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Water Consolidation (Consequential Provisions) Act 1991
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30(1)A person shall not be guilty of an offence under section 4 of the Salmon and Freshwater Fisheries Act 1975 (offences of causing pollution of certain waters) in respect of any entry of matter into any controlled waters (within the meaning of Part III of the M1Water Resources Act 1991) which occurs—E+W
(a)under and in accordance with [F1an environmental permit under regulation 13 of [F2the Environmental Permitting (England and Wales) Regulations 2016 (S.I. 2016/1154)] or a consent] under Part II of the M2Control of Pollution Act 1974 (which makes corresponding provision for Scotland); or
(b)as a result of any act or omission under and in accordance with such a[F3permit or] consent.
(2)In section 5(5) of that Act of 1975, for paragraph (c) there shall be substituted the following paragraph—
“(c)section 85(1) of the Water Resources Act 1991;”.
(3)In section 39(5) of that Act of 1975, after the words “this section” there shall be substituted the words “ the Water Resources Act 1991 ”.
(4)In section 41(1) of that Act of 1975, for the definition of “inland water” there shall be substituted the following definition—
““inland water” means any area of inland waters within the meaning of the Water Resources Act 1991;”.
(5)Section 215 of the Water Resources Act 1991 shall apply in relation to a local inquiry under that Act of 1975 as it applies in relation to a local inquiry under a provision of that Act of 1991 to which that section applies.
(6)In paragraph 39 of Schedule 3 to that Act of 1975, for the words “the said section 145” there shall be substituted the words “ section 4 of the Water Resources Act 1991 ”.
Textual Amendments
F1Words in Sch. 1 para. 30(1)(a) substituted (6.4.2010) by The Environmental Permitting (England and Wales) Regulations 2010 (S.I. 2010/675), reg. 1(1)(b), Sch. 26 para. 9(a) (with reg. 1(2), Sch. 4)
F2Words in Sch. 1 para. 30(1)(a) substituted (1.1.2017) by The Environmental Permitting (England and Wales) Regulations 2016 (S.I. 2016/1154), reg. 1(1), Sch. 29 para. 10 (with regs. 1(3), 77-79, Sch. 4)
F3Words in Sch. 1 para. 30(1)(b) inserted (6.4.2010) by The Environmental Permitting (England and Wales) Regulations 2010 (S.I. 2010/675), reg. 1(1)(b), Sch. 26 para. 9(b) (with reg. 1(2), Sch. 4)
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