Control of Pollution Act 1974

[F1 30I Defence to principal offences in respect of authorised discharges. S

(1) Subject to the following provisions of this section, a person shall not be guilty of an offence under section 30F 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 in pursuance of section 34 of this Act or under Chapter II of Part III of the M1 Water Resources Act 1991 (which makes corresponding provision for England and Wales);

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

[F2 (ba) a permit granted by SEPA under regulations made under section 2 of the Pollution Prevention and Control Act 1999;]]

(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 33 of the M4 Water (Scotland) Act 1980 (temporary discharge by authorities in connection with the construction of works);

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

(g) any prescribed enactment.

(2) 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 30F above; or

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

(3) In this section—

• “disposal licence” means a licence issued in pursuance of section 5 of this Act;

• “local Act” includes enactments in a public general Act which amend a local Act;

• “statutory order” means an order, byelaw, scheme or award made under an Act of Parliament, 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 M5 Environmental Protection Act 1990.

Textual Amendments

F1 Ss. 30F-30J inserted (S.) (1.4.1996) by 1995 c. 25, s. 106, Sch. 16 para. 2 (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

F2 S. 30I(ba) inserted (28.9.2000) by S.S.I. 2000/323, regs. 1(1), 36, Sch. 10, para. 1

Modifications etc. (not altering text)

C1 S. 30I(1) applied (with modifications) (1.4.1999) by S.I. 1998/2746, reg. 14(2)

Marginal Citations

M1 1991 c. 57.

M2 1990 c. 43.

M3 1985 c. 48.

M4 1980 c. 45.

M5 1990 c. 43.