The Control of Pollution (Discharges by the National Rivers Authority) Regulations 1989

Regulation 2

SCHEDULE 1 MODIFICATIONS OF SCHEDULE 12 TO THE ACT

Schedule 12 to the Act shall have effect in relation to discharges by the Authority subject to the following modifications –

(1) paragraph 1 shall apply as if –

(a) in sub-paragraphs (1) and (2), for the words “the Authority” (wherever they appear) there were substituted the words “the Secretary of State”;

(b) for sub-paragraph (3)(d) there were substituted the following sub-paragraph –

“(d) in the case of an application which relates to proposed discharges into coastal waters or relevant territorial waters in or adjacent to England, send a copy of the application to the Minister;”;

(c) after sub-paragraph (3)(d) there were inserted the words–

“and the notice published by virtue of paragraph (a) or (b) above shall contain the statement “representations or objections with respect to the application may be made in writing to the Secretary of State”.”;

(d) sub-paragraphs (4) to (6) were omitted; and

(e) in sub-paragraph (7) –

(i) for the words “a person who” and “that person” there were substituted the words “the Authority”;

(ii) immediately after the words in brackets there were added the word “and”;

(2) paragraph 2 shall apply as if –

(a) for sub-paragraph (1) there were substituted the following sub-paragraph –

“(1) The Secretary of State may give the consent applied for, either unconditionally or subject to conditions, or refuse it.”;

(b) sub-paragraph (2) were omitted;

(c) in sub-paragraph (3) for the words “the Authority” (in both places where they appear) there were substituted the words “the Secretary of State”; and

(d) sub-paragraph (4) were omitted;

(3) paragraph 3 shall be omitted;

(4) paragraph 4 shall apply as if –

(a) sub-paragraphs (1) to (3) were omitted;

(b) in sub-paragraph (4) –

(i) for the words from the beginning to paragraph (a) there were substituted the words

“Before determining an application the Secretary of State may, if he has received representations or objections in response to the notice which the Authority is required to publish by paragraph 1(3) and shall, if a request to be heard is made to him by the Authority within 10 weeks after the date on which a copy of the notice was published in the London Gazette in accordance with paragraph 1(3)(b), –”; and

(ii) in paragraph (b) the words “the applicant and” were omitted;

(c) sub-paragraph (5) were omitted;

(d) in sub-paragraph (6) the words “an applicant and” were omitted; and

(e) sub-paragraphs (7) to (9) were omitted;

(5) paragraph 5 shall be omitted;

(6) paragraph 6 shall apply as if –

(a) in sub-paragraph (1) –

(i) for the words “It shall be the duty of the Authority to” there were substituted the words “The Secretary of State shall”; and

(ii) for the words “under paragraphs 2 and 5 above” there were substituted the words “under paragraph 2(1) above”;

(b) in sub-paragraph (2) –

(i) for the words from the beginning to “Authority” there were substituted the words “Where the Secretary of State”;

(ii) for the word “it”, in the first place in which it appears, there were substituted the word “he”; and

(iii) for the words “person making a discharge in pursuance of the consent” there were substituted “the Authority”;

(c) sub-paragraph (3) were omitted;

(d) in sub-paragraph (4), for the words following paragraph (c) there were substituted the words “he may at any time do anything mentioned in sub-paragraph (2)(a) to (c) above.”; and

(e) sub-paragraphs (5) and (6) were omitted; and

(7) paragraphs 7 to 9 shall be omitted.