The Control of Pollution (Applications, Appeals and Registers) Regulations 1996

Revocation of existing regulations

18—(1) Subject to paragraph (2) below, the following regulations(1) are hereby revoked—

(a) the Control of Pollution (Consents for Discharges etc.) (Secretary of State Functions) Regulations 1989(2);

(b) the Control of Pollution (Discharges by the National Rivers Authority) Regulations 1989(3);

(c) the Control of Pollution (Registers) Regulations 1989(4).

(2) Subject to paragraph (3) below, nothing in paragraph (1)(a) or (b) above shall affect—

(a) the application of the Control of Pollution (Discharges by the National Rivers Authority) Regulations 1989, and regulations 2 to 6 of the Control of Pollution (Consents for Discharges etc.) (Secretary of State Functions) Regulations 1989, in relation to any application made under paragraph 1 of Schedule 10 to the Water Resources Act 1991 (applications for discharge consents) before 31st December 1996 or any consent given under paragraph 5 of that Schedule (discharge consents granted without applications) before that date; or

(b) the application of regulations 2 and 7 of the Control of Pollution (Consents for Discharges etc.) (Secretary of State Functions) Regulations 1989 (appeals in respect of consents under Chapter II of Part III of that Act), in relation to any appeal under that section made in relation to a decision taken before 31st December 1996.

(3) Paragraph (2)(a) above shall not apply in relation to an application made under paragraph 1 of Schedule 10 to the Water Resources Act 1991 before 31st December 1996 if—

(a) the application relates to discharges of a kind which the applicant, or a predecessor of his, was authorised to make by virtue of a consent to which paragraph 21 of Schedule 23 to the Environment Act 1995 (transitional provisions in relation to discharge consents) applied; and

(b) notice in accordance with sub-paragraph (2)(b)(ii) of that paragraph was not given by him or his predecessor.

(1)

Relevant amendments were made to the listed regulations by paragraph 233 of Schedule 22 to the Environment Act 1995 (c. 25) and see also paragraph 1(1) and (3) of Schedule 2, and Part I of Schedule 3, to the Water Consolidation (Consequential Provisions) Act 1991 (c. 60) and article 4 of S.I. 1996/2909 (C. 87).

(2)

S.I. 1989/1151.

(3)

S.I. 1989/1157.

(4)

S.I. 1989/1160.