Part VIIE+W+S Land and Works Powers

Modifications etc. (not altering text)

C1Pt. 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

chapter IE+W+S POWERS OF THE [F1APPROPRIATE AGENCY]

Textual Amendments

[F2Restoration and improvement works for controlled watersE+W

Textual Amendments

161AB.Works notices: exceptions etcE+W

(1) Nothing in section 161A shall entitle the [F3appropriate agency] to require the carrying out of any works or operations which would impede or prevent the making of any discharge in pursuance of [F4an environmental permit] .

(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 [F3appropriate 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.

F5(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

Textual Amendments

Modifications etc. (not altering text)

C2Ss. 161-161D modified by S.I. 2010/675, Sch. 23 Pt. 8 para. 3 Table 9 (as substituted (1.10.2011) by The Environmental Permitting (England and Wales) (Amendment) Regulations 2011 (S.I. 2011/2043), reg. 1(b), Sch. 1)