Water Industry Act 1991

References and reviews relating to special category effluentE+W

132 Powers and procedure on references and reviews.E+W

(1)This section applies to—

(a)any reference to [F1the [F2appropriate agency]] under section 120, 123 or 130 above; and

(b)any review by [F1the [F2appropriate agency]] under section 127 or 131 above.

(2)On a reference or review to which this section applies, it shall be the duty of [F1the [F3appropriate agency]], before determining the questions which are the subject-matter of the reference or review—

(a)to give an opportunity of making representations or objections to F4[the [F5appropriate agency]]—

[F6(ai)where the Environment Agency is the appropriate agency, to the NRBW if the discharge or proposed discharge of special category effluent is from trade premises in England;

(bi)where the NRBW is the appropriate agency, to the Environment Agency if the discharge or proposed discharge of special category effluent is from trade premises in Wales;]

(i)to the sewerage undertaker in question; and

(ii)to the following person, that is to say, the owner or the occupier of the trade premises in question, according to whether it is the owner or the occupier of those premises who is proposing to be, or is, the person making the discharges or, as the case may be, a party to the agreement;

and

(b)to consider any representations or objections which are duly made to [F7the [F8appropriate agency]] with respect to those questions by a person to whom [F7the [F8appropriate agency]] is required to give such an opportunity and which are not withdrawn.

(3)On determining any question on a reference or review to which this section applies, F9[the [F10appropriate agency]] shall serve notice on [F11any person consulted under subsection (2)(a)] above.

(4)A notice under this section shall state, according to what has been determined-

(a)that the discharges or operations to which, or to the proposals for which, the reference or review relates, or such of them as are specified in the notice, are to be prohibited; or

(b)that those discharges or operations, or such of them as are so specified, are to be prohibited except in so far as they are made or carried out in accordance with conditions which consist in or include conditions so specified; or

(c)that F12[the [F13appropriate agency]] has no objection to those discharges or operations and does not intend to impose any requirements as to the conditions on which they are made or carried out.

(5)Without prejudice to section 133 below, a notice under this section, in addition to containing such provision as is specified in sub-paragraph (4) above, may do one or both of the following, that is to say—

(a)vary or revoke the provisions of a previous notice with respect to the discharges or operations in question; and

(b)for the purpose of giving effect to any prohibition or other requirement contained in the notice, vary or revoke any consent under this Chapter or any agreement under section 129 above.

(6)Nothing in subsection (1) or (2) of section 121 above shall be construed as restricting the power of [F14the appropriate agency], by virtue of subsection (4)(b) above, to specify such conditions as [F14the appropriate agency] considers appropriate in a notice under this section.

F15(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8)F16[The [F17appropriate agency]] shall send a copy of every notice served under this section to the Director.

133 Effect of determination on reference or review.E+W

(1)Where a notice under section 132 above has been served on a sewerage undertaker, it shall be the duty—

(a)of the undertaker; and

(b)in relation to that undertaker, of the Director,

so to exercise the powers to which this section applies as to secure compliance with the provisions of the notice.

(2)This paragraph applies to the following powers, that is to say-

(a)in relation to a sewerage undertaker, its power to give a consent under this Chapter, any of its powers under section 121 or 124 above and any power to enter into or vary an agreement under section 129 above; and

(b)in relation to the Director, any of his powers under this Chapter.

(3)Nothing in subsection (1) or (2) of section 121 above shall be construed as restricting the power of a sewerage undertaker, for the purpose of complying with this section, to impose any condition specified in a notice under section 132 above.

F18[(5)A sewerage undertaker which fails to perform its duty under subsection (1) above shall be guilty of an offence and liable—

(a)on summary conviction, to a fine not exceeding the statutory maximum;

(b)on conviction on indictment, to a fine.

(6)The [F19appropriate agency] may, for the purpose of securing compliance with the provisions of a notice under section 132 above, by serving notice on [F20any person consulted under section 132(2)(a)] above, vary or revoke—

(a)any consent given under this Chapter to make discharges of any special category effluent, or

(b)any agreement under section 129 above.]

134 Compensation in respect of determinations made for the protection of public health etc.E+W

(1)Subject to subsection (2) below, [F21the [F22appropriate agency]] shall be liable to pay compensation to the relevant person in respect of any loss or damage sustained by that person as a result of any notice under section 132 above containing [F21the [F22appropriate agency's]] determination on a review which—

(a)has been carried out for the protection of public health or of flora and fauna dependent on an aquatic environment; and

(b)but for being so carried out would have been prohibited by virtue of section 127(2) or 131(2) above.

(2)[F21The [F23appropriate agency]] shall not be required to pay any compensation under this section if the determination in question is shown to have been given in consequence of—

(a)a change of circumstances which could not reasonably have been foreseen at the time when the period of two years mentioned in section 127(2) or, as the case may be, section 131(2) above began to run; or

(b)consideration by [F21the [F23appropriate agency]] of material information which was not reasonably available to [F24the appropriate agency] at that time.

(3)No person shall be entitled to any compensation under section 125 above in respect of anything done in pursuance of section 133 above.

(4)In this section “the relevant person”, in relation to a review, means the owner or the occupier of the trade premises in question, according to whether it is the owner or the occupier who makes the discharges to which the review relates or, as the case may be, is a party to the agreement to which it relates.