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Rivers (Prevention of Pollution) Act 1961

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This is the original version (as it was originally enacted).

10Samples of effluent

(1)In any legal proceedings it shall be presumed, until the contrary is shown, that any sample of effluent taken at an inspection chamber or manhole or other place provided in compliance with a condition imposed under this Act or section seven of the principal Act in relation to any waters is a sample of what was passing from the land or premises to those waters.

(2)A river board may agree with the occupier of any land or premises from which effluent is discharged on the point or points at which, in exercise of the river board's rights under section fifteen of the River Boards Act, 1948, or under any other enactment, samples are to be taken of the effluent passing into any waters, and in any legal proceedings it shall be presumed, until the contrary is shown, that any sample of effluent taken at a point fixed under this section is a sample of what was passing from the land or premises to those waters.

(3)An agreement under the last foregoing subsection shall have effect in relation to the land or premises notwithstanding any change of occupation, but the river board or the occupier for the time being may at any time declare that it shall cease to have effect.

(4)In default of agreement under the foregoing provisions of this section, the river board may apply to the Minister and the Minister may, after considering any representations made to him by the occupier of the land or premises and any other person who appears to the Minister to be interested, fix the point at which samples are to be taken; and the Minister may from time to time on the application of the river board or the occupier of the land or premises review and vary any decision taken by him under this subsection.

(5)Every river board shall maintain a register containing such particulars as the Minister may direct of sampling points fixed under the foregoing provisions of this section, and the register shall be open to inspection at all reasonable hours by any person appearing to the river board to be interested.

(6)In subsection (2) of the said section fifteen (which provides that the result of an analysis of a sample taken under that section shall not be admissible as evidence unless certain requirements have been complied with) references to an analysis shall include references to any test of whatever kind and " analysed " and " analyst" shall be construed accordingly.

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