Control of Pollution Act 1974

[F1 46 Operations by river purification authorities to remedy or forestall pollution of water. S

(1) [F2 Subject to subsection (1B) below, ] Where it appears to a river purification authority 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 F3 . . . , the authority may carry out F3 . . . such 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 a river purification authority to impede or prevent the making of any discharge in pursuance of a consent given by any authority by virtue of section 34 of this Act.

[F4 (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 a river purification authority carries out any operations[F5 or investigations] in pursuance of this section the authority 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 the authority 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[F6 or investigations] in respect of water from an abandoned mine[F7 or 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.

[F8 (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.]

Textual Amendments

F1 S. 46 repealed (E.W.) by Water Act 1989 (c. 15, SIF 130), ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 163, 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 substituted (S.) by Water Act 1989 (c. 15, SIF 130), ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 163, 168, 189(4)-(10), 190, 193(1), 194(4), Sch. 23 para. 5, Sch. 26 paras. 3(1)(2), 17, 40(4), 41(1), 57(6), 58

F2 Words in s. 46(1) inserted (S.) (1.4.2003) by Environment Act 1995 (c. 25), s. 125(3), Sch. 22 para. 29(21)(a)(i) (with ss. 7(6), 115, 117); S.S.I. 2003/206, art. 2(a)

F3 Words in s. 46(1) repealed (1.4.1996) by 1995 c. 25, s. 120(1)(3), Sch. 22 para. 29(21)(a)(ii), Sch. 24 (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

F4 S. 46(1A)(1B) inserted (S.) (1.4.2003) by Environment Act 1995 (c. 25), s. 125(3), Sch. 22 para. 29(21)(b) (with ss. 7(6), 115, 117); S.S.I. 2003/206, art. 2(a)

F5 Words in s. 46(2) inserted (S.) (1.4.2003) by Environment Act 1995 (c. 25), s. 125(3), Sch. 22 para. 29(21)(c) (with ss. 7(6), 115, 117); S.S.I. 2003/206, art. 2(a)

F6 Words in s. 46(3)(b) inserted (S.) (1.4.2003) by Environment Act 1995 (c. 25), s. 125(3), Sch. 22 para. 29(21)(d)(i) (with ss. 7(6), 115, 117); S.S.I. 2003/206, art. 2(a)

F7 Words in s. 46(3)(b) inserted (S.) (1.4.2003) by Environment Act 1995 (c. 25), s. 125(3), Sch. 22 para. 29(21)(d)(ii) (with ss. 7(6), 115, 117); S.S.I. 2003/206, art. 2(a)

F8 S. 46(3A)(3B) inserted (S.) (1.4.2003) by Environment Act 1995 (c. 25), s. 125(3), Sch. 22 para. 29(21)(e) (with ss. 7(6), 115, 117); S.S.I. 2003/206, art. 2(a)

Modifications etc. (not altering text)

C1 S. 46 extended (2.12.1991) by S.I. 1991/2539, reg. 3, Sch.

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