Rivers (Prevention of Pollution) Act 1951

1951 CHAPTER 64 14 and 15 Geo 6

An Act to make new provision for maintaining or restoring the wholesomeness of the rivers and other inland or coastal waters of England and Wales in place of the Rivers Pollution Prevention Act 1876, and certain other enactments; and to provide for laying before Parliament the annual reports of river boards.

[1st August 1951]

Modifications etc. (not altering text)

C1 Act repealed (prosp.) by Control of Pollution Act 1974 (c. 40, SIF 46:4), Sch. 4 which repeal is no longer prospective save s. 5(1)(c)(6)(7), s. 11(1) so far as it defines “stream”, ss. 11(6), 12(1)(3)

1—4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1 E+W

Textual Amendments

F1 Ss. 1–4, 5(1)(a)(b), 5(2)–(5) repealed by Control of Pollution Act 1974 (c. 40, SIF 46:4), Sch. 4

5 Bye-laws. E+W

(1) A [F2 water authority] may by bye-laws make such provision as respects any stream or part of a stream in their area as appears to them expedient—

(a), (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3

(c) for prohibiting or regulating the keeping or use on the stream of vessels provided with sanitary appliances from which polluting matter passes or can pass into the stream.

A [F2 water authority] in exercising the powers conferred by this subsection to make bye-laws for any stream or part of a stream shall have regard to the character and flow of the stream and to the extent to which the stream is or may in the future be used for industrial purposes, fisheries, water supply, agriculture, transport or navigation, . . . F4

(2)–(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3

(6) Before making bye-laws under this section as respects any stream or part of a stream, a [F2 water authority] shall give reasonable notice of their intention to do so to any body of persons designated to them for this purpose by the Minister as being representative of a class of persons having a material interest in the waters of the stream or of a part of it to which the bye-laws are to relate.

(7) Any person contravening bye-laws made by virtue of paragraph (b) or (c) of subsection (1) of this section shall be liable on summary conviction to a fine not exceeding [F5 level 3 on the standard scale] and, where a contravention of bye-laws made by virtue of the said paragraph (c) is continued after a person has been convicted thereof, that person shall be guilty of a further offence and shall be liable on summary conviction to a fine not exceeding five pounds for every day on which the contravention is so continued.

Textual Amendments

F2 Words substituted by virtue of Water Act 1973 (c. 37), s. 9(a)

F3 Ss. 1–4, 5(1)(a)(b), 5(2)–(5) repealed by Control of Pollution Act 1974 (c. 40, SIF 46:4), Sch. 4

F4 Words repealed by Rivers (Prevention of Pollution) Act 1961 (c. 50), Sch. 2

F5 Words substituted by virtue of Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 38, 46

Modifications etc. (not altering text)

C2 S. 5 amended by Radioactive Substances Act 1960 (c. 34), s. 9(1), Sch. 1 Pt. I

6—10. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F6 E+W

Textual Amendments

F6 Ss. 6–10 repealed by Control of Pollution Act 1974 (c. 40, SIF 46:4), Sch. 4

11 Interpretation. E+W

(1) In this Act, except in so far as the context otherwise requires, the following expressions have the meanings hereby respectively assigned to them, that is to say:—

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F7

• “stream” includes any river, stream, watercourse or inland water (whether natural or artificial), except that it does not include either—

  (a)

  any lake or pond which does not discharge to a stream; or

  (b)

  any sewer vested in a local authority;

  or (save as otherwise provided by this Act) any tidal waters, but any reference to a stream includes a reference to the channel or bed of a stream which is for the time being dry;

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F7

(2)–(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F8

(6) Nothing contained in this Act shall affect the law relating to nuisance.

(7) . . . F8

Textual Amendments

F7 S. 11(1) except in so far as it defines “stream” repealed by Control of Pollution Act 1974 (c. 40, SIF 46:4), Sch. 4

F8 S. 11(2)–(5)(7), 12(2)(4) repealed by Control of Pollution Act 1974 (c. 40, SIF 46:4), Sch. 4

12 Short title, repeal, extent and commencement. E+W

(1) This Act may be cited as the Rivers (Prevention of Pollution) Act 1951.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F9

(3) This Act shall not extend to Scotland except in so far as it repeals the M1 Rivers Pollution Prevention (Border Councils) Act 1898, and shall not extend to Northern Ireland.

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F9

Textual Amendments

F9 S. 11(2)–(5)(7), 12(2)(4) repealed by Control of Pollution Act 1974 (c. 40, SIF 46:4), Sch. 4

Marginal Citations

M1 1898 c. 34.

SCHEDULES

F10 F10 FIRST SCHEDULE E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F10 First, second and third schedules repealed by Control of Pollution Act 1974 (c. 40, SIF 46:4), Sch. 4

F11 F11 SECOND SCHEDULE E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F11 First, second and third schedules repealed by Control of Pollution Act 1974 (c. 40, SIF 46:4), Sch. 4

F12 F12 THIRD SCHEDULE E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F12 First, second and third schedules repealed by Control of Pollution Act 1974 (c. 40, SIF 46:4), Sch. 4