(1)[F1Scottish Water] may, and when requested by the person making the discharge shall, review the making of an existing discharge and may direct that any continuation of the discharge shall be either unconditional or subject to such conditions as [F2it] may think fit to impose.
(2)[F3Scottish Water] may by direction from time to time, and when requested by the person making the discharge shall, review a direction under the foregoing subsection, but, unless [F4Scottish Water] and the person making the discharge otherwise agree in writing, reviews under this subsection shall not take place at intervals of less than two years.
(3)Section 29 above, except subsection (1) so far as relating to the refusal of consent and subsection (2), and section 30 above shall, with any necessary modifications, apply to a direction under this section as they apply to a decision under the said section 29; and subsections (2), (3) and (6), and subject to subsection (4) below, subsection (7) of section 32 above, shall apply to such a direction as they apply to a direction under the said section 32.
(4)Where [F5Scottish Water has] directed under subsection (1) above that the continuation of the discharge shall be subject to conditions imposed by [F6it] which did not previously apply to the making of the discharge, and an appeal is made against the imposition of those conditions, it shall be for [F7Scottish Water] to establish that the circumstances of the making of the discharge or its reception, treatment or disposal are so altered as compared with those pertaining before the date of the commencement of section 33 above that it is reasonable that those conditions should be imposed.
Textual Amendments
F1Words in s. 36(1) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 5 para. 2 (with s. 67); S.S.I. 2002/118, art. 2
F2Word in s. 36(1) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 5 para. 31(a) (with s. 67); S.S.I. 2002/118, art. 2
F3Words in s. 36(2) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 5 para. 4 (with s. 67); S.S.I. 2002/118, art. 2
F4Words in s. 36(2) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 5 para. 3 (with s. 67); S.S.I. 2002/118, art. 2
F5Words in s. 36(4) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 5 para. 31(b)(i) (with s. 67); S.S.I. 2002/118, art. 2
F6Word in s. 36(4) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 5 para. 31(b)(ii) (with s. 67); S.S.I. 2002/118, art. 2
F7Words in s. 36(4) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 5 para. 31(b)(iii) (with s. 67); S.S.I. 2002/118, art. 2
Modifications etc. (not altering text)
C1Ss. 24-38 (Pt. II) excluded (30.6.1993) by S.I. 1993/1446, reg. 3(3).
S. 36 applied (30.6.1993) by S.I. 1993/1446, reg. 3(2)(b).
C2S. 36(4) restricted (30.6.1993) by S.I. 1993/1446, reg. 3(1).