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Rivers (Prevention of Pollution) Act 1961

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This is the original version (as it was originally enacted).

1River board's consent for pre-1951 discharges

(1)Subject to this Act, it shall he unlawful on and after the date appointed under this section to make a discharge of trade or sewage effluent to a stream, being a discharge which is not controlled under section seven of the principal Act, without the consent under this Act of the river hoard, which consent shall not be unreasonably withheld.

(2)Subsection (1) of this section shall not apply to the discharge of water raised or drained from any underground part of a mine into a stream in the same condition in which it is raised or drained from underground:

Provided that the Minister may by order (which shall be made by statutory instrument and may be varied or revoked by a subsequent order so made by him) direct that this subsection shall not apply to discharges into any specified stream or part of a stream.

(3)An application to the river board for their consent under this Act shall state—

(a)the nature and composition of the effluent in respect of which the application is made,

(b)the maximum temperature of the effluent at the time when it is to be discharged,

(c)the maximum quantity of the effluent which it is proposed to discharge on any one day, and

(d)the highest rate at which it is proposed to discharge the effluent.

(4)On an application for consent under subsection (1) of this section the river board may grant their consent subject to such conditions as they may reasonably impose, being conditions—

(a)as to the nature and composition, temperature, volume or rate of discharge of effluent from the land or premises to which the application relates, and

(b)as to the provision of facilities for taking samples of what is passing from the land or premises to the stream, and in particular as to the provision and maintenance of inspection chambers or manholes,

and any such conditions may be framed so as to have effect for a specified period, or for a period beginning or ending with a specified date.

(5)Subject to this Act, where on or after the date appointed under this section a discharge of trade or sewage effluent, being a discharge which is not controlled under section seven of the principal Act, nor exempted under subsection (2) of this section, is made to a stream without the consent under this Act of the river board, the river board may give to the person making the discharge a notice imposing any such conditions as they might have imposed on an application for their consent for making the discharge.

(6)No conditions imposed under this section shall take effect until the expiration of a period of three months beginning with the giving of the consent, or, as the case may be, the giving of the notice under subsection (5) of this section, and if before the expiration of the said period of three months a reference is made under this Act to the Minister in respect of the unreasonableness of any terms of the consent or notice, no conditions imposed under this section shall take effect until the reference to the Minister is withdrawn or determined.

(7)A person who contravenes subsection (1) of this section shall be liable—

(a)on conviction on indictment, to a fine, or

(b)on summary conviction, to a fine not exceeding one hundred pounds.

(8)No person shall cause or knowingly permit to enter a stream from land or premises in relation to which conditions have been imposed under this Act and are for the time being in force a trade or sewage effluent not complying with those conditions, and any person who does so shall be guilty of an offence punishable under section two of the principal Act.

(9)Section three of the principal Act shall apply in relation to the last foregoing subsection as it applies in relation to subsection (1) of section two of that Act.

(10)For the purposes of this section a discharge which is not controlled under section seven of the principal Act means a discharge of effluent in relation to which a river board has no power to impose conditions of the kinds described in paragraph (b) of subsection (2) of that section, that is to say, conditions imposed as respects the making of a new discharge, as defined in that section, with or without consent.

(11)The date appointed under this section shall be such date as the Minister may by order contained in a statutory instrument appoint, being a date not less than fourteen months after the passing of this Act, but applications for consent under this section may be made before that date and where consent is granted before that date subject to conditions, those conditions may, subject to subsection (6) of this section, take effect before that date.

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