Control of Pollution (Discharges by the National Rivers Authority) Regulations 1989

JurisdictionUK Non-devolved
CitationSI 1989/1157
Year1989

1989No. 1157

WATER, ENGLAND AND WALES

The Control of Pollution (Discharges by the National Rivers

Authority) Regulations 1989

6thJuly1989

7thJuly1989

1stSeptember1989

The Secretary of State for the Environment, as respects England, and the Secretary of State for Wales, as respects Wales, in exercise of the powers conferred on them by section 113(2) and (3) of, 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 (Discharges by the National Rivers Authority) Regulations 1989 and shall come into force on 1st September 1989.

Consents for discharges by the National Rivers Authority

2. Consents required by the National Rivers Authority for the purposes of section 108(1)(a) of the Act (authority for discharges and other defences for the purposes of section 107) shall be given by the Secretary of State (instead of by the Authority) and, accordingly, the provisions of Schedule 12 to the Act shall apply in relation to cases in which consents are so required with the modifications specified in Schedule 1 to these Regulations.

Modifications

3. Schedule 2 to these Regulations reproduces Schedule 12 to the Act with the modifications set out in Schedule 1 hereto.

Signed by authority of the Secretary of State

Michael Howard

Minister for Water and Planning,

6th July 1989

Department of the Environment

Peter Walker

6th July 1989

Secretary of State for Wales

(a) 1989 c.15; and see the definition of "prescribed" in section 189(1).

SCHEDULE 1

Regulation 2

MODIFICATIONS OF SCHEDULE 12 TO THE ACT

Schedule 12 to the Act shall have effect in relation to discharges by the Authority subject to the following modifications -

(1) paragraph 1 shall apply as if-

(a) in sub-paragraphs (1) and (2), for the words "the Authority" (wherever they appear) there were substituted the words "the Secretary of State" ;

(b) for sub-paragraph (3)(d) there were substituted the following sub-paragraph-

"(d) in the case of an application which relates to proposed discharges into coastal waters or relevant territorial waters in or adjacent to England, send a copy of the application to the Minister; " ;

(c) after sub-paragraph (3)(d) there were inserted the words- " and the notice published by virtue of paragraph (a) or (b) above shall contain the statement "representations or objections with respect to the application may be made in writing to the Secretary of State" . " ;

(d) sub-paragraphs (4) to (6) were omitted; and

(e) in sub-paragraph (7)-

(i) for the words "a person who" and "that person" there were substituted the words "the Authority" ;

(ii) immediately after the words in brackets there were added the word "and" ;

(2) paragraph 2 shall apply as if-

(a) for sub-paragraph (1) there were substituted the following sub-paragraph-

" (1) The Secretary of State may give the consent applied for, either unconditionally or subject to conditions, or refuse it. " ;

(b) sub-paragraph (2) were omitted;

(c) in sub-paragraph (3) for the words "the Authority" (in both places where they appear) there were substituted the words "the Secretary of State" ; and

(d) sub-paragraph (4) were omitted;

(3) paragraph 3 shall be omitted;

(4) paragraph 4 shall apply as if-

(a) sub-paragraphs (1) to (3) were omitted;

(b) in sub-paragraph (4)-

(i) for the words from the beginning to paragraph (a) there were substituted the words

Before determining an application the Secretary of State may, " if he has received representations or objections in response to the notice which the Authority is required to publish by paragraph 1(3) and shall, if a request to be heard is made to him by the Authority within 10 weeks after the date on which a copy of the notice was...

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