The Control of Pollution (Consents for Discharges etc.) (Secretary of State Functions) Regulations 1989

Explanatory Note

(This note is not part of the Regulations)

Chapter I of Part III of the Water Act 1989 is concerned with pollution of water. Section 113(1) and Schedule 12 provide for the making of applications and the giving of consent for discharges of effluent and other matter.

These Regulations make ancillary provision in connection with such applications and consents.

Applications for consent are generally to be made to, and determined by, the National Rivers Authority: but under paragraph 3 of Schedule 12 to the Act a person who has made representations about an application may ask the Secretary of State to direct that the application in question be referred to him for decision. Regulation 3 prescribes the manner in which such a request is to be made.

Paragraph 1 of Schedule 12 requires the Authority to give publicity to applications for consent. Regulation 4 modifies the operation of that paragraph where the Secretary of State has directed that an application be referred to him for decision. For example, the Authority is, in certain circumstances, required to publish in newspapers a notice in the form set out in the Schedule in respect of the application.

Regulation 5 is concerned with requests to the Secretary of State by an applicant or the Authority to be heard upon any application which the Secretary of State is to determine. A request to be heard must be made in writing within 28 days of the day on which the applicant is informed by the Authority that his application has been transmitted to the Secretary of State for decision.

Regulation 6 prescribes the period for applying to the Secretary of State under paragraph 1(7) of Schedule 12 for exemption from the statutory publicity requirements relating to applications and consents. An application for an exemption must be made no later than 7 days after the making of the application for consent.

Regulation 7 prescribes the procedures for appeals to the Secretary of State against decisions of the Authority. The Secretary of State may reach a conclusion on the documents put before him by the interested parties. He is, however, required to hold a local inquiry or give the appellant and the Authority the right to be heard by a person appointed by him if either party requires him not to determine the case without further investigation.