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1A person shall not be guilty of an offence under section 68 of the Public Health Act 1875 (offences of causing pollution of certain waters) in respect of any entry of matter into any controlled waters (within the meaning of Part III of the [1991 c. 57.] Water Resources Act 1991) which occurs—
(a)under and in accordance with a consent under Chapter II of Part III of the Water Resources Act 1991 or under Part II of the [1974 c. 40.] Control of Pollution Act 1974 (which makes corresponding provision for Scotland); or
(b)as a result of any act or omission under and in accordance with such a consent.
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