161(1)Section 161 of that Act (anti-pollution works and operations) shall be amended in accordance with the following provisions of this paragraph.E+W+S
(2)In subsection (1) (power, subject to subsection (2), to carry out works and operations etc) for the words “Subject to subsection (2) below,” there shall be substituted the words “Subject to subsections (1A) and (2) below,”.
(3)After that subsection there shall be inserted—
“(1A)Without prejudice to the power of the Agency to carry out investigations under subsection (1) above, the power conferred by that subsection to carry out works and operations shall only be exercisable in a case where—
(a)the Agency considers it necessary to carry out forthwith any works or operations falling within paragraph (a) or (b) of that subsection; or
(b)it appears to the Agency, after reasonable inquiry, that no person can be found on whom to serve a works notice under section 161A below.”