Water Act 1989

8 (1) This paragraph applies where the Authority has, otherwise than in pursuance of a direction of the Secretary of State—

(a) refused a consent under paragraph 2 above for any discharges;

(b) in giving a consent under paragraph 2 or 5 above for any discharges or description of discharges, made that consent subject to conditions;

(c) revoked a consent under paragraph 2 or 5 above for any discharges or description of discharges, modified the conditions of any such consent or provided that any such consent which was unconditional shall be subject to conditions;

(d) for the purposes of paragraph 7(1) or (2) above, specified a period in relation to a consent under paragraph 2 or 5 above without the agreement of the person who proposes to make, or makes, discharges in pursuance of that consent;

(e) refused a consent for the purposes of section 108(5)(a) of this Act for any deposit;

(f) refused a consent for the purposes of section 109 of this Act for the doing of anything by any person or, in giving any such consent, made that consent subject to conditions.

(2) The person, if any, who applied for the consent in question, or any person whose deposits, discharges or other conduct is or would be authorised by the consent may appeal against the decision to the Secretary of State.

(3) The Secretary of State may by regulations provide for the conduct and disposal of appeals under this paragraph; and, without prejudice to the generality of the power conferred by this sub-paragraph, regulations under this sub-paragraph may, with prescribed modifications, apply any provision of paragraphs 1(3) to (6) above and 4(4) to (6) above in relation to appeals under this paragraph.

(4) If, on an appeal under this paragraph, the Secretary of State is of the opinion that the decision of the Authority should be modified or reversed, he may give the Authority such directions as he thinks appropriate for requiring it—

(a) to give a consent, either unconditionally or, in the case of a consent under paragraph 2 or 5 above or a consent under section 109 of this Act, subject to such conditions as may be specified in the direction;

(b) to modify the conditions of any consent under paragraph 2 or 5 above or section 109 of this Act or to provide that any consent under the said paragraph 2 or 5 which is unconditional shall be subject to such conditions as may be specified in the direction;

(c) to modify in accordance with the direction any provision specifying a period for the purposes of paragraph 7 above;

and the Authority shall comply with any such direction.

(5) In complying with a direction under sub-paragraph (4) above to give a consent the Authority shall not be required to comply with any requirement imposed by paragraph 3 above.

(6) Nothing in any direction under sub-paragraph (4) above or in anything done in pursuance of any such direction shall be taken to affect the lawfulness or validity of anything which was done—

(a) in pursuance of any decision of the Authority which is to be modified or reversed under the direction; and

(b) before the direction is complied with.