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(1)While a disposal licence is in force it shall be the duty of [F2the appropriate Agency] to take the steps needed—
(a)for the purpose of ensuring that the activities to which the licence relates do not cause pollution of water or danger to public health or become seriously detrimental to the amenities of the locality affected by the activities; and
(b)for the purpose of ensuring that the conditions specified in the licence are complied with.
(2)For the purpose of performing the duty which is imposed on [F3the Environment Agency or SEPA, as the case may be,] by the preceding subsection in connection with a licence, any officer of [F3that Agency] authorised in writing in that behalf by [F3that Agency] may, if it appears to him that by reason of an emergency it is necessary to do so, carry out work on the relevant land and on any plant or equipment to which the licence relates.
(3)Where [F4the Environment Agency or SEPA] incurs any expenditure by virtue of the preceding subsection, [F5it] may recover the amount of the expenditure from the holder of the disposal licence in question, or if the licence has been revoked or cancelled from the last holder of it, except where the holder or last holder of the licence shows that there was no emergency requiring any work or except such of the expenditure as he shows was unnecessary.
(4)Where it appears to [F6the appropriate Agency] that a condition specified in a disposal licence . . . F7is not being complied with, then, without prejudice to any proceedings in pursuance of section 3 or 6(3) of this Act in consequence of any failure to comply with the condition, [F6that Agency] may—
(a)serve on the licence holder a notice requiring him to comply with the condition before a time specified in the notice; and
(b)if in the opinion of [F6that agency] the licence holder has not complied with the condition by that time, serve on him a further notice revoking the licence at a time specified in the further notice.]
Textual Amendments
F1S. 9 repealed (1.5.1994 save in respect of specified activities, as to which in force as provided by S.I. 1994/1096, art. 3, 1.4.2015 for S. in so far as not already in force) by Environmental Protection Act 1990 (c. 43), s. 162, Sch. 16 Pt. II; S.I. 1994/1096, arts. 2, 3 (as amended by S.I. 1994/2487, art. 2 and S.I. 1994/3234, art. 2), S.S.I. 2015/72, art. 2(2)(a)
F2Words in s. 9(1) substituted (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 23(2) (Sch. 22 para. 23 isprospectively repealed by Sch. 24 of the same 1995 Act) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3
F3Words in s. 9(2) substituted (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 23(3) (Sch. 22 para. 23 isprospectively repealed by Sch. 24 of the same 1995 Act) (with ss. 7(6), 115, 117); S.I. 1996/186, art, 3
F4Words in s. 9(3) substituted (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 23(4)(a) (Sch. 22 para. 23 isprospectively repealed by Sch. 24 of the same 1995 Act) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3
F5Word in s. 9(3) substituted (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 23(4)(b) (Sch. 22 para. 23 isprospectively repealed by Sch. 24 of the same 1995 Act) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3
F6Words in s. 9(4) substituted (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 23(5)(a)(c) (Sch. 22 para. 23 isprospectively repealed by Sch. 24 of the same 1995 Act) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3
F7Words in s. 9(4) repealed (1.4.1996) by 1995 c. 25, s. 120(1)(3), Sch. 22 para. 23(5)(b), Sch. 24 (Sch. 22 para. 23 isprospectively repealed by Sch. 24 of the same 1995 Act) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3
Modifications etc. (not altering text)
C1S. 9 modified (27.7.1999) by 1999 c. 24, s. 4(6)(c)
C2Ss. 3-10: functions transferred (12.10.1995) by 1995 c. 25, s. 21(1)(c) (with ss. 7(6), 115, 117); S.I. 1995/2649, art. 2
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