Water Resources Act 1991

[F1161AB.Works notices: exceptions etcE+W

(1) Nothing in section 161A 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 2 of Part 3 of this Act.

(2)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 enter any controlled waters or to reach a place from which it was likely, in the opinion of the Agency, to enter any controlled waters.

(3)Subsection (2) does not apply to the service of a notice on 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.

(4)Subsections (3B) and (3C) of section 89 apply in relation to subsections (2) and (3) as they apply in relation to subsections (3) and (4A) of that section.

(5)In this section “mine” has the same meaning as in the Mines and Quarries Act 1954.]

Textual Amendments