Control of Pollution Act 1974

31 Control of pollution of rivers and coastal waters etc.

(1) 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 any stream or controlled waters or any specified underground water (hereafter in this Part of this Act referred to collectively as " relevant waters "); or

(b) any matter to enter a stream so as to tend (either directly or in combination with other matter which he or another person causes or permits to enter the stream) to impede the proper flow of the water of the stream 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 a stream or restricted waters.

(2) 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 water 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 34 of the [1945 c. 42.] Water Act 1945 or, in Scotland, section 50 of the [1946 c. 42.] Water (Scotland) Act 1946 (which among other things relate to temporary discharges by water undertakers and corresponding Scottish 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 the [1974 c. 30.] Dumping at Sea Act 1974; or

(c) the entry in question is attributable to an act or omission which is in accordance with good agricultural practice other than an act or omission which—

(i) is of a kind specified in a notice which is in force when the entry occurs and which was served in pursuance of subsection (3)(a) of section 51 of this Act on the occupier or any previous occupier of the place where the act or omission occurs, and

(ii) occurs after the expiration of the period of twenty-eight days beginning with the date entered in the register mentioned in subsection (4) of that section as the date of service of the notice; or

(d) the entry in question is caused or permitted in an emergency in order to avoid danger to the public and, as soon as reasonably practicable after the entry occurs, particulars of the entry are furnished to the water authority in whose area it occurs ; or

(e) the matter in question is trade or sewage effluent discharged as mentioned in paragraph (a) of subsection (1) of the following section 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 relevant waters.

(3) 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 a stream or restricted waters if—

(a) he deposits the refuse on the land with the consent (which shall not be unreasonably withheld) of the water 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 the stream or restricted waters.

(4) Provision may be made by regulations as to the precautions to be taken, by any person having the custody or control of any poisonous, noxious or polluting matter, for the purpose of preventing the matter from entering any relevant waters; and the regulations may provide that a contravention of the regulations shall be an offence and may prescribe the maximum penalty for the offence.

(5) Where it appears to the Secretary of State that, with a view to preventing poisonous, noxious or polluting matter from entering any relevant 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 section 104(3) of this Act, he may by regulations—

(a) designate that 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 water authority in whose area the place is situated and in accordance with any reasonable conditions to which the consent is subject; and

(c) provide that a contravention of the regulations shall be an offence and prescribe the maximum penalty for the offence.

(6) A water authority may by byelaws make such provision as the authority considers appropriate for prohibiting or regulating the washing or cleaning, in any stream or 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 £200 or such smaller sum as is specified in the byelaws.

(7) A person guilty of an offence by virtue of paragraph (a) or (b) 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 £400 or both;

(b) on conviction on indictment, to imprisonment for a term not exceeding two years or a fine or both ;

and a person guilty of an offence by virtue of paragraph (c) of that subsection shall be liable on summary conviction to a fine not exceeding £200.

(8) The maximum penalties prescribed in pursuance of subsections (4) and (5) of this section shall not exceed the penalties specified in paragraphs (a) and (b) of the preceding subsection and, in the case of a continuing offence punishable on summary conviction, £50 for each day on which the offence continues after conviction for the offence.

(9) 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;

and for the purposes of paragraph (c) of that subsection any practice recommended in a code approved for the purposes of that paragraph by the Minister of Agriculture, Fisheries and Food or, in Scotland, by the Secretary of State shall, without prejudice to any evidence that any further practice is good agricultural practice, be deemed to be good agricultural practice.