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Changes over time for: Section 88


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Version Superseded: 30/10/2009
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Point in time view as at 22/07/2008. This version of this provision has been superseded.

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88 Defence to principal offences in respect of authorised discharges.E+W
(1)Subject to the following provisions of this section, a person shall not be guilty of an offence under section 85 above in respect of the entry of any matter into any waters or any discharge if the entry occurs or the discharge is made under and in accordance with, or as a result of any act or omission under and in accordance with—
(a)a consent given under this Chapter or under Part II of the Control of Pollution Act 1974 (which makes corresponding provision for Scotland);
(aa). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b)an authorisation for a prescribed process designated for central control granted under Part I of the Environmental Protection Act 1990;
[(c)a permit granted under the Environmental Permitting (England and Wales) Regulations 2007, except insofar as it authorises a Part B activity within the meaning of those Regulations;]
(d)a licence granted under Part II of the Food and Environment Protection Act 1985;
(e)section 163 below or section 165 of the Water Industry Act 1991 (discharges for works purposes);
(f)any local statutory provision or statutory order which expressly confers power to discharge effluent into water; or
(g)any prescribed enactment.
(2)Schedule 10 to this Act shall have effect, subject to section 91 below, with respect to the making of applications for consents under this Chapter for the purposes of subsection (1)(a) above and with respect to the giving, revocation and modification of such consents.
(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4)In this section—
Textual Amendments
Modifications etc. (not altering text)
Marginal Citations
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