Rivers (Prevention of Pollution) Act 1961

2Protection while applications are being dealt with

(1)If an application to the river board for their consent under this Act is duly made before the date appointed under section one of this Act (and the application is not disposed of before that date) then, until the application is disposed of.—

(a)it shall not be an offence under subsection (1) of section one of, this Act to make a discharge from the land or premises to which the application relates which is of the nature and composition specified in the application, and which does not, as respects temperature, volume and rate of discharge, exceed the amounts or limits specified in the application, and

(b)no notice shall be given under subsection (5) of section one of this Act imposing any conditions as respects the making of any such discharge.

(2)If an application to the river board for their consent under this Act is duly made before the date appointed under section one of this Act, then, until the application is disposed of, it shall not be an offence under, or a contravention of—

(a)paragraph (a) of subsection (1) of section two of the principal Act, or

(b)any order under section three of the principal Act, or

(c)section eight of the Salmon and Freshwater Fisheries Act, 1923, or

(d)any byelaw under the Sea Fisheries Regulation Acts, 1888 to 1894, or

(e)paragraph 32 of the Third Schedule to the Gas Act, 1948, or section sixty-eight of the Public Health Act 1875 (which relate to pollution from gasworks), to make a discharge from the land or premises to which the application relates which is of the nature and composition specified in the application, and which does not, as respects temperature, volume and rate of discharge, exceed the amounts or limits specified in the application.

(3)If it appears to the river board that the applicant has since the making of the application failed to make proper use of, or to repair or maintain, any purification plant through which the effluent was being passed at the time of the application, then, notwithstanding that any discharge made by him has complied with the requirements of the last foregoing subsection, a magistrates' court may, on the application of the river board, and if the court thinks fit, order that the exemption conferred by that subsection shall be withdrawn from the applicant.

(4)For the purposes of this section an application shall not be regarded as disposed of—

(a)until the river board give their consent to the application, or give notice to the applicant that they refuse to give their consent, and

(b)until a further period of three months beginning with the giving of the consent, or of a notice refusing the consent, has expired,

and if before the expiration of the said period of three months a reference is made under this Act to the Minister in respect of the withholding of consent, or of the unreasonableness of any terms of the consent, the application shall not be regarded as disposed of until the reference to the Minister is withdrawn or determined.