and local councils. 
• Businesses with good compliance records may receive easier planning approvals. 
• Good management may improve efficiency.