[F149 Deposits and vegetation in rivers etc.S
(1)If without the consent of the relevant ][F2SEPA], which shall not be unreasonably withheld,—
(a)a person removes from any part of the bottom, channel or bed of any inland waters a deposit accumulated by reason of any dam, weir or sluice holding back the waters and does so by causing the deposit to be carried away in suspension in the waters; or
(b)any substantial amount of vegetation cut or uprooted in any inland waters, or so near to any such waters that it falls into it, is allowed to remain in the waters by the wilful default of any person,
then, subject to the following subsection, that person shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale.
(2)Nothing in paragraph (a) of the preceding subsection applies to anything done in the exercise of statutory powers conferred by or under any enactment relating to land drainage, flood prevention or navigation.
(3)Regulations may provide that any reference to inland waters in subsection (1) of this section shall be construed as including a reference to such coastal waters as are prescribed for the purposes of that subsection.
(4)Any question as to whether the consent of [F2SEPA]in pursuance of subsection (1) of this section is unreasonably withheld shall be determined by the Secretary of State; and any consent given in pursuance of section 24 of the Rivers (Prevention of Pollution) (Scotland) Act M11951 (which is superseded by this section) shall be treated for the purposes of this section as given in pursuance of this section.
[F3(5)This section is subject to section 114 of the Environment Act 1995 (delegation or reference of appeals).]
Textual Amendments
F1S. 49 repealed (E.W.) by Water Act 1989 (c. 15, SIF 130), ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 163, 189(4)-(10), 190, 193(1), Sch. 26 paras. 3(1)(2), 17, 40(4), 41(1), 57(6), 58, Sch. 27 Pt. I and substituted (S.) by Water Act 1989 (c. 15, SIF 130), ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 163, 168, 189(4)-(10), 190, 193(1), 194(4), Sch. 23 para. 5, Sch. 26 paras. 3(1)(2), 17, 40(4), 41(1), 57(6), 58
F2Words in s. 49 substituted (S.) (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 29(2) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3
F3S. 49(5) added (S.) (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 29(25) (with ss. 7(6), 115, 117);, S.I. 1996/186, art. 3
Modifications etc. (not altering text)
C1S. 49(4): power to delegate functions conferred (1.4.1996) by 1995 c. 25, s. 114(3)(b) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3
Marginal Citations