Water Resources Act 1991

Appeals in respect of consents under Chapter II E+W

91 Appeals in respect of consents under Chapter II. E+W

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

(a) on an application for a consent under this Chapter for the purposes of section 88(1)(a) above, has refused a consent for any discharges;

(b) in giving a discharge consent, has made that consent subject to conditions;

(c) has revoked a discharge consent, modified the conditions of any such consent or provided that any such consent which was unconditional shall be subject to conditions;

(d) has, for the purposes of paragraph 7(1) or (2) of Schedule 10 to this Act, specified a period in relation to a discharge consent without the agreement of the person who proposes to make, or makes, discharges in pursuance of that consent;

(e) has refused a consent for the purposes of section 89(4)(a) above for any deposit; or

(f) has refused a consent for the purposes of section 90 above 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 section.

(4) Without prejudice to the generality of the power conferred by subsection (3) above, regulations under that subsection may, with prescribed modifications, apply any provision of paragraphs 1(3) to (6), 2(1) and 4(4) to (6) of Schedule 10 to this Act in relation to appeals under this section.

(5) If, on an appeal under this section 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 discharge consent or a consent for the purposes of section 90 above, subject to such conditions as may be specified in the direction;

(b) to modify the conditions of any discharge consent or any consent for the purposes of section 90 above or to provide that any discharge consent 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 of Schedule 10 to this Act.

(6) In complying with a direction under subsection (5) above to give a consent the Authority shall not be required to comply with any requirement imposed by paragraph 3 of Schedule 10 to this Act.

(7) Nothing in any direction under subsection (5) 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.

(8) In this section “discharge consent” means such a consent under this Chapter for any discharges or description of discharges as is given for the purposes of section 88(1)(a) above either on an application for a consent or, by virtue of paragraph 5 of Schedule 10 to this Act, without such an application having been made.