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Control of Pollution Act 1974

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This is the original version (as it was originally enacted).

5Licences to dispose of waste

(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 and include such information as is prescribed.

(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 the Town and Country Planning Act 1971 or, in Scotland, the Town and Country Planning (Scotland) Act 1972 unless such permission is in force; but provision may be made by regulations for an application for a disposal licence to be considered while an application for any relevant planning permission is pending and for any proceedings connected with either application to be conducted concurrently with any proceedings connected with the other application.

(3)Where a disposal authority receives an application 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 the authority not to reject the application unless the authority is satisfied that its rejection is necessary for the purpose of preventing pollution of water or danger to public health.

(4)Where a disposal authority proposes to issue a disposal licence, it shall be the duty of the authority before it does so—

(a)to refer the proposal to the water authority and any collection authority of which the area includes any of the relevant land and to any other prescribed person; 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 or person mentioned in paragraph (a) of this subsection or during such longer period as the disposal authority and that body or person agree in writing, the disposal authority receives from that body or person (including in particular any representations about the conditions which that body or person considers should be specified in the licence);

and if a water authority to which the proposal is referred requests the disposal authority not to issue the licence or disagrees with the disposal authority as to the conditions to be specified in the licence either of them may refer the matter to the Secretary of State and the licence shall not be issued except in accordance with his decision.

(5)The preceding subsection shall not apply to Scotland, but in Scotland where a disposal authority (other than an islands council) proposes to issue a disposal licence, it shall be the duty of the authority before it does so—

(a)to refer the proposal to—

(i)the river purification authority whose area includes any of the relevant land,

(ii)where the disposal authority is not also a district planning authority within the meaning of section 172 of the Local Government (Scotland) Act 1973, the general planning authority within the meaning of that section whose area includes any of the relevant land, and

(iii)any other prescribed person ; 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 or person mentioned in paragraph (a) of this subsection or during such longer period as the disposal authority and that body or person agree in writing, the disposal authority receives from that body or person (including in particular any representations about the conditions which that body or person considers should be specified in the licence);

and if a river purification authority to which the proposal is referred requests the disposal authority not to issue the licence or disagrees with the disposal authority as to the conditions to be specified in the licence either of them may refer the matter to the Secretary of State and the licence shall not be issued except in accordance with his decision.

(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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