The Control of Pollution (Applications, Appeals and Registers) Regulations 1996

Regulation 7

SCHEDULE 1 DISCHARGE CONSENTS WITHOUT APPLICATIONS

Advertisements

1.  –

(1) Notice of any discharge consent given by the Agency under paragraph 6 of Schedule 10(1) to the Water Resources Act 1991 (discharge consents without applications) shall be published—

(a) in one or more newspapers circulating in—

(i) the locality in which the discharges are made; and

(ii) the locality in which the controlled waters which may be affected by the discharges are situated; and

(b) in the London Gazette.

(2) Subject to sub-paragraph (3) below, the notice shall—

(a) state the name of the person to whom the discharge consent was given;

(b) specify where the discharges are made;

(c) describe briefly the nature of the discharges;

(d) state where the register containing information about the discharges may be inspected, the times at which the register is open for inspection and that the register may be inspected free of charge;

(e) explain that any person may make representations in writing to the Agency, specify when the period allowed for making representations ends and give the address of the Agency to which representations are to be sent.

(3) Nothing in sub-paragraph (1) or (2) above shall require the disclosure of any information which is not to be included in a register by virtue of section 191A or 191B of the Water Resources Act 1991(2) (exclusion from registers of information affecting national security and of certain confidential information).

Timing of advertisements

2.  –

(1) In the case of any discharge consent to which paragraph 1 above applies, advertisements required by sub-paragraph (1) of that paragraph shall be published within the period of 28 days beginning with the relevant date.

(2) Subject to sub-paragraphs (3) and (4), the relevant date in relation to any such discharge consent shall be the date on which it comes into force.

(3) In a case where a matter falls to be determined under section 191A of the Water Resources Act 1991 (exclusion from registers of information affecting national security), the relevant date shall be the date on which the Secretary of State notifies the applicant of his determination.

(4) In a case where a matter falls to be determined under section 191B of the Water Resources Act 1991 (exclusion from registers of certain confidential information), the relevant date shall be—

(a) if the Agency determines under section 191B(4) of that Act that the information in question is commercially confidential, the date on which the Agency notifies the applicant of its decision;

(b) if the Agency determines under section 191B(4) of that Act that the information in question is not commercially confidential—

(i) the date on which the period for appealing expires without an appeal having been made;

(ii) the date on which the Secretary of State notifies the applicant of his final determination of the appeal; or

(iii) the date on which the appeal is withdrawn.

Consultation

3.  –

(1) Subject to sub-paragraph (4) below, copies of the discharge consent shall be sent, within the period of 28 days beginning with the relevant date, to—

(a) every local authority or water undertaker within whose area any of the discharges are made;

(b) each of the Ministers if any of the discharges are made into coastal waters, relevant territorial waters or waters outside the seaward limits of relevant territorial waters;

(c) the harbour authority within the meaning of section 57(1) of the Harbours Act 1964 if any of the discharges are made into a harbour managed by the authority; and

(d) the local fisheries committee, if any of the discharges are made into relevant territorial waters or coastal waters within the sea fisheries district of that committee.

(2) The Agency need only consider representations or objections under paragraph 6(5) of Schedule 10 to the Water Resources Act 1991 which have not been withdrawn if they were made in writing to the Agency within the period allowed under sub-paragraph (3) below.

(3) The period allowed for making representations or objections is—

(a) in the case of a person who is required to be consulted under sub-paragraph (1) above, the period of six weeks beginning with the date on which a copy of the discharge consent is sent to him; and

(b) in the case of any other person, the period of six weeks beginning with the last date on which the making of the application was advertised under paragraph 1(1) above.

(4) Nothing in sub-paragraph (1) above shall require the disclosure in relation to any of the bodies mentioned in sub-paragraph (1)(a), (c) or (d) of any information which is not to be included in a register by virtue of section 191A or 191B of the Water Resources Act 1991 (exclusion from registers of information affecting national security and of certain confidential information).

(5) In this paragraph, “the relevant date”, in relation to a discharge consent, has the same meaning as it has in paragraph 2 above.

(1)

Substituted by paragraph 183 of Schedule 22 to the Environment Act 1995.

(2)

Inserted by paragraph 170 of Schedule 22 to the Environment Act 1995.