C1Part VII Land and Works Powers
chapter I POWERS OF THE F2AGENCY
Word in Pt. VII Chapter I heading substituted (subject to the other provisions of the amending Act) (1.4.1996) by 1995 c. 25, s. 120, Sch. 22 para. 128 (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3
Anti-pollution works
F1161A Notices requiring persons to carry out anti-pollution works and operations.
1
Subject to the following provisions of this section, where it appears to the Agency 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 Agency shall be entitled to serve a works notice on 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 is likely, in the opinion of the Agency, to enter any controlled waters; or
b
caused or knowingly permitted the matter in question to be present in any controlled waters.
2
For the purposes of this section, a “works notice” is a notice requiring the person on whom it is served to carry out such of the following works or operations as may be specified in the notice, that is to say—
a
in a case where the matter in question appears likely to enter any controlled waters, works or 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 or 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.
3
A works notice—
a
must specify the periods within which the person on whom it is served is required to do each of the things specified in the notice; and
b
is without prejudice to the powers of the Agency by virtue of section 161(1A)(a) above.
4
Before serving a works notice on any person, the Agency shall reasonably endeavour to consult that person concerning the works or operations which are to be specified in the notice.
5
The Secretary of State may by regulations make provision for or in connection with—
a
the form or content of works notices;
b
requirements for consultation, before the service of a works notice, with persons other than the person on whom that notice is to be served;
c
steps to be taken for the purposes of any consultation required under subsection (4) above or regulations made by virtue of paragraph (b) above; or
d
any other steps of a procedural nature which are to be taken in connection with, or in consequence of, the service of a works notice.
6
A works notice shall not be regarded as invalid, or as invalidly served, by reason only of any failure to comply with the requirements of subsection (4) above or of regulations made by virtue of paragraph (b) of subsection (5) above.
7
Nothing in subsection (1) above shall entitle the Agency to require the carrying out of any works or operations which would impede or prevent the making of any discharge in pursuance of a consent given under Chapter II of Part III of this Act.
8
No works notice shall be served on any person requiring him to carry out any works or operations in respect of water from an abandoned mine or an abandoned part of a mine which that person permitted to reach such a place as is mentioned in subsection (1)(a) above or to enter any controlled waters.
9
Subsection (8) above shall not apply to the owner or former operator of any mine or part of a mine if the mine or part in question became abandoned after 31st December 1999.
10
Subsections (3B) and (3C) of section 89 above shall apply in relation to subsections (8) and (9) above as they apply in relation to subsections (3) and (3A) of that section.
11
Where the Agency—
a
carries out any such investigations as are mentioned in section 161(1) above, and
b
serves a works notice on a person in connection with the matter to which the investigations relate,
it shall (unless the notice is quashed or withdrawn) be entitled to recover the costs or expenses reasonably incurred in carrying out those investigations from that person.
12
The Secretary of State may, if he thinks fit in relation to any person, give directions to the Agency as to whether or how it should exercise its powers under this section.
13
In this section—
“controlled waters” has the same meaning as in Part III of this Act;
“mine” has the same meaning as in the M1Mines and Quarries Act 1954.
Pt. VII (ss. 154-186): Transfer of functions (1.4.1996) to the Agency by 1995 c. 25, s. 2(1)(a)(iv) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3