The Environmental Permitting (England and Wales) Regulations 2010

Water Resources Act 1991

8.—(1) The 1991 Act(1) is amended as follows.

(2) Omit the following provisions—

(a) section 85 (offences of polluting controlled waters);

(b) section 86 (prohibition of certain discharges);

(c) section 87 (discharges into and from public sewers);

(d) section 88 (defence to principal offences: authorised discharges);

(e) section 89 (other defences to principal offences);

(f) section 90 (offences: deposits and vegetation in rivers);

(g) section 90A (applications for consent under section 89 or 90)(2);

(h) section 90B (enforcement notices)(3);

(i) section 91 (appeals: consents under Chapter 2 of Part 3);

(j) section 96(3) (regulations: consents under Chapter 2 of Part 3);

(k) section 99 (consents required by the Agency);

(l) section 103 (transitional pollution provisions);

(m) section 161ZC(5) (sections 161 to 161ZB: supplementary)(4);

(n) section 161AB(4) (works notices: exceptions etc)(5);

(o) section 190(1)(b), (c), (g), (h), (j), (k), (m) and (n) and (5) (pollution control register);

(p) section 191B(2)(a), (2)(b) and (12) (exclusion from register: confidential information)(6);

(q) Schedule 10 (discharge consents);

(r) Schedule 13 (transitional water pollution provisions).

(3) In the following provisions, for each reference to “consent” substitute “environmental permit”—

(a) section 74(1)(e) and (2)(g) (provisions and duration of ordinary drought order);

(b) section 77(3)(b) and (5)(a) (provisions of drought order: abstractions and discharges);

(c) in Schedule 8 (proceedings on applications for drought orders), in paragraph 1(2), paragraph (d) of the third item in the table;

(d) in Schedule 9 (compensation in respect of drought orders), paragraphs 2(5) and 4(1)(d).

(4) In section 84 (general duties to achieve and maintain objectives)—

(a) in subsection (1), after “below)” insert “and by the Environmental Permitting Regulations”;

(b) in subsection (2), after “this Act” insert “or under the Environmental Permitting Regulations”.

(5) In section 92(2)(c), for each reference to “subsection (6) of section 85 above” substitute “regulation 39(1) of the Environmental Permitting Regulations”.

(6) In section 97(2) (codes of good agricultural practice), for paragraph (a) substitute—

“(a) its relevant functions, in relation to water discharge activities, under the Environmental Permitting Regulations;”.

(7) In section 98 (radioactive substances)—

(a) in subsection (1), for “the Radioactive Substances Act 1993” substitute “the Environmental Permitting Regulations”; and

(b) in subsection (2), for “the said Act of 1993” substitute “the Environmental Permitting Regulations”.

(8) In the following sections, for each reference to “a consent given under Chapter II of Part III of this Act” substitute “an environmental permit”—

(a) section 161ZC(1) (sections 161 to 161ZB: supplementary)(7);

(b) section 161AB(1) (works notices: exceptions etc)(8).

(9) In section 191B (exclusion from registers of confidential information)(9), for subsection (6) substitute—

“(6) Section 114 of the 1995 Act (delegation or reference to appeals etc) applies to any appeal brought under subsection (5).

(6A) If either party to the appeal so requests, or the Secretary of State or Welsh Ministers so decide, an appeal shall be or continue in the form of a hearing (which must be held in private).

(6B) The Secretary of State may by regulations make provision as to appeals under subsection (5) to the Secretary of State, and the Welsh Ministers may by regulations make provision as to appeals under that subsection to them; and the regulations may, in particular, may make provision as to—

(a) the period within which and the manner in which appeals are to be brought; and

(b) the manner in which appeals are to be considered.”

(10) In section 221 (general interpretation)—

(a) at the appropriate place, insert—

““environmental permit” has the same meaning as in the Environmental Permitting Regulations;

“Environmental Permitting Regulations” means the Environmental Permitting (England and Wales) Regulations 2010;”; and

(b) omit the definition of “enforcement notice”.

(11) In Schedule 9, in paragraph 4(2)(c), for “a consent” substitute “an environmental permit”.

(1)

1991 c. 57. Section 88(1) was amended by S.I. 2000/1973. Sections 91, 161 and 203 were amended by the Environment Act 1995 (c. 25) section 120 and Schedule 22. Section 161 was also amended by section 60 of that Act. Section 203 was also amended by the Water Act 2003 (c. 37), section 101 and Schedule 8. Sections 90A, 90B, 91(2G), 161A, 161B and 191B were inserted by the Environment Act 1995 (c. 25), section 120 and Schedule 22.

(2)

Section 90A was inserted by the Environment Act 1995 (c. 25), section 120 and Schedule 22, paragraph 142.

(3)

Section 90B was inserted by the Environment Act 1995 (c. 25), section 120 and Schedule 22, paragraph 142.

(4)

Section 161ZC(5) was inserted by S.I. 2009/3104.

(5)

Section 161AB(4) was inserted by S.I. 2009/3104.

(6)

Section 191B was inserted by the Environment Act 1995 (c. 25), section 120 and Schedule 22, paragraph 170.

(7)

Section 161ZC(1) was inserted by S.I. 2009/3104.

(8)

Section 161AB(1) was inserted by S.I. 2009/3104.

(9)

Section 191B was inserted by the Environment Act 1995 (c. 25), section 120 and Schedule 22, paragraph 170.