C1C2 Part IV SEWERAGE SERVICES

Annotations:
Modifications etc. (not altering text)
C1

Pt. IV: power to apply conferred (1.12.1991) by Water Resources Act 1991 (c. 57, SIF 130), ss. 78(2)(b), 225(2).

C3C5C4 CHAPTER III TRADE EFFLUENT

Annotations:
Modifications etc. (not altering text)
C3

Pt. 4 Ch. 3 (ss. 118-141) amended (27.8.1993) by 1993 c. 12, ss. 40, 51(2), Sch. 3 Pt. I para. 8 (with ss. 42, 46).

Pt. 4 Ch. 3 (ss. 118-141) modified (1.2.1996) by 1995 c. 25, s. 5 (with ss. 7(6), 115, 117); S.I. 1996/186, art. 2

Pt. 4 Ch. 3 (ss. 118-141): transfer of functions (1.4.1996) by 1995 c. 25, s. 2(2)(b) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

C5

Pt. 4 Ch. 3 modified by S.I. 2010/675, Sch. 23 Pt. 8 para. 3 Table 9 (as substituted (1.10.2011) by The Environmental Permitting (England and Wales) (Amendment) Regulations 2011 (S.I. 2011/2043), reg. 1(b), Sch. 1)

C4

Pt. 4 Ch. 3 modified (1.1.2017) by The Environmental Permitting (England and Wales) Regulations 2016 (S.I. 2016/1154), reg. 1(1), Sch. 23 paras. 1(3), 2 Table 9 (with regs. 1(3), 77-79, Sch. 4)

References and reviews relating to special category effluent

134 Compensation in respect of determinations made for the protection of public health etc.

1

Subject to subsection (2) below, F1the F3appropriate agency shall be liable to pay compensation to the relevant person in respect of any loss or damage sustained by that person as a result of any notice under section 132 above containing F1the F3appropriate agency's determination on a review which—

a

has been carried out for the protection of public health or of flora and fauna dependent on an aquatic environment; and

b

but for being so carried out would have been prohibited by virtue of section 127(2) or 131(2) above.

2

F1The F4appropriate agency shall not be required to pay any compensation under this section if the determination in question is shown to have been given in consequence of—

a

a change of circumstances which could not reasonably have been foreseen at the time when the period of two years mentioned in section 127(2) or, as the case may be, section 131(2) above began to run; or

b

consideration by F1the F4appropriate agency of material information which was not reasonably available to F2the appropriate agency at that time.

3

No person shall be entitled to any compensation under section 125 above in respect of anything done in pursuance of section 133 above.

4

In this section “the relevant person”, in relation to a review, means the owner or the occupier of the trade premises in question, according to whether it is the owner or the occupier who makes the discharges to which the review relates or, as the case may be, is a party to the agreement to which it relates.