Water Resources Act 1991

88 Defence to principal offences in respect of authorised discharges. E+W

(1) Subject to the following provisions of this section, a person shall not be guilty of an offence under section 85 above in respect of the entry of any matter into any waters or any discharge if the entry occurs or the discharge is made under and in accordance with, or as a result of any act or omission under and in accordance with—

(a) a consent given under this Chapter or under Part II of the M1 Control of Pollution Act 1974 (which makes corresponding provision for Scotland);

[F1 (aa) a permit granted, under regulations under section 2 of the Pollution Prevention and Control Act 1999, by an authority exercising functions under the regulations that are exercisable for the purpose of preventing or reducing emissions in to the air, water and land;]

(b) an authorisation for a prescribed process designated for central control granted under Part I of the M2 Environmental Protection Act 1990;

(c) a waste management or disposal licence;

(d) a licence granted under Part II of the M3 Food and Environment Protection Act 1985;

(e) section 163 below or section 165 of the M4 Water Industry Act 1991 (discharges for works purposes);

(f) any local statutory provision or statutory order which expressly confers power to discharge effluent into water; or

(g) any prescribed enactment.

(2) Schedule 10 to this Act shall have effect, subject to section 91 below, with respect to the making of applications for consents under this Chapter for the purposes of subsection (1)(a) above and with respect to the giving, revocation and modification of such consents.

(3) Nothing in any disposal licence shall be treated for the purposes of subsection (1) above as authorising—

(a) any such entry or discharge as is mentioned in subsections (2) to (4) of section 85 above; or

(b) any act or omission so far as it results in any such entry or discharge.

(4) In this section—

• “disposal licence” means a licence issued in pursuance of section 5 of the Control of Pollution Act 1974;

• “statutory order” means—

  (a)

  any order under section 168 below or section 167 of the Water Industry Act 1991 (compulsory works orders); or

  (b)

  any order, byelaw, scheme or award made under any other enactment, including an order or scheme confirmed by Parliament or brought into operation in accordance with special parliamentary procedure;

  and

• “waste management licence” means such a licence granted under Part II of the the M5 Environmental Protection Act 1990.

Textual Amendments

F1 S. 88(1)(aa) inserted (1.8.2000) by S.I. 2000/1973, reg. 39, Sch. 10 para. 9

Modifications etc. (not altering text)

C1 S. 88 excluded (5.11.1993) by 1993 c. 42, ss. 2, 19, Sch. 2 para. 10(8), Sch. 6 paras. 5, 8 (with s. 30(1), Sch. 2 para. 9).

C2 S. 88(1) applied (with modifications) (1.4.1999) by S.I. 1998/2746, reg. 14(2)

C3 S. 88(2) amended (27.8.1993) by 1993 c. 12, ss. 40, 51(2), Sch. 3 Pt. I para. 9 (with s. 46).

Marginal Citations

M1 1974 c. 40.

M2 1990 c. 43.

M3 1985 c. 48.55.

M4 1991 c. 56.

M5 1990 c. 43.