Water Industry Act 1991

130 Reference to [F1 the [F2 appropriate agency]] of agreements relating to special category effluent. E+W

(1) Where a sewerage undertaker and the owner or occupier of any trade premises are proposing to enter into an agreement under section 129 above with respect to, or to any matter connected with, the reception or disposal of any special category effluent, it shall be the duty of the undertaker to refer to [F1 the [F2 appropriate agency]] the questions—

(a) whether the operations which would, for the purposes of or in connection with the reception or disposal of that effluent, be carried out in pursuance of the proposed agreement should be prohibited; and

(b) whether, if they are not prohibited, any requirements should be imposed as to the conditions on which they are carried out.

(2) It shall be the duty of a sewerage undertaker where it has made a reference under this section not to give any consent or enter into any agreement with respect to any such operations as are mentioned in subsection (1)(a) above at any time before [F1 the [F2 appropriate agency]] serves notice on the undertaker of his determination on the reference.

(3) Every reference under this section shall be made in writing and shall be accompanied by a copy of the proposed agreement.

(4) It shall be the duty of a sewerage undertaker, on making a reference under this section, to serve a copy of the reference on the owner or the occupier of the trade premises in question, according to whether it is the owner or occupier who is proposing to be a party to the agreement.

F3 [(7) If a sewerage undertaker fails, before giving any consent or entering into any agreement with respect to any such operations as are mentioned in paragraph (a) of subsection (1) above, to refer to the [F2 appropriate agency] any question which he is required by that subsection to refer to [F4 the appropriate agency], the undertaker shall be guilty of an offence and liable—

(a) on summary conviction, to a fine not exceeding the statutory maximum;

(b) on conviction on indictment, to a fine.

(8) If the [F2 appropriate agency] becomes aware—

(a) that a sewerage undertaker and the owner or occupier of any trade premises are proposing to enter into any such agreement as is mentioned in subsection (1) above, and

(b) that the sewerage undertaker has not referred to [F4 the appropriate agency] any question which it is required to refer to [F4 the appropriate agency] by that subsection,

[F4 the appropriate agency] may proceed as if the reference required by that subsection had been made.

(9) If the [F2 appropriate agency] becomes aware that any consent has been given or agreement entered into with respect to any such operations as are mentioned in paragraph (a) of subsection (1) above without the sewerage undertaker in question having referred to the [F2 appropriate agency] any question which he is required by that subsection to refer to [F4 the appropriate agency], [F4 the appropriate agency] may exercise its powers of review under section 127 above or, as the case may be, section 131 below, notwithstanding anything in subsection (2) of the section in question.]

Textual Amendments

F1 Words in s. 130(1)(2) and sidenote substituted (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 108(1)(2) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

F2 Words in s. 130 substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 242(2) (with Sch. 7)

F3 S. 130(7)-(9) substituted (1.4.1996) for s. 130(5)(6) by 1995 c. 25, s. 120(1), Sch. 22 para. 108(1)(3) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

F4 Words in s. 130 substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 242(3) (with Sch. 7)