Water Resources Act 1991

2 (1) It shall be the duty of the [F1 Agency] to consider any written representations or objections with respect to an application under paragraph 1 above which are made to it in the period of six weeks beginning with the day of the publication of notice of the application in the London Gazette and are not withdrawn.

(2) On an application under paragraph 1 above the [F1 Agency] shall be under a duty, if the requirements of that paragraph are complied with, to consider whether to give the consent applied for, either unconditionally or subject to conditions, or to refuse it.

(3) Subject to sub-paragraph (4) and paragraph 3(5) below, on an application made in accordance with paragraph 1 above, the consent applied for shall be deemed to have been refused if it is not given within the period of four months beginning with the day on which the application is received or within such longer period as may be agreed in writing between the [F1 Agency] and the applicant.

(4) Where—

(a) any person, having made an application to the [F1 Agency] for a consent, has failed to comply with his obligation under paragraph 1(2) above to supplement that application with information required by the [F1 Agency]; and

(b) that requirement was made by the [F1 Agency] at such a time before the end of the period within which the [F1 Agency] is required to determine the application as gave that person a reasonable opportunity to provide the required information within that period,

the [F1 Agency] may delay its determination of the application until a reasonable time after the required information is provided.

(5) The conditions subject to which a consent may be given under this paragraph shall be such conditions as the [F1 Agency] may think fit and, in particular, may include 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 periods during which the discharges may be made;

(c) 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;

(d) 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;

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

(f) 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; and

(g) as to the making of returns and the giving of other information to the [F1 Agency] about the nature, origin, composition, temperature, volume and rate of the discharges;

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

(6) A consent for any discharges which is given under this paragraph is not limited to discharges by a particular person and, accordingly, extends to discharges which are made by any person.

Textual Amendments

F1 Words in Sch. 10 para. 2 substituted (subject to other provisions of the amending Act) (1.4.1996) by 1995 c. 25, s. 120, Sch. 22 para. 128 (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3