SCHEDULES
SCHEDULE 15

Consequential and Minor Amendments of Enactments

Exclusion of Water Act 1989 controls of exercise of trade effluent functions in case of prescribed processes
28
1
Section 74 of the Water Act 1989 (control by Secretary of State of exercise of trade effluent functions in certain cases) shall be amended as follows.
2
In subsection (1), after the word “shall” there shall be inserted the words “subject to subsection (3) below”.
3
After subsection (2), there shall be inserted the following subsections—
3
The provisions of Schedule 9 shall not apply in relation to any trade effluent produced or to be produced in any process which is a prescribed process designated for central control as from the date which is the determination date for that process.
4
The “determination date” for a prescribed process is—
a
in the case of a process for which an authorisation is granted, the date on which the enforcing authority grants it, whether in pursuance of the application or, on an appeal, of a direction to grant it;
b
in the case of a process for which an authorisation is refused, the date of the refusal or, on an appeal, of the affirmation of the refusal.
5
In this section, “authorisation”, “enforcing authority” and “prescribed process” have the meaning given in section 1 of the Environmental Protection Act 1990 and the references to designation for central control and an appeal are references respectively to designation under section 4 and an appeal under section 15 of that Act.
Sch. 15, para. 28 partly in force at 1.4.1991, see s. 164(3) and S.I. 1991/1042, art. 2
1989 c. 15.