161Anti-pollution works and operations
(1)Subject to subsection (2) below, where it appears to the Authority that any poisonous, noxious or polluting matter or any solid waste matter is likely to enter, or to be or to have been present in, any controlled waters, the Authority shall be entitled to carry out the following works and operations, that is to say-
(a)in a case where the matter appears likely to enter any controlled waters, works and operations for the purpose of preventing it from doing so; or
(b)in a case where the matter appears to be or to have been present in any controlled waters, works and operations for the purpose—
(i)of removing or disposing of the matter;
(ii)of remedying or mitigating any pollution caused by its presence in the waters; or
(iii)so far as it is reasonably practicable to do so, of restoring the waters, including any flora and fauna dependent on the aquatic environment of the waters, to their state immediately before the matter became present in the waters.
(2)Nothing in subsection (1) above shall entitle the Authority to impede or prevent the making of any discharge in pursuance of a consent given under Chapter II of Part III of this Act.
(3)Where the Authority carries out any such works or operations as are mentioned in subsection (1) above, it shall, subject to subsection (4) below, be entitled to recover the expenses reasonably incurred in doing so from any person who, as the case may be—
(a)caused or knowingly permitted the matter in question to be present at the place from which it was likely, in the opinion of the Authority, to enter any controlled waters; or
(b)caused or knowingly permitted the matter in question to be present in any controlled waters.
(4)No such expenses shall be recoverable from a person for any works or operations in respect of water from an abandoned mine which that person permitted to reach such a place as is mentioned in subsection (3) above or to enter any controlled waters.
(5)Nothing in this section—
(a)derogates from any right of action or other remedy (whether civil or criminal) in proceedings instituted otherwise than under this section; or
(b)affects any restriction imposed by or under any other enactment, whether public, local or private.
(6)In this section—
“controlled waters” has the same meaning as in Part III of this Act; and
“mine” has the same meaning as in the [1954 c. 70.] Mines and Quarries Act 1954.