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The Conservation (Natural Habitats, &c.) Regulations 1994

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Discharge consents under water pollution legislation

85.  (1)  Regulations 48 and 49 (requirement to consider effect on European site) apply in relation to the giving of consent under—

(a)Chapter II of Part III to the Water Resources Act 1991(1) (control of pollution of water resources), or

(b)Part II of the Control of Pollution Act 1974(2) (which makes corresponding provision for Scotland).

(2) Where in such a case the competent authority consider that any adverse effects of the plan or project on the integrity of a European site would be avoided by making any consent subject to conditions, they may give consent, or cause it to be given, subject to those conditions.

(3) Regulations 50 and 51 (requirement to review existing decisions and consents, &c.) apply to any such consent as is mentioned in paragraph (1).

(4) Where on the review of such a consent the competent authority consider that any adverse effects on the integrity of a European site of the carrying out or, as the case may be, the continuation of the activities authorised by it would be avoided by a variation of the consent, they may vary it, or cause it to be varied, accordingly.

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