Water Act 1989

2 (1) Where any person, as the owner or occupier of any trade premises, is (whether or not in accordance with a notice under paragraph 3 below) either—

(a) for the time being authorised by virtue of a consent under the 1937 Act to make discharges of any trade effluent to which section 74 of this Act applies from those premises into any public sewer of a sewerage undertaker; or

(b) for the time being a party to any agreement under section 7 of that Act with respect to, or to any matter connected with, the reception or disposal of any such effluent,

the Secretary of State may review the question whether the authorised operations should be prohibited and the question whether, if they are not prohibited, any requirements should be imposed as to the conditions on which they are carried out.

(2) Subject to sub-paragraph (3) below, the Secretary of State shall not review any question under this paragraph unless—

(a) a period of more than two years has elapsed since the relevant time;

(b) the consent, agreement or variation by virtue of which the authorised operations are carried out—

(i) was given, entered into or made either before the transfer date or in contravention of paragraph 4 below; and

(ii) has not previously been the subject-matter of a review;

or

(c) there has since the relevant time been a contravention of any provision which was included in that consent, agreement or variation in compliance with a requirement of a notice under paragraph 3 below.

(3) Sub-paragraph (2) above shall not apply if the review is carried out—

(a) for the purpose of enabling Her Majesty’s Government in the United Kingdom to give effect to any Community obligation or to any international agreement to which the United Kingdom is for the time being a party; or

(b) for the protection of public health or of flora and fauna dependent on an aquatic environment.