C1C2C3C4C5Part II Pollution of water

Annotations:
Modifications etc. (not altering text)
C1

Pt. II modified (S.) (19.5.1993) by S.I. 1993/1156, regs. 3, 4, 5, Sch. 1

Pt. II (ss. 31-56) modified (1.4.1996) by 1995 c. 25, s. 33(5)(b) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

C3

Pt. II modified by S.I. 1984/1200, reg. 3, Sch. 1 and 1985/5, regs. 3(1)(2), 4(1)( a )

C5

Functions exercisable under Pt. II by (a) Minister of Agriculture, Fisheries and Food and (b) that Minister and Secretary of State jointly transferred (W.) by S.I. 1978/272, art. 2(1)(3), Sch. 1

Pt. II: transfer of functions (12.10.1995) by 1995 c. 25, s. 21(1)(a)(ii) (with ss. 7(6), 115, 117); S.I. 1995/2649, art. 2

Control of entry of polluting matter and effluents into water

F1C7C831 Control of pollution of rivers and coastal waters etc.C6

C9C101

Subject to subsections (2) and (3) of this section, a person shall be guilty of an offence if he causes or knowingly permits—

a

any poisonous, noxious or polluting matter to enter controlled waters; or

b

any matter to enter any inland waters so as to tend (either directly or in combination with other matter which he or another person causes or permits to enter those waters) to impede the proper flow of the waters in a manner leading or likely to lead to a substantial aggravation of pollution due to other causes or of the consequences of such pollution; or

c

any solid waste matter to enter controlled waters.

C112

A person shall not be guilty of an offence by virtue of the preceding subsection if—

a

the entry in question is authorised by, or is a consequence of an act authorised by, a disposal licence or a consent given by the Secretary of State or a river purification authority in pursuance of this Act and the entry or act is in accordance with the conditions, if any, to which the licence or consent is subject; or

b

the entry in question is authorised by, or is a consequence of an act authorised by—

i

section 33 of the M1Water (Scotland) Act 1980 (which among other things relates to temporary discharges by water authorities in connection with the construction of works) or any prescribed enactment, or

ii

any provision of a local Act or statutory order which expressly confers power to discharge effluent into water, or

iii

any licence granted under Part II of the M2Food and Environment Protection Act 1985; or

iv

any consent given under F2Chapter II of Part III of the Water Resources Act 1991; or

F3v

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

F4vi

a waste management licence granted under Part II of the Environmental Protection Act 1990; or

c

the entry in question is caused or permitted in an emergency in order to avoid danger to life or health and—

i

he takes all such steps as are reasonably practicable in the circumstances for minimising the extent of the entry in question and of its polluting effects; and

ii

as soon as reasonably practicable after the entry occurs, particulars of the entry are furnished to the river purification authority in whose area it occurs; or

d

the matter in question is trade or sewage effluent discharged as mentioned in paragraph (a) of subsection (1) of section 32 or matter discharged as mentioned in paragraph (b) or (c) of that subsection and the entry in question is not from a vessel;

and a person shall not be guilty of an offence by virtue of the preceding subsection by reason only of his permitting water from an abandoned mine to enter controlled waters.

C123

A person shall not by virtue of paragraph (b) or (c) of subsection (1) of this section be guilty of an offence by reason of his depositing the solid refuse of a mine or quarry on any land so that it falls or is carried into inland waters if—

a

he deposits the refuse on the land with the consent (which shall not be unreasonably withheld) of the river purification authority in whose area the land is situated; and

b

no other site for the deposit is reasonably practicable; and

c

he takes all reasonably practicable steps to prevent the refuse from entering those inland waters.

4

Where it appears to the Secretary of State that, with a view to preventing poisonous, noxious or polluting matter from entering any controlled waters, it is appropriate to prohibit or restrict the carrying on in a particular area of activities which he considers are likely to result in pollution of the waters, then, subject to subsection (5) below, he may by regulations—

a

designate the area; and

b

provide that prescribed activities shall not be carried on at any place within the area except with the consent (which shall not be unreasonably withheld) of the river purification authority in whose area the place is situated and in accordance with any reasonable conditions to which the consent is subject;

c

provide that a contravention of the regulations shall be an offence and prescribe the maximum penalty for the offence; and

d

make provision for the imposition by river purification authorities of charges in respect of the consent mentioned in paragraph (b) above.

5

It shall be the duty of the Secretary of State, before he makes any regulations under subsection (4) above—

a

to publish in the Edinburgh Gazette and in at least one newspaper circulating in the area in question a copy of the proposed regulations and a notice specifying—

i

a period of not less than twenty-eight days, beginning with the date on which the notice is first published, within which objections to the proposed regulations may be made, and

ii

the person to whom such objections may be made; and

b

to consider any objections to the proposed regulations which are made within that period and, if such an objection is so made by a prescribed person and is not withdrawn, to cause a local inquiry to be held in pursuance of section 96 of this Act with respect to the proposed regulations;

and the Secretary of State may, after considering any such objections as are mentioned in paragraph (b) of this subsection and the report of any person appointed to hold a local inquiry with respect to the proposed regulations, make the regulations either in the form in which a copy of them was published in pursuance of this subsection or in that form with such modifications as he considers appropriate.

6

A river purification authority may by byelaws make such provision as the authority considers appropriate for prohibiting or regulating the washing or cleaning, in any controlled waters in its area, of things of a kind specified in the byelaws; and a person who contravenes any byelaws made by virtue of this subsection shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale or such smaller sum as is specified in the byelaws.

C127

A person guilty of an offence by virtue of subsection (1) of this section shall be liable—

a

on summary conviction, to imprisonment for a term not exceeding three months or a fine not exceeding F5£20,000 or to both;

b

on conviction on indictment, to imprisonment for a term not exceeding two years or a fine or both.

8

The maximum penalty prescribed in pursuance of subsection (4) of this section shall not exceed the penalties specified in paragraphs (a) and (b) of the preceding subsection.

C129

In subsection (4) of this section, the reference to the entry of poisonous, noxious or polluting matter into controlled waters shall not include a reference to the entry of nitrate into controlled waters as a result of, or of anything done in connection with, the use of any land for agricultural purposes.

10

In subsection (2) of this section—

  • “disposal licence” has the same meaning as in Part I 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.