Water Resources Act 1991

Part IIIControl of Pollution of Water Resources

Chapter IQuality Objectives

82Classification of quality of waters

(1)The Secretary of State may, in relation to any description of controlled waters (being a description applying to some or all of the waters of a particular class or of two or more different classes), by regulations prescribe a system of classifying the quality of those waters according to criteria specified in the regulations.

(2)The criteria specified in regulations under this section in relation to any classification shall consist of one or more of the following, that is to say—

(a)general requirements as to the purposes for which the waters to which the classification is applied are to be suitable;

(b)specific requirements as to the substances that are to be present in or absent from the water and as to the concentrations of substances which are or are required to be present in the water;

(c)specific requirements as to other characteristics of those waters;

and for the purposes of any such classification regulations under this section may provide that the question whether prescribed requirements are satisfied may be determined by reference to such samples as may be prescribed.

83Water quality objectives

(1)For the purpose of maintaining and improving the quality of controlled waters the Secretary of State may, by serving a notice on the Authority specifying—

(a)one or more of the classifications for the time being prescribed under section 82 above; and

(b)in relation to each specified classification, a date,

establish the water quality objectives for any waters which are, or are included in, waters of a description prescribed for the purposes of that section.

(2)The water quality objectives for any waters to which a notice under this section relates shall be the satisfaction by those waters, on and at all times after each date specified in the notice, of the requirements which at the time of the notice were the requirements for the classification in relation to which that date is so specified.

(3)Where the Secretary of State has established water quality objectives under this section for any waters he may review objectives for those waters if—

(a)five years or more have elapsed since the service of the last notice under subsection (1) or (6) of this section to be served in respect of those waters; or

(b)the Authority, after consultation with such water undertakers and other persons as it considers appropriate, requests a review;

and the Secretary of State shall not exercise his power to establish objectives for any waters by varying the existing objectives for those waters except in consequence of such a review.

(4)Where the Secretary of State proposes to exercise his power under this section to establish or vary the objectives for any waters he shall—

(a)give notice setting out his proposal and specifying the period (not being less than three months from the date of publication of the notice) within which representations or objections with respect to the proposal may be made; and

(b)consider any representations or objections which are duly made and not withdrawn;

and, if he decides, after considering any such representations or objections, to exercise his power to establish or vary those objectives, he may do so either in accordance with the proposal contained in the notice or in accordance with that proposal as modified in such manner as he considers appropriate.

(5)A notice under subsection (4) above shall be given—

(a)by publishing the notice in such manner as the Secretary of State considers appropriate for bringing it to the attention of persons likely to be affected by it; and

(b)by serving a copy of the notice on the Authority.

(6)If, on a review under this section or in consequence of any representations or objections made following such a review for the purposes of subsection (4) above, the Secretary of State decides that the water quality objectives for any waters should remain unchanged, he shall serve notice of that decision on the Authority.

84General duties to achieve and maintain objectives etc

(1)It shall be the duty of the Secretary of State and of the Authority to exercise the powers conferred on him or it by or under the water pollution provisions of this Act (other than the preceding provisions of this Chapter and sections 104 and 192 below) in such manner as ensures, so far as it is practicable by the exercise of those powers to do so, that the water quality objectives specified for any waters in—

(a)a notice under section 83 above; or

(b)a notice under section 30C of the [1974 c. 40.] Control of Pollution Act 1974 (which makes corresponding provision for Scotland),

are achieved at all times.

(2)It shall be the duty of the Authority, for the purposes of the carrying out of its functions under the water pollution provisions of this Act—

(a)to monitor the extent of pollution in controlled waters; and

(b)to consult, in such cases as it may consider appropriate, with river purification authorities in Scotland.

Chapter IIPollution Offences

Principal offences

85Offences of polluting controlled waters

(1)A person contravenes this section if he causes or knowingly permits any poisonous, noxious or polluting matter or any solid waste matter to enter any controlled waters.

(2)A person contravenes this section if he causes or knowingly permits any matter, other than trade effluent or sewage effluent, to enter controlled waters by being discharged from a drain or sewer in contravention of a prohibition imposed under section 86 below.

(3)A person contravenes this section if he causes or knowingly permits any trade effluent or sewage effluent to be discharged—

(a)into any controlled waters; or

(b)from land in England and Wales, through a pipe, into the sea outside the seaward limits of controlled waters.

(4)A person contravenes this section if he causes or knowingly permits any trade effluent or sewage effluent to be discharged, in contravention of any prohibition imposed under section 86 below, from a building or from any fixed plant—

(a)on to or into any land; or

(b)into any waters of a lake or pond which are not inland freshwaters.

(5)A person contravenes this section if he causes or knowingly permits any matter whatever to enter any inland freshwaters so as to tend (either directly or in combination with other matter which he or another person causes or permits to enter those waters) to impede the proper flow of the waters in a manner leading, or likely to lead, to a substantial aggravation of—

(a)pollution due to other causes; or

(b)the consequences of such pollution.

(6)Subject to the following provisions of this Chapter, a person who contravenes this section or the conditions of any consent given under this Chapter for the purposes of this section shall be guilty of an offence and liable—

(a)on summary conviction, to imprisonment for a term not exceeding three months or to a fine not exceeding £20,000 or to both;

(b)on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine or to both.

86Prohibition of certain discharges by notice or regulations

(1)For the purposes of section 85 above a discharge of any effluent or other matter is, in relation to any person, in contravention of a prohibition imposed under this section if, subject to the following provisions of this section—

(a)the Authority has given that person notice prohibiting him from making or, as the case may be, continuing the discharge; or

(b)the Authority has given that person notice prohibiting him from making or, as the case may be, continuing the discharge unless specified conditions are observed, and those conditions are not observed.

(2)For the purposes of section 85 above a discharge of any effluent or other matter is also in contravention of a prohibition imposed under this section if the effluent or matter discharged—

(a)contains a prescribed substance or a prescribed concentration of such a substance; or

(b)derives from a prescribed process or from a process involving the use of prescribed substances or the use of such substances in quantities which exceed the prescribed amounts.

(3)Nothing in subsection (1) above shall authorise the giving of a notice for the purposes of that subsection in respect of discharges from a vessel; and nothing in any regulations made by virtue of subsection (2) above shall require any discharge from a vessel to be treated as a discharge in contravention of a prohibition imposed under this section.

(4)A notice given for the purposes of subsection (1) above shall expire at such time as may be specified in the notice.

(5)The time specified for the purposes of subsection (4) above shall not be before the end of the period of three months beginning with the day on which the notice is given, except in a case where the Authority is satisfied that there is an emergency which requires the prohibition in question to come into force at such time before the end of that period as may be so specified.

(6)Where, in the case of such a notice for the purposes of subsection (1) above as (but for this subsection) would expire at a time at or after the end of the said period of three months, an application is made before that time for a consent under this Chapter in respect of the discharge to which the notice relates, that notice shall be deemed not to expire until the result of the application becomes final—

(a)on the grant or withdrawal of the application;

(b)on the expiration, without the bringing of an appeal with respect to the decision on the application, of any period prescribed as the period within which any such appeal must be brought; or

(c)on the withdrawal or determination of any such appeal.

87Discharges into and from public sewers etc

(1)For the purposes of section 85 above where—

(a)any sewage effluent is discharged as mentioned in subsection (3) or (4) of that section from any sewer or works vested in a sewerage undertaker; and

(b)the undertaker did not cause or knowingly permit the discharge but was bound (either unconditionally or subject to conditions which were observed) to receive into the sewer or works matter included in the discharge,

the undertaker shall be deemed to have caused the discharge.

(2)A sewerage undertaker shall not be guilty of an offence under section 85 above by reason only of the fact that a discharge from a sewer or works vested in the undertaker contravenes conditions of a consent relating to the discharge if—

(a)the contravention is attributable to a discharge which another person caused or permitted to be made into the sewer or works;

(b)the undertaker either was not bound to receive the discharge into the sewer or works or was bound to receive it there subject to conditions which were not observed; and

(c)the undertaker could not reasonably have been expected to prevent the discharge into the sewer or works.

(3)A person shall not be guilty of an offence under section 85 above in respect of a discharge which he caused or permitted to be made into a sewer or works vested in a sewerage undertaker if the undertaker was bound to receive the discharge there either unconditionally or subject to conditions which were observed.

88Defence to principal offences in respect of authorised discharges

(1)Subject to the following provisions of this section, a person shall not be guilty of an offence under section 85 above in respect of the entry of any matter into any waters or any discharge if the entry occurs or the discharge is made under and in accordance with, or as a result of any act or omission under and in accordance with—

(a)a consent given under this Chapter or under Part II of the [1974 c. 40.] Control of Pollution Act 1974 (which makes corresponding provision for Scotland);

(b)an authorisation for a prescribed process designated for central control granted under Part I of the [1990 c. 43.] Environmental Protection Act 1990;

(c)a waste management or disposal licence;

(d)a licence granted under Part II of the [1985 c. 48.] Food and Environment Protection Act 1985;

(e)section 163 below or section 165 of the [1991 c. 56.] Water Industry Act 1991 (discharges for works purposes);

(f)any local statutory provision or statutory order which expressly confers power to discharge effluent into water; or

(g)any prescribed enactment.

(2)Schedule 10 to this Act shall have effect, subject to section 91 below, with respect to the making of applications for consents under this Chapter for the purposes of subsection (1)(a) above and with respect to the giving, revocation and modification of such consents.

(3)Nothing in any disposal licence shall be treated for the purposes of subsection (1) above as authorising—

(a)any such entry or discharge as is mentioned in subsections (2) to (4) of section 85 above; or

(b)any act or omission so far as it results in any such entry or discharge.

(4)In this section—

• “disposal licence” means a licence issued in pursuance of section 5 of the Control of Pollution Act 1974;

• “statutory order” means—

  (a)

  any order under section 168 below or section 167 of the Water Industry Act 1991 (compulsory works orders); or

  (b)

  any order, byelaw, scheme or award made under any other enactment, including an order or scheme confirmed by Parliament or brought into operation in accordance with special parliamentary procedure;

  and

• “waste management licence” means such a licence granted under Part II of the the [1990 c. 43.] Environmental Protection Act 1990.

89Other defences to principal offences

(1)A person shall not be guilty of an offence under section 85 above in respect of the entry of any matter into any waters or any discharge if—

(a)the entry is caused or permitted, or the discharge is made, in an emergency in order to avoid danger to life or health;

(b)that person takes all such steps as are reasonably practicable in the circumstances for minimising the extent of the entry or discharge and of its polluting effects; and

(c)particulars of the entry or discharge are furnished to the Authority as soon as reasonably practicable after the entry occurs.

(2)A person shall not be guilty of an offence under section 85 above by reason of his causing or permitting any discharge of trade or sewage effluent from a vessel.

(3)A person shall not be guilty of an offence under section 85 above by reason only of his permitting water from an abandoned mine to enter controlled waters.

(4)A person shall not, otherwise than in respect of the entry of any poisonous, noxious or polluting matter into any controlled waters, be guilty of an offence under section 85 above by reason of his depositing the solid refuse of a mine or quarry on any land so that it falls or is carried into inland freshwaters if—

(a)he deposits the refuse on the land with the consent of the Authority;

(b)no other site for the deposit is reasonably practicable; and

(c)he takes all reasonably practicable steps to prevent the refuse from entering those inland freshwaters.

(5)A highway authority or other person entitled to keep open a drain by virtue of section 100 of the [1980 c. 66.] Highways Act 1980 shall not be guilty of an offence under section 85 above by reason of his causing or permitting any discharge to be made from a drain kept open by virtue of that section unless the discharge is made in contravention of a prohibition imposed under section 86 above.

(6)In this section “mine” and “quarry” have the same meanings as in the [1954 c. 70.] Mines and Quarries Act 1954.

Offences in connection with deposits and vegetation in rivers

90Offences in connection with deposits and vegetation in rivers

(1)A person shall be guilty of an offence under this section if, without the consent of the Authority, he—

(a)removes from any part of the bottom, channel or bed of any inland freshwaters a deposit accumulated by reason of any dam, weir or sluice holding back the waters; and

(b)does so by causing the deposit to be carried away in suspension in the waters.

(2)A person shall be guilty of an offence under this section if, without the consent of the Authority, he—

(a)causes or permits a substantial amount of vegetation to be cut or uprooted in any inland freshwaters, or to be cut or uprooted so near to any such waters that it falls into them; and

(b)fails to take all reasonable steps to remove the vegetation from those waters.

(3)A person guilty of an offence under this section shall be liable, on summary conviction, to a fine not exceeding level 4 on the standard scale.

(4)Nothing in subsection (1) above applies to anything done in the exercise of any power conferred by or under any enactment relating to land drainage, flood prevention or navigation.

(5)In giving a consent for the purposes of this section the Authority may make the consent subject to such conditions as it considers appropriate.

(6)The Secretary of State may by regulations provide that any reference to inland freshwaters in subsection (1) or (2) above shall be construed as including a reference to such coastal waters as may be prescribed.

Appeals in respect of consents under Chapter II

91Appeals in respect of consents under Chapter II

(1)This section applies where the Authority, otherwise than in pursuance of a direction of the Secretary of State—

(a)on an application for a consent under this Chapter for the purposes of section 88(1)(a) above, has refused a consent for any discharges;

(b)in giving a discharge consent, has made that consent subject to conditions;

(c)has revoked a discharge consent, modified the conditions of any such consent or provided that any such consent which was unconditional shall be subject to conditions;

(d)has, for the purposes of paragraph 7(1) or (2) of Schedule 10 to this Act, specified a period in relation to a discharge consent without the agreement of the person who proposes to make, or makes, discharges in pursuance of that consent;

(e)has refused a consent for the purposes of section 89(4)(a) above for any deposit; or

(f)has refused a consent for the purposes of section 90 above for the doing of anything by any person or, in giving any such consent, made that consent subject to conditions.

(2)The person, if any, who applied for the consent in question, or any person whose deposits, discharges or other conduct is or would be authorised by the consent may appeal against the decision to the Secretary of State.

(3)The Secretary of State may by regulations provide for the conduct and disposal of appeals under this section.

(4)Without prejudice to the generality of the power conferred by subsection (3) above, regulations under that subsection may, with prescribed modifications, apply any provision of paragraphs 1(3) to (6), 2(1) and 4(4) to (6) of Schedule 10 to this Act in relation to appeals under this section.

(5)If, on an appeal under this section the Secretary of State is of the opinion that the decision of the Authority should be modified or reversed, he may give the Authority such directions as he thinks appropriate for requiring it—

(a)to give a consent, either unconditionally or, in the case of a discharge consent or a consent for the purposes of section 90 above, subject to such conditions as may be specified in the direction;

(b)to modify the conditions of any discharge consent or any consent for the purposes of section 90 above or to provide that any discharge consent which is unconditional shall be subject to such conditions as may be specified in the direction;

(c)to modify in accordance with the direction any provision specifying a period for the purposes of paragraph 7 of Schedule 10 to this Act.

(6)In complying with a direction under subsection (5) above to give a consent the Authority shall not be required to comply with any requirement imposed by paragraph 3 of Schedule 10 to this Act.

(7)Nothing in any direction under subsection (5) above or in anything done in pursuance of any such direction shall be taken to affect the lawfulness or validity of anything which was done—

(a)in pursuance of any decision of the Authority which is to be modified or reversed under the direction; and

(b)before the direction is complied with.

(8)In this section “discharge consent” means such a consent under this Chapter for any discharges or description of discharges as is given for the purposes of section 88(1)(a) above either on an application for a consent or, by virtue of paragraph 5 of Schedule 10 to this Act, without such an application having been made.

Chapter IIIPowers to Prevent and Control Pollution

92Requirements to take precautions against pollution

(1)The Secretary of State may by regulations make provision—

(a)for prohibiting a person from having custody or control of any poisonous, noxious or polluting matter unless prescribed works and prescribed precautions and other steps have been carried out or taken for the purpose of preventing or controlling the entry of the matter into any controlled waters;

(b)for requiring a person who already has custody or control of, or makes use of, any such matter to carry out such works for that purpose and to take such precautions and other steps for that purpose as may be prescribed.

(2)Without prejudice to the generality of the power conferred by subsection (1) above, regulations under that subsection may—

(a)confer power on the Authority—

(i)to determine for the purposes of the regulations the circumstances in which a person is required to carry out works or to take any precautions or other steps; and

(ii)by notice to that person, to impose the requirement and to specify or describe the works, precautions or other steps which that person is required to carry out or take;

(b)provide for appeals to the Secretary of State against notices served by the Authority in pursuance of provision made by virtue of paragraph (a) above; and

(c)provide that a contravention of the regulations shall be an offence the maximum penalties for which shall not exceed the penalties specified in subsection (6) of section 85 above.

93Water protection zones

(1)Where the Secretary of State considers, after consultation (in the case of an area wholly or partly in England) with the Minister, that subsection (2) below is satisfied in relation to any area, he may by order make provision—

(a)designating that area as a water protection zone; and

(b)prohibiting or restricting the carrying on in the designated area of such activities as may be specified or described in the order.

(2)For the purposes of subsection (1) above this subsection is satisfied in relation to any area if (subject to subsection (3) below) it is appropriate, with a view to preventing or controlling the entry of any poisonous, noxious or polluting matter into controlled waters, to prohibit or restrict the carrying on in that area of activities which the Secretary of State considers are likely to result in the pollution of any such waters.

(3)The reference in subsection (2) above to the entry of poisonous, noxious or polluting matter into controlled waters shall not include a reference to the entry of nitrate into controlled waters as a result of, or of anything done in connection with, the use of any land for agricultural purposes

(4)Without prejudice to the generality of the power conferred by virtue of subsection (1) above, an order under this section may—

(a)confer power on the Authority to determine for the purposes of the order the circumstances in which the carrying on of any activities is prohibited or restricted and to determine the activities to which any such prohibition or restriction applies;

(b)apply a prohibition or restriction in respect of any activities to cases where the activities are carried on without the consent of the Authority or in contravention of any conditions subject to which any such consent is given;

(c)provide that a contravention of a prohibition or restriction contained in the order or of a condition of a consent given for the purposes of any such prohibition or restriction shall be an offence the maximum penalties for which shall not exceed the penalties specified in subsection (6) of section 85 above;

(d)provide (subject to any regulations under section 96 below) for anything falling to be determined under the order by the Authority to be determined in accordance with such procedure and by reference to such matters and to the opinion of such persons as may be specified in the order;

(e)make different provision for different cases, including different provision in relation to different persons, circumstances or localities; and

(f)contain such supplemental, consequential and transitional provision as the Secretary of State considers appropriate.

(5)The power of the Secretary of State to make an order under this section shall be exercisable by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament; but the Secretary of State shall not make such an order except on an application made by the Authority in accordance with Schedule 11 to this Act and otherwise in accordance with that Schedule.

94Nitrate sensitive areas

(1)Where the relevant Minister considers that it is appropriate to do so with a view to achieving the purpose specified in subsection (2) below in relation to any land, he may by order make provision designating that land, together with any other land to which he considers it appropriate to apply the designation, as a nitrate sensitive area.

(2)The purpose mentioned in subsection (1) above is preventing or controlling the entry of nitrate into controlled waters as a result of, or of anything done in connection with, the use for agricultural purposes of any land.

(3)Where it appears to the relevant Minister, in relation to any area which is or is to be designated by an order under this section as a nitrate sensitive area, that it is appropriate for provision for the imposition of requirements, prohibitions or restrictions to be contained in an order under this section (as well as for him to be able to enter into such agreements as are mentioned in section 95 below), he may, by a subsequent order under this section or, as the case may be, by the order designating that area—

(a)with a view to achieving the purpose specified in subsection (2) above, require, prohibit or restrict the carrying on, either on or in relation to any agricultural land in that area, of such activities as may be specified or described in the order; and

(b)provide for such amounts (if any) as may be specified in or determined under the order to be paid by one of the Ministers, to such persons as may be so specified or determined, in respect of the obligations imposed in relation to that area on those persons by virtue of paragraph (a) above.

(4)Without prejudice to the generality of subsection (3) above, provision contained in an order under this section by virtue of that subsection may—

(a)confer power on either of the Ministers to determine for the purposes of the order the circumstances in which the carrying on of any activities is required, prohibited or restricted and to determine the activities to which any such requirement, prohibition or restriction applies;

(b)provide for any requirement to carry on any activity not to apply in cases where one of the Ministers has consented to a failure to carry on that activity and any conditions on which the consent has been given are complied with;

(c)apply a prohibition or restriction in respect of any activities to cases where the activities are carried on without the consent of one of the Ministers or in contravention of any conditions subject to which any such consent is given;

(d)provide that a contravention of a requirement, prohibition or restriction contained in the order or in a condition of a consent given in relation to or for the purposes of any such requirement, prohibition or restriction shall be an offence the maximum penalties for which shall not exceed the penalties specified in subsection (6) of section 85 above;

(e)provide for amounts paid in pursuance of any provision contained in the order to be repaid at such times and in such circumstances, and with such interest, as may be specified in or determined under the order; and

(f)provide (subject to any regulations under section 96 below) for anything falling to be determined under the order by any person to be determined in accordance with such procedure and by reference to such matters and to the opinion of such persons as may be specified in the order.

(5)An order under this section may—

(a)make different provision for different cases, including different provision in relation to different persons, circumstances or localities; and

(b)contain such supplemental, consequential and transitional provision as the relevant Minister considers appropriate.

(6)The power of the relevant Minister to make an order under this section shall be exercisable by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament; but the relevant Minister shall not make such an order except in accordance with any applicable provisions of Schedule 12 to this Act.

(7)In this section and in Schedule 12 to this Act “the relevant Minister”—

(a)in relation to the making of an order in relation to an area which is wholly in England or which is partly in England and partly in Wales, means the Ministers; and

(b)in relation to the making of an order in relation to an area which is wholly in Wales, means the Secretary of State.

95Agreements in nitrate sensitive areas

(1)Where—

(a)any area has been designated as a nitrate sensitive area by an order under section 94 above; and

(b)the relevant Minister considers that it is appropriate to do so with a view to achieving the purpose mentioned in subsection (2) of that section,

he may, subject to such restrictions (if any) as may be set out in the order, enter into an agreement falling within subsection (2) below.

(2)An agreement falls within this subsection if it is one under which, in consideration of payments to be made by the relevant Minister—

(a)the owner of the freehold interest in any agricultural land in a nitrate sensitive area; or

(b)where the owner of the freehold interest in any such land has given his written consent to the agreement being entered into by any person having another interest in that land, that other person,

accepts such obligations with respect to the management of that land or otherwise as may be imposed by the agreement.

(3)An agreement such as is mentioned in subsection (2) above between the relevant Minister and a person having an interest in any land shall bind all persons deriving title from or under that person to the extent that the agreement is expressed to bind that land in relation to those persons.

(4)In this section “the relevant Minister”—

(a)in relation to an agreement with respect to land which is wholly in England, means the Minister;

(b)in relation to an agreement with respect to land which is wholly in Wales, means the Secretary of State; and

(c)in relation to an agreement with respect to land which is partly in England and partly in Wales, means either of the Ministers.

96Regulations with respect to consents required by virtue of section 93 or 94

(1)The Secretary of State may, for the purposes of any orders under section 93 above which require the consent of the Authority to the carrying on of any activities, by regulations make provision with respect to—

(a)applications for any such consent;

(b)the conditions of any such consent;

(c)the revocation or variation of any such consent;

(d)appeals against determinations on any such application;

(e)the exercise by the Secretary of State of any power conferred on the Authority by the orders;

(f)the imposition of charges where such an application has been made, such a consent has been given or anything has been done in pursuance of any such consent; and

(g)the registration of any such application or consent.

(2)The Ministers may, for the purposes of any orders under section 94 above which require the consent of either of those Ministers to the carrying on of any activities or to any failure to carry on any activity, by regulations make provision with respect to—

(a)applications for any such consent;

(b)the conditions of any such consent;

(c)the revocation or variation of any such consent;

(d)the reference to arbitration of disputes about determinations on any such application;

(e)the imposition of charges where such an application has been made, such a consent has been given or there has been any act or omission in pursuance of any such consent; and

(f)the registration of any such application or consent.

(3)Without prejudice to the generality of the powers conferred by the preceding provisions of this section, regulations under subsection (1) above may apply (with or without modifications) any enactment having effect in relation to consents under Chapter II of this Part.

97Codes of good agricultural practice

(1)The Ministers may by order made by statutory instrument approve any code of practice issued (whether by either or both of the Ministers or by another person) for the purpose of—

(a)giving practical guidance to persons engaged in agriculture with respect to activities that may affect controlled waters; and

(b)promoting what appear to them to be desirable practices by such persons for avoiding or minimising the pollution of any such waters,

and may at any time by such an order approve a modification of such a code or withdraw their approval of such a code or modification.

(2)A contravention of a code of practice as for the time being approved under this section shall not of itself give rise to any criminal or civil liability, but the Authority shall take into account whether there has been or is likely to be any such contravention in determining when and how it should exercise—

(a)its power, by giving a notice under subsection (1) of section 86 above, to impose a prohibition under that section; and

(b)any powers conferred on the Authority by regulations under section 92 above.

(3)The Ministers shall not make an order under this section unless they have first consulted the Authority.

Chapter IVSupplemental Provisions with respect to Water Pollution

98Radioactive substances

(1)Except as provided by regulations made by the Secretary of State under this section, nothing in this Part shall apply in relation to radioactive waste within the meaning of the [1960 c. 34.] Radioactive Substances Act 1960.

(2)The Secretary of State may by regulations—

(a)provide for prescribed provisions of this Part to have effect with such modifications as he considers appropriate for dealing with such waste;

(b)make such modifications of the said Act of 1960 or, in relation to such waste, of any other enactment as he considers appropriate in consequence of the provisions of this Part and of any regulations made by virtue of paragraph (a) above.

99Consents required by the Authority

(1)The Secretary of State may by regulations—

(a)make provision modifying the water pollution provisions of this Act in relation to cases in which consents under Chapter II of this Part are required by the Authority; and

(b)for the purposes of the application of the provisions of this Part in relation to discharges by the Authority, make such other modifications of those provisions as may be prescribed.

(2)Without prejudice to the generality of subsection (1) above, regulations under this section may provide for such consents as are mentioned in paragraph (a) of that subsection to be required to be given by the Secretary of State (instead of by the Authority) and, in prescribed cases, to be deemed to have been so given.

100Civil liability in respect of pollution and savings

Except in so far as this Part expressly otherwise provides and subject to the provisions of section 18 of the [1978 c. 30.] Interpretation Act 1978 (which relates to offences under two or more laws), nothing in this Part—

(a)confers a right of action in any civil proceedings (other than proceedings for the recovery of a fine) in respect of any contravention of this Part or any subordinate legislation, consent or other instrument made, given or issued under this Part;

(b)derogates from any right of action or other remedy (whether civil or criminal) in proceedings instituted otherwise than under this Part; or

(c)affects any restriction imposed by or under any other enactment, whether public, local or private.1989 c. 15.

101Limitation for summary offences under Part III

Notwithstanding anything in section 127 of the [1980 c. 43.] Magistrates' Courts Act 1980 (time limit for summary proceedings), a magistrates' court may try any summary offence under this Part, or under any subordinate legislation made under this Part, if the information is laid not more than twelve months after the commission of the offence.

102Power to give effect to international obligations

The Secretary of State shall have power by regulations to provide that the water pollution provisions of this Act shall have effect with such modifications as may be prescribed for the purpose of enabling Her Majesty’s Government in the United Kingdom to give effect—

(a)to any Community obligations; or

(b)to any international agreement to which the United Kingdom is for the time being a party.

103Transitional pollution provisions

The provisions of this Part shall have effect subject to the provisions of Schedule 13 to this Act (which reproduce transitional provision originally made in connection with the coming into force of provisions of the [1989 c. 15.] Water Act 1989).

104Meaning of “controlled waters” etc. in Part III

(1)References in this Part to controlled waters are references to waters of any of the following classes—

(a)relevant territorial waters, that is to say, subject to subsection (4) below, the waters which extend seaward for three miles from the baselines from which the breadth of the territorial sea adjacent to England and Wales is measured;

(b)coastal waters, that is to say, any waters which are within the area which extends landward from those baselines as far as—

(a)the limit of the highest tide; or

(b)in the case of the waters of any relevant river or watercourse, the fresh-water limit of the river or watercourse,

together with the waters of any enclosed dock which adjoins waters within that area;

(c)inland freshwaters, that is to say, the waters of any relevant lake or pond or of so much of any relevant river or watercourse as is above the fresh-water limit;

(d)ground waters, that is to say, any waters contained in underground strata;

and, accordingly, in this Part “coastal waters”, “controlled waters”, “ground waters”, “inland freshwaters” and “relevant territorial waters” have the meanings given by this subsection.

(2)In this Part any reference to the waters of any lake or pond or of any river or watercourse includes a reference to the bottom, channel or bed of any lake, pond, river or, as the case may be, watercourse which is for the time being dry.

(3)In this section—

• “fresh-water limit”, in relation to any river or watercourse, means the place for the time being shown as the fresh-water limit of that river or watercourse in the latest map deposited for that river or watercourse under section 192 below;

• “miles” means international nautical miles of 1,852 metres;

• “lake or pond” includes a reservoir of any description;

• “relevant lake or pond” means (subject to subsection (4) below) any lake or pond which (whether it is natural or artificial or above or below ground) discharges into a relevant river or watercourse or into another lake or pond which is itself a relevant lake or pond;

• “relevant river or watercourse” means (subject to subsection (4) below) any river or watercourse (including an underground river or watercourse and an artificial river or watercourse) which is neither a public sewer nor a sewer or drain which drains into a public sewer.

(4)The Secretary of State may by order provide—

(a)that any area of the territorial sea adjacent to England and Wales is to be treated as if it were an area of relevant territorial waters for the purposes of this Part and of any other enactment in which any expression is defined by reference to the meanings given by this section;

(b)that any lake or pond which does not discharge into a relevant river or watercourse or into a relevant lake or pond is to be treated for those purposes as a relevant lake or pond;

(c)that a lake or pond which does so discharge and is of a description specified in the order is to be treated for those purposes as if it were not a relevant lake or pond;

(d)that a watercourse of a description so specified is to be treated for those purposes as if it were not a relevant river or watercourse.

(5)An order under this section may—

(a)contain such supplemental, consequential and transitional provision as the Secretary of State considers appropriate; and

(b)make different provision for different cases, including different provision in relation to different persons, circumstances or localities.

(6)The power of the Secretary of State to make an order under this section shall be exercisable by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.