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Control of Pollution Act 1974

Status:

This is the original version (as it was originally enacted).

49Deposits and vegetation in rivers etc.

(1)If without the consent of the relevant water authority, which shall not be unreasonably withheld.—

(a)a person removes from any part of the channel or bed of a stream a deposit accumulated by reason of any dam, weir or sluice holding back the water of the stream and does so by causing the deposit to be carried away in suspension in the water of the stream ; or

(b)any substantial amount of vegetation cut or uprooted in a stream, or so near to the stream that it falls into it, is allowed to remain in the stream 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 £200.

(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 a stream in subsection (1) of this section shall be construed as including a reference to such controlled waters as are prescribed for the purposes of that subsection.

(4)Any question as to whether the consent of a water authority 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 4 of the [1951 c. 64.] Rivers (Prevention of Pollution) Act 1951 or section 24 of the [1951 c. 66.] Rivers (Prevention of Pollution) (Scotland) Act 1951 (which are superseded by this section) shall be treated for the purposes of this section as given in pursuance of this section.

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