SCHEDULES

SCHEDULE 15 Consequential and Minor Amendments of Enactments

Exclusion of Water Act 1989 controls of exercise of trade effluent functions in case of prescribed processes

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1

Section 74 of the M1Water Act 1989 (control by Secretary of State of exercise of trade effluent functions in certain cases) shall be amended as follows.

2

In subsection (1), after the word “shall” there shall be inserted the words “subject to subsection (3) below”.

3

After subsection (2), there shall be inserted the following subsections—

3

The provisions of Schedule 9 shall not apply in relation to any trade effluent produced or to be produced in any process which is a prescribed process designated for central control as from the date which is the determination date for that process.

4

The “determination date” for a prescribed process is—

a

in the case of a process for which an authorisation is granted, the date on which the enforcing authority grants it, whether in pursuance of the application or, on an appeal, of a direction to grant it;

b

in the case of a process for which an authorisation is refused, the date of the refusal or, on an appeal, of the affirmation of the refusal.

5

In this section, “authorisation”, “enforcing authority” and “prescribed process” have the meaning given in section 1 of the Environmental Protection Act 1990 and the references to designation for central control and an appeal are references respectively to designation under section 4 and an appeal under section 15 of that Act.