Water Resources Act 1991

[F1 161ZC. Sections 161 to 161ZB: supplementary E+W

(1)  Nothing in sections 161 to 161ZB shall entitle the Agency to impede or prevent the making of any discharge in pursuance of [F2 an environmental permit] .

(2) Where the Agency carries out any works, operations or investigations under any of the powers conferred by section 161 or 161ZA it shall, subject to subsection (3), be entitled to recover the expenses reasonably incurred in doing so from any responsible person (within the meaning of the section conferring the powers in question).

(3) No expenses are recoverable from a person for any works, operations or investigations 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.

(4) Subsection (3) does 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.

F3 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) Nothing in sections 161, 161ZA and 161ZB—

(a) derogates from any right of action or other remedy (whether civil or criminal) in proceedings instituted otherwise than under any of those sections; or

(b) affects any restriction imposed by or under any other enactment, whether public local or private.

(7) In this section—

• “expenses” includes costs;

• “mine” has the same meaning as in the Mines and Quarries Act 1954;

• “works notice” means a notice under section 161A.

(8) In sections 161, 161ZA and 161ZB and this section “controlled waters” has the same meaning as in Part 3 of this Act and in sections 161ZA and 161ZB, and “Water Framework Directive” has the same meaning as in section 93(7) of this Act.]

Textual Amendments

F1 Ss. 161-161AB substituted for s. 161 (22.12.2009) by Water Resources Act 1991 (Amendment) (England and Wales) Regulations 2009 (S.I. 2009/3104), regs. 1(c), 5 (with reg. 7)

F2 Words in s. 161ZC(1) substituted (6.4.2010) by The Environmental Permitting (England and Wales) Regulations 2010 (S.I. 2010/675), reg. 1(1)(b), Sch. 26 para. 8(8)(a) (with reg. 1(2), Sch. 4)

F3 S. 161ZC(5) repealed (6.4.2010) by The Environmental Permitting (England and Wales) Regulations 2010 (S.I. 2010/675), reg. 1(1)(b), Sch. 26 para. 8(2)(m), Sch. 28 (with reg. 1(2), Sch. 4)

Modifications etc. (not altering text)

C1 Ss. 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)