Control of Pollution (Consents for Discharges etc.) (Secretary of State Functions) Regulations 1989
| Jurisdiction | UK Non-devolved |
| Citation | SI 1989/1151 |
1989 No. 1151
WATER, ENGLAND AND WALES
The Control of Pollution (Consents for Discharges etc.)
(Secretary of State Functions) Regulations 1989
6thJuly 1989
7thJuly 1989
1stSeptember 1989
The Secretary of State for the Environment and the Secretary of State for Wales, acting jointly in exercise of the powers conferred on them by section 185(2)(e) of, and paragraphs 1(7), 3(3), 4(3), 4(5), 4(9) and 8(3) of Schedule 12 to the Water Act 1989 (a), and of all other powers enabling them in that behalf, hereby make the following Regulations:
Citation and commencement
1. These Regulations may be cited as the Control of Pollution (Consents for Discharges etc.) (Secretary of State Functions) Regulations 1989 and shall come into force on 1st September 1989.
Interpretation
2. In these Regulations-
"the 1989 Act" means the Water Act 1989;
"application for consent" means an application for a consent for the purposes of section 108 of the 1989 Act (authority for discharges and other defences for the purposes of section 107) for any discharge;
"transmitted application" means an application for consent which is transmitted to the Secretary of State for determination pursuant to a direction under paragraph 4(1) of Schedule 12 to the 1989 Act; and
any reference in these Regulations to a numbered paragraph is, except where the context otherwise requires, a reference to that paragraph of Schedule 12 to the 1989 Act.
Requests for directions to transmit
3.-(1) A request to the Secretary of State pursuant to paragraph 3(3) to direct that an application for consent be transmitted to him for determination shall be made by submitting to the Secretary of State-
(a) a copy of the notice served by the National Rivers Authority ("the Authority") pursuant to paragraph 3(2) on the person making the request and a copy of any notice of the application published pursuant to paragraph 1(3); or(b) a written statement-(i) of the name of the applicant for the consent;(ii) of a reference number or letter identifying the relevant application;(iii) identifying the land from which, and the waters into or land on to which, the discharge for which consent is sought is to be made;(iv) describing the effluent or other matter to which the consent is to relate;together with a request that the Secretary of State give a direction under paragraph 4(1) and a statement of the reasons why the applicant considers that his request should be granted.
(2) A copy of any request and of the documents or statement sent with it shall be sent to the Authority at the same time as the request is made.
Publicity for transmitted applications
4.-(1) In relation to a transmitted application, paragraph 1(3) to (6) shall have effect with the following modifications-
(a) where at the date of the giving of the direction to transmit the application to the Secretary of State for determination by him the Authority has not discharged its duty under sub-paragraphs (a) and (b) of paragraph 1(3), those sub-paragraphs shall apply as if they referred to a duty to publish, if so directed by the Secretary of State, a notice in the form set out in the Schedule to these Regulations (a "notice of reference"), and not a duty to publish notice of the application;(b) where the Authority publishes a notice of reference-(i) paragraph 1(3)(c) and (d) shall apply as if they referred to copies of that notice and of the application; and(ii) paragraph 1(5) shall apply as if it imposed a duty on the Secretary of State to consider all representations made to him within a period of six weeks beginning with the date on which the notice...To continue reading
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