Control of Pollution Act 1974

Control of entry of polluting matter and effluents into water

31 Control of pollution of rivers and coastal waters etc.

(1) Subject to subsections (2) and (3) of this section, a person shall be guilty of an offence if he causes or knowingly permits—

(a) any poisonous, noxious or polluting matter to enter any stream or controlled waters or any specified underground water (hereafter in this Part of this Act referred to collectively as " relevant waters "); or

(b) any matter to enter a stream so as to tend (either directly or in combination with other matter which he or another person causes or permits to enter the stream) to impede the proper flow of the water of the stream in a manner leading or likely to lead to a substantial aggravation of pollution due to other causes or of the consequences of such pollution ; or

(c) any solid waste matter to enter a stream or restricted waters.

(2) A person shall not be guilty of an offence by virtue of the preceding subsection if—

(a) the entry in question is authorised by, or is a consequence of an act authorised by, a disposal licence or a consent given by the Secretary of State or a water authority in pursuance of this Act and the entry or act is in accordance with the conditions, if any, to which the licence or consent is subject; or

(b) the entry in question is authorised by, or is a consequence of an act authorised by—

(i) section 34 of the [1945 c. 42.] Water Act 1945 or, in Scotland, section 50 of the [1946 c. 42.] Water (Scotland) Act 1946 (which among other things relate to temporary discharges by water undertakers and corresponding Scottish authorities in connection with the construction of works) or any prescribed enactment, or

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

(iii) any licence granted under the [1974 c. 30.] Dumping at Sea Act 1974; or

(c) the entry in question is attributable to an act or omission which is in accordance with good agricultural practice other than an act or omission which—

(i) is of a kind specified in a notice which is in force when the entry occurs and which was served in pursuance of subsection (3)(a) of section 51 of this Act on the occupier or any previous occupier of the place where the act or omission occurs, and

(ii) occurs after the expiration of the period of twenty-eight days beginning with the date entered in the register mentioned in subsection (4) of that section as the date of service of the notice; or

(d) the entry in question is caused or permitted in an emergency in order to avoid danger to the public and, as soon as reasonably practicable after the entry occurs, particulars of the entry are furnished to the water authority in whose area it occurs ; or

(e) the matter in question is trade or sewage effluent discharged as mentioned in paragraph (a) of subsection (1) of the following section or matter discharged as mentioned in paragraph (b) or (c) of that subsection and the entry in question is not from a vessel;

and a person shall not be guilty of an offence by virtue of the preceding subsection by reason only of his permitting water from an abandoned mine to enter relevant waters.

(3) A person shall not by virtue of paragraph (b) or (c) of subsection (1) of this section be guilty of an offence by reason of his depositing the solid refuse of a mine or quarry on any land so that it falls or is carried into a stream or restricted waters if—

(a) he deposits the refuse on the land with the consent (which shall not be unreasonably withheld) of the water authority in whose area the land is situated ; and

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

(c) he takes all reasonably practicable steps to prevent the refuse from entering the stream or restricted waters.

(4) Provision may be made by regulations as to the precautions to be taken, by any person having the custody or control of any poisonous, noxious or polluting matter, for the purpose of preventing the matter from entering any relevant waters; and the regulations may provide that a contravention of the regulations shall be an offence and may prescribe the maximum penalty for the offence.

(5) Where it appears to the Secretary of State that, with a view to preventing poisonous, noxious or polluting matter from entering any relevant 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 section 104(3) of this Act, he may by regulations—

(a) designate that 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 the water authority in whose area the place is situated and in accordance with any reasonable conditions to which the consent is subject; and

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

(6) A water authority may by byelaws make such provision as the authority considers appropriate for prohibiting or regulating the washing or cleaning, in any stream or controlled waters in its area, 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 £200 or such smaller sum as is specified in the byelaws.

(7) A person guilty of an offence by virtue of paragraph (a) or (b) of subsection (1) of this section shall be liable—

(a) on summary conviction, to imprisonment for a term not exceeding three months or a fine not exceeding £400 or both;

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

and a person guilty of an offence by virtue of paragraph (c) of that subsection shall be liable on summary conviction to a fine not exceeding £200.

(8) The maximum penalties prescribed in pursuance of subsections (4) and (5) of this section shall not exceed the penalties specified in paragraphs (a) and (b) of the preceding subsection and, in the case of a continuing offence punishable on summary conviction, £50 for each day on which the offence continues after conviction for the offence.

(9) In subsection (2) of this section—

• " disposal licence " has the same meaning as in Part I 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 for the purposes of paragraph (c) of that subsection any practice recommended in a code approved for the purposes of that paragraph by the Minister of Agriculture, Fisheries and Food or, in Scotland, by the Secretary of State shall, without prejudice to any evidence that any further practice is good agricultural practice, be deemed to be good agricultural practice.

32 Control of discharges of trade and sewage effluent etc into rivers and coastal waters etc.

(1) Subject to subsections (3) to (5) of this section, a person shall be guilty of an offence if he causes or knowingly permits—

(a) any trade effluent or sewage effluent to be discharged—

(i) into any relevant waters, or

(ii) from land in Great Britain through a pipe into the sea outside controlled waters, or

(iii) from a building or from plant on to or into any land or into any lake, loch or pond which does not discharge into a stream ; or

(b) any matter other than trade or sewage effluent to be discharged into relevant waters from a sewer as defined by section 343 of the [1936 c. 49.] Public Health Act 1936 or, in Scotland, by section 59(1) of the [1968 c. 47.] Sewerage (Scotland) Act 1968 or from a drain as so defined ; or

(c) any matter other than trade or sewage effluent to be discharged into relevant waters from a drain which a highway authority or other person is entitled to keep open by virtue of section 103 of the [1959 c. 25.] Highways Act 1959, or in Scotland from works which a highway authority is obliged or entitled to keep open by virtue of section 10 of the [1970 c. 20.] Roads (Scotland) Act 1970, and in respect of which the water authority in whose area the discharge occurs has, not later than the beginning of the period of three months ending with the date of the discharge, served on the highway authority or other person a notice stating that this paragraph is to apply to the drain or works,

unless the discharge is made with the consent in pursuance of section 34 of this Act of the water authority in whose area the discharge occurs (or, in a case falling within paragraph (a)(ii) of this subsection, of the water authority whose area includes the point at which the pipe passes or first passes into or under controlled waters from the sea outside them) and is in accordance with the conditions, if any, to which the consent is subject.

(2) Where any sewage effluent is discharged as mentioned in paragraph (a) of the preceding subsection from any works or sewer vested in a water authority and the authority did not cause or knowingly permit the discharge but was bound to receive into the works or sewer, either unconditionally or subject to conditions which were observed, matter included in the discharge, the authority shall be deemed for the purposes of that subsection to have caused the discharge.

(3) The Secretary of State may—

(a) by an order made before subsection (1) of this section comes into force provide that that subsection shall not, while the order is in force, apply to discharges which are of a kind or in an area specified in the order and for which, if this Act had not been passed, consent in pursuance of the Rivers (Prevention of Pollution) Acts 1951 to 1961 or the Rivers (Prevention of Pollution) (Scotland) Acts 1951 and 1965 or section 72 of the [1963 c. 38.] Water Resources Act 1963 would not have been required;

(b) by order vary or revoke any order in force by virtue of the preceding paragraph;

and an order made by virtue of this subsection may require any water authority specified in the order to publish in a manner so specified such information about the order as is so specified.

(4) Subsection (1) of this section shall not apply to any discharge which—

(a) is from a vessel; or

(b) is authorised by a licence granted under the [1974 c. 20.] Dumping at Sea Act 1974 ; or

(c) is caused or permitted in an emergency in order to avoid danger to the public if, as soon as reasonably practicable after the discharge occurs, particulars of the discharge are furnished to the water authority in whose area it occurs.

(5) A water authority shall not be guilty of an offence by . virtue of subsection (1) of this section 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 water authority if the authority was bound to receive the discharge there either unconditionally or subject to conditions which were observed.

(6) In the application of subsection (2) of this section and the preceding subsection to Scotland, for the references to a water authority there shall be substituted references to a local authority within the meaning of the [1968 c. 47.] Sewerage (Scotland) Act 1968.

(7) A person who is guilty of an offence by virtue of subsection (1) of this section shall be liable on summary conviction to imprisonment for a term not exceeding three months or a fine not exceeding £400 or both or on conviction on indictment to imprisonment for a term not exceeding two years or a fine or both.

33 Control of sanitary appliances on vessels

(1) A water authority may by byelaws make such provision as the authority considers appropriate for prohibiting or regulating the keeping or use, on a stream or restricted waters in the area of the authority, 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 5(1)(c) of the [1951 c. 64.] Rivers (Prevention of Pollution) Act 1951 (which, as extended in pursuance of section 6 of that Act, relates to the keeping on streams and other waters of vessels provided with sanitary appliances) or of section 25(1)(c) of the [1951 c. 66.] Rivers (Prevention of Pollution) (Scotland) Act 1951 (which makes corresponding provision with respect to streams in Scotland) shall have effect, with such modifications (if any) as are so specified, as if made by virtue of the preceding subsection.

(3) A person who, after the end of the year 1978, keeps or uses on a stream any vessel provided with a sanitary appliance shall, subject to subsection (8) of this section, be guilty of an offence: and at the end of that year the words " a stream or " in subsection (1) of this section shall cease to have effect.

(4) The Secretary of State and the Minister of Agriculture, Fisheries and Food acting jointly or, in relation to Scotland, the Secretary of State may, by an order made after the end of the year 1978 on the application of a water authority or harbour authority, provide that a person who keeps or uses, on any restricted waters in the area of the authority which are specified in the order, any vessel provided with a sanitary appliance shall, subject to subsection (8) of this section, be guilty of an offence; and when an order is in force by virtue of the preceding provisions of this subsection in relation to any restricted waters, then—

(a) subsection (1) of this section shall not apply in relation to the waters ; and

(b) the said Ministers acting jointly or, in relation to Scotland, the Secretary of State may, on the application of or after giving notice to the authority on whose application the order was made, by order revoke the order.

(5) The said Ministers acting jointly or, in relation to Scotland, the Secretary of State may—

(a) by order provide that so much of any stream as is specified in the order shall be disregarded for the purposes of subsection (3) of this section and treated as restricted waters for the purposes of the preceding subsection; and

(b) by order revoke or vary any order in force by virtue of the preceding paragraph.

(6) In relation to England and Wales paragraphs 1 to 6 of Schedule 8 to the [1963 c. 38.] Water Resources Act 1963 (which among other things provide for the publication of a draft of an order to authorise the execution of works, the gazetting of notices relating to the draft order, the furnishing of copies of the draft, the making of an order in the terms of the draft or in those terms with alterations and the making and consideration of objections relating to the draft or alterations) shall have effect in relation to an application for an order in pursuance of subsection (4) of this section (except subsection (4)(b)) as those paragraphs have effect in relation to an application for such an order as is mentioned in the said paragraph 1 but with the substitution—

(a) for any reference to the Secretary of State of a reference to him and the Minister of Agriculture, Fisheries and Food acting jointly;

(b) for any reference to a water authority of a reference to a harbour authority in a case where the application in question is made by a harbour authority;

(c) for any reference to the locality where the operations are to be carried out of a reference to the area of the applicant;

(d) for any reference to a period of twenty-eight or twenty five days of a reference to a period of six weeks ; and

(e) for the words from " engineering" onwards in paragraph 2(d) of the words " waters specified in the draft are situated ",

and as if paragraph 2(b) were omitted.

(7) In relation to Scotland paragraphs 1 to 6 of Part I of Schedule 1 to the [1946 c. 42.] Water (Scotland) Act 1946 (which make provision with respect to the procedure for the making of certain orders under that Act) shall have effect in relation to an application for an order in pursuance of subsection (4) of this section (except subsection (4)(b)) as those paragraphs have effect in relation to an application for an order to which the said Part I applies, but with the following modifications—

(a) for any reference to a period of twenty-eight or twenty five days there shall be substituted a reference to a period of six weeks ;

(b) in paragraph 2(i), for the words "water authority, regional council, district council and water development board for every area comprised wholly or partly in the area affected by the order " there shall be substituted the words " council of each region or district in which the waters specified in the draft order, or any part thereof, are situated, and on such other bodies or persons as the Secretary of State may direct";

(c) paragraph 2(ii) shall be omitted ;

(d) in paragraph 3, for the words " districts comprised wholly or partly in the area affected by the order " there shall be substituted the words " areas in which the waters specified in the draft order, or any part thereof, are situated ";

(e) in paragraph 6, for the words " authority or board or undertakers" there shall be substituted the words " council, body or person "

(8) At and after the end of the year 1978 it shall be the duty of each water authority to make arrangements for the fixing, at the request of a person in charge of a vessel provided with a sanitary appliance, of a seal to the vessel or appliance in such a manner that while the seal is affixed matter cannot pass from the appliance into the water on which the vessel is for the time being situated; and while a seal is affixed to a vessel or appliance in pursuance of the arrangements, the appliance to which the seal relates shall be disregarded for the purposes of subsections (3) and (4) of this section.

(9) Provision may be made by regulations for requiring a person who in prescribed circumstances hires out for payment to another person any vessel provided with a sanitary appliance to give to the other person notice in a prescribed form of prescribed provisions made by or under this section; and a person who fails to comply with a requirement imposed on him by virtue of this subsection shall be guilty of an offence.

(10) In this section—

• " harbour authority " has the meaning assigned to it by section 57(1) of the [1964 c. 40.] Harbours Act 1964; and

• " sanitary appliance " means a water closet or other prescribed appliance (except a sink, a 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; and a port health authority shall have power to make such arrangements with a water authority as are mentioned in subsection (8) of this section.

(11) 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 £200.