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Control of Pollution Act 1974

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E+W+S+N.I.

Control of Pollution Act 1974

1974 CHAPTER 40

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.

[31st July 1974]

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Extent Information

E1Act applies to Great Britain with exceptions, see s. 109.

Modifications etc. (not altering text)

C1Power to transfer certain functions conferred (E.W.) by Public Health (Control of Disease) Act 1984 (c. 22, SIF 100:1), s. 7(3)(a)(4)(g)

Transfer of certain functions (1.4.1996) by 1995 c. 25, s. 2(1)(c) (with ss. 115, 117); S.I. 1996/186, art. 3

C2Act: Transfer of functions (except s. 102(2)) (1.7.1999) by S.I. 1999/672, art. 2, Sch. 1

Part I E+W+S Waste on land

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Modifications etc. (not altering text)

C3Part I (ss.1–30): power to transfer functions conferred by Local Government Act 1985 (c. 51, SIF 81:1), s. 10(4)

Pt. I (ss. 1-30) applied (with modifications) (1.5.1994) by S.I. 1994/1056, regs. 1(3), 19, Sch. 4 para. 10

C4Pt. I (ss. 1-30) modified (1.2.1996) by 1995 c. 25, s. 5(5)(c) (with ss. 115, 117); S.I. 1996/186, art. 2

Pt. I modified (1.4.1996) by 1995 c. 25, s. 33(5)(b) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

Waste disposal arrangementsE+W+S

F11. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

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Amendments (Textual)

Waste disposal plansE+W+S

F22. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

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Amendments (Textual)

Licensing of disposal of controlled waste.E+W+S

[F33 Prohibition of unlicensed disposal of waste.E+W+S
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Amendments (Textual)

F3S. 3 repealed (repeal in force at 1.5.1994 save in respect of specified activities, as to which in force as provided in art. 3 of S.I. 1994/1096) by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 162, Sch. 16 Pt. II; S.I. 1994/1096, arts. 2, 3 (as amended by S.I. 1994/2487, art. 2 and S.I. 1994/3234, art. 2)

(1)Except in prescribed cases, a person shall not—

(a)deposit controlled waste on any land or cause or knowingly permit controlled waste to be deposited on any land; or

(b)use any plant or equipment, or cause or knowingly permit any plant or equipment to be used, for the purpose of disposing of controlled waste or of dealing in a prescribed manner with controlled waste,

unless the land on which the waste is deposited or, as the case may be, which forms the site of the plant or equipment is occupied by the holder of a licence issued in pursuance of section 5 of this Act (in this Part of this Act referred to as a “disposal licence”) which authorises the deposit or use in question and the deposit or use is in accordance with the conditions, if any, specified in the licence.

(2)Except in a case falling within the following subsection, a person who contravenes any of the provisions of the preceding subsection shall, subject to subsection (4) of this section, be guilty of an offence and liable on summary conviction to a fine of an amount not exceeding £400 or on conviction on indictment to imprisonment for a term not exceeding two years or a fine or both.

(3)A person who contravenes paragraph (a) of subsection (1) of this section in a case where—

(a)the waste in question is of a kind which is poisonous, noxious or polluting; and

(b)its presence on the land is likely to give rise to an environmental hazard; and

(c)it is deposited on the land in such circumstances or for such a period that whoever deposited it there may reasonably be assumed to have abandoned it there or to have brought it there for the purpose of its being disposed of (whether by himself or others) as waste,

shall, subject to the following subsection, be guilty of an offence and liable on summary conviction to imprisonment for a term not exceeding six months or a fine not exceeding £400 or both or, on conviction on indictment, to imprisonment for a term not exceeding five years or a fine or both.

(4)It shall be a defence for a person charged with an offence under this section to prove—

(a)that he—

(i)took care to inform himself, from persons who were in a position to provide the information, as to whether the deposit or use to which the charge relates would be in contravention of subsection (1) of this section, and

(ii)did not know and had no reason to suppose that the information given to him was false or misleading and that the deposit or use might be in contravention of that subsection; or

(b)that he acted under instructions from his employer and neither knew nor had reason to suppose that the deposit or use was in contravention of the said subsection (1); or

(c)in the case of an offence of making, causing or permitting a deposit or use otherwise than in accordance with conditions specified in a disposal licence, that he took all such steps as were reasonably open to him to ensure that the conditions were complied with; or

(d)that the acts specified in the charge were done in an emergency in order to avoid danger to the public and that, as soon as reasonably practicable after they were done, particulars of them were furnished to the disposal authority in whose area the acts were done.

[F4(5)In this section and subsections (5) and (6) of the following section “land” includes land covered with waters where the land is above the low-water mark of ordinary spring tides and the waters are not inland waters (within the meaning of Chapter I of Part III of the Water Act 1989).]]

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Amendments (Textual)

Modifications etc. (not altering text)

C5Ss. 3-10: functions transferred (12.10.1995) by 1995 c. 25, s. 21(1)(c) (with ss. 7(6), 115, 117); S.I. 1995/2649, art. 2

C6S. 3(1) excluded (E.W.) (1.4.1991) and (S.) (1.4.1992) by S.I. 1991/508, reg. 2(1).

C7S. 3(1) modified (27.7.1999) by 1999 c. 24, s. 4(6)(a)

[F54 Provisions supplementary to s. 3.E+W+S
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Amendments (Textual)

F5S. 4 repealed (repeal in force at 1.5.1994 save in respect of specified activities, as to which in force as provided in art. 3 of S.I. 1994/1096) by Environmental Protection Act 1990 c. 43, s. 162(2), Sch. 16 Pt. II; S.I. 1994/1096, arts. 2, 3 (as amended by S.I. 1994/2487, art. 2 and S.I. 1994/3234, art. 2))

(1)Where activities for which a disposal licence is required apart from this subsection have been carried on on any land during the period of six months ending with the date when subsection (1) of the preceding section comes into force, nothing in that subsection shall apply to the carrying on of those activities on the land during the period of one year beginning with that date and, where at the end of that period an appeal is pending in pursuance of section 10 of this Act against a rejection of an application for a disposal licence in respect of those activities on the land or against a decision to issue such a licence which specifies conditions, until the appeal is determined.

(2)Nothing in subsection (1) of the preceding section applies to household waste from a private dwelling which is deposited, disposed of or dealt with within the curtilage of the dwelling by or with the permission of the occupier of the dwelling.

(3)It shall be the duty of the Secretary of State, in exercising the power conferred on him by subsection (1) of the preceding section to prescribe excepted cases, to have regard in particular to the expediency of excluding from the controls imposed by virtue of that subsection—

(a)any deposits which are small enough to be properly excluded from those controls or are of such a temporary nature that they may be so excluded;

(b)any uses of plant or equipment which are innocuous enough to be so excluded;

(c)cases for which adequate controls are provided by an enactment other than that subsection;

and without prejudice to the generality of section 104(1)(a) of this Act the said power may be so exercised as to prescribe different excepted cases for different areas.

[F6(4)References to land in the preceding section and this section include references to water which covers any land above low-water mark of ordinary spring tides and is not water [F7in a stream]][F7in inland waters] within the meaning of Part II of this Act.]

(5)For the purposes of subsection (3) of the preceding section—

(a)the presence of waste on land gives rise to an environmental hazard if the waste has been deposited in such a manner or in such a quantity (whether that quantity by itself or cumulatively with other deposits of the same or different substances) as to subject persons or animals to a material risk of death, injury or impairment of health or as to threaten the pollution (whether on the surface or underground) of any water supply; and

(b)the fact that waste is deposited in containers shall not of itself be taken to exclude any risk which might be expected to arise if the waste were not in containers.

(6)In the case of any deposit of waste, the degree of risk relevant for the purposes of the preceding subsection shall be assessed with particular regard—

(a)to the measures, if any, taken by the person depositing the waste, or by the owner or occupier of the land, or by others, for minimising the risk; and

(b)to the likelihood of the waste, or any container in which it is deposited, being tampered with by children or others.

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Amendments (Textual)

F7Words “in inland waters” substituted (S.) for “in a stream” by Water Act 1989 (c. 15, SIF 130), ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 168, 189(4)–(10), 190, 193(1), Sch. 23 para. 2, Sch. 26 paras. 3(1)(2), 17, 40(4), 57(6), 58

Modifications etc. (not altering text)

C8Ss. 3-10: functions transferred (12.10.1995) by 1995 c. 25, s. 21(1)(c) (with ss. 7(6), 115, 117); S.I. 1995/2649, art. 2

[F85 Licences to dispose of waste.E+W+S
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Amendments (Textual)

F8S. 5 repealed (repeal in force at 1.5.1994 save in respect of specified activities, as to which in force as provided in art. 3 of S.I. 1994/1096) by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 162(2), Sch. 16 Pt. II; S.I. 1994/1096, arts. 2, 3 (as amended by S.I. 1994/2487, art. 2 and S.I. 1994/3234, art. 2)

(1)An application for a disposal licence in respect of any land in the area of a disposal authority must be made in writing to the authority . . . F9

(2)A disposal licence shall not be issued for a use of land, plant or equipment for which planning permission is required in pursuance of [F10the Town and Country Planning Act 1990]] or, in Scotland, [F11the Town and Country Planning (Scotland) Act 1997] unless such permission is in force; . . . F9

(3)[F12Where an application has been received] for a disposal licence for a use of land, plant or equipment for which such planning permission as aforesaid is in force, it shall be the duty of [F12the appropriate Agency] not to reject the application unless [F12that Agency] is satisfied that its rejection is necessary for the purpose of preventing pollution of water or danger to public health.

(4)Where [F13the appropriate Agency] proposes to issue a disposal licence, it shall be the duty of [F13that Agency] before it does so—

[F14(a)to refer the proposal to any collection authority whose area includes any part of the relevant land; and]

(b)to consider any representations about the proposal which, during the period of twenty-one days beginning with that on which the proposal is received by a body . . . F9 mentioned in paragraph (a) of this subsection or during such longer period as [that Agency] and that body . . . F9 agree in writing, [F13that Agency] receives from that body . . . F9 (including in particular any representations about the conditions which that body . . . F9 considers should be specified in the licence);

. . . F15

F16(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)A person who, in an application for a disposal licence, makes any statement which he knows to be false in a material particular or recklessly makes any statement which is false in a material particular shall be guilty of an offence and liable on summary conviction to a fine not exceeding £400 or on conviction on indictment to imprisonment for a term not exceeding two years or a fine or both.

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Amendments (Textual)

F11Words in s. 5(2) substituted (27.5.1997) by 1997 c. 11, ss. 4, 6(2), Sch. 2 para. 23

F12Words in s. 5(3) substituted (1.4.1996) by 1995 c. 25, s. 120(1), SCh. 22 para. 19(2)(a)(b) (Sch. 22 para. 19 isprospectively repealed by Sch. 24 of the same 1995 Act) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

F13Words in s. 5(4) substituted (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 19(3)(a)(b)(d) (Sch. 22 para. 19 isprospectively repealed by Sch. 24 of the same 1995 Act) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

F14S. 5(4)(a) substituted (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 19(3)(c) (Sch. 22 para. 19 isprospectively repealed by Sch. 24 of the same 1995 Act) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

F15Words following s. 5(4)(b) repealed (1.4.1996) by 1995 c. 25, s. 120(1)(3), Sch. 22 para. 19(3)(e), Sch. 24 (Sch. 22 para. 19 isprospectively repealed by Sch. 24 of the same 1995 Act) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

F16S. 5(5) repealed (1.4.1996) by 1995 c. 25, s. 120(1)(3), Sch. 22 para. 19(4), Sch. 24 (Sch. 22 para. 19 isprospectively repealed by Sch. 24 of the same 1995 Act)(with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

Modifications etc. (not altering text)

C9Ss. 3-10: functions transferred (12.10.1995) by 1995 c. 25, s. 21(1)(c) (with ss. 7(6), 115, 117); S.I. 1995/2649, art. 2

[F176 Provisions supplementary to s. 5.E+W+S
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Amendments (Textual)

F17S. 6 repealed (repeal in force at 1.5.1994 save in respect of specified activities, as to which in force as provided in art. 3 of S.I. 1994/1096) by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 162(2), Sch. 16 Pt. II; S.I. 1994/1096, arts. 2, 3 (as amended by S.I. 1994/2487, art. 2 and S.I. 1994/3234, art. 2)

(1)Provision may be made by regulations . . . F18 as to the conditions specified in a disposal licence which shall be disregarded for the purposes of sections 3(1) and 31(2)(a) of this Act.

(2) . . . F18, a disposal licence may include such conditions as [F19the appropriate Agency]] sees fit to specify in the licence; and without prejudice to the generality of the preceding provisions of this subsection, any such conditions may relate to—

(a)the duration of the licence;

(b)the supervision by the holder of the licence of activities to which the licence relates;

(c)the kinds and quantities of waste which may be dealt with in pursuance of the licence or which may be so dealt with during a specified period, the methods of dealing with them and the recording of information relating to them;

(d)the precautions to be taken on any land to which the licence relates;

(e)the steps to be taken with a view to facilitating compliance with any conditions of such planning permission as is mentioned in subsection (2) of the preceding section;

(f)the hours during which waste may be dealt with in pursuance of the licence; and

(g)the works to be carried out, in connection with the land, plant or equipment to which the licence relates, before the activities authorised by the licence are begun or while they are continuing;

and it is hereby declared that a condition may require the carrying out of works or the doing of any other thing which [F19that Agency] considers appropriate in connection with the licence notwithstanding that the licence holder is not entitled as of right to carry out the works or do the thing.

(3)The holder of a disposal licence who without reasonable excuse contravenes a condition of the licence which in pursuance of regulations made by virtue of subsection (1) of this section is to be disregarded for the purposes mentioned in that subsection shall be guilty of an offence and liable on summary conviction to a fine not exceeding [F20£400][F20level 5 on the standard scale]; but no proceedings for such an offence shall be brought in England and Wales except by or with the consent of the Director of Public Prosecutions or by [F21the Environment Agency].

(4)It shall be the duty of [F22the Environment Agency and of SEPA]

[F23(a)to maintain a register containing copies of all disposal licences which are for the time being in force in respect of land in England and Wales or, as the case may be, Scotland;]

(b)to secure that the register is open to inspection . . . F24 by members of the public free of charge at all reasonable hours; and

(c)to afford members of the public reasonable facilities for obtaining from [F22that Agency], on payment of reasonable charges, copies of entries in the register.

(5)If within the period of two months beginning with the date on which [F25a duly made application for a disposal licence was received], or within such longer period as [F25the appropriate Agency] and the applicant may at any time agree in writing, [F25the appropriate Agency]has neither issued a licence in consequence of the application nor given notice to the applicant that [F25that Agency] has rejected the application, [F25that Agency] shall be deemed to have rejected the application.

(6)References to land in the preceding section and this section include such water as is mentioned in section 4(4) of this Act.

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Amendments (Textual)

F19Words in s. 6(2) substituted (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 20(2)(a)(b) (Sch. 22 para. 20 isprospectively repealed by Sch. 24 of the same 1995 Act) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

F20Words “level 5 on the standard scale”substituted (11.4.1983) for words “£400”by virtue of (E.W.) Criminal Justice Act 1982 (c. 48), ss. 38, 46 and (S.) Criminal Procedure (Scotland) Act 1975 (c. 21), ss. 289F, 289G (as inserted by Criminal Justice Act 1982 (c. 48), s. 54)

F21Words in s. 6(3) substituted (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 20(3) (Sch. 22 para. 20 isprospectively repealed by Sch. 24 of the same 1995 Act) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

F22Words in s. 6(4) and (4)(c) substituted (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 20(4)(a) and (c) (Sch. 22 para. 20 isprospectively repealed by Sch. 24 of the same 1995 Act) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

F23S. 6(4)(a) substituted (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 20(4)(b) (Sch. 22 para. 20 isprospectively repealed by Sch. 24 of the same 1995 Act) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

F24Words in s. 6(4)(b) omitted (1.4.1996) by S.I. 1996/593, art. 3, Sch. 2 para. 2

F25Words in s. 6(5) substituted (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 20(5)(a)(b)(c) (Sch. 22 para. 20 isprospectively repealed by Sch. 24 of the same 1995 Act) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

Modifications etc. (not altering text)

C12Ss. 3-10: functions transferred (12.10.1995) by 1995 c. 25, s. 21(1)(c) (with ss. 7(6), 115, 117); S.I. 1995/2649, art. 2

[F267 Variation of conditions and revocation of licences.E+W+S
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Amendments (Textual)

F26S. 7 repealed (repeal in force at 1.5.1994 save in respect of specified activities, as to which in force as provided in art. 3 of S.I. 1994/1096) by Environmental Protection Act 1990 c. 43, SIF 46:4), s. 162(2), Sch. 16 Pt. II; S.I. 1994/1096, arts. 2, 3 (as amended by S.I. 1994/2487, art. 2 and S.I. 1994/3234, art. 2)

(1)While a disposal licence. . . F27 is in force, then—

(a)subject to any regulations in force by virtue of subsection (1) of the preceding section, [F28the appropriate agency]] may—

(i)on its own initiative, serve a notice on the holder of the licence modifying the conditions specified in the licence to any extent which, in the opinion of [F28that agency], is desirable and is unlikely to require unreasonable expenditure by the licence holder, and

(ii)on the application of the licence holder, serve a notice on him modifying the said conditions to the extent requested in the application;

and

(b)it shall be the duty of [F28that agency] to serve a notice on the licence holder modifying the conditions specified in the licence—

(i)subject to subsection (4) of this section, to the extent which in the opinion of the authority is required for the purpose mentioned in section 9(1)(a) of this Act, and

(ii)to the extent required by any regulations in force as aforesaid.

(2)Subsection (4) . . . F29of section 5 of this Act shall with the necessary modifications apply to a proposal to serve a notice in pursuance of paragraph (a) or paragraph (b)(i) of the preceding subsection as it applies to a proposal to issue a disposal licence, except that—

[F30(a)the Environment Agency or SEPA, as the case may be, may postpone the reference in pursuance of the said subsection (4) so far as it considers that by reason of an emergency it is appropriate to do so; and

(b)the Environment Agency or SEPA, as the case may be, may disregard any collection authority for the purposes of the preceding provisions of this subsection in relation to a modification which, in the opinion of that Agency, will not affect that authority.]

(3)Section 5(6) of this Act shall apply to an application in pursuance of subsection (1)(a)(ii) of this section as it applies to an application for a disposal licence.

(4)Where a disposal licence. . . F31is in force and it appears to [F32the appropriate Agency]

(a)that the continuation of activities to which the licence relates would cause pollution of water or danger to public health or would be so seriously detrimental to the amenities of the locality affected by the activities that the continuation of them ought not to be permitted; and

(b)that the pollution, danger or detriment cannot be avoided by modifying the conditions specified in the licence,

it shall be the duty of [F32that Agency] by a notice served on the holder of the licence to revoke the licence.

(5)A notice served in pursuance of this section shall state the time at which the modification or revocation in question is to take effect.

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Amendments (Textual)

F27Words in s. 7(1) repealed (1.4.1996) by 1995 c. 25, s. 120(1)(3), Sch. 22 para. 21(2)(a), Sch. 24 (Sch. 22 para. 21 isprospectively repealed by Sch. 24 of the same 1995 Act) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

F28Words in s. 7(1) substituted (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 21(2)(b) (Sch. 22 para. 21 isprospectively repealed by Sch. 24 of the same 1995 Act) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

F29Words in s. 7(2) repealed (1.4.1996) by 1995 c. 25, s. 120(1)(3), Sch. 22 para. 21(3)(a), Sch. 24 (Sch. 22 para. 21 isprospectively repealed by Sch. 24 of the same 1995 Act) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

F30S. 7(2)(a)(b) substituted (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 21(3)(b) (Sch. 22 para. 21 isprospectively repealed by Sch. 24 of the same 1995 Act) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

F31Words in s. 7(4) repealed (1.4.1996) by 1995 c. 25, s. 120(1)(3), Sch. 22 para. 21(4)(a), Sch. 24 (Sch. 22 para. 21 isprospectively repealed by Sch. 24 of the same 1995 Act) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

F32Words in s. 7(4) substituted (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 21(4)(b) (Sch. 22 para. 21 isprospectively repealed by Sch. 24 of the same 1995 Act) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

Modifications etc. (not altering text)

C13S. 7 modified (27.7.1999) by 1999 c. 24, s. 4(6)(b)

C14Ss. 3-10: functions transferred (12.10.1995) by 1995 c. 25, s. 21(1)(c) (with ss. 7(6), 115, 117); S.I. 1995/2649, art. 2

[F338 Transfer and relinquishment of licences.E+W+S
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Amendments (Textual)

F33S. 8 repealed (repeal in force at 1.5.1994 save in respect of specified activities, as to which in force as provided in art. 3 of S.I. 1994/1096) by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 162(2), Sch. 16 Pt. II; S.I. 1994/1096, arts. 2, 3 (as amended by S.I. 1994/2487, art. 2 and S.I. 1994/3234, art. 2)

(1)The holder of a disposal licence may, after giving notice to [F34the appropriate Agency]] that he proposes to transfer it on a day specified in the notice to a person whose name and address are so specified, transfer the licence to that person; but a licence in respect of which such a notice is given shall cease to have effect on the expiration of the period of ten weeks beginning with the date on which [F34that Agency] receives the notice if during the period of eight weeks beginning with that date [F34that Agency] gives notice to the transferee that it declines to accept him as the holder of the licence.

(2)If by operation of law the right of the holder of a disposal licence to occupy the relevant land is transferred to some other person, that person shall be deemed to be the holder of the licence during the period of ten weeks beginning with the date of the transfer.

(3)Except as provided by the preceding provisions of this section, references in this Part of this Act to the holder of a disposal licence are references to the person to whom the licence was issued.

(4)The holder of a disposal licence may cancel the licence by delivering it to [F35the appropriate Agency] and giving notice to [F35that Agency] that he no longer requires the licence.

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Amendments (Textual)

F34Words in s. 8(1) substituted (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 22(2) (Sch. 22 para. 22 isprospectively repealed by Sch. 24 of the same 1995 Act) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

F35Words in s. 8(4) substituted (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 22(3) (Sch. 22 para. 22 isprospectively repealed by Sch. 24 of the same 1995 Act) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

Modifications etc. (not altering text)

C15Ss. 3-10: functions transferred (12.10.1995) by 1995 c. 25, s. 21(1)(c) (with ss. 7(6), 115, 117); S.I. 1995/2649, art. 2

[F369 Supervision of licensed activities.E+W+S
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Amendments (Textual)

F36S. 9 repealed (repeal in force at 1.5.1994 save in respect of specified activities, as to which in force as provided in art. 3 of S.I. 1994/1096) by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 162(2), Sch. 16 Pt. II; S.I. 1994/1096, arts. 2, 3 (as amended by S.I. 1994/2487, art. 2 and S.I. 1994/3234, art. 2)

(1)While a disposal licence is in force it shall be the duty of [F37the appropriate Agency]] to take the steps needed—

(a)for the purpose of ensuring that the activities to which the licence relates do not cause pollution of water or danger to public health or become seriously detrimental to the amenities of the locality affected by the activities; and

(b)for the purpose of ensuring that the conditions specified in the licence are complied with.

(2)For the purpose of performing the duty which is imposed on [F38the Environment Agency or SEPA, as the case may be,] by the preceding subsection in connection with a licence, any officer of [F38that Agency] authorised in writing in that behalf by [F38that Agency] may, if it appears to him that by reason of an emergency it is necessary to do so, carry out work on the relevant land and on any plant or equipment to which the licence relates.

(3)Where [F39the Environment Agency or SEPA] incurs any expenditure by virtue of the preceding subsection, [F40it] may recover the amount of the expenditure from the holder of the disposal licence in question, or if the licence has been revoked or cancelled from the last holder of it, except where the holder or last holder of the licence shows that there was no emergency requiring any work or except such of the expenditure as he shows was unnecessary.

(4)Where it appears to [F41the appropriate Agency] that a condition specified in a disposal licence . . . F42is not being complied with, then, without prejudice to any proceedings in pursuance of section 3 or 6(3) of this Act in consequence of any failure to comply with the condition, [F41that Agency] may—

(a)serve on the licence holder a notice requiring him to comply with the condition before a time specified in the notice; and

(b)if in the opinion of [F41that agency] the licence holder has not complied with the condition by that time, serve on him a further notice revoking the licence at a time specified in the further notice.

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Amendments (Textual)

F37Words in s. 9(1) substituted (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 23(2) (Sch. 22 para. 23 isprospectively repealed by Sch. 24 of the same 1995 Act) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

F38Words in s. 9(2) substituted (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 23(3) (Sch. 22 para. 23 isprospectively repealed by Sch. 24 of the same 1995 Act) (with ss. 7(6), 115, 117); S.I. 1996/186, art, 3

F39Words in s. 9(3) substituted (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 23(4)(a) (Sch. 22 para. 23 isprospectively repealed by Sch. 24 of the same 1995 Act) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

F40Word in s. 9(3) substituted (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 23(4)(b) (Sch. 22 para. 23 isprospectively repealed by Sch. 24 of the same 1995 Act) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

F41Words in s. 9(4) substituted (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 23(5)(a)(c) (Sch. 22 para. 23 isprospectively repealed by Sch. 24 of the same 1995 Act) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

F42Words in s. 9(4) repealed (1.4.1996) by 1995 c. 25, s. 120(1)(3), Sch. 22 para. 23(5)(b), Sch. 24 (Sch. 22 para. 23 isprospectively repealed by Sch. 24 of the same 1995 Act) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

Modifications etc. (not altering text)

C16S. 9 modified (27.7.1999) by 1999 c. 24, s. 4(6)(c)

C17Ss. 3-10: functions transferred (12.10.1995) by 1995 c. 25, s. 21(1)(c) (with ss. 7(6), 115, 117); S.I. 1995/2649, art. 2

[F4310 Appeals to Secretary of State from decisions with respect to licences.E+W+S
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Amendments (Textual)

F43S. 10 repealed (repeal in force at 1.5.1994 save in respect of specified activities, as to which in force as provided in art. 3 of S.I. 1994/1096) by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 162(2), Sch. 16 Pt. II; S.I. 1994/1096, arts. 2, 3 (as amended by S.I. 1994/2487, art. 2 and S.I. 1994/3234, art. 2)

(1)Where—

(a)an application for a disposal licence or a modification of a disposal licence is rejected; or

(b)a disposal licence which specifies conditions is issued; or

(c)the conditions specified in a disposal licence are modified; or

(d)a disposal licence is revoked,

the applicant for the licence or, as the case may be, the holder or last holder of it may, in accordance with regulations, appeal from the decision in question to the Secretary of State; and where on such an appeal the Secretary of State determines that the decision is to be altered it shall be the duty of [F44the appropriate Agency]] to give effect to the determination.

(2)While an appeal in pursuance of the preceding subsection is pending in a case falling within paragraph (c) or (d) of that subsection, the decision in question shall, subject to the following subsection, be ineffective; and if the appeal is dismissed or withdrawn the decision shall be effective again from the end of the day on which the appeal is dismissed or withdrawn.

(3)The preceding subsection shall not apply [F45if the decision in question is a decision] as respects which the notice relating to the decision which was served on the holder of the relevant licence in pursuance of section 7 or section 9(4)(b) of this Act includes a statement that [F45in the opinion of the body making the decision in question] it is necessary for the purpose of preventing pollution of water or danger to public health that the preceding subsection should not apply to the decision; but if on the application of the holder or former holder of the relevant licence the Secretary of State determines that [F45that body acted] unreasonably in including such a statement in the said notice, then—

(a)if the appeal in question is still pending at the end of the day on which the determination is made, the preceding subsection shall apply to the decision from the end of that day; and

(b)the holder or former holder of the licence shall be entitled to recover compensation from [F45the appropriate Agency] in respect of any loss suffered by him in consequence of the statement;

and any dispute as to a person’s entitlement to compensation in pursuance of paragraph (b) of this subsection or as to the amount of the compensation shall be determined by arbitration.

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Amendments (Textual)

F44Words in s. 10(1) substituted (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 24(2) (Sch. 22 para. 24 isprospectively repealed by Sch. 24 of the same 1995 Act) (with ss. 7(6), 115, 117); S. I. 1996/186, art. 3

F45Words in s. 10(3) substituted (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 24(3) (Sch. 22 para. 24prospectively repealed by Sch. 24 of the same 1995 Act) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

Modifications etc. (not altering text)

C18Ss. 3-10: functions transferred (12.10.1995) by 1995 c. 25, s. 21(1)(c) (with ss. 7(6), 115, 117); S.I. 1995/2649, art. 2

F4611. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

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Amendments (Textual)

F46S. 11(1)-(11) repealed (1.4.1996) by 1995 c. 25, s. 120(1)(3), Sch. 22 para. 25, Sch. 24 (Sch. 22 para. 25 isprospectively repealed by Sch. 24 of the same 1995 Act) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

Collection and disposal of controlled wasteE+W+S

[F4712 Collection of waste.E+W+S
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Amendments (Textual)

F47S. 12 repealed (1.4.1992) (save in so far as it relates to industrial waste in England and Wales) by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 162(2), Sch. 16 Pt. II; S.I. 1992/266, art. 3.

(1)It shall be the duty of each collection authority—

(a)subject to subsection (3) of this section, to arrange for the collection of all household waste in its area except waste—

(i)which is situated at a place which in the opinion of the authority is so isolated or inaccessible that the cost of collecting it would be unreasonably high, and

(ii)as to which the authority is satisfied that adequate arrangements for its disposal have been or can reasonably be expected to be made by a person who controls the waste; and

(b)if requested by the occupier of premises in its area to collect any commercial waste from the premises, to arrange for the collection of the waste.

(2)Each [F48English county disposal authority]] and each collection authority may, if requested by the occupier of premises in its area to collect any industrial waste from the premises, arrange for the collection of the waste; but an English collection authority shall not be entitled to exercise the powers conferred on it by this subsection except with the consent of the relevant disposal authority.

(3)No charge shall be made for the collection of household waste in pursuance of the preceding provisions of this section except in prescribed cases; and in any of those cases—

(a)the duty to arrange for the collection of the waste in question which is imposed on the collection authority by subsection (1)(a) of this section shall not arise until a person who controls the waste requests the authority to collect it; and

(b)the authority may recover a reasonable charge for the collection of the waste from the person who made the request in respect of it in pursuance of the preceding paragraph.

(4)A person at whose request waste other than household waste is collected in pursuance of the preceding provisions of this section shall be liable to pay a reasonable charge for the collection and disposal of the waste to the authority which arranged for its collection; and it shall be the duty of that authority to recover the charge unless in the case of a charge in respect of commercial waste the authority considers it inappropriate to do so.

(5)It shall be the duty of each collection authority—

(a)to make such arrangements for the emptying of privies serving one or more private dwellings in its area as the authority considers appropriate and to make no charge for emptying done in pursuance of the arrangements;

(b)if requested by the person who controls a cesspool serving only one or more private dwellings in its area to empty the cesspool, to remove such of the contents of the cesspool as the authority considers appropriate on payment if the authority so requires of a reasonable charge;

and a collection authority may, if requested by the person who controls any other privy or cesspool in its area to empty the privy or cesspool, remove matter from it on payment as aforesaid.

In this subsection “privy” means a latrine which has a moveable receptacle for faecal matter and “cesspool” includes a settlement tank or other tank for the reception or disposal of foul matter from buildings.

(6)An [F49English county disposal authority] and any collection authority may—

(a)construct, lay and maintain, within or outside its area, pipes and associated works for the purpose of collecting waste in pursuance of this section;

(b)contribute towards the cost incurred by another person in providing or maintaining pipes or associated works connecting with pipes provided by the authority in pursuance of the preceding paragraph.

(7)Parts V and VI of Schedule 3 to the M1Water Act 1945 (which relate to the laying of mains and the breaking up of streets) shall apply in relation to pipes and associated works provided or to be provided in pursuance of paragraph (a) of the preceding subsection as those Parts apply in relation to water mains and pipes but as if—

(a)sections 19(4) and 21 of that Schedule (which relate to the erection of street notices and the laying of service pipes) were omitted, and in section 22 of that Schedule the words “which they are authorised to lay” were omitted; and

(b)for any reference to undertakers or limits of supply there were substituted respectively a reference to the authority in question and the area of the authority; and

(c)for the reference to the special Act in section 25(4) of that Schedule there were substituted a reference to this subsection;

and the M2Pipe-lines Act 1962 shall not apply to pipes or associated works provided or to be provided in pursuance of paragraph (a) of the preceding subsection.

(8)A collection authority may contribute towards the cost incurred by another person in providing or maintaining plant or equipment intended to deal with household waste before it is collected under arrangements made by the authority in pursuance of subsection (1)(a) of this section; and an [F49English county disposal authority] and any collection authority may contribute towards the cost incurred by another person in providing or maintaining plant or equipment intended to deal with commercial or industrial waste before it is collected under arrangements made by the authority in pursuance of subsection (1)(b) or subsection (2) of this section.

(9)Subject to section 14(1) and (9) of this Act, anything collected under arrangements made by an authority in pursuance of this section shall belong to the authority and may be dealt with accordingly.

(10)In the application of this section to Scotland—

(a)in subsection (5), paragraph (b) and the references to a cesspool occurring later in that subsection shall be omitted;

(b)for subsection (7) there shall be substituted the following subsection:—

(7)Sections 2, 3, 4 and 41 of the M3Sewerage (Scotland) Act 1968 (which relate to the maintenance etc. of public sewers and other works and the breaking open of streets etc.) shall apply in relation to pipes and associated works provided or to be provided in pursuance of paragraph (a) of the preceding subsection as those sections apply in relation to public sewers but as if—

(a)the said section 2 conferred a power, and did not impose a duty, on a local authority to do the things mentioned in that section; and

(b)in the said section 4, the words from “but, before any person” to the end were omitted;

and the M4Pipe-lines Act 1962 shall not apply to pipes and associated works provided or to be provided in pursuance of paragraph (a) of the preceding subsection.

(c)in subsection (9), for the reference to section 14(1) and (9) of this Act there shall be substituted a reference to section 15(4) of this Act.

(11)References to waste in the preceding provisions of this section include waste on premises occupied by the Crown but exclude waste as to which the Commissioners executing the M5Crown Estate Paving Act 1851 (which among other things relates to premises in the Regent’s Park) make arrangements for its collection; but a disposal or collection authority shall not be entitled by virtue of this subsection to exercise, in relation to such premises or waste on such premises, any power conferred on the authority by virtue of sections 91 to 93 of this Act.

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Amendments (Textual)

F48Words substituted with effect from 1.4.1986 as provided by Local Government Act 1985 (c. 51, SIF 81:1), s. 9, Sch 6 para. 3(2)

F49Words substituted (1.4.1986) as provided by Local Government Act 1985 (c. 51, SIF 81:1), s. 9, Sch. 6 para. 3(2)

Modifications etc. (not altering text)

C19By S.I. 1985/1884, art. 5, Sch. 2 para. 8(a) (which was made under the power in s. 10(1)(3)(6)(7) of Local Government Act 1985 (c. 51, SIF 81:1) which power by virtue of s.10(7) thereof was exercisable at any time before 1.4.86) it was provided (E.W.) that (coming into operation on 29.12.1985) s. 12(2) shall be modified to have effect as if after “English county disposal authority” there were inserted “, each London waste disposal authority”, for the words “an English collection authority” there were substituted the words “a collection authority in England whose area is included in the area of a disposal authority” and for the words “the relevant disposal authority”there were substituted “the disposal authority”

C20By S.I. 1985/1884, art. 5, Sch. 2 para. 8(b) (which was made under the power in s. 10(1)(3)(6)(7) of Local Government Act 1985 (c. 51, SIF 81:1) which power by virtue of s. 10(3) thereof was exercisable at any time before 1.4.86) it was provided (E.W.) that (coming into operation on 29.12.1985) s. 12(6)(8) shall be modified to have effect as if after “English county disposal authority” there were inserted “, a London waste disposal authority”

Marginal Citations

[F5013 Dustbins etc.E+W
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Amendments (Textual)

F50S. 13 repealed (1.4.1992) (save in so far as it relates to industrial waste in England and Wales) by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 162(2), Sch. 16 Pt. II; S.I. 1992/266, art. 3.

[F51(1)Where a collection authority has a duty by virtue of subsection (1)(a) of the preceding section to arrange for the collection of household waste from any premises, the authority may, by a notice served on the occupier of the premises, require him to place the waste for collection in receptacles which are of a kind and number reasonably specified in the notice.

(1A)A person who fails to comply with any of the requirements of such a notice shall be guilty of an offence and liable on summary conviction to a fine of an amount not exceeding [F52level 3 on the standard scale]]].

(2)A notice served by an authority in pursuance of the preceding subsection may provide for the receptacles in question to be provided by the authority free of charge or—

(a)if the recipient of the notice agrees, by the authority on payment by the recipient of the notice of such a single payment or such periodical payments as he agrees with the authority; or

(b)by the recipient of the notice if he does not enter into an agreement in pursuance of the preceding paragraph within a period specified in the notice or the notice does not propose such an agreement.

(3)Where by virtue of such a notice the recipient of it is required to provide any receptacles he may within the period of twenty-one days beginning with the last day of the period specified in the notice in pursuance of paragraph (b) of the preceding subsection or, where no period is so specified, beginning with the day on which the notice is served on him, appeal to a magistrates’ court against the notice on the ground that [F53any requirement specified in] the notice is unreasonable or on the ground that the receptacles in which household waste in the premises in question is placed for collection are adequate; and where an appeal against a notice is brought in pursuance of this subsection—

(a)the notice shall be of no effect pending the determination of the appeal; and

(b)the court shall either quash or modify the notice or dismiss the appeal; and

(c)no question as to whether [F54any requirement] specified in the notice is unreasonable shall be entertained in any proceedings for an offence under this section in respect of the notice.

(4)An [F55English disposal authority] and any collection authority may at the request of any person supply him with receptacles for commercial waste or industrial waste which he has requested the authority to arrange to collect and shall make a reasonable charge for any receptacle supplied in pursuance of this subsection unless in the case of a receptacle for commercial waste the authority considers it appropriate not to make a charge.

[F56(5)If it appears to a collection authority that there is likely to be situated, on any premises in its area, commercial waste or industrial waste of a kind which, if the waste is not stored in receptacles of a particular kind, is likely to cause a nuisance or to be detrimental to the amenities of the locality in which the premises are situated, the authority may, by a notice served on the occupier of the premises, require him to provide at the premises receptacles for the storage of such waste which are of a kind and number reasonably specified in the notice.

(5A)A person who fails to comply with any requirement specified in a notice shall be guilty of an offence and liable on summary conviction to a fine of an amount not exceeding [F52level 3 on the standard scale]].

(6)A person on whom a notice is served in pursuance of the preceding subsection may, within the period of twenty-one days beginning with the day on which the notice is served on him, appeal to a magistrates’ court against the notice on the grounds that [F57any requirement] specified in the notice is unreasonable or that the waste is not likely to cause a nuisance or be detrimental to the amenities of the locality in which the premises are situated; and where an appeal against a notice is brought in pursuance of this subsection, paragraph (a) to (c) of subsection (3) of this section shall apply in relation to the notice as they apply in relation to such a notice as is mentioned in that subsection.

[F58(7)A notice under subsection (1) or (5) of this section may make provision with respect to—

(a)the size, construction and maintenance of receptacles for controlled waste;

(b)the placing of the receptacles on premises for the purpose of facilitating the emptying of them, and access to the receptacles for that purpose;

(c)the placing of the receptacles for that purpose on highways;

(d)the substances which may and may not be put into the receptacles and the precautions to be taken where particular substances are put into them; and

(e)the steps to be taken by occupiers of premises for the purposes of facilitating the collection of waste from receptacles for controlled waste which are provided in connection with the premises.

(7A)A notice under subsection (1) or (5) of this section shall not require receptacles to be placed on a highway unless—

(a)the relevant highway authority have given their consent to their being so placed; and

(b)arrangements have been made as to the liability for any damage arising out of their being so placed.]

(8)References to receptacles in the preceding provisions of this section include references to holders for receptacles.

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Extent Information

E2This version of this provision extends to England and Wales only; a separate version has been created for Scotland only.

Amendments (Textual)

F52Words “level 3 on the standard scale” substituted (11.4.1983) by virtue of (E.W.) Criminal Justice Act 1982 (c. 48), ss. 38, 46 and (S.) Criminal Procedure (Scotland) Act 1975 (c. 21), ss. 289F, 289G (as inserted by Criminal Justice Act 1982 (c. 48), s. 54)

F55Words substituted (1.4.1986) as provided by Local Government Act 1985 (c. 51, SIF 81:1), s. 9, Sch. 6 para. 3(2)

Modifications etc. (not altering text)

C21By S.I. 1985/1884, art. 5, Sch. 2 para. 9 (which was made under the power in s. 10(1)(3)(6)(7) of Local Government Act 1985 (c. 51, SIF 81:1) which power by virtue of s. 10(3) thereof was exercisable at any time before 1.4.86) it was provided (E.W.) that (coming into operation on 29.12.1985) s. 13(4) shall be modified to have effect as if after “English county disposal authority” there were inserted “, a London waste disposal authority”

[F40513 Dustbins etc.S
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Amendments (Textual)

F405S. 13 repealed (1.4.1992) (save in so far as it relates to industrial waste in England and Wales) by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 162(2), Sch. 16 Pt. II; S.I. 1992/266, art. 3.

[F406(1)Where a collection authority has a duty by virtue of subsection (1)(a) of the preceding section to arrange for the collection of household waste from any premises, the authority may, by a notice served on the occupier of the premises, require him to place the waste for collection in receptacles which are of a kind and number reasonably specified in the notice.

(1A)A person who fails to comply with any of the requirements of such a notice shall be guilty of an offence and liable on summary conviction to a fine of an amount not exceeding [F407level 3 on the standard scale]]].

(2)A notice served by an authority in pursuance of the preceding subsection may provide for the receptacles in question to be provided by the authority free of charge or —

(a)if the recipient of the notice agrees, by the authority on payment by the recipient of the notice of such a single payment or such periodical payments as he agrees with the authority; or

(b)by the recipient of the notice if he does not enter into an agreement in pursuance of the preceding paragraph within a period specified in the notice or the notice does not propose such an agreement.

(3)Where by virtue of such a notice the recipient of it is required to provide any receptacles he may within the period of twenty-one days beginning with the last day of the period specified in the notice in pursuance of paragraph (b) of the preceding subsection or, where no period is so specified, beginning with the day on which the notice is served on him, appeal to a magistrates’ court against the notice on the ground that [F408any requirement specified in] the notice is unreasonable or on the ground that the receptacles in which household waste in the premises in question is placed for collection are adequate; and where an appeal against a notice is brought in pursuance of this subsection—

(a)the notice shall be of no effect pending the determination of the appeal; and

(b)the court shall either quash or modify the notice or dismiss the appeal; and

(c)no question as to whether [F409any requirement] specified in the notice is unreasonable shall be entertained in any proceedings for an offence under this section in respect of the notice.

(4)An [F410English disposal authority] and any collection authority may at the request of any person supply him with receptacles for commercial waste or industrial waste which he has requested the authority to arrange to collect and shall make a reasonable charge for any receptacle supplied in pursuance of this subsection unless in the case of a receptacle for commercial waste the authority considers it appropriate not to make a charge.

[F411(5)If it appears to a collection authority that there is likely to be situated, on any premises in its area, commercial waste or industrial waste of a kind which, if the waste is not stored in receptacles of a particular kind, is likely to cause a nuisance or to be detrimental to the amenities of the locality in which the premises are situated, the authority may, by a notice served on the occupier of the premises, require him to provide at the premises receptacles for the storage of such waste which are of a kind and number reasonably specified in the notice.

(5A)A person who fails to comply with any requirement specified in a notice shall be guilty of an offence and liable on summary conviction to a fine of an amount not exceeding [F407level 3 on the standard scale]].

(6)A person on whom a notice is served in pursuance of the preceding subsection may, within the period of twenty-one days beginning with the day on which the notice is served on him, appeal to a magistrates’ court against the notice on the grounds that [F412any requirement] specified in the notice is unreasonable or that the waste is not likely to cause a nuisance or be detrimental to the amenities of the locality in which the premises are situated; and where an appeal against a notice is brought in pursuance of this subsection, paragraph (a) to (c) of subsection (3) of this section shall apply in relation to the notice as they apply in relation to such a notice as is mentioned in that subsection.

[F413(7)A notice under subsection (1) or (5) of this section may make provision with respect to—

(a)the size, construction and maintenance of receptacles for controlled waste;

(b)the placing of the receptacles on premises for the purpose of facilitating the emptying of them, and access to the receptacles for that purpose;

(c)the placing of the receptacles for that purpose on [F414roads];

(d)the substances which may and may not be put into the receptacles and the precautions to be taken where particular substances are put into them; and

(e)the steps to be taken by occupiers of premises for the purposes of facilitating the collection of waste from receptacles for controlled waste which are provided in connection with the premises.

(7A)A notice under subsection (1) or (5) of this section shall not require receptacles to be placed on a [F415road] unless—

(a)the [F416roads authority] have given their consent to their being so placed; and

(b)arrangements have been made as to the liability for any damage arising out of their being so placed.]

(8)References to receptacles in the preceding provisions of this section include references to holders for receptacles.

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Amendments (Textual)

F407Words “level 3 on the standard scale” substituted (11.4.1983) by virtue of (E.W.) Criminal Justice Act 1982 (c. 48), ss. 38, 46 and (S.) Criminal Procedure (Scotland) Act 1975 (c. 21), ss. 289F, 289G (as inserted by Criminal Justice Act 1982 (c. 48), s. 54)

F410Words substituted (1.4.1986) as provided by Local Government Act 1985 (c. 51, SIF 81:1), s. 9, Sch. 6 para. 3(2)

Modifications etc. (not altering text)

C153By S.I. 1985/1884, art. 5, Sch. 2 para. 9 (which was made under the power in s. 10(1)(3)(6)(7) of Local Government Act 1985 (c. 51, SIF 81:1) which power by virtue of s. 10(3) thereof was exercisable at any time before 1.4.86) it was provided (E.W.) that (coming into operation on 29.12.1985) s. 13(4) shall be modified to have effect as if after “English county disposal authority” there were inserted “, a London waste disposal authority”

[F5914 Disposal of waste in England and Wales.E+W+S
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Amendments (Textual)

(1)Subject to the following subsection, it shall be the duty of each English collection authority to deliver to the relevant disposal authority, at such places as the disposal authority directs, all waste which is collected by the collection authority in pursuance of section 12 of this Act except waste paper which the collection authority decides is not to be delivered to the disposal authority; and anything delivered to a disposal authority in pursuance of this subsection shall belong to that authority and may be dealt with accordingly.

(2)An English collection authority and the relevant disposal authority may agree that, subject to such conditions as to payment or otherwise as may be specified in the agreement, waste to which the agreement relates shall not be delivered to the disposal authority in pursuance of the preceding subsection but shall be dealt with under arrangements made by the collection authority for the purpose of enabling the waste to be used again or substances to be reclaimed from it.

(3)Without prejudice to the powers of collection authorities apart from this subsection, a collection authority shall have power to provide plant and equipment for the sorting and baling of waste paper retained by the authority in pursuance of subsection (1) of this section or for sorting or processing waste retained by the authority in pursuance of the preceding subsection.

(4)It shall be the duty of each disposal authority to arrange for the disposal of the waste collected by it in pursuance of section 12 of this Act or delivered to it in pursuance of subsection (1) of this section; and, without prejudice to the authority’s powers apart from the following provisions of this subsection [F60but subject to subsection (6) of section 77 of the Environmental Protection Act 1990 as respects any time after the date applicable to the authority under paragraph (a) or (b) of that subsection]], the powers exercisable by the authority for the purpose of performing that duty shall include power—

(a)to provide, within or outside its area, places at which to deposit waste before the authority transfers it to a place or plant or equipment provided in pursuance of the following paragraph; and

(b)to provide, within or outside its area, places at which to dispose of the waste and plant or equipment for processing it or otherwise disposing of it.

(5)Subsections (6) and (7) of section 12 of this Act shall have effect in relation to a disposal authority as if the reference in paragraph (a) of the said subsection (6) to the collection of waste in pursuance of that section included the disposal of waste in pursuance of this section and the disposal of anything produced from waste belonging to the authority.

(6)A disposal authority or a collection authority may permit another person to use facilities provided by the authority in pursuance of the preceding provisions of this section and may provide for the use of another person any such facilities as the authority has power to provide in pursuance of those provisions; and—

(a)subject to the following paragraph, it shall be the duty of the authority to make a reasonable charge in respect of the use by another person of the facilities unless the authority considers it appropriate not to make a charge;

(b)no charge shall be made in pursuance of this subsection in respect of household waste; and

(c)anything delivered to the authority by another person in the course of using the facilities shall belong to the authority and may be dealt with accordingly.

(7)A collection authority and the relevant disposal authority may enter into an agreement for the making by either authority to the other of such payments as may be determined by or under the agreement in respect of waste collected by the collection authority in pursuance of section 12 of this Act including, without prejudice to the generality of the preceding provisions of this subsection, an agreement for the making of payments to the collection authority in respect of such arrangements as are mentioned in subsection (2) of this section.

(8)Except as otherwise agreed in pursuance of the preceding subsection, the relevant disposal authority shall—

(a)be entitled to receive from an English collection authority such sums as are needed to defray the reasonable cost to the disposal authority of disposing of commercial and industrial waste delivered to the disposal authority by the collection authority in pursuance of this section; and

(b)pay to an English collection authority a reasonable contribution towards expenditure reasonably incurred by the collection authority in delivering waste to the disposal authority in pursuance of subsection (1) of this section where the place of delivery is unreasonably far from the collection authority’s area;

and any question arising in pursuance of paragraph (a) of this subsection as to what cost is reasonable or in pursuance of paragraph (b) of this subsection as to whether a contribution is reasonable or expenditure was reasonably incurred or as to whether a place is unreasonably far from a collection authority’s area shall, in default of agreement between the two authorities in question, be determined by arbitration.

(9)References to waste in subsections (1), (2), (4), (7) and (8) of this section do not include matter removed from privies or cesspools in pursuance of section 12(5) of this Act, and it shall be the duty of a collection authority by which matter is so removed—

(a)to deliver the matter, in accordance with any directions of the [F61sewerage undertaker] of which the area includes that of the collection authority, at a place specified in the directions (which must be in or within a reasonable distance from the collection authority’s area) to the [F61sewerage undertaker] or to another person so specified;

(b)to give to the [F61sewerage undertaker] from time to time a notice stating the quantity of the matter which the collection authority expects to deliver to or as directed by the [F61sewerage undertaker] in pursuance of the preceding paragraph during a period specified in the notice.

(10)Any question arising in pursuance of paragraph (a) of the preceding subsection as to whether a place is within a reasonable distance from a collection authority’s area shall, in default of agreement between the collection authority and the [F62sewerage undertaker] in question, be determined by arbitration; and anything delivered to a [F62sewerage undertaker] in pursuance of that subsection shall belong to [F63the undertaker] and may be dealt with accordingly.

[F64(11)For the purposes of so much of the Water Act 1989 as relates to charging by sewerage undertakers the reception and disposal by a sewerage undertaker or other person of matter delivered to it or him by another sewerage undertaker in pursuance of subsection (9) of this section shall be treated as a service provided for that other undertaker by the sewerage undertaker in the course of carrying out its functions.]

(12)This section does not apply to Scotland.

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Amendments (Textual)

Modifications etc. (not altering text)

C22S. 14(1) is modified and has effect as if in subsection (1) after “English collection authority” there were inserted “and each collection authority in the area of a London waste disposal authority” by S.I. 1985/1884, art. 5 Sch. 2 para. 10(a)(i)

C23S. 14 is modified and has effect as if in subsection (1) for “the relevant disposal authority” there were substituted “the disposal authority whose area includes that of the collection authority (“the relevant authority”)” and for the words “disposal authority” in each place where they subsequently occur there were substituted “relevant disposal authority” by S.I. 1985/1884, art. 5, Sch. 2 para. 10(a)(ii)(iii)

C24S. 14(2) is modified and has effect as if for “an English collection authority” there were substituted “a collection authority” by S.I. 1985/1884, art. 5, Sch. 2 para. 10(b)

C25S. 14(8) is modified and has effect as if for “an English collection authority” there were substituted “a collection authority” by S.I. 1985/1884, art. 5, Sch. 2 para. 10(b)

F6515. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

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Amendments (Textual)

[F6616 Removal of waste deposited in breach of licensing provisions.E+W+S
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Amendments (Textual)

(1)If any controlled waste is deposited on any land [F67in contravention of section 3(1) of this Act, any authority to which this section applies may]] serve a notice on the occupier of the land requiring him—

(a)to remove the waste from the land within a period specified in the notice, which shall not be less than twenty-one days beginning with the date of service of the notice; or

(b)to take within such a period such steps as are so specified with a view to eliminating or reducing the consequences of the deposit of the waste,

or requiring him both to remove the waste as mentioned in paragraph (a) of this subsection and to take such steps as are mentioned in paragraph (b) of this subsection within such a period as aforesaid.

(2)A person served with a notice in pursuance of the preceding subsection may within the twenty-one days aforesaid appeal to a magistrates’ court against the notice; and on any such appeal the court shall quash the notice if it is satisfied that—

(a)the appellant neither deposited nor caused nor knowingly permitted the deposit of the waste on the land; or

(b)service of the notice on the appellant was not authorised by the preceding subsection; or

(c)there is a material defect in the notice;

and in any other case shall either modify the notice or dismiss the appeal.

(3)Where a person appeals against a notice in pursuance of this section, the notice shall be of no effect pending the determination of the appeal; and where the court modifies the notice or dismisses the appeal it may extend the period specified in the notice.

(4)If a person on whom a notice is served in pursuance of subsection (1) of this section fails to comply with the notice, then—

(a)he shall be guilty of an offence and liable on summary conviction to a fine not exceeding [F68£400][F68level 5 on the standard scale] and a further fine not exceeding £50 for each day on which the failure continues after conviction for the offence and before the authority which served the notice has begun to exercise its powers in pursuance of the following paragraph; and

(b)the said authority may do what that person was required by the notice to do and may recover from him any expenses reasonably incurred by the authority in doing it.

(5)If it appears to such an authority as is mentioned in subsection (1) of this section that waste has been deposited as there mentioned and that—

(a)in order to remove or prevent pollution of water or danger to public health it is necessary forthwith to remove the waste or to take other steps with a view to eliminating or reducing the consequences of the deposit of it or necessary forthwith to remove the waste and to take such other steps; or

(b)there is no occupier of the land in question; or

(c)the occupier of the land neither made nor knowingly permitted the deposit of the waste,

the authority may remove the waste from the land or take such other steps as aforesaid or, as the case may require, may remove it and take such other steps.

(6)Where an authority exercises in respect of any land a power conferred on it by the preceding subsection it shall be entitled to recover the cost of doing so and of disposing of any waste removed in the exercise of the power—

(a)in a case falling within paragraph (a) of that subsection, from the occupier of the land unless he proves that he neither made nor caused nor knowingly permitted the deposit in question;

(b)in any case, from any person who deposited or caused or knowingly permitted the deposit of any of the waste in question on the land,

except such of the cost as the occupier or other person shows was incurred unnecessarily.

(7)Any waste removed by an authority in pursuance of this section shall belong to the authority and may be dealt with accordingly.

[F69(8)The authorities to which this section applies are—

(a)the appropriate Agency;

(b)any collection authority in whose area the land mentioned in subsection (1) above is situated.]

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Amendments (Textual)

F67Words in s. 16(1) substituted (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 26(2) (Sch. 22 para. 26 isprospectively repealed by Sch. 24 of the same 1995 Act) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

F68Words "level 5 on the standard scale" substituted (11.4.1983) for words "£400" by virtue of (E.W.) Criminal Justice Act 1982 (c. 48), ss. 38, 46 and (S.) Criminal Procedure (Scotland) Act 1975 (c. 21), ss. 289F, 289G (as inserted by Criminal Justice Act 1982 (c. 48), s. 54)

F69S. 16(8) inserted (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 26(3) (Sch. 22 para. 26 isprospectively repealed by Sch. 24 of the same 1995 Act) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

Modifications etc. (not altering text)

C26S. 16: transfer of functions (12.10.1995) by 1995 c. 25, s. 21(1)(c) (with ss. 7(6), 115, 117); S.I. 1995/2649, art. 2

[F7017 Special provisions with respect to certain dangerous or intractable waste. E+W+S
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Amendments (Textual)

(1)If the Secretary of State considers that controlled waste of any kind is or may be so dangerous or difficult to dispose of that special provision in pursuance of this subsection is required for the disposal of waste of that kind by disposal authorities or other persons, it shall be his duty to make provision by regulations for the disposal of waste of that kind (hereafter in this section referred to as “special waste”); and, without prejudice to the generality of the Secretary of State’s power to make regulations in pursuance of the preceding provisions of this subsection, any such regulations may include provision—

(a )for the giving of directions by disposal authorities with respect to matters connected with the disposal of special waste;

(b)for securing that special waste is not, while awaiting disposal in pursuance of the regulations, kept at any one place in quantities greater than those which are prescribed and in circumstances which differ from those which are prescribed;

(c)for requiring the occupier of premises on which special waste is situated to give notice of that fact and other prescribed information to a prescribed authority;

(d)for the keeping of records by persons who produce or dispose of special waste or transfer it to another person for disposal, for the inspection of the records and for the furnishing by such persons to prescribed authorities of copies of or information derived from the records;

(e)providing that a contravention of the regulations shall be an offence and prescribing the maximum penalty for the offence (which shall not exceed, on summary conviction, a fine of £400 and, on conviction on indictment, imprisonment for a term of two years and a fine).

(2)Without prejudice to the generality of the power to make regulations conferred by the preceding subsection, regulations made in pursuance of that subsection may include provision—

(a)requiring special waste of particular kinds to be disposed of only by disposal authorities or, in the case of special waste of a kind which the Secretary of State considers involves or may involve such a risk of damage to persons or animals or vegetation that it should be disposed of only by him, to be disposed of only by the Secretary of State;

(b)for the supervision by disposal authorities (whether by the application with modifications of provisions of section 9 of this Act or otherwise) of activities authorised by virtue of the regulations;

(c)as to the recovery of expenses or other charges for disposals by disposal authorities or the Secretary of State in pursuance of the regulations;

(d)as to appeals to the Secretary of State from decisions of disposal authorities in pursuance of the regulations.

(3)Provision may also be made by regulations—

(a)for the giving of a direction, in respect of any place in respect of which a disposal licence or a resolution in pursuance of section 11 of this Act is in force, requiring the holder of the licence or the authority which passed the resolution to accept and dispose of at the place, on such terms as are specified in the direction (including terms as to the making of payments to the recipient of the direction), such special waste as is so specified;

(b)as to the consents to be obtained and the other steps to be taken before a direction may be given in pursuance of the regulations and as to appeals to the Secretary of State against a direction so given;

(c)providing that a failure to comply with such a direction shall be an offence punishable on summary conviction by a fine not exceeding [F71£400]][F71level 5 on the standard scale] or such less amount as is prescribed and that a person shall not be guilty of an offence under any prescribed enactment by reason only of anything necessarily done or omitted in order to comply with such a direction.

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Amendments (Textual)

F71Words "level 5 on the standard scale" substituted (11.4.1983) for words"£400" by virtue of (E.W.) Criminal Justice Act 1982 (c. 48), ss. 38, 46 and (S.) Criminal Procedure (Scotland) Act 1975 (c. 21), ss. 289F, 289G (as inserted by Criminal Justice Act 1982 (c. 48), s. 54)

Modifications etc. (not altering text)

C28S. 17(1)(a), (2)(b)-(d): transfer of functions (12.10.1995) by 1995 c. 25, s. 21(1)(c) (with ss. 7(6), 115, 117); S.I. 1995/2649, art. 2

Waste other than controlled wasteE+W+S

[F7218 Application of preceding provisions to other waste.E+W+S
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Amendments (Textual)

F72S. 18 repealed (repeal in force at 1.5.1994 save in respect of specified activities, as to which in force as provided in art. 3 of S.I. 1994/1096) by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 162(2), Sch. 16 Pt. II; S.I. 1994/1096, arts. 2, 3 (as amended by S.I. 1994/2487, art. 2 and S.I. 1994/3234, art. 2)

(1)The Secretary of State may, after consultation with such bodies as he considers appropriate, make regulations providing that prescribed provisions of sections 1 to 11 and 14 to 17 of this Act shall have effect in a prescribed area—

(a)as if references in those provisions to controlled waste or controlled waste of a kind specified in the regulations included references to such waste as is mentioned in section 30(3)(c)(ii) of this Act which is of a kind so specified; and

(b)with such other modifications as are prescribed;

and regulations made in pursuance of this subsection may make such modifications of any enactment other than the sections aforesaid as the Secretary of State considers appropriate in connection with the regulations.

(2)A person who—

(a)deposits on any land any waste other than controlled waste; or

(b)causes or knowingly permits the deposit on any land of any waste other than controlled waste,

in a case where, if the waste were controlled waste and any disposal licence relating to the land were not in force, he would be guilty of an offence under section 3(3) of this Act shall be guilty of such an offence and punishable accordingly unless the act charged was done in pursuance of and in accordance with the terms of any consent, licence, approval or authority granted under any enactment (excluding any planning permission under the enactments relating to town and country planning); and in this subsection “land” includes such water as is mentioned in section 4(4) of this Act.

(3)Subsection (2) of section 12 and subsection (4) of section 13 of this Act shall apply to waste other than controlled waste as the subsections apply to controlled waste.]

[F7319 Powers of disposal authorities as respects other waste.E+W+S
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Amendments (Textual)

Each disposal authority shall have power to collect information about, and to make arrangements for the disposal of, waste which is situated or likely to be situated in its area and is not controlled waste; but nothing in sections 91 to 94 of this Act shall apply to functions conferred on an authority or information collected by an authority in pursuance of this section.]

Reclamation etc. of wasteE+W+S

[F7420 Reclamation of waste.E+W+S
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Amendments (Textual)

Without prejudice to the powers of disposal authorities apart from this section, any disposal authority may—

(a)do such things as the authority considers appropriate for the purpose of—

(i)enabling waste belonging to the authority, or belonging to another person who requests the authority to deal with it in pursuance of this section, to be used again, or

(ii)enabling substances to be reclaimed from such waste;

(b)buy or otherwise acquire waste with a view to its being used again or to the reclamation of substances from it; and

(c)use, sell or otherwise dispose of waste belonging to the authority or anything produced from such waste.]

[F7521 Production of heat and electricity from waste etc.E+W+S
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Amendments (Textual)

(1)A disposal authority may, subject to [F76subsection (2)]] of this section,—

(a)use waste belonging to the authority for the purpose of producing from it heat or electricity or both;

(b)establish and operate, within or outside its area, such generating stations and other installations as the authority thinks fit for the purpose aforesaid; and

(c)where the authority operates an installation in which waste is usually used as the main fuel for the purpose of producing heat or electricity, then—

(i)in the case of an installation for producing heat, use other fuel in addition to waste to produce the heat, and

(ii)in the case of an installation for producing electricity, use other fuel to assist in burning the waste to produce the electricity,

and, in an emergency, use other fuel instead of waste to produce the heat or electricity;

and a disposal authority may use, sell or otherwise dispose of any heat [F77or electricity] produced by the authority by virtue of this section.

[F78(2)Nothing in subsection (1) of this section shall be construed as exempting a disposal authority from the requirements of Part I of the Electricity Act 1989.]

(4)Subsection (6) of section 12 of this Act (except paragraph (b) of that subsection) and subsection (7) of that section (except so much of it as relates to the M6Pipe-lines Act 1962) shall have effect in relation to a disposal authority as if the reference in the said subsection (6) to the collection of waste in pursuance of that section included the conveying of heat produced by the authority by virtue of this section and of air, steam and water heated by such heat.

(5)It shall be the duty of a disposal authority by which an installation for producing heat is operated in pursuance of this section in any year to furnish to the Secretary of State, as soon as practicable after the end of that year, such particulars relating to the installation and heat produced at it as are prescribed.

(6)Nothing in this section . . . F79 shall be construed as prejudicing any power exercisable by a disposal authority apart from this section.

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Amendments (Textual)

Marginal Citations

Street cleaning and litterE+W+S

[F8022 Street cleaning etc.E+W+S
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Amendments (Textual)

F81(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F81(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)A local authority may, with the consent of any person who has an interest in or is the occupier of any relevant land, arrange for the cleaning of the land and may enter into an agreement with such a person for the payment by him of charges in respect of the cleaning; and in this subsection “relevant land” means any land in the open air to which members of the public have access, either as of right or otherwise, and which is not the site of a highway.

(4)In the preceding provisions of this section and in the following section—

  • highway” means highway maintainable at the public expense within the meaning of [F82the M7Highways Act 1980]];

  • local authority” means the council of a district or London borough and the Common Council of the City of London [F83but, in relation to Wales, means the council of a county or county borough] ; and

  • special road” and “trunk road” have the same meanings as in [F82the M8Highways Act 1980].

(5)In the application of this section to Scotland the preceding subsection shall not have effect and in this section and in the following section—

  • highway” and “highway authority” have respectively the same meanings as in the M9Roads (Scotland) Act 1970;

  • local authority” means a collection authority;

  • special road” has the same meaning as in the M10Special Roads Act 1949;

  • trunk road” means a highway which by virtue of the M11Trunk Roads Acts 1936 M12 and 1946 or an order under section 1 of the Trunk Roads Act 1946, or by virtue of section 9(1) of the said Act of 1949, is a trunk road.

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Amendments (Textual)

Marginal Citations

[F8423 Prohibition of parking to facilitate street cleaning.E+W+S
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Amendments (Textual)

(1)Where in the case of any part of a highway (hereafter in this section referred to as “the relevant area”) the highway authority for the relevant area or the local authority in whose area the relevant area is situated considers that, in order to facilitate the cleaning of the relevant area on a particular day (hereafter in this section referred to as “the relevant day”), it is appropriate to prohibit the parking of vehicles in the relevant area during certain hours of the relevant day, the authority may give notice in accordance with the following provisions of this section prohibiting such parking.

[F85(2)Such a notice must specify the relevant area, the relevant day and the hours in question; and a copy of the notice must—

(a)be served on the occupier of any premises adjoining the relevant area; and

(b)be conspicuously displayed at places in the relevant area.

(2A)The effect of the giving of such a notice and of the service and display of copies of it as required by subsection (2) of this section shall be to suspend during the hours of the relevant day specified in the notice the operation of any provision which is contained in an order under the Road Traffic Regulation Act [F861984]] or a local enactment and which authorises, designates or regulates the use of a street parking place in the relevant area.

(2B)The authority giving the notice shall cover up traffic signs and parking meters in the relevant area during the hours of the relevant day specified in the notice, but without prejudice to the effect of the notice.]

(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F87

(4)Regulations may . . . F88 provide that [F89sections 99 to 102 of the Road Traffic Regulation Act 1984] (which among other things provide for the removal, storage and disposal of vehicles left on roads in contravention of a statutory prohibition) shall have effect, in relation to any vehicle which is or was standing on any part of a highway while parking on that part is or was prohibited by virtue of this section, with such modifications as are prescribed.

[F90(5)If, either before or during the hours on the relevant day which are specified in a notice given by an authority as mentioned in subsection (1) of this section, the authority displays notices in the relevant area stating that the prohibition on parking is not to come into force or is to cease to be in force, the effect of the notices under this subsection shall be to prevent the prohibition coming into force or, as the case may be, to terminate it.]

(6)It shall be the duty of the highway authority for any part of a highway and of the local authority in whose area the part is situated to co-operate with each other in performing the functions conferred on them by virtue of this section; and where a highway authority or a local authority gives notice as mentioned in subsection (1) of this section in respect of any part of a highway for which it is the highway authority or, as the case may be, which is within its area, any other authority which is the highway authority for that part or which is the local authority within whose area that part is situated shall, with the approval of the authority which gave the notice, be entitled to act in pursuance of this section as if the other authority had given similar notice.

[F91(6A)No authority shall issue a notice under this section whose effect would be to suspend the operation of provisions of an order not made by the highway authority without first consulting the authority who made the order.]

(7)Where any parking in the relevant area is, by virtue of a notice given as mentioned in subsection (1) of this section, prohibited during specified hours on the relevant day, no right of action shall accrue to any person by reason of the fact that all or some of the cleaning of the relevant area which the highway authority or, as the case may be, the local authority proposes to do or has done during those hours is not cleaning which that authority has or had power to do if the other of those authorities has or had power to do it.

(8)Any reference in the preceding provisions of this section to a part of a highway includes any such part on which the parking of vehicles is, apart from this section, authorised by virtue of any enactment whether on payment or free of charge; and where the parking of vehicles on such a part is prohibited by virtue of this section a person shall not be entitled to recover any sum paid by him in respect of the parking of a vehicle there.

[F92(9)In this section “parking meter”, “street parking place” and “traffic sign” have the meanings respectively assigned to them by [F93sections 46(2)(a), 142(1) and 64(1) of the Road Traffic Regulation Act 1984,]]

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Amendments (Textual)

24 Litter.E+W+S

[F94(1)It shall be the duty of the council of each county in England and Wales and the local authorities of which the areas are included in the county and, where the county includes land in a National Park, the Park authority to consult from time to time together, and with such voluntary bodies as the council and the authorities consider appropriate and as agree to participate in the consultations, about the steps which the council and each of the authorities and bodies is to take for the purpose of abating litter in the county; and it shall be the duty of the county council—

(a)to prepare and from time to time revise a statement of the steps which the council and each of the authorities and bodies agrees to take for that purpose; and

(b)to take such steps as in its opinion will give adequate publicity in the county to the statement; and

(c)to keep a copy of the statement available at its principal office for inspection by the public free of charge at all reasonable hours.

(2)The preceding subsection shall apply to Greater London and the Greater London Council as it applies to a county and the council of a county, and in that subsection “local authority” means a collection authority, a parish council, a parish meeting and a community council and “Park authority” means the National Parks Committee or the joint or special planning board for the park in question,

(3)In Scotland, it shall be the duty of—

(a)the council of each region of and the district councils of which the districts are included in the region to consult from time to time together and with such voluntary bodies as the regional council and the district councils consider appropriate and as agree to participate in the consultations;

(b)the council of each islands area to consult with such voluntary bodies as the council considers appropriate and as agree to participate in the consultations,

about the steps which the regional or islands council and each of the bodies with which it consulted (including, in the case of a regional council, each district council) is to take for the purpose of abating litter in the region or, as the case may be, islands area; and it shall be the duty of the regional or islands council—

(i)to prepare and from time to time revise a statement of the steps which the regional or islands council and each of the bodies agrees to take for the purpose;

(ii)to take such steps as in its opinion will give adequate publicity in its area to the statement; and

(iii)to keep a copy of the statement available at its principal office for inspection by the public free of charge at all reasonable hours.]

(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F95

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Amendments (Textual)

F95S. 24(4) repealed by Litter Act 1983 (c. 35, SIF 100:3) s. 12(3), Sch. 2

SupplementalE+W+S

F9625. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

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Amendments (Textual)

26 Outfall pipes for sewage disposal works.E+W+S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F97

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Amendments (Textual)

[F9827 Interference with refuse tips and dustbins etc.E+W+S
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Amendments (Textual)

F98S. 27 repealed (repeal in force at 1.5.1994 save in respect of specified activities, as to which in force as provided in art. 3 of S.I. 1994/1096) by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 162(2), Sch. 16 Pt. II; S.I. 1994/1096, arts. 2, 3 (as amended by S.I. 1994/2487, art. 2 and S.I. 1994/3234, art. 2)

(1)No person shall sort over or disturb—

(a)anything deposited at a place provided by a disposal authority or a collection authority for the deposit of waste or in a receptacle for waste which is provided by such an authority or a [F99parish or community council]][F99roads authority] for public use; or

(b)the contents of any receptacle for waste which, in accordance with [F100a notice under section 13(1) or (5)] of this Act, is placed on any [F101highway][F101road] or in any other place with a view to its being emptied,

unless he is authorised to do so by the authority [F102or council] in the case of anything deposited as mentioned in paragraph (a) above or, in the case of such a receptacle as is mentioned in paragraph (b) above, unless he is a person entitled to the custody of the receptacle or is authorised to do so by such a person or is a person having the function of emptying the receptacle.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F102

(2)A person who contravenes any of the provisions of the preceding subsection shall be guilty of an offence and liable on summary conviction to a fine of an amount not exceeding [F103£100][F103level 3 on the standard scale].

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Amendments (Textual)

F99Words “roads authority” substituted (S.) for “parish or community council” by Roads (Scotland) Act 1984 (c. 54, SIF 108), s. 156(1), Sch. 9 para. 74(3)(a)

F101 “road” substituted (S.) for “highway” by Roads (Scotland) Act 1984 (c. 54, SIF 108), s. 156(1), Sch. 9 para. 3(b)

F103Words “level 3 on the standard scale” substituted (11.4.1983) by virtue of (E.W.) Criminal Justice Act 1982 (c. 48), ss. 38, 46 and (S.) Criminal Procedure (Scotland) Act 1975 (c. 21), ss. 289F, 289G (as inserted by Criminal Justice Act 1982 (c. 48), s. 54)

[F10428 Supplementary provisions relating to pipes.E+W+S
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Amendments (Textual)

(1)Where an authority provides pipes in pursuance of section 12(6), 14(5), 15(2), [F10521(4) or 26]][F105or 21(4)] of this Act, it shall be the duty of the authority—

(a)except where the authority is a collection authority and the pipes are situated in its area, to send to the collection authority in whose area the pipes are situated a map . . . F106 showing the location of the pipes; and

(b)where the authority is a collection authority and the pipes are situated in its area, to prepare such a map;

and it shall be the duty of an authority by which a map is received in pursuance of paragraph (a) of this subsection or is prepared in pursuance of paragraph (b) of this subsection to secure that a copy of the map is available at its principal offices for inspection by the public free of charge at all reasonable hours.

In the application of this subsection to Scotland, the words “the authority is a collection authority and” in paragraphs (a) and (b) shall be omitted.

[F107(2)Section 25 of the M13Public Health Act 1936 (under which the erection of buildings over a sewer or drain may be prevented or controlled by a local authority or, on appeal, by a magistrates’ court) shall have effect as if references to a drain included any pipe provided as mentioned in the preceding subsection and as if the reference to the map of sewers required by that Act to be kept deposited at the offices of an authority included any map required by the preceding subsection to be kept available at the offices of the authority.]

(3)Section 21 of the M14Sewerage (Scotland) Act 1968 (under which the erection of buldings over a sewer vested in a local authority may be prevented or controlled by the authority or, on appeal, by the sheriff) shall have effect as if the reference to a sewer vested in a local authority included any pipe provided as mentioned in subsection (1) of this section.

(4)References to pipes in the preceding provisions of this section include associated works.

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Amendments (Textual)

Marginal Citations

[F10829 Modification of Parts I and II to avoid duplication of control.E+W+S
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Amendments (Textual)

The Secretary of State may by regulations make such modifications of this Part of this Act and Part II of this Act as he considers appropriate with a view to securing that the provisions of one but not both of those Parts apply to prescribed acts and omissions.]

[F10930 Interpretation etc. of Part I. E+W+S
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Amendments (Textual)

(1)Subject to the following subsection [F110and to subsection (6) below]], in this Part of this Act—

  • [F111the appropriate Agency” means—

    (a)

    in relation to England and Wales, the Environment Agency;

    (b)

    in relation to Scotland, SEPA;]

  • associated works”, in relation to pipes, means any of the following connected with the pipes, namely, any valve, filter, stopcock, pump, inspection chamber and manhole and such other works as are prescribed;

  • collection authority” means the council of a district or a London borough, the Common Council of the City of London, the Sub-Treasurer of the Inner Temple and the Under Treasurer of the Middle Temple and “English collection authority” means a collection authority [F112of which the area is in the area of an English county disposal authority];

  • controlled waste” means household, industrial and commercial waste or any such waste;

  • [F113disposal authority” means the council of a county or metripolitan district in England, the council of a London borough and the Common Council of the City of London, “English county disposal authority” means the council of a county in England and “relevant disposal authority”, in relation to an English collection authority, means the English county disposal authority whose area includes that of the collection authority;]

  • disposal licence” has the meaning assigned to it by section 3(1) of this Act, and “holder” in relation to such a licence shall be construed in accordance with section 8(3) of this Act;

  • private dwelling” means—

(a)a hereditament or premises used wholly for the purposes of a private dwelling or private dwellings as determined in accordance with Schedule 13 to the M15General Rate Act 1967; and

(b)a caravan as defined in section 29(1) of the M16Caravan Sites and Control of Development Act 1960 (disregarding the amendment made by section 13(2) of the M17Caravan Sites Act 1968) which usually and for the time being is situated on a caravan site within the meaning of that Act;

  • relevant land” means—

(a)in relation to a proposal to issue a disposal licence, the land on which activities may be carried on in pursuance of the licence if it is issued in accordance with the proposal; and

(b)in relation to a disposal licence, the land on which activities may be carried on in pursuance of the licence,

and references to land in the preceding paragraphs include such water as is mentioned in section 4(4) of this Act;

[F114waste” has the same meaning as it has in Part II of the M18Environmental Protection Act 1990 by virtue of section 75(2) of that Act;]

[F115 and for the purposes of this Part of this Act anything which is discarded or otherwise dealt with as if it were waste shall be presumed to be waste unless the contrary is proved.]

(2)In the application of this Part of this Act to Scotland—

  • collection authority” means an islands or district council;

  • disposal authority” means an islands or district council;

  • private dwelling” means—

(a)lands and heritages used wholly or mainly for the purposes of a private dwelling or private dwellings; and

(b)a caravan as defined in section 29(1) of the M19Caravan Sites and Control of Development Act 1960 which usually and for the time being is situated on a caravan site within the meaning of that Act;

  • Scottish collection authority” means a collection authority of which the area is in Scotland;

  • Scottish disposal authority” means a disposal authority of which the area is in Scotland.

(3)Subject to the following subsection, for the purposes of this Part of this Act—

(a)household waste consists of waste from a private dwelling or residential home or from premises forming part of a university or school or other educational establishment or forming part of a hospital or nursing home;

(b)industrial waste consists of waste from any factory within the meaning of the M20Factories Act 1961 and any premises occupied by a body corporate established by or under any enactment for the purpose of carrying on under national ownership any industry or part of an industry or any undertaking, excluding waste from any mine or quarry; and

(c)commercial waste consists of waste from premises used wholly or mainly for the purposes of a trade or business or the purposes of sport, recreation or entertainment excluding—

(i)household and industrial waste, and

(ii)waste from any mine or quarry and waste from premises used for agriculture within the meaning of the M21Agriculture Act 1947 or, in Scotland, the M22Agriculture (Scotland) Act 1948, and

(iii)waste of any other description prescribed for the purposes of this sub-paragraph.

(4)Regulations may provide that waste of a prescribed description shall be treated for the purposes of prescribed provisions of this Part of this Act as being or not being household waste or industrial waste or commercial waste; but no regulations shall be made by virtue of the preceding provisions of this subsection in respect of such waste as is mentioned in paragraph (c)(ii) of the preceding subsection and references in those provisions and in the preceding subsection to waste do not include sewage except so far as regulations provide otherwise.

In this subsection “sewage” includes matter in or from a privy within the meaning of section 12(5) of this Act.

(5)Except as provided by regulations made by virtue of this subsection, nothing in this Part of this Act applies to radioactive waste within the meaning of the M23Radioactive Substances Act 1960; but regulations may—

(a)provide for prescribed provisions of this Part of this Act to have effect with such modifications as the Secretary of State considers appropriate for the purposes of dealing with such radioactive waste;

(b)make such modifications of the said Act of 1960 and any other Act as the Secretary of State considers appropriate in consequence of the passing of this Part of this Act or in connection with regulations made by virtue of the preceding paragraph.

[F116(6)In the application of this Part of this Act to Wales—

  • collection authority” means a county council or county borough council; and

  • disposal authority” means a county council or county borough council.]

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Amendments (Textual)

F110Words in s. 30(1) inserted (1.4.1996) by 1994 c. 19, s. 22(3), Sch. 9 para. 10(2); S.I. 1996/396, art.

F111Definition in s. 30(1) inserted (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 27(a) (Sch. 22 para. 27 isprospectively repealed by Sch. 24 of the same 1995 Act) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

F112Words substituted (1.4.1986) as provided by Local Government Act 1985 (c. 51, SIF 81:1), s. 9, Sch. 6 para. 3(5)

F113Definition substituted (1.4.1986) as provided by Local Government Act 1985 (c. 51, SIF 81:1), s. 9, Sch. 6 para. 3(5)

F114Definition of

waste

in s. 30(1) substituted (1.1.2001) by 1995 c. 25, ss. 120(1), 125(3), Sch. 22 para. 27(b) (with ss. 7(6), 115, 117), SS.I. 2000/433

F115Words in s. 30(1) repealed (1.1.2001) by 1995 c. 25, ss. 120(1)(3), 125(3), Sch. 22 para. 27(c), Sch. 24 (with ss. 7(6), 115, 117), SS. I. 2000/433

Modifications etc. (not altering text)

C29By S.I. 1985/1884, art. 5, Sch. 2 para. 11 (which was made under the power in s. 10(1)(3)(6)(7) of Local Government Act 1985 (c. 51, SIF 81:1) which power by virtue of s. 10(3) thereof was exercisable at any time before 1.4.86) it was provided (E.W.) that (coming into operation on 29.12.1985) s. 30 has effect as if in subsection (1) the definitions of “disposal authority”, “English county disposal authority” and “relevant disposal authority” were omitted and the following definitions were inserted at the appropriate places:

“area”,in relation to the Greater Manchester Waste Disposal Authority, means—

(a)for the purposes of the waste disposal provisions of this Act, the metropolitan county of Greater Manchester excluding the metropolitan district of Wigan; and

(b)for the purposes of the waste regulation provisions of this Act,the whole county;

“disposal authority” has the meaning given by subsections (2A) to (2D) of this section;

“English county disposal authority” means the council of a county in England, the Greater Manchester Waste Disposal Authority or the Merseyside Waste Disposal Authority;

“London waste disposal authority” means an authority established by Part II, III, IV or V of Schedule 1 to the Waste Regulation and Disposal (Authorities) Order 1985;

“waste disposal provisions” means—

(a)sections 1 and 2 (waste disposal arrangements and plans);

(b)section 12 (collection of waste);

(c)section 13(4) (provision of receptacles for industrial or commercial waste);

(d)section 14 (disposal of waste);

(e)section 17(2)(a) and (c) (disposal of dangerous or intractable waste);

(f)sections 19 to 21 (powers in relation to disposal of waste which is not controlled waste, reclamation of waste and production of heat and electricity from waste); and

(g)section 27(1) (interference with refuse tips and dustbins etc.);

“waste regulation provisions” means—

(a)sections 3 to 11 (disposal licences);

b)section 16 (removal of waste deposited in breach of licensing provisions); and

(c)section 17(1)(a) and (2)(b) to (d) (directions as to disposal of dangerous or intractable waste, supervision of certain activities, recovery of expenses and charges and appeals to the Secretary of State);

C30S. 30 shall be modified to have effect as if after subsection (1) there were inserted subsections by S.I. 1985/1884, art. 5, Sch. 2 para. 11(b) the following subsections:

(2A)In Greater London the disposal authority is—

(a)for the purposes of the waste disposal provisions of this Act—

(i)in the area of a London waste disposal authority, that authority;

(ii) in the City of London, the Common Council;

(iii)in any other London borough, the council of that borough; and

(b)for the purposes of the waste regulation provisions of this Act, the London Waste Regulation Authority.

(2B)In the metropolitan county of Greater Manchester the disposal authority is—

(a)for the purposes of the waste disposal provisions of this Act—

(i)in the metropolitan district of Wigan, the district council;

(ii)in all other areas in the county, the Greater Manchester Waste Disposal Authority; and

(b)for the purposes of the waste regulation provisions of this Act, the Greater Manchester Waste Disposal Authority.

(2C)In the metropolitan county of Merseyside the disposal authority is the Merseyside Waste Disposal Authority.

(2D)In all other local authority areas in England the disposal authority is the council of the county or metropolitan district and in Wales it is the council of the district.

Marginal Citations

[F117Part IA S Abandoned Mines

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Amendments (Textual)

F117Pt. IA (ss. 30Y, 30Z) inserted (12.10.1995 for specified purposes otherwise 1.1.1999) by 1995 c. 25, s. 59 (with ss. 7(6), 115, 117); S.I. 1995/2649, art. 2(i); S.I. 1998/3272, art. 2

Modifications etc. (not altering text)

C32Pt. 1A modified (1.4.1996) by 1995 c. 25, s. 33(5)(b) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

30Y Introductory.S
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Amendments (Textual)

F118Pt. IA (ss. 30Y, 30Z) inserted (12.10.1995 for specified purposes otherwise 1.1.1999) by 1995 c. 25, s. 59 (with ss. 7(6), 115, 117); S.I. 1995/2649, art. 2(i); S.I. 1998/3272, art. 2

(1)For the purposes of this Part, “abandonment”, in relation to a mine,—

(a)subject to paragraph (b) below, includes—

(i)the discontinuance of any or all of the operations for the removal of water from the mine;

(ii)the cessation of working of any relevant seam, vein or vein-system;

(iii)the cessation of use of any shaft or outlet of the mine;

(iv)in the case of a mine in which activities other than mining activities are carried on (whether or not mining activities are also carried on in the mine)—

(A)the discontinuance of some or all of those other activities in the mine; and

(B)any substantial change in the operations for the removal of water from the mine; but

(b)does not include—

(i)the abandonment of any rights, interests or liabilities by the Accountant in Bankruptcy acting as permanent or interim trustee in a sequestration (within the meaning of the M24Bankruptcy (Scotland) Act 1985); or

(ii)any disclaimer under section 178 or 315 of the M25Insolvency Act 1986 (power of liquidator, or trustee of bankrupt’s estate, to disclaim onerous property) by the official receiver acting in a compulsory capacity;

and cognate expressions shall be construed accordingly.

(2)In this Part, except where the context otherwise requires—

  • acting in a compulsory capacity”, in the case of the official receiver, means acting as—

    (a)

    liquidator of a company;

    (b)

    receiver or manager of a bankrupt’s estate, pursuant to section 287 of the M26Insolvency Act 1986;

    (c)

    trustee of a bankrupt’s estate;

    (d)

    liquidator of an insolvent partnership;

    (e)

    trustee of an insolvent partnership;

    (f)

    trustee, or receiver or manager, of the insolvent estate of a deceased person;

  • the official receiver” has the same meaning as it has in the M27Insolvency Act 1986 by virtue of section 399(1) of that Act;

  • relevant seam, vein or vein-system”, in the case of any mine, means any seam, vein or vein-system for the purpose of, or in connection with, whose working any excavation constituting or comprised in the mine was made.

(3)This Part extends only to Scotland.]]

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Modifications etc. (not altering text)

C33S. 30Y modified (1.4.1996) by 1995 c. 25, s. 33(5)(b) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

Marginal Citations

[F11930Z Mine operators to give SEPA six months’ notice of any proposed abandonment.S
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Amendments (Textual)

F119Pt. IA (ss. 30Y, 30Z) inserted (12.10.1995 for specified purposes otherwise 1.1.1999) by 1995 c. 25, s. 59 (with ss. 7(6), 115, 117); S.I. 1995/2649, art. 2(i); S.I. 1998/3272, art. 2

(1)If, in the case of any mine, there is to be an abandonment at any time after the expiration of the initial period, it shall be the duty of the operator of the mine to give notice of the proposed abandonment to SEPA at least six months before the abandonment takes effect.

(2)A notice under subsection (1) above shall contain such information (if any) as is prescribed for the purpose, which may include information about the operator’s opinion as to any consequences of the abandonment.

(3)A person who fails to give the notice required by subsection (1) above shall be guilty of an offence and liable—

(a)on summary conviction, to a fine not exceeding the statutory maximum;

(b)on conviction on indictment, to a fine.

(4)A person shall not be guilty of an offence under subsection (3) above if—

(a)the abandonment happens in an emergency in order to avoid danger to life or health; and

(b)notice of the abandonment, containing such information as may be prescribed, is given as soon as reasonably practicable after the abandonment has happened.

(5)Where the operator of a mine is—

(a)the Accountant in Bankruptcy acting as permanent or interim trustee in a sequestration (within the meaning of the M28Bankruptcy (Scotland) Act 1985); or

(b)the official receiver acting in a compulsory capacity,

he shall not be guilty of an offence under subsection (3) above by reason of any failure to give the notice required by subsection (1) above if, as soon as is reasonably practicable (whether before or after the abandonment), he gives to SEPA notice of the abandonment or proposed abandonment, containing such information as may be prescribed.

(6)Where a person gives notice under subsection (1), (4)(b) or (5) above, he shall publish prescribed particulars of, or relating to, the notice in one or more local newspapers circulating in the locality where the mine is situated.

(7)Where SEPA—

(a)receives notice under this section or otherwise learns of an abandonment or proposed abandonment in the case of any mine, and

(b)considers that, in consequence of the abandonment or proposed abandonment taking effect, any land has or is likely to become contaminated land, within the meaning of Part IIA of the M29Environmental Protection Act 1990,

it shall be the duty of SEPA to inform the local authority in whose area that land is situated of the abandonment or proposed abandonment.

(8)In this section—

  • the initial period” means the period of six months beginning with the day on which subsection (1) above comes into force;

  • local authority” means a council constituted under section 2 of the M30Local Government etc. (Scotland) Act 1994.]

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Modifications etc. (not altering text)

C34S. 30Z modified (1.4.1996) by 1995 c. 25, s. 33(5)(b) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

Marginal Citations

Part II E+W+S Pollution of water

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Modifications etc. (not altering text)

C35Pt. II modified (S.) (19.5.1993) by S.I. 1993/1156, regs. 3, 4, 5, Sch. 1

Pt. II (ss. 31-56) modified (1.4.1996) by 1995 c. 25, s. 33(5)(b) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

C37Pt. II modified by S.I. 1984/1200, reg. 3, Sch. 1 and 1985/5, regs. 3(1)(2), 4(1)( a )

C39Functions exercisable under Pt. II by (a) Minister of Agriculture, Fisheries and Food and (b) that Minister and Secretary of State jointly transferred (W.) by S.I. 1978/272, art. 2(1)(3), Sch. 1

Pt. II: transfer of functions (12.10.1995) by 1995 c. 25, s. 21(1)(a)(ii) (with ss. 7(6), 115, 117); S.I. 1995/2649, art. 2

General provisionsE+W+S

[F12030A Waters to which Part II applies.S
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Amendments (Textual)

(1)This part applies to any waters (in this Part referred to as “controlled waters”) of any of the following classes—

(a)relevant territorial waters, that is to say, subject to subsection (5) below, the waters which extend seaward for three miles from the baselines from which the breadth of the territorial sea adjacent to Scotland is measured;

(b)coastal waters, that is to say, any waters which are within the area which extends landward from those baselines as far as the limit of the highest tide or, in the case of the waters of any relevant river or watercourse, as far as the fresh-water limit of the river or watercourse, together with the waters of any enclosed dock which adjoins waters within that area;

(c)inland waters, that is to say, the waters of any relevant loch or pond or of so much of any relevant river or watercourse as is above the fresh-water limit;

(d)ground waters, that is to say, any waters contained in underground strata, or in—

(i)a well, borehole or similar work sunk into underground strata, including any adit or passage constructed in connection with the well, borehole or work for facilitating the collection of water in the well, borehole or work; or

(ii)any excavation into underground strata where the level of water in the excavation depends wholly or mainly on water entering it from the strata.

(2)The Secretary of State—

(a)shall deposit maps with [F121SEPA]] showing what appear to him to be the fresh-water limits of every relevant river or watercourse . . . F122; and

(b)may from time to time, if he considers it appropriate to do so by reason of any change of what appears to him to be the fresh-water limit of any river or watercourse, deposit a map showing a revised limit for that river or watercourse;

and in subsection (1) above “fresh-water limit”, in relation to any river or watercourse, means the place for the time being shown as the fresh-water limit of that river or watercourse in the latest map deposited for that river or watercourse under this subsection.

(3)It shall be the duty of [F121SEPA] to keep any maps deposited with it under subsection (2) above available, at all reasonable times, for inspection by the public free of charge.

(4)In this section—

  • miles” means international nautical miles of 1,852 metres;

  • loch or pond” includes a reservoir of any description;

  • relevant loch or pond” means (subject to subsection (5) below) any loch or pond which (whether it is natural or artificial or above or below ground) discharges into a relevant river or watercourse or into another loch or pond which is itself a relevant loch or pond;

  • relevant river or watercourse” means any river or watercourse (including an underground river or watercourse and an artificial river or watercourse) which is neither a public sewer nor a sewer or drain which drains into a public sewer.

(5)The Secretary of State may by order provide—

(a)that any area of the territorial sea adjacent to Scotland is to be treated as if it were an area of relevant territorial waters for the purposes of this Part;

(b)that any loch or pond which does not discharge into a relevant river or watercourse or into a relevant loch or pond is to be treated for those purposes as a relevant loch or pond.

(6)The power of the Secretary of State to make an order under subsection (5) above shall be exercisable by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament; and such an order may—

(a)contain such supplemental, consequential and transitional provision as the Secretary of State considers appropriate; and

(b)make different provision for different cases, including different provision in relation to different persons, circumstances or localities.

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Amendments (Textual)

F121Words in s. 30A(2)(a) and (3) substituted (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 29(2) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

Modifications etc. (not altering text)

C40S. 30A extended (2.12.1991) by S.I. 1991/2539, reg. 3, Sch.

S. 30A amended (27.8.1993) by 1993 c. 12, ss. 40, 51(2), Sch. 3 Pt. II para. 16 (with ss. 42, 46)

C41S. 30A(1)(c) modified (6.1.1997) by S.I. 1996/3047, reg. 15(1)

[F12330B Classification of quality waters.S
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Amendments (Textual)

(1)The Secretary of State may, in relation to any description of controlled waters (being a description applying to some or all of the waters of a particular class or of two or more different classes), by regulations prescribe a system of classifying the quality of those waters according to criteria specified in the regulations.

(2)The criteria specified in regulations under this section in relation to any classification shall consist of one or more of the following, that is to say—

(a)general requirements as to the purposes for which the waters to which the classification is applied are to be suitable;

(b)specific requirements as to the substances that are to be present in or absent from the water and as to the concentrations of substances which are or are required to be present in the water;

(c)specific requirements as to other characteristics of those waters;

and, for the purposes of any such classification, regulations under this section may provide that the question whether prescribed requirements are satisfied may be determined by reference to such samples as may be prescribed.]

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Modifications etc. (not altering text)

C42S. 30B extended (2.12.1991) by S.I. 1991/2539, reg. 3, Sch.

S. 30B amended (27.8.1993) by 1993 c. 12, ss. 40, 51(2), Sch. 3 Pt. II para. 16 (with ss. 42, 46)

[F12430C Water quality objectives.S

(1)For the purpose of maintaining and improving the quality of controlled waters the Secretary of State may, by serving a notice on [F125SEPA]] specifying—

(a)one or more of the classifications for the time being prescribed under section 30B above; and

(b)in relation to each specified classification, a date,

establish the water quality objectives for any waters. . . F126which are, or are included in, waters of a description prescribed for the purposes of that section.

(2)The water quality objectives for any waters to which a notice under this section relates shall be the satisfaction by those waters, on and at all times after each date specified in the notice, of the requirements which at the time of the notice were the requirements for the classification in relation to which that date is so specified.

(3)Where the Secretary of State has established water quality objectives under this section for any waters he may review objectives for those waters if—

(a)five years or more have elapsed since the service of the last notice under subsection (1) or (6) of this section to be served in respect of those waters; or

(b)[F127SEPA], after consultation with such persons as it considers appropriate, requests a review;

and the Secretary of State shall not exercise his power to establish objectives for any waters by varying the existing objectives for those waters except in consequence of such a review.

(4)Where the Secretary of State proposes to exercise his power under this section to establish or vary the objectives for any waters. . . F128he shall—

(a)give notice to [F129SEPA] setting out his proposal and specifying the period (not being less than three months from the date of publication of the notice) within which representations with respect to the proposal may be made; and

(b)consider any representations which are duly made;

and if he decides, after considering any such representations, to exercise his power to establish or vary those objectives, he may do so either in accordance with the proposal contained in the notice or in accordance with that proposal as modified in such manner as he considers appropriate.

(5)A notice under subsection (4) above shall be given—

(a)by publishing the notice in such manner as the Secretary of State considers appropriate for bringing it to the attention of persons likely to be affected by it; and

(b)by serving a copy of the notice on [F130SEPA].

(6)If, on a review under this section or in consequence of any representations made following such a review for the purposes of subsection (4) above, the Secretary of State decides that the water quality objectives for any waters F131 . should remain unchanged, he shall serve notice of that decision on [F132SEPA].

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Amendments (Textual)

F125Words in s. 30C(1) substituted (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 29(1)(2) (with ss. 7(6),115, 117); S.I. 1996/186, art. 3

F127Words substituted in s. 30C(3)(b) (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 29(4)(b) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

Modifications etc. (not altering text)

C43S. 30C amended (9.8.1991) by S.I. 1991/1609, reg. 3(a)

S. 30C amended (1.4.1992) by S.I. 1992/574, reg. 4(a)

C44S. 30C modified (9.8.1992) by S.I. 1991/1609, reg. 3(b)

S. 30C modified (1.4.1992) by S.I. 1992/574, reg. 4(b)

S. 30C modified (6.1.1997) by S.I. 1996/3047, reg. 15(2)

S. 30C modified (18.11.1997) by 1997/2470, reg. 6

S, 30C modified (18.11.1997) by S.I. 1997/2471, reg. 6

S. 30C modified (1.4.1998) by S.I. 1998/250, reg. 5

S. 30C modified (1.7.1998) by S.I. 1998/1344, reg. 5

C45S. 30C(4)(5) excluded by S.I. 1990/126, reg. 4

S. 30C(4)(5) omitted (to the extent specified in S.I. 1992/574, reg. 4(b)) (1.4.1992) by virtue of S.I. 1992/574, reg. 4(b).

[F13330D General duties to achieve and maintain objectives etc.S

(1)It shall be the duty of the Secretary of State and of [F134SEPA]] to exercise the powers conferred on him or it by or under the following provisions of this Part or the provisions of the Rivers (Prevention of Pollution) (Scotland) Acts 1951 and 1965 [F135and of the Environmental Protection Act 1990] in such manner as ensures, so far as it is practicable by the exercise of those powers to do so, that the water quality objectives specified for any waters in a notice under section 30C above, or in a notice under [F136section 83 of the Water Resources Act 1991], are achieved at all times.

(2)It shall be the duty of [F134SEPA], for the purposes of the carrying out of its functions under the following provisions of this Part or the provisions of the Rivers (Prevention of Pollution) (Scotland) Acts 1951 and 1965, to monitor the extent of pollution in controlled waters.

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Amendments (Textual)

F134Words in s. 30D substituted (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 29(2) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

Modifications etc. (not altering text)

C46S. 30D extended (2.12.1991) by S.I. 1991/2539, reg. 3, Sch.

S. 30D amended (27.8.1993) by 1993 c. 12, ss. 40, 51(2), Sch. 3 Pt. II para. 16 (with ss. 42, 46)

[F13730E Consultation and collaboration.S

In the performance of [F138its]] functions in relation to waters partly in Scotland and partly in England [F139SEPA] shall, in matters of common interest, consult and collaborate with the [F139Environment Agency].

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Amendments (Textual)

[F140 Control of entry of polluting matter and effluents into water]S

[F14130F Pollution offences.S

(1)A person contravenes this section if he causes or knowingly permits any poisonous, noxious or polluting matter or any solid waste matter to enter any controlled waters.

(2)A person contravenes this section if he causes or knowingly permits any matter, other than trade effluent or sewage effluent, to enter controlled waters by being discharged from a sewer or from a drain in contravention of a prohibition imposed under section 30G below.

(3)A person contravenes this section if he causes or knowingly permits any trade effluent or sewage effluent to be discharged—

(a)into any controlled waters; or

(b)from land in Scotland, through a pipe, into the sea outside the seaward limits of controlled waters.

(4)A person contravenes this section if he causes or knowingly permits any trade effluent or sewage effluent to be discharged, in contravention of any prohibition imposed under section 30G below, from a building or from any plant—

(a)on to or into any land; or

(b)into any waters of a loch or pond which are not inland waters.

(5)A person contravenes this section if he causes or knowingly permits any matter whatever to enter any inland waters so as to tend (either directly or in combination with other matter which he or another person causes or permits to enter those waters) to impede the proper flow of the waters in a manner leading, or likely to lead, to a substantial aggravation of—

(a)pollution due to other causes; or

(b)the consequences of such pollution.

(6)Subject to the following provisions of this Part, a person who contravenes this section shall be guilty of an offence and liable—

(a)on summary conviction, to imprisonment for a term not exceeding three months or to a fine not exceeding £20,000 or to both;

(b)on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine or to both.]

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Amendments (Textual)

Modifications etc. (not altering text)

C47S. 30F applied (with modifications) (28.7.1998) by 1998 c. iii, s. 1, Sch. para. s. 29(4)

[F14230G Prohibition of certain discharges by notice or regulations.S

(1)For the purposes of section 30F above a discharge of any effluent or other matter is, in relation to any person, in contravention of a prohibition imposed under this section if, subject to the following provisions of this section—

(a)SEPA has given that person notice prohibiting him from making or, as the case may be, continuing the discharge; or

(b)SEPA has given that person notice prohibiting him from making or, as the case may be, continuing the discharge unless specified conditions are observed, and those conditions are not observed.

(2)For the purposes of section 30F above a discharge of any effluent or other matter is also in contravention of a prohibition imposed under this section if the effluent or matter discharged—

(a)contains a prescribed substance or a prescribed concentration of such a substance; or

(b)derives from a prescribed process or from a process involving the use of prescribed substances or the use of such substances in quantities which exceed the prescribed amounts.

(3)Nothing in subsection (1) above shall authorise the giving of a notice for the purposes of that subsection in respect of discharges from a vessel; and nothing in any regulations made by virtue of subsection (2) above shall require any discharge from a vessel to be treated as a discharge in contravention of a prohibition imposed under this section.

(4)A notice given for the purposes of subsection (1) above shall expire at such time as may be specified in the notice.

(5)The time specified for the purposes of subsection (4) above shall not be before the end of the period of three months beginning with the day on which the notice is given, except in a case where SEPA is satisfied that there is an emergency which requires the prohibition in question to come into force at such time before the end of that period as may be so specified.

(6)Where, in the case of such a notice for the purposes of subsection (1) above as (but for this subsection) would expire at a time at or after the end of the said period of three months, an application is made before that time for a consent in pursuance of section 34 of this Act in respect of the discharge to which the notice relates, that notice shall be deemed not to expire until the result of the application becomes final—

(a)on the grant or withdrawal of the application;

(b)on the expiration, without the bringing of an appeal with respect to the decision on the application, of any period prescribed by virtue of section 39(2) below as the period within which any such appeal must be brought; or

(c)on the withdrawal or determination of any such appeal.]

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Amendments (Textual)

[F14330H Discharges into and from sewers etc.S

(1)For the purposes of section 30F above where—

(a)any sewage effluent is discharged as mentioned in subsection (3) or (4) of that section from any sewer or works—

(i)vested in a sewerage authority; or

(ii)vested in a person other than a sewerage authority and forming (or forming part of) a system provided by him such as is mentioned in section 98(1)(b) of the M31Local Government etc. (Scotland) Act 1994; and

(b)the authority or, as the case may be, the person did not cause or knowingly permit the discharge but was bound (either unconditionally or subject to conditions which were observed) to receive into the sewer or works matter included in the discharge,

the authority or person shall be deemed to have caused the discharge.

(2)A sewerage authority shall not be guilty of an offence under section 30F of this Act by reason only of the fact that a discharge from a sewer or works vested in the authority contravenes conditions of a consent relating to the discharge if—

(a)the contravention is attributable to a discharge which another person caused or permitted to be made into the sewer or works; and

(b)the authority either was not bound to receive the discharge into the sewer or works or was bound to receive it there subject to conditions but the conditions were not observed; and

(c)the authority could not reasonably have been expected to prevent the discharge into the sewer or works;

and a person shall not be guilty of such an offence in consequence of a discharge which he caused or permitted to be made into a sewer or works vested in a sewerage authority if the authority was bound to receive the discharge there either unconditionally or subject to conditions which were observed.

(3)A person in whom any such sewer or works as is described in subsection (1)(a)(ii) above is vested (such person being in this subsection referred to as a “relevant person”) shall not be guilty of an offence under section 30F of this Act by reason only of the fact that a discharge from the sewer or works contravenes conditions of a consent relating to the discharge if—

(a)the contravention is attributable to a discharge which another person caused or permitted to be made into the sewer or works; and

(b)the relevant person either was not bound to receive the discharge into the sewer or works or was bound to receive it there subject to conditions but the conditions were not observed; and

(c)the relevant person could not reasonably have been expected to prevent the discharge into the sewer or works;

and another person shall not be guilty of such an offence in consequence of a discharge which he caused or permitted to be made into a sewer or works vested in a relevant person if the relevant person was bound to receive the discharge there either unconditionally or subject to conditions which were observed.]

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Amendments (Textual)

Marginal Citations

[F14430I Defence to principal offences in respect of authorised discharges.S

(1)Subject to the following provisions of this section, a person shall not be guilty of an offence under section 30F above in respect of the entry of any matter into any waters or any discharge if the entry occurs or the discharge is made under and in accordance with, or as a result of, any act or omission under and in accordance with—

(a)a consent in pursuance of section 34 of this Act or under Chapter II of Part III of the M32Water Resources Act 1991 (which makes corresponding provision for England and Wales);

(b)an authorisation for a prescribed process designated for central control granted under Part I of the M33Environmental Protection Act 1990;

[F145(ba)a permit granted by SEPA under regulations made under section 2 of the Pollution Prevention and Control Act 1999;]]

(c)a waste management or disposal licence;

(d)a licence granted under Part II of the M34Food and Environment Protection Act 1985;

(e)section 33 of the M35Water (Scotland) Act 1980 (temporary discharge by authorities in connection with the construction of works);

(f)any provision of a local Act or statutory order which expressly confers power to discharge effluent into water; or

(g)any prescribed enactment.

(2)Nothing in any disposal licence shall be treated for the purposes of subsection (1) above as authorising—

(a)any such entry or discharge as is mentioned in subsections (2) to (4) of section 30F above; or

(b)any act or omission so far as it results in any such entry or discharge.

(3)In this section—

  • disposal licence” means a licence issued in pursuance of section 5 of this Act;

  • local Act” includes enactments in a public general Act which amend a local Act;

  • statutory order” means an order, byelaw, scheme or award made under an Act of Parliament, including an order or scheme confirmed by Parliament or brought into operation in accordance with special parliamentary procedure; and

  • waste management licence” means such a licence granted under Part II of the M36Environmental Protection Act 1990.

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Amendments (Textual)

Modifications etc. (not altering text)

C48S. 30I(1) applied (with modifications) (1.4.1999) by S.I. 1998/2746, reg. 14(2)

Marginal Citations

[F14630J Other defences to principal offences.S

(1)A person shall not be guilty of an offence under section 30F above in respect of the entry of any matter into any waters or any discharge if—

(a)the entry is caused or permitted, or the discharge is made, in an emergency in order to avoid danger to life or health;

(b)that person takes all such steps as are reasonably practicable in the circumstances for minimising the extent of the entry or discharge and of its polluting effects; and

(c)particulars of the entry or discharge are furnished to SEPA as soon as reasonably practicable after the entry occurs.

(2)A person shall not be guilty of an offence under section 30F above by reason of his causing or permitting any discharge of trade or sewage effluent from a vessel.

(3)A person shall not be guilty of an offence under section 30F above by reason only of his permitting water from an abandoned mine or an abandoned part of a mine to enter controlled waters.

(4)Subsection (3) above shall not apply to the owner or former operator of any mine or part of a mine if the mine or part in question became abandoned after 31st December 1999.

(5)In determining for the purposes of subsection (4) above whether a mine or part of a mine became abandoned before, on or after 31st December 1999 in a case where the mine or part has become abandoned on two or more occasions, of which—

(a)at least one falls on or before that date, and

(b)at least one falls after that date,

the mine or part shall be regarded as becoming abandoned after that date (but without prejudice to the operation of subsection (3) above in relation to that mine or part at, or in relation to, any time before the first of those occasions which falls after that date).

(6)Where, immediately before a part of a mine becomes abandoned, that part is the only part of the mine not falling to be regarded as abandoned for the time being, the abandonment of that part shall not be regarded for the purposes of subsection (4) or (5) above as constituting the abandonment of the mine, but only of that part of it.

(7)A person shall not, otherwise than in respect of the entry of any poisonous, noxious or polluting matter into any controlled waters, be guilty of an offence under section 30F above by reason of his depositing the solid refuse of a mine or quarry on any land so that it falls or is carried into inland waters if—

(a)he deposits the refuse on the land with the consent of SEPA;

(b)no other site for the deposit is reasonably practicable; and

(c)he takes all reasonably practicable steps to prevent the refuse from entering those inland waters.

(8)A roads authority obliged or entitled to keep open a drain by virtue of section 31 of the M37Roads (Scotland) Act 1984 shall not be guilty of an offence under section 30F above by reason of its causing or permitting any discharge to be made from a drain kept open by virtue of that section unless the discharge is made in contravention of a prohibition imposed under section 30G above.]

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Amendments (Textual)

Marginal Citations

Control of entry of polluting matter and effluents into waterE+W+S

[F14731 Control of pollution of rivers and coastal waters etc. S
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Modifications etc. (not altering text)

F148(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F148(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F148(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)Where it appears to the Secretary of State that, with a view to preventing poisonous, noxious or polluting matter from entering any controlled waters, it is appropriate to prohibit or restrict the carrying on in a particular area of activities which he considers are likely to result in pollution of the waters, then, subject to subsection (5) below, he may by regulations—

(a)designate the area; and

(b)provide that prescribed activities shall not be carried on at any place within the area except with the consent (which shall not be unreasonably withheld) of [F149SEPA]] and in accordance with any reasonable conditions to which the consent is subject;

(c)provide that a contravention of the regulations shall be an offence and prescribe the maximum penalty for the offence; and

(d)make provision for the imposition by [F150SEPA] of charges in respect of the consent mentioned in paragraph (b) above.

(5)It shall be the duty of the Secretary of State, before he makes any regulations under subsection (4) above—

(a)to publish in the Edinburgh Gazette and in at least one newspaper circulating in the area in question a copy of the proposed regulations and a notice specifying—

(i)a period of not less than twenty-eight days, beginning with the date on which the notice is first published, within which objections to the proposed regulations may be made, and

(ii)the person to whom such objections may be made; and

(b)to consider any objections to the proposed regulations which are made within that period and, if such an objection is so made by a prescribed person and is not withdrawn, to cause a local inquiry to be held in pursuance of section 96 of this Act with respect to the proposed regulations;

and the Secretary of State may, after considering any such objections as are mentioned in paragraph (b) of this subsection and the report of any person appointed to hold a local inquiry with respect to the proposed regulations, make the regulations either in the form in which a copy of them was published in pursuance of this subsection or in that form with such modifications as he considers appropriate.

(6)[F151SEPA] may by byelaws make such provision as [F152it] considers appropriate for prohibiting or regulating the washing or cleaning, in any controlled waters. . . F153, of things of a kind specified in the byelaws; and a person who contravenes any byelaws made by virtue of this subsection shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale or such smaller sum as is specified in the byelaws.

F148(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8)The maximum penalty prescribed in pursuance of subsection (4) of this section shall not exceed the penalties specified in [F154section 30F(6) above].

(9)In subsection (4) of this section, the reference to the entry of poisonous, noxious or polluting matter into controlled waters shall not include a reference to the entry of nitrate into controlled waters as a result of, or of anything done in connection with, the use of any land for agricultural purposes.

F148(10). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

F151Words in s. 31(6) substituted (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 29(2) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

F154Words in s. 31(8) substituted (1.4.1996) by 1995 c. 25, s. 106, Sch. 16 para. 4 (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

Modifications etc. (not altering text)

C50S. 31(4)-(5)(8)-(10) extended (S.)(2.12.1991) by S.I. 1991/2539, reg. 3, Sch.

S. 31(4)-(5)(8)-(10) amended (27.8.1993) by 1993 c. 12, ss. 40, 51(2), Sch. 12 Pt. II para. 16 (with ss. 42, 46)

C51S. 31 applied (with modifications) (24.3.1994) by 1994 c. i, s. 1, Sch. Pt. II para. 12(4)

s. 31 applied (with modifications) (24.3.1994) by 1994 c. ii, s. 1, Sch. Pt. II para. 10(4)

s. 31 applied (with modifications) (24.3.1994) by 1994 c. iii, s. 1, Sch. Pt. II para. 11(4)

[F15531A Requirements to take precautions against pollution.S

(1)The Secretary of State may by regulations make provision—

(a)for prohibiting a person from having custody or control of any poisonous, noxious or polluting matter unless prescribed works and prescribed precautions and other steps have been carried out or taken for the purpose of preventing the matter from entering controlled waters;

(b)for requiring a person who already has custody or control of, or makes use of, any such matter to carry out such works for that purpose and to take such precautions and other steps for that purpose as may be prescribed.

(2)Without prejudice to the generality of the power conferred by subsection (1) above, regulations under that subsection may—

(a)confer power on [F156SEPA]]

(i)to determine for the purposes of the regulations the circumstances in which a person is required to carry out works or take any precautions or other steps; and

(ii)by notice to that person, to impose the requirement and to specify or describe the works, precautions or other steps which that person is required to carry out or take;

(b)provide for appeals to the Secretary of State against notices served by [F156SEPA] in pursuance of provision made by virtue of paragraph (a) above; and

(c)provide that a contravention of the regulations shall be an offence the penalty for which shall be—

(i)on summary conviction, imprisonment for a term not exceeding three months or to a fine not exceeding [F157£20,000] or to both;

(ii)on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine or both.

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Amendments (Textual)

Modifications etc. (not altering text)

C53S. 31A extended (2.12.1991) by S.I. 1991/2539, reg. 3, Sch.

S. 31A amended (27.8.1993) by 1993 c. 12, ss. 40, 51(3), Sch. 3 Pt. II para. 16 (with ss. 42, 46)

C54S. 31A(2)(b): power to delegate functions conferred (1.4.1996) by 1995 c. 25, s. 114(2)(a)(i) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

[F15831B Nitrate sensitive areas.S

(1)Where the Secretary of State considers that it is appropriate to do so with a view to achieving the following purpose, that is to say, preventing or controlling the entry of nitrate into controlled waters as a result of, or of anything done in connection with, the use of any land for agricultural purposes, he may by order designate that land, together with any other land to which he considers it appropriate to apply the designation, as a nitrate sensitive area.

(2)Where any area has been designated as a nitrate sensitive area by an order under this section and the Secretary of State considers that it is appropriate to do so with a view to achieving the purpose mentioned in subsection (1) above, he may, subject to such restrictions (if any) as may be set out in the order, enter into an agreement under which, in consideration of payments to be made by him—

(a)[F159the absolute owner (within the meaning of section 93 of the Agricultural Holdings (Scotland) Act 1949)] of any agricultural land in that area; or

(b)where any such owner has given his written consent to the agreement being entered into by any person having another interest in that land, that other person,

accepts such obligations with respect to the management of that land or otherwise as may be imposed by the agreement.

(3)Where it appears to the Secretary of State in relation to any area which is, or is to be, designated by an order under this section as a nitrate sensitive area that it is appropriate for provision for the imposition of requirements, prohibitions or restrictions to be contained in an order under this section (as well as for him to be able to enter into such agreements as are mentioned in subsection (2) above), he may, by a subsequent order under this section or, as the case may be, by the order designating that area—

(a)with a view to achieving the purpose mentioned in subsection (1) above, require, prohibit or restrict the carrying on on or in relation to any agricultural land in that area of such activities as may be specified or described in the order; and

(b)provide for such amounts (if any) as may be specified in or determined under the order to be paid by the Secretary of State, to such persons as may be so specified or determined, in respect of the obligations imposed in relation to that area on those persons by virtue of paragraph (a) above.

(4)Without prejudice to the generality of subsection (3) above, provision contained in anorder under this section by virtue of that subsection may—

(a)confer power upon the Secretary of State to determine for the purposes of the order the circumstances in which the carrying on of any activities is required, prohibited or restricted and to determine the activities to which any such requirement, prohibition or restriction applies;

(b)provide for any requirement to carry on any activity not to apply in cases where the Secretary of State has consented to a failure to carry on that activity and any conditions on which the consent has been given are complied with;

(c)apply a prohibition or restriction in respect of any activities to cases where the activities are carried on without the consent of the Secretary of State or in contravention of any conditions subject to which any such consent is given;

(d)provide that a contravention of a requirement, prohibition or restriction contained in the order or in a condition of a consent given in relation to or for the purposes of any such requirement, prohibition or restriction shall be an offence the maximum penalties for which shall not exceed the maximum penalties specified in [F160subsection (6) of section 30F above]];

(e)provide for amounts paid in pursuance of any provision contained in the order to be repaid at such times and in such circumstances and with such interest as may be specified in or determined under the order;

(f)provide (subject to any regulations under subsection (6) below) for anything falling to be determined under the order by any person to be determined in accordance with such procedure and by reference to such matters and to the opinion of such persons as may be specified in the order.

(5)The Secretary of State shall not make an order under this section except in accordance with any applicable provisions of Schedule 1A to this Act.

(6)The Secretary of State may, for the purposes of any orders under this section which require his consent to the carrying on of any activities or to any failure to carry on any activity, by regulations make provision with respect to—

(a)applications for any such consent;

(b)the conditions of any such consent;

(c)the revocation or variation of any such consent;

(d)the reference to arbitration of disputes about determinations on any such application;

(e)the imposition of charges where such an application has been made, such a consent has been given or there has been any act or omission in pursuance of any such consent; and

(f)the registration of any such application or consent.

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Amendments (Textual)

F159S. 31B: by Agricultural Holdings (Scotland) Act 1991 (c. 55), ss. 88(1), 89(2), Sch. 11 para. 39 (with s. 45(3)), it is provided that in s. 31(B)(2)(a), for the words "an absolute owner (within the meaning of section 93 of the Agricultural Holdings (Scotland) Act 1949)" there shall be substituted (25.9.1991) "the owner of the dominium utile".

F160Words in s. 31B(4)(d) substituted (1.4.1996) by 1995 c. 25, s. 106, Sch. 16 para. 5 (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

[F16131C Registering of agreement.S

(1)An agreement under subsection (2) of section 31B above may—

(a)where the land is registered in the Land Register of Scotland, be registered in that register;

(b)in any other case, be recorded in the appropriate Division of the General Register of Sasines.

(2)An agreement registered or recorded under subsection (1) above shall be enforceable at the instance of the Secretary of State against persons deriving title to the land (including any person acquiring right to a tenancy by assignation or succession) from the person who entered into the agreement; provided that such an agreement shall not be enforceable against a third party who shall have in good faith and for value acquired right (whether completed by infeftment or not) to the land prior to the agreement being registered or recorded as aforesaid, or against any person deriving title from such third party.

(3)Notwithstanding the terms of any agreement registered orrecorded under subsection (1) above, the parties to the agreement or any persons deriving title from them may at any time agree to terminate it; and such an agreement to terminate it shall be registered or recorded in the same manner as was the original agreement.]

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Amendments (Textual)

F16231D. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

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Amendments (Textual)

F16332. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

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Amendments (Textual)

[F16433 Control of sanitary appliances on vessels.S
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Amendments (Textual)

(1)[F165SEPA]] may by byelaws make such provision asit considers appropriate for prohibiting or regulating the keeping or use, on any controlled waters F166. . . [F167 , of vessels of a kind specified in the byelaws which are provided with sanitary appliances; and a person who contravenes any byelaw made by virtue of this section shall be guilty of an offence.

(2)The Secretary of State may by order provide that any byelaws specified in the order which were made by virtue of section 25(1)(c) of the Rivers (Prevention of Pollution) (Scotland) Act 1951 (byelaws) shall have effect, with such modifications (if any) as are so specified, as if made by virtue of the preceding subsection.

(3)In this section “sanitary appliance” means a water closet or other prescribed appliance (except a sink, bath and a shower-bath) which is designed to permit polluting matter to pass into the water on which the vessel in question is for the time being situated.

(4)A person guilty of an offence by virtue of any of the preceding provisions of this section shall be liable on summary conviction to a fine of an amount not exceeding level 4 on the standard scale or such smaller sum as may be specified in the byelaws.]

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Amendments (Textual)

F165Words in s. 33(1) substituted (S.) (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 29(1)(2) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

F167Word in s. 33(1) substituted (S.) (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 29(8)(a) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

Consents for dischargesS

[F16834 Consents for discharges of trade and sewage effluent etc. S
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Modifications etc. (not altering text)

C55Ss. 34, 35 extended by S.I. 1984/863, reg. 3, Sch. 1

(1)An application to [F169SEPA]] for consent in pursuance of this section for discharges of any effluent or other matter shall be accompanied or supplemented by all such information as [F170SEPA] may reasonably require; and [F170SEPA] may if it thinks fit treat an application for consent for discharges at two or more places as separate applications for consent for discharges at each of those places.

(2)Subject to the following section, it shall be the duty of [F171SEPA, in relation to an application for consent] made in pursuance of this section—

(a)to give the consent either unconditionally or subject to conditions or to refuse it; and

(b)not to withhold the consent unreasonably;

and if within the period of [F171four] months beginning with the date when an application for consent is received by [F170SEPA], or within such longer period as may at any time be agreed upon in writing between [F170SEPA] and the applicant, [F170SEPA] has neither given nor refused the consent nor informed the applicant that the application has been transmitted to the Secretary of State in pursuance of the following section, [F171the applicant may treat the consent applied for as having been refused].

(3)If it appears to [F170SEPA] that a person has, without [F170SEPA] consent, caused or permitted matter to be discharged. . . F172 in contravention of [F173section 30F(2) to (4)] of this Act and that a similar contravention by that person is likely, [F170SEPA] may if it thinks fit serve on him an instrument in writing giving its consent, subject to conditions specified in the instrument, for discharges of a kind so specified; but consent given in pursuance of this subsection shall not relate to any discharge which occurred before the instrument giving the consent was served on the recipient of the instrument.

(4)The conditions subject to which [F170SEPA] may give its consent in pursuance of this section shall be such reasonable conditions as [F170SEPA] thinks fit; and without prejudice to the generality of the preceding provisions of this subsection those conditions may include reasonable conditions—

(a)as to the places at which the discharges to which the consent relates may be made and as to the design and construction of any outlets for the discharges;

(b)as to the nature, origin, composition, temperature, volume and rate of the discharges and as to the period during which the discharges may be made;

(c)as to the provision of facilities for taking samples of the matter discharged and in particular as to the provision, maintenance and use of manholes, inspection chambers, observation wells and boreholes in connection with the discharges;

(d)as to the provision, maintenance and testing of meters for measuring the volume and rate of the discharges and apparatus for determining the nature, composition and temperature of the discharges;

(e)as to the keeping of records of the nature, origin, composition, temperature, volume and rate of the discharges and in particular of records of readings of meters and other recording apparatus provided in accordance with any other condition attached to the consent;

(f)as to the making of returns and the giving of other information to [F170SEPA] about the nature, origin, composition, temperature, volume and rate of the discharges; and

(g)as to the steps to be taken, in relation to the discharges or by way of subjecting any substance likely to affect the description of matter discharged to treatment or any other process, for minimising the polluting effects of the discharges on any controlled waters;

and it is hereby declared that consent may be given in pursuance of this section subject to different conditions in respect of different periods.

[F174(5)A person who, in an application for consent in pursuance of this section, makes any statement which he knows to be false or misleading in a material particular or recklessly makes any statement which is false or misleading in a material particular shall be guilty of an offence and shall be liable—

(a)on summary conviction, to a fine not exceeding the statutory maximum;

(b)on conviction on indictment, to a fine or to imprisonment for a term not exceeding two years, or to both.]

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Amendments (Textual)

F169Words in s. 34 substituted (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 29(2) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

F170Words in s. 34 substituted (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 29(9)(a) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

F173Words in s. 34(3) substituted (1.4.1996) by 1995 c. 25, s. 106, Sch. 16 para. 6 (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

Modifications etc. (not altering text)

C55Ss. 34, 35 extended by S.I. 1984/863, reg. 3, Sch. 1

C56S. 34 extended (2.12.1991) by S.I. 1991/2539, reg. 3, Sch.

S. 34 amended (27.8.1993) by 1993 c. 12, ss. 40, 51(3), Sch. 3 Pt. II para. 16 (with ss. 42, 46)

[F17535 Reference to Secretary of State of certain applications for consent. S
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Modifications etc. (not altering text)

C57Ss. 34, 35 extended by S.I. 1984/863, reg. 3, Sch. 1

(1)The Secretary of State may, either in consequence of representations made to him or otherwise, direct [F176SEPA]] to transmit to him for determination applications for consent in pursuance of the preceding section which are specified in the direction or are of a kind so specified, and it shall be the duty of [F177SEPA] to comply with the direction and to inform each relevant applicant that his application has been transmitted to the Secretary of State.

(2)Before determining an application transmitted to him by [F176SEPA] in pursuance of this section the Secretary of State may if he thinks fit, and shall if a request to be heard with respect to the application is made to him in accordance with regulations by the applicant or [F177SEPA], cause a local inquiry to be held in pursuance of section 96 of this Act into the application or afford to the applicant and [F177SEPA] an opportunity of appearing before and being heard by a person appointed by the Secretary of State for the purpose.

(3)Where in pursuance of the preceding subsection the Secretary of State affords to an applicant and an opportunity of appearing before and being heard by a person with respect to the application in question, it shall be the duty of the Secretary of State to afford an opportunity of appearing before and being heard by that person to any person who, in pursuance of subsection (1)(c) or (5) of the following section, has made representations relating to the application.

(4)It shall be the duty of the Secretary of State to determine an application transmitted to him by [F176SEPA]in pursuance of this section by directing [F177SEPA]to refuse its consent in pursuance of the preceding section in consequence of the application or to give the consent either unconditionally or subject to such conditions as are specified in the direction, and it shall be the duty of [F177SEPA] to comply with the direction.

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Amendments (Textual)

F175Ss. 31, 32 and 34-42 repealed (E.W.) by Water Act 1989 (c. 15, SIF 130), ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 189(4)-(10), 190, 193(1), Sch. 26 paras. 3(1)(2), 17, 40(4), 41(1), 57(6), 58, Sch. 27 Pt. I and for ss. 31-32 and ss. 34-42 there is substituted (S.) ss. 30A-32 and 34-42 by Water Act 1989 (c. 15, SIF 130), ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 168, 189(4)--(10), 190, 193(1), 194(4), Sch. 23 para. 4, Sch. 26 paras. 3(1)(2), 17, 40(4), 41(1), 57(6), 58

F176Words in s. 35 substituted (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 29(2) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

F177Words in s. 35 substituted (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 29(10) (with ss. 115, 117); S.I. 1996/186, art. 3

Modifications etc. (not altering text)

C57Ss. 34, 35 extended by S.I. 1984/863, reg. 3, Sch. 1

C58S. 35 extended (2.12.1991) by S.I. 1991/2539, reg. 3, Sch.

S. 35 amended (27.8.1993) by 1993 c. 12, ss. 40, 51(3), Sch. 3 Pt. II para. 16 (with ss. 42, 46)

[F17836 Provisions supplementary to ss. 34 and 35. S
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Modifications etc. (not altering text)

C59S. 36 extended by S.I. 1984/863, reg. 3, Sch. 1

(1)Where [F179SEPA]] receives an application for consent in pursuance of section 34 of this Act or serves an instrument in pursuance of subsection (3) of that section, it shall [F180, subject to subsections (2A) and (2B) below,] be the duty of [F181SEPA], before deciding whether to give or refuse consent in pursuance of the application or, as the case may be, after serving the instrument—

(a)to publish in the prescribed form notice of the application or instrument in two successive weeks in a newspaper or newspapers circulating in—

(i)the area or areas in which the places are situated at which it is proposed in the application that the discharges should be made or, as the case may be, at which discharges are the subject of consent given by the instrument, and

(ii)the area or areas appearing to [F181SEPA] to be in the vicinity of any controlled waters which [F181SEPA] considers likely to be affected by the discharges,

and, not earlier than the day following that on which the first publication of the notice is completed in all relevant areas in pursuance of the preceding provisions of this paragraph, to publish such a notice in the Edinburgh Gazette;

(b)to send copies of the application or instrument to each local authority in whose area [F182, and to each water authority within whose limits of supply,]it is proposed in the application that a discharge should be made or in whose area [F182, or within whose limits of supply,]a discharge is the subject of consent given by the instrument and, in the case of an application or instrument relating to coastal waters, relevant territorial waters or an application relating to waters outside the seaward limits of relevant territorial waters, to the Secretary of State; and

(c)to consider any written representations relating to the application or instrument which are made to [F181SEPA] by any person within the period of six weeks beginning with the date on which the notice of the application or instrument is published in the Edinburgh Gazette.

(2)For the purposes of subsection (1) above, “local authority” means a [F183council constituted under section 2 of the Local Government etc. (Scotland) Act 1994], and any place at sea at which it is proposed in an application that a discharge should be made shall be treated as situated at the point on land nearest to that place.

[F184(2A)A person who proposes to make, or has made, an application to SEPA for consent in pursuance of section 34 of this Act may apply to the Secretary of State within a prescribed period for a certificate providing that subsection (1) above shall not apply to that application.

(2B)If the Secretary of State is satisfied that—

(a)it would be contrary to the interests of national security; or

(b)it would prejudice to an unreasonable degree the commercial interests of any person, not to issue a certificate applied for under subsection (2A) above, he may issue the certificate and, if he does so, subsection (1) above shall not apply to the application specified in the certificate.]

(3)Where notice of an application is published by [F179SEPA] in pursuance of subsection (1)(a) of this section, [F181SEPA] shall be entitled to recover the cost of publication from the applicant.

(4)[F179SEPA] shall be entitled to disregard the provisions of subsection (1) of this section in relation to an application (except so much of paragraph (b) of that subsection as requires copies of the application to be sent to the Secretary of State) if [SEPA] proposes to give consent in pursuance of the application and considers that the discharges in question will have no appreciable effect on the water into which they are proposed to be made.

(5)The preceding provisions of this section shall have effect with prescribed modifications in relation to an application which is the subject of a direction in pursuance of subsection (1) of the preceding section.

(6)Where [F179SEPA]proposes to give consent in pursuance of section 34 of this Act in consequence of an application in respect of which representations have been made in pursuance of subsection (1)(c) of this section then—

(a)it shall be the duty of [F181SEPA] to serve notice of the proposal on the person who made the representations and to include in the notice a statement of the effect of the following paragraph; and

(b)that person may, within the period of twenty-one days beginning with the day on which the notice of the proposal is served on him, request the Secretary of State in accordance with regulations to give a direction in pursuance of subsection (1) of the preceding section in respect of the application; and

(c)it shall be the duty of [F181SEPA] not to give consent in consequence of the application before the expiration of that period and, if within that period the said person makes a request in pursuance of the preceding paragraph and serves notice of the request on [F181SEPA], not to give consent in pursuance of the application unless the Secretary of State has given notice to [F181SEPA] that he declines to comply with the request;

and in calculating in the case of any application the period of [F185four] months mentioned in section 34(2) of this Act or a longer period there mentioned there shall be disregarded any period during which to which the application was made is prohibited by virtue of paragraph (c) of this subsection from giving consent in consequence of the application.

(7)A consent for any discharges which is given in pursuance of section 34 of this Act is not limited to discharges by a particular person and accordingly extends to the discharges in question which are made by any person.

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Amendments (Textual)

F181Words in s. 36 subatituted (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 29(10) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

Modifications etc. (not altering text)

C59S. 36 extended by S.I. 1984/863, reg. 3, Sch. 1

C60S. 36: certain functions made exercisable by the Scottish Ministers concurrently with the Minister (1.7.1999) by S.I. 1999/1750, arts. 1(1), 3, Sch. 2 (with art. 7)

C61S. 36 extended (2.12.1991) by S.I. 1991/2539, reg. 3, Sch.

S. 36 amended (27.8.1993) by 1993 c. 12, ss. 40, 51(3), Sch. 3 Pt. II para. 16 (with ss. 42, 46)

[F18637 Revocation of consents and alteration and imposition of conditions. S
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Modifications etc. (not altering text)

(1)[F187SEPA may from time to time review any consent given in pursuance of section 34 of this Act]] and the conditions, if any, to which the consent is subject; and subject to the following section [F188SEPA] may, by a notice served on the person making a discharge in pursuance of the consent, revoke the consent if it is reasonable to do so or make reasonable modifications of the said conditions, or, in the case of an unconditional consent, provide that it shall be subject to reasonable conditions specified in the notice.

(2)Subject to the following section, the Secretary of State may—

(a)for the purpose of enabling Her Majesty’s Government in the United Kingdom to give effect to any Community obligation or to any international agreement to which the United Kingdom is for the time being a party;

(b)for the protection of public health or of flora and fauna dependent on an aquatic environment; or

(c)in consequence of any representations made to him or otherwise,

direct [F189SEPA] to serve a notice in pursuance of the preceding subsection containing such provisions as are specified in the direction and it shall be the duty of [F188SEPA] to comply with the direction; and if [F188SEPA] fails to serve the notice within such period as the Secretary of State may allow he may serve the notice on behalf of [F188SEPA], and it is hereby declared that for the purposes of this Part of the Act a notice served on behalf of [F188SEPA] by virtue of this subsection is served by [F188SEPA].

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Amendments (Textual)

F186Ss. 31, 32 and 34-42 repealed (E.W.) by Water Act 1989 (c. 15, SIF 130), ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 189(4)-(10), 190, 193(1), Sch. 26 paras. 3(1)(2), 17, 40(4), 41(1), 57(6), 58, Sch. 27 Pt. I and for ss. 31-32 and ss. 34-42 there is substituted (S.) ss. 30A-32 and 34-42 by Water Act 1989 (c. 15, SIF 130), ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 168, 189(4)--(10), 190, 193(1), 194(4), Sch. 23 para. 4, Sch. 26 paras. 3(1)(2), 17, 40(4), 41(1), 57(6), 58

F187Words in s. 37(1) substituted (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 29(12) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

F188Words in s. 37 substituted (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 29(10) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

F189Words in s. 37 substituted (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 29(2) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

Modifications etc. (not altering text)

C64S. 37 extended (2.12.1991) by S.I. 1991/2539, reg. 3, Sch.

S. 37 amended (27.8.1993) by 1993 c. 12, ss. 40, 51(3), Sch. 3 Pt. II para. 16 (with ss. 42, 46)

[F19038 Restriction on variation and revocation of consent and of previous variation. S
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Modifications etc. (not altering text)

(1)Each instrument signifying the consent of [F191SEPA]] in pursuance of section 34 of this Act shall specify a period during which no notice in pursuance of subsection (1) or (2)(c) of the preceding section is to be served in respect of the consent without the written agreement of a person making a discharge in pursuance of the consent; and the said period shall be a reasonable period of not less than [F192four] years beginning with the day on which the consent takes effect.

(2)Each notice served by [F191SEPA] in pursuance of subsection (1) or (2)(c) of the preceding section (except a notice which only revokes a consent or conditions) shall specify a period during which a subsequent notice in pursuance of that subsection which alters the effect of the first-mentioned notice is not to be served without the written agreement of a person making a discharge in pursuance of the consent to which the first-mentioned notice relates; and the said period shall be a reasonable period of not less than [F192four] years beginning with the day on which the first-mentioned notice is served.

(3)[F193SEPA] shall be liable to pay compensation to any person in respect of any loss or damage sustained by that person as a result of the authority’s compliance with a direction given in relation to any consent by virtue of section 37(2)(b) of this Act if—

(a)in complying with that direction [F193SEPA] does anything which, apart from that direction, it would be precluded from doing by a restriction imposed under subsection (1) or (2) above; and

(b)the direction is not shown to have been in consequence of—

(i)a change of circumstances which could not reasonably have been foreseen at the beginning of the period to which the restriction relates; or

(ii)consideration by the Secretary of State of material information which was not reasonably available to [SEPA] at the beginning of that period;

and in this paragraph information is material, in relation to a consent, if it relates to any discharge made or to be made by virtue of the consent, to the interaction of any such discharge with any other discharge or to the combined effect of the matter discharged and any other matter.

(4)A restriction imposed under subsection (1) or (2) of this section shall not prevent the service by [SEPA] of a notice by virtue of section 37(1) or (2)(c) of this Act in respect of a consent given under section 34(3) of this Act if—

(a)the notice is served not more than three months after the beginning of the period specified in section 36(1)(c) of this Act for the making of representations with respect to the consent; and

(b)[F193SEPA] or, as the case may be, the Secretary of State considers, in consequence of any representations received by it or him within that period, that it is appropriate for the notice to be served.

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Amendments (Textual)

F190Ss. 31, 32 and 34-42 repealed (E.W.) by Water Act 1989 (c. 15, SIF 130), ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 189(4)-(10), 190, 193(1), Sch. 26 paras. 3(1)(2), 17, 40(4), 41(1), 57(6), 58, Sch. 27 Pt. I and for ss. 31-32 and ss. 34-42 there is substituted (S.) ss. 30A-32 and 34-42 by Water Act 1989 (c. 15, SIF 130), ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 168, 189(4)--(10), 190, 193(1), 194(4), Sch. 23 para. 4, Sch. 26 paras. 3(1)(2), 17, 40(4), 41(1), 57(6), 58

F192Word in s. 38(1) and (2) substituted (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 29(13) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

Modifications etc. (not altering text)

C66S. 38 extended (2.12.1991) by 1991/2539, reg. 3, Sch.

S. 38 amended (27.8.1993) by 1993 c. 12, ss. 40, 51(3), Sch. 3 Pt. II para. 16 (with ss. 42, 46)

[F19438A General review of consents.S

(1)If it appears appropriate to the Secretary of State to do so he may at any time direct SEPA to review—

(a)the consents given under section 34 of this Act; or

(b)any description of such consents,

and the conditions (if any) to which those consents are subject.

(2)A direction given by virtue of subsection (1) above—

(a)shall specify the purpose for which; and

(b)may specify the manner in which,

the review is to be conducted.

(3)After carrying out the review, SEPA shall submit to the Secretary of State its proposals (if any) for—

(a)the modification of the conditions of any consent reviewed pursuant to the direction; or

(b)in the case of any such consent which is unconditional, subjecting the consent to conditions.

(4)Where the Secretary of State has received any proposals under subsection (3) above in relation to any consent he may, if it appears appropriate to him to do so, direct SEPA, in relation to that consent—

(a)to make modifications of the conditions of the consent; or

(b)in the case of an unconditional consent, to subject the consent to conditions.

(5)A direction given by virtue of subsection (4) above may direct SEPA to do, in relation to any such consent, only—

(a)any such thing as SEPA has proposed should be done in relation to that consent; or

(b)any such thing with such modifications as appear to the Secretary of State to be appropriate.]

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Amendments (Textual)

[F19539 Appeals to the Secretary of State. S
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Modifications etc. (not altering text)

(1)Any questions as to whether—

(a)[F196SEPA]] has unreasonably withheld its consent in pursuance of [F197section 30J(4)] or 34 of this Act or regulations made by virtue of section 31(4) of this Act or has given its consent in pursuance of the said section 34 or such regulations subject to conditions which are unreasonable; or

(b)a notice served in pursuance of section 37(1) of this Act contains terms (other than a term required by subsection (2) of [F198section 38 of this Act]) which are unreasonable; or

(c)the period specified in any instrument or notice in pursuance of subsection (1) or (2) of [F198section 38 of this Act] is unreasonable,

shall be determined for the purposes of this Part of this Act by the Secretary of State; but no question relating to a determination of the Secretary of State in pursuance of section 35(4) of this Act shall be referred to him in pursuance of this subsection and any such determination shall be final.

(2)Provision may be made by regulations as to the manner in which and the time within which a question may be referred or a request may be made in pursuance of the preceding provisions of this section and as to the procedure for dealing with such a reference or request.

(3)In any case where—

(a)a question as to whether [F196SEPA] has unreasonably withheld its consent in pursuance of section 34 of this Act, or has given its consent in pursuance of that section subject to conditions which are unreasonable, is referred to the Secretary of State in pursuance of this section; and

(b)representations relating to the application for the consent in question were made to [F199SEPA] in pursuance of section 36(1)(c) of this Act,

it shall be the duty of the Secretary of State, before he determines the question, to secure that [F199SEPA] has served notice of the reference on the persons who made the representations and to take account of any further written representations relating to the application which are received by him from those persons within a prescribed period.

(4)Where a question is referred to the Secretary of State in pursuance of subsection (1) of this section and he determines that the consent in question was unreasonably withheld or that the conditions or terms or period in question are or is unreasonable, he shall give to [F199SEPA] such a direction as he thinks fit with regard to the consent, conditions, terms or period and it shall be the duty of [F199SEPA] to comply with the direction.

(5)The withholding by [F196SEPA] of such a consent as is mentioned in subsection (1) of this section, the conditions subject to which such a consent is given and such [F200period as is] so mentioned shall be treated as reasonable for the purposes of this Part of this Act until the contrary is determined in pursuance of subsection (1) of this section except that where a question as to the reasonableness of the conditions of a consent given in pursuance of regulations made by virtue of section 31(4) of this Act is referred to the Secretary of State in pursuance of this section the consent shall be treated for those purposes as unconditional while the reference is pending.

[F201(5A)Subject to subsection (5B) below, where a question is referred to the Secretary of State in pursuance of subsection (1)(b) above, the revocation of the consent or, as the case may be, the modification of the conditions of the consent or the provision that the consent (having been unconditional) shall be subject to conditions, shall not take effect while the reference is pending.

(5B)Subsection (5A) above shall not apply to a reference where the notice effecting the revocation, modification or provision in question includes a statement that in the opinion of SEPA it is necessary for the purpose of preventing or, where that is not practicable, minimising—

(a)the entry into controlled waters of any poisonous, noxious or polluting matter or any solid waste matter, or

(b)harm to human health,

that that subsection should not apply.

(5C)Where the reference falls within subsection (5B) above, if, on the application of the holder or former holder of the consent, the Secretary of State (or other person determining the question referred) determines that SEPA acted unreasonably in excluding the application of subsection (5A) above, then—

(a)if the reference is still pending at the end of the day on which that determination is made, subsection (5A) above shall apply to the reference from the end of that day; and

(b)the holder or former holder of the consent shall be entitled to recover compensation from SEPA in respect of any loss suffered by him in consequence of the exclusion of the application of that subsection;

and any dispute as to a person’s entitlement to such compensation or as to the amount of it shall be determined by a single arbiter appointed, in default of agreement between the parties concerned, by the Secretary of State on the application of any of the parties.]

(6)At any stage of the proceedings on a reference to the Secretary of State in pursuance of this section he may, and shall if so directed by the Court of Session, state in the form of a special case for the decision of the court any question of law arising in those proceedings.

[F202(7)This section is subject to section 114 of the Environment Act 1995 (delegation or reference of appeals).

(8)In this section “the holder”, in relation to a consent, is the person who has the consent.]

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Amendments (Textual)

F195Ss. 31, 32 and 34-42 repealed (E.W.) by Water Act 1989 (c. 15, SIF 130), ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 189(4)-(10), 190, 193(1), Sch. 26 paras. 3(1)(2), 17, 40(4), 41(1), 57(6), 58, Sch. 27 Pt. I and for ss. 31-32 and ss. 34-42 there is substituted (S.) ss. 30A-32 and 34-42 by Water Act 1989 (c. 15, SIF 130), ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 168, 189(4)--(10), 190, 193(1), 194(4), Sch. 23 para. 4, Sch. 26 paras. 3(1)(2), 17, 40(4), 41(1), 57(6), 58

F197Words in s. 39(1)(a) substituted (1.4.1996) by 1995 c. 25, s. 106, Sch. 16 para. 7 (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

Modifications etc. (not altering text)

C68S. 39 extended (2.12.1991) by S.I. 1991/2539, reg. 3, Sch.

S. 39 amended (27.8.1993) by 1993 c. 12, ss. 40, 51(3), Sch. 3 Pt. II para. 16 (with ss. 42, 46)

C69S. 39(1): power to delegate functions conferred (1.4.1996) by 1995 c. 25, s. 114(2)(b)(3)(b) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

C70S. 39(5A)-(5C) applied (1.4.1996) by S.I. 1996/973, reg. 3

[F20340 Transitional provisions relating to consent. S
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Modifications etc. (not altering text)

(1)Regulations may provide—

(a)for any consent for discharges which was given in pursuance of the Rivers (Prevention of Pollution) (Scotland) Acts 1951 and 1965 to have effect for any of the purposes of this Part of this Act as if given in pursuance of prescribed provisions of section 34 of this Act; and

(b)for any conditions to which such a consent was subject in pursuance of any of those enactments to have effect for any of those purposes as if attached to the consent in pursuance of prescribed provisions of this Part of this Act.

(2)Regulations may provide for the terms of a consent for an outlet which was given in pursuance of the Rivers (Prevention of Pollution) (Scotland) Act 1951 and for conditions to which such a consent was subject in pursuance of that Act or which were imposed with respect to the outlet in pursuance of section 28(4) of that Act—

(a)to have effect, with or without modifications, for any of the purposes of this Part of this Act as if the terms or conditions were conditions attached to a consent given in pursuance of section 34 of this Act for discharges from the outlet; or

(b)to be treated, with or without modifications, for any of those purposes in such other manner as may be prescribed.

(3)An application for such a consent as is mentioned in subsection (1) of this section which is pending immediately before the relevant day shall be treated on and after that day as an application for consent in pursuance of section 34 of this Act which was made on the day on which it was actually made.

F204(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)Regulations may provide for any appeal which immediately before the relevant day is pending in pursuance of the Rivers (Prevention of Pollution) (Scotland) Acts 1951 and 1965 to be treated on and after that day as an appeal in pursuance of prescribed provisions of this Part of this Act.

(6)In this section “the relevant day” means 31st January 1985.]

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Amendments (Textual)

Modifications etc. (not altering text)

C72S. 40 extended (2.12.1991) by S.I. 1991/2539, reg. 3, Sch.

S. 40 amended (27.8.1993) by 1993 c. 12, ss. 40, 51(3), Sch. 3 Pt. II para. 16 (with ss. 42, 46)

Ancillary provisions relating to control of dischargesS

[F20541 Registers. S
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Modifications etc. (not altering text)

(1)It shall be the duty of [F206SEPA]]to maintain in accordance with regulations, registers containing prescribed particulars of [F207or relating to]

(a)any notices of water quality objectives or other notices served under section 30C above;

(b)application for consents—

(i)made to [F208SEPA] in pursuance of this Part of this Act;

(ii)sent to the Secretary of State in pursuance of section 34 of this Act (as modified by regulations made under section 55 of this Act);

(c)consents given in pursuance of any provision of this Part of this Act F209 . and the conditions to which the consents are subject;

(d)samples—

(i)of effluent taken by [F208SEPA] in pursuance of section 19 of the Rivers (Prevention of Pollution) (Scotland) Act M381951;

F210(ii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(iii)of water taken by [F208SEPA];

and information produced by analyses of the samples and the steps taken in consequence of the information;

F211(e). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F212(f)enforcement notices served under section 49A of this Act;

(g)directions given by the Secretary of State in relation to SEPA’s functions under this Part of this Act;

(h)convictions, for offences under this Part of this Act, of persons who have the benefit of consents under section 34 of this Act;

(j)information obtained or furnished in pursuance of conditions of such consents;

(k)works notices under section 46A of this Act;

(l)appeals under section 46C of this Act;

(m)convictions for offences under section 46D of this Act; and

(n)such other matters relating to the quality of water as may be prescribed.]

(2)It shall be the duty of [F206SEPA]

(a)to secure that registers maintained by [F208SEPA] in pursuance of the preceding subsection are, after such date as is prescribed with respect to the registers, open to inspection by the public free of charge at all reasonable hours; and

(b)to afford members of the public reasonable facilities for obtaining from [F208SEPA], on payment of reasonable charges, copies of entries in the register.[F213 and, for the purposes of this subsection, places may be prescribed at which any such registers or facilities as are mentioned in paragraph (a) or (b) above are to be available or afforded to the public in pursuance of the paragraph in question.]

[F214(3)The Secretary of State may give SEPA directions requiring the removal from any register maintained by it under this section of any specified information which is not prescribed for inclusion under subsection (1) of this section or which, by virtue of section 42A or 42B of this Act, ought to have been excluded from the registers.]

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Amendments (Textual)

Modifications etc. (not altering text)

C74S. 41 modified by S.I. 1985/813, reg. 3(2)

C75S. 41 extended (2.12.1991) by S.I. 1991/2539, reg. 3, Sch.

S. 41 amended (27.8.1993) by 1993 c. 12, ss. 40, 51(3), Sch. 3 Pt. II para. 16 (with ss. 42, 46)

Marginal Citations

M381951 c.66(46:4).

[F21542A Exclusion from registers of information affecting national security.S

(1)No information shall be included in a register kept or maintained by SEPA under section 41 of this Act if and so long as, in the opinion of the Secretary of State, the inclusion in such a register of that information, or information of that description, would be contrary to the interests of national security.

(2)The Secretary of State may, for the purposes of securing the exclusion from registers of information to which subsection (1) of this section applies, give SEPA directions—

(a)specifying information, or descriptions of information, to be excluded from their registers; or

(b)specifying descriptions of information to be referred to the Secretary of State for his determination;

and no information to be referred to the Secretary of State in pursuance of paragraph (b) of this subsection shall be included in any such register until the Secretary of State determines that it should be so included.

(3)SEPA shall notify the Secretary of State of any information it excludes from a register in pursuance of directions under subsection (2) of this section.

(4)A person may, as respects any information which appears to him to be information to which subsection (1) of this section may apply, give a notice to the Secretary of State specifying the information and indicating its apparent nature; and, if he does so—

(a)he shall notify SEPA that he has done so; and

(b)no information so notified to the Secretary of State shall be included in any such register until the Secretary of State has determined that it should be so included.]

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Amendments (Textual)

F215Ss. 42A and 42B substituted (1.4.1996) for s. 42 by 1995 c. 25, s. 120(1), Sch. 22 para. 29(20) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

Modifications etc. (not altering text)

C76s. 42A applied (with modifications) (1.4.1999) by S.I. 1998/2746, reg. 14(3)

C77S. 42A: certain functions made exercisable by the Scottish Ministers concurrently with the Minister (1.7.1999) by S.I. 1999/1750, arts. 1(1), 3, Sch. 2 (with art. 7)

[F21642B Exclusion from registers of certain confidential information.S

(1)No information relating to the affairs of any individual or business shall, without the consent of that individual or the person for the time being carrying on that business, be included in a register kept or maintained by SEPA under section 41 of this Act, if and so long as the information—

(a)is, in relation to him, commercially confidential; and

(b)is not required to be included in the register in pursuance of directions under subsection (7) of this section;

but information is not commercially confidential for the purposes of this section unless it is determined under this section to be so by SEPA, or, on appeal, by the Secretary of State.

(2)Where information is furnished to SEPA for the purpose of—

(a)an application for a consent under section 34 of this Act;

(b)complying with any condition of such a consent; or

(c)complying with a notice under section 93 of this Act,

then, if the person furnishing it applies to SEPA to have the information excluded from any register kept or maintained by SEPA under section 41 of this Act, on the ground that it is commercially confidential (as regards himself or another person), SEPA shall determine whether the information is or is not commercially confidential.

(3)A determination under subsection (2) of this section must be made within the period of fourteen days beginning with the date of the application and if SEPA fails to make a determination within that period it shall be treated as having determined that the information is commercially confidential.

(4)Where it appears to SEPA that any information (other than information furnished in circumstances within subsection (2) of this section) which has been obtained by SEPA under or by virtue of any provision of any enactment might be commercially confidential, SEPA shall—

(a)give to the person to whom or whose business it relates notice that that information is required to be included in a register kept or maintained by SEPA under section 41 of this Act, unless excluded under this section; and

(b)give him a reasonable opportunity—

(i)of objecting to the inclusion of the information on the ground that it is commercially confidential; and

(ii)of making representations to SEPA for the purpose of justifying any such objection;

and, if any representations are made, SEPA shall, having taken the representations into account, determine whether the information is or is not commercially confidential.

(5)Where, under subsection (2) or (4) of this section, SEPA determines that information is not commercially confidential—

(a)the information shall not be entered on the register until the end of the period of twenty-one days beginning with the date on which the determination is notified to the person concerned; and

(b)that person may appeal to the Secretary of State against the decision;

and, where an appeal is brought in respect of any information, the information shall not be entered on the register pending the final determination or withdrawal of the appeal.

(6)Subsections (2), (4) and (7) of section 49B of this Act shall apply in relation to appeals under subsection (5) of this section; but

(a)subsection (4) of that section shall have effect for the purposes of this subsection with the substitution for the words from (“which may” onwards of the words “(which must be held in private)”; and

(b)subsection (5) of this section is subject to section 114 of the Environment Act 1995 (delegation or reference of appeals etc).

(7)The Secretary of State may give SEPA directions as to specified information, or descriptions of information, which the public interest requires to be included in registers kept or maintained by SEPA under section 41 of this Act notwithstanding that the information may be commercially confidential.

(8)Information excluded from a register shall be treated as ceasing to be commercially confidential for the purposes of this section at the expiry of the period of four years beginning with the date of the determination by virtue of which it was excluded; but the person who furnished it may apply to SEPA for the information to remain excluded from the register on the ground that it is still commercially confidential and SEPA shall determine whether or not that is the case.

(9)Subsections (5) and (6) of this section shall apply in relation to a determination under subsection (8) of this section as they apply in relation to a determination under subsection (2) or (4) of this section.

(10)The Secretary of State may prescribe the substitution (whether in all cases or in such classes or descriptions of case as may be prescribed) for the period for the time being specified in subsection (3) above of such other period as he considers appropriate.

(11)Information is, for the purposes of any determination under this section, commercially confidential, in relation to any individual or person, if its being contained in register would prejudice to an unreasonable degree the commercial interests of that individual or person.]

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Amendments (Textual)

F216Ss. 42A and 42B substituted (1.4.1996) for s. 42 by 1995 c. 25, s. 120(1), Sch. 22 para. 29(20) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

Modifications etc. (not altering text)

C78s. 42B applied (with modifications) (1.4.1999) by S.I. 1998/2746, reg. 14(3)

C79S. 42B(5): power to delegate functions conferred (1.4.1996) by 1995 c. 25, s. 114(1)(2)(a)(i) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

F21842. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Control of discharges of trade effluent into public sewersE+W

F21943. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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Amendments (Textual)

F22044. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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Amendments (Textual)

F22145. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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Amendments (Textual)

MiscellaneousS

46 Operations by [F222SEPA] to remedy or forestall pollution of water.S
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

(1)[F224Subject to subsection (1B) below,]]Where it appears to [F222SEPA] that any poisonous, noxious or polluting matter or any solid waste matter is likely to enter, or is or was present in, any controlled waters. . . F225 , [F222SEPA]may carry out. . . F225such operations as it considers appropriate—

(a)in a case where the matter appears likely to enter such waters, for the purpose of preventing it from doing so; and

(b)in a case where the matter appears to be or to have been present in such waters, for the purpose of removing or disposing of the matter or of remedying or mitigating any pollution caused by its presence in the waters or of restoring the waters (including the fauna and flora dependent on the aquatic environment of the waters), so far as it is reasonably practicable to do so, to the state in which they were immediately before the matter became present in the waters;

but nothing in this subsection empowers [F222SEPA] to impede or prevent the making of any discharge in pursuance of a consent given by [F222SEPA] by virtue of section 34 of this Act.

[F226(1A)In either case mentioned in subsection (1) of this section, SEPA shall be entitled to carry out investigations for the purpose of establishing the source of the matter and the identity of the person who has caused or knowingly permitted it to be present in controlled waters or at a place from which it was likely, in the opinion of SEPA, to enter controlled waters.

(1B)Without prejudice to the power of SEPA to carry out investigations under subsection (1A) above, the power conferred by subsection (1) above to carry out operations shall be exercisable only in a case where—

(a)SEPA considers it necessary to carry out forthwith any operations falling within paragraph (a) or (b) of subsection (1) above; or

(b)it appears to SEPA, after reasonable inquiry, that no person can be found on whom to serve a works notice under section 46A of this Act.]

(2)Where [F222SEPA] carries out any operations [F227or investigations]in pursuance of this section [F222SEPA] shall, subject to the following subsection, be entitled to recover the costs of doing so from any persons who caused or knowingly permitted the matter in question to be present at the place from which it was likely in the opinion of [F222SEPA] to enter the controlled waters or, as the case may be, to be present in the controlled waters.

(3)No such costs shall be payable by a person—

(a)in so far as he satisfies the court in which it is sought to recover the costs that the costs were incurred unnecessarily; or

(b)for any operations [F228or investigations]in respect of water from an abandoned mine [F228or an abandoned part of a mine]which that person permitted to reach such a place as is mentioned in the preceding subsection or to enter the controlled waters.

[F229(3A)Subsection (3)(b) of this section shall not apply to the owner or former operator of any mine or part of a mine if the mine or part in question became abandoned after 31st December 1999.

(3B)Subsections (5) and (6) of section 30J above shall apply in relation to subsections (3) and (3A) above as they apply in relation to subsections (3) and (4) of that section.]

(4)In determining the damage which a person has suffered in consequence of pollution in respect of which operations have been or may be carried out in pursuance of this section, account shall be taken of the extent to which it is shown that the damage has been reduced by operations in pursuance of this section and of the extent to which it is shown that the damage is likely to be so reduced.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)