Modifications etc. (not altering text)
C1Pt. I (ss. 1-28) modified (1.5.1994) by S.I. 1994/1056, reg. 1(3), 19, Sch. 4 Pt. I para.8
Pt. I (ss. 1-24): functions of River Purification Authorities tranferred to SEPA (12.10.1995) by 1995 c. 25, s. 21(1)(a)(iii) (with ss. 7(6), 115, 117); S.I. 1995/2649, art. 2
Pt. I (ss. 1-24): functions of Chief Inspector for Scotland transferred to SEPA (12.10.1995) by 1995 c. 25, s. 21(1)(d) (with ss. 7(6), 115, 117); S.I. 1995/2649, art. 2
Pt. I (ss. 1-24): functions of Local Authorities transferred to SEPA (12.10.1995) by 1995 c. 25, s. 21(1)(h) (with ss. 7(6), 115, 117); S.I. 1995/2649, art. 2
Pt. I (ss. 1-28): functions of the Chief Inspector for England and Wales transferred to The Environment Agency (1.4.1996) by 1995 c. 25, s. 2(1)(d) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3
Pt. I (ss. 1-28) modified (1.2.1996) by 1995 c. 25, s. 5(5)(e) (with ss. 115, 117); S.I. 1996/186, art. 2
Pt. I (ss. 1-28) modified (1.4.1996) by 1995 c. 25, s. 33(5)(e) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3
Pt. I (ss. 1-28): power to make corresponding provisions conferred (27.7.1999) by 1999 c. 24, s. 2, Sch. 1 Pt. I para. 20(1)(a)
C2Pt. 1 modified (S.) (27.3.2011) by The Waste Management Licensing (Scotland) Regulations 2011 (S.S.I. 2011/228), reg. 1(1), sch. 4 para. 10 (with regs. 31-33)
[F1(1)In any proceedings for an offence under section 23(1)(a) above consisting in a failure to comply with the general condition implied in every authorisation by section 7(4) above, it shall be for the accused to prove that there was no better available technique not entailing excessive cost than was in fact used to satisfy the condition.
(2)Where—
(a)an entry is required under section 7 above to be made in any record as to the observance of any condition of an authorisation; and
(b)the entry has not been made;
that fact shall be admissible as evidence that that condition has not been observed.
F2[(3)Subsection (2) above shall not have effect in relation to any entry required to be made in any record by virtue of a condition of a relevant licence, within the meaning of section 111 of the Environment Act 1995 (which makes corresponding provision in relation to such licences).]]
Textual Amendments
F1Ss. 1-28 repealed (1.4.2015 for S. for the repeal of ss. 1-19, 22-28) by Pollution Prevention and Control Act 1999 (c. 24), s. 7(3), Sch. 3 (with s. 7(7)); S.S.I. 2015/74, art. 2(2)(b)
F2S. 25(3) inserted (1.4.1996) by 1995 c. 25, s. 111(6)(with ss. 7(6), 115); S.I. 1996/186, art. 3