Environmental Protection Act 1990

Exclusion of Water Act 1989 controls of exercise of trade effluent functions in case of prescribed processes

28 (1) Section 74 of the [1989 c. 15.] Water Act 1989 (control by Secretary of State of exercise of trade effluent functions in certain cases) shall be amended as follows.

(2) In subsection (1), after the word “shall” there shall be inserted the words “subject to subsection (3) below”.

(3) After subsection (2), there shall be inserted the following subsections—

“(3) The provisions of Schedule 9 shall not apply in relation to any trade effluent produced or to be produced in any process which is a prescribed process designated for central control as from the date which is the determination date for that process.

(4) The “determination date” for a prescribed process is—

(a) in the case of a process for which an authorisation is granted, the date on which the enforcing authority grants it, whether in pursuance of the application or, on an appeal, of a direction to grant it;

(b) in the case of a process for which an authorisation is refused, the date of the refusal or, on an appeal, of the affirmation of the refusal.

(5) In this section, “authorisation”, “enforcing authority” and “prescribed process” have the meaning given in section 1 of the Environmental Protection Act 1990 and the references to designation for central control and an appeal are references respectively to designation under section 4 and an appeal under section 15 of that Act.”