Part III Control of Pollution of Water Resources

chapter iii POWERS TO PREVENT AND CONTROL POLLUTION

92 Requirements to take precautions against pollution.

(1)

The Secretary of State may by regulations make provision—

(a)

for prohibiting a person from having custody or control of any poisonous, noxious or polluting matter unless prescribed works and prescribed precautions and other steps have been carried out or taken for the purpose of preventing or controlling the entry of the matter into any controlled waters;

(b)

for requiring a person who already has custody or control of, or makes use of, any such matter to carry out such works for that purpose and to take such precautions and other steps for that purpose as may be prescribed.

(2)

Without prejudice to the generality of the power conferred by subsection (1) above, regulations under that subsection may—

(a)

confer power on the F1Agency—

(i)

to determine for the purposes of the regulations the circumstances in which a person is required to carry out works or to take any precautions or other steps; and

(ii)

by notice to that person, to impose the requirement and to specify or describe the works, precautions or other steps which that person is required to carry out or take;

(b)

provide for appeals to the Secretary of State against notices served by the F1Agency in pursuance of provision made by virtue of paragraph (a) above; and

(c)

provide that a contravention of the regulations shall be an offence the maximum penalties for which shall not exceed the penalties specified in subsection (6) of section 85 above.

F2(3)

This section is subject to section 114 of the 1995 Act (delegation or reference of appeals etc).