Control of Pollution Act 1974 — Water and Waste Pollution Reference
The Control of Pollution Act 1974 (CPA 1974) was the first major piece of UK legislation to introduce comprehensive controls on waste disposal and water pollution. While many of its provisions have been superseded by the Water Resources Act 1991, Environmental Protection Act 1990, and Environmental Permitting Regulations 2016, the CPA 1974 remains relevant for due diligence assessments, historic contamination cases, and certain Scottish provisions.
Part I — Waste on Land
Part I of the CPA 1974 introduced the concept of controlled waste and the duty not to deposit waste on land without a licence. These provisions were substantially replaced by Part II of the Environmental Protection Act 1990, which introduced the Duty of Care for waste and the waste management licensing regime — itself now replaced by Environmental Permitting.
Part II — Pollution of Water
Section 30 of the CPA 1974 made it an offence to cause or knowingly permit any poisonous, noxious, or polluting matter to enter any stream or controlled water. This provision was the predecessor to Section 85 of the Water Resources Act 1991, which now governs water pollution offences in England and Wales. Section 30 remains in force in Scotland under the Control of Pollution Act 1974 as amended by the Environment Act 1995.
Section 60 — Noise at Construction Sites
Section 60 remains in active use, empowering local authorities to serve notices on construction site operators specifying the methods to be used and hours of operation to minimise noise. Unlike most CPA provisions, this section has not been superseded and is regularly enforced.
Relevance for Modern Compliance
| CPA 1974 Provision | Current Equivalent | Status |
|---|---|---|
| Part I (waste on land) | EPA 1990 Part II + EPR 2016 | Superseded in E&W |
| Section 30 (water pollution) | WRA 1991 Section 85 (E&W) | Superseded in E&W; active in Scotland |
| Section 60 (construction noise) | No equivalent | Still in force — actively used |
| Part III (noise generally) | Environmental Protection Act 1990 | Partially superseded |
For historic contamination assessments and land transaction due diligence in England and Wales, solicitors and environmental consultants will still review CPA 1974 compliance history as evidence of a site's regulatory track record. For Scottish sites, the CPA 1974 water pollution provisions remain the primary legislation.
Last reviewed: April 2026 | Need compliance advice? Call 01744 520 110