[160A Regulations and orders]
Environmental Protection Act 1990 (1990 c 43) | Legislation

[160A  Regulations and orders]

[(1)     Regulations and orders under this Act are subject to the negative procedure, other than—

(a)     regulations or orders subject to the affirmative procedure by virtue of subsection (2);

(b)     regulations made by a Northern Ireland department under section 156 (power to give effect to [assimilated] obligations and international obligations);

(c)     an order under section 164(3) (commencement);

(d)     an order under paragraph 4 of Schedule 3 (statutory nuisance).

(2)     Regulations or orders made under a section listed in the first column of the following Table that are of the description specified in the second column are subject to the affirmative procedure—

SectionDescription of regulations or orders
[section 141 (imports, exports and transit of waste)regulations that—
(a)     confer powers of entry, seizure or detention in circumstances where there is no such power under existing regulations under section 141,
(b)     provide for the charging of fees or charges that are not chargeable under existing regulations under that section,
(c)     provide for conduct to be a criminal offence which is not a criminal offence under existing regulations under that section,
(d)     increase the maximum
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