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PART VN.I.

AGREEMENTS IN LIEU OF APPLICATIONS FOR CONSENTN.I.

Agreements as respects trade premisesN.I.

32 .F1—(1) The Ministry may enter into an agreement with the owner or occupier of any trade premises for the reception, treatment or disposal by the Ministry of any trade effluent produced on those premises.

(2) The reference in paragraph (1) to an agreement includes a reference to an agreement varying or renewing an existing agreement, whether that existing agreement was entered into before or after 1st October 1973.

(3) Where the Ministry proposes to enter into an agreement under this Article with an occupier who is not also the owner of trade premises, the Ministry shall intimate the proposal to the owner who may, within twenty-eight days of receipt of the intimation, make representations in respect of the proposal.

(4) Before the Ministry and such an occupier as is mentioned in paragraph (3) enter into an agreement under this Article, the Ministry shall take into account any representations made by the owner of the premises in question in pursuance of that paragraph.

(5) A discharge of trade effluent which is made in accordance with an agreement under this Article—

(a)shall not otherwise require the consent of the Ministry; and

(b)shall not be reviewed by the direction of the Ministry;

and accordingly Articles 22 to 27 and Article 31 shall not apply to such a discharge.

(6) If the parties to an agreement under this Article have failed to renew the agreement, with or without variation, on or before the date of its expiry, the Ministry may, and if requested by the person making the discharge shall, review the making of the discharge by direction; and Article 27(2) to (5) shall, with any necessary modifications, apply to a direction under this paragraph.

(7) Until a direction has been made under paragraph (6) in respect of an agreement, a discharge may continue to be made in accordance with the agreement.

(8) Any reference in this Article to an occupier includes a reference to a prospective occupier.

F1functions transf. by SR 1999/481