Water Act 1989 (c. 15)

(The document as of February, 2008)

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(a) works consisting in the installation and connection of any meter for use in determining the amount of any charges which have been or may be fixed in relation to the premises;

(b) where the premises comprise a house which is one of two or more houses to which the supply of water is wholly or partly by the same service pipe, works consisting in the installation and connection, for any purpose connected with the installation or connection of such a meter, of a separate service pipe for that house;

(i) any meter which has been installed for use in determining the amount of any charges which have been or may be fixed in relation to the premises; or

(ii) any pipes or apparatus installed in the course of any works specified in this paragraph;

and

(d) any other works appearing to the undertaker to be necessary or expedient for any purpose connected with the carrying out of any works specified in paragraph (a), (b) or (c) above, including the installation and connection of any pipes or other apparatus on the premises and the alteration or removal of any of the plumbing of the premises.

(4) The purposes mentioned in sub-paragraph (1) above are--

(a) the carrying out of any survey or tests for the purpose of determining--

(i) whether the carrying out of any works by virtue of paragraph (a) or (b) of sub-paragraph (3) above is practicable;

(ii) whether it is necessary or expedient for any purpose connected with the carrying out of any works by virtue of either of those paragraphs for any other works to be carried out; or

(iii) how any works specified in that sub-paragraph should be carried out;

(b) the carrying out of any works so specified;

(c) the inspection, examination or testing of any meter which is on those premises or of any pipes or apparatus installed in the course of any works which were carried out for any purpose that is connected with the installation, connection, testing, maintenance or repair of any such meter;

(d) the ascertainment from any meter of the volume of water supplied to, or of effluent discharged from, those premises.

(5) A notice given for the purposes of sub-paragraph (1)(a) above may relate to particular premises or to any description of premises and shall be given--

(a) by publishing the notice in the locality in which the premises to which it relates are situated in such a manner as the undertaker considers appropriate for bringing it to the attention of the persons likely to be affected by it; and

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

(6) Without prejudice to any power exercisable by virtue of a warrant under section 178 of this Act, no person shall make an entry into any premises by virtue of this paragraph except at a reasonable time and after seven days' notice of the intended entry has been given to the occupier of the premises.

(7) Any works carried out by a water undertaker by virtue of the provisions of this paragraph shall be necessary works for the purposes of sections 45 to 51 of this Act; but nothing in this paragraph shall prevent the exercise by a water undertaker of its power by virtue of subsection (3)(b) of section 50 of this Act to impose a condition under subsection (1)(c) or (d) of section 43 of this Act in a case where it has, under the said section 50, required the provision of a separate service pipe to any premises.

Expenses of installation etc.

2 (1) Subject to sub-paragraphs (2) and (3) and paragraph 3(6) below, where any meter to be used in determining the amount of any charges is installed by or at the request of any water undertaker or sewerage undertaker then, notwithstanding the provisions of any enactment not contained in this Schedule or of any agreement to the contrary between the undertaker and any other person, the undertaker shall bear--

(a) the expenses of installing and connecting the meter;

(b) any expenses incurred in maintaining, repairing, disconnecting or removing the meter in accordance with any requirements of the undertaker; and

(c) any expenses incurred in carrying out any works for purposes connected with the installation and connection of the meter or with the maintenance, repair, disconnection or removal of the meter in accordance with any such requirements.

(2) Sub-paragraph (1) above shall not require any water undertaker or sewerage undertaker to bear, or prevent any such undertaker from recovering from any other person--

(a) any expenses incurred for the purpose of enabling a condition imposed under section 43(1)(c) or (d) of this Act to be satisfied;

(b) any sums which it is entitled to recover in pursuance of any terms or conditions determined under section 46 of this Act;

(d) any expenses incurred in relation to a meter which is or is to be used in determining the amount of--

(i) any charges which are to be paid in connection with the carrying out of a sewerage undertaker's trade effluent functions; or

(ii) any charges provision for which is contained in an agreement entered into in accordance with section 7 of the Public [1937 c. 40.] Health (Drainage of Trade Premises) Act 1937;

(e) any expenses incurred in consequence of the exercise by the occupier of any premises of any option to be charged by the undertaker in relation to any premises by reference to volume rather than by reference to other matters,

except, in the case of expenses falling within paragraph (a) above, where the conditions could not have been imposed but for the exercise by the undertaker of its power by virtue of paragraph (a), (b), (d) or (e) of section 50(2) of this Act to require the provision of a separate service pipe to any premises.

(3) The occupier of any premises where any water undertaker or sewerage undertaker installs or has installed a meter shall in all cases bear so much of the expenses referred to in sub-paragraph (1) above as is attributable to compliance with a request made by him in accordance with any regulations under section 78(2) of this Act for the positioning, in a place other than that reasonably proposed by the undertaker, either of the meter or of any pipe or apparatus installed for the purpose of facilitating the use of the meter.

(4) Without prejudice to the preceding provisions of this paragraph or to section 179(5) of this Act, where a person authorised by any water undertaker or sewerage undertaker carries out any works by virtue of paragraph 1 above on any premises, the undertaker shall make good, or pay compensation for, any damage caused by that person or by any person accompanying him by or in connection with the carrying out of the works.

(5) The reference in sub-paragraph (2) above to a sewerage undertaker's trade effluent functions is a reference to its functions under the Public Health (Drainage of Trade Premises) Act 1937, Part V of the Public [1961 c. 64.] Health Act 1961 and sections 43 to 45 of the Control [1974 c. 40.] of Pollution Act 1974.

Offences of tampering with meters etc.

3 (1) If any person--

(a) so interferes with a meter used by any water undertaker or sewerage undertaker in determining the amount of any charges fixed in relation to any premises as intentionally or recklessly to prevent the meter from showing, or from accurately showing, the volume of water supplied to, or of effluent discharged from, those premises; or

(b) carries out any works which he knows are likely to affect the operation of such a meter or which require the disconnection of such a meter,

he shall be guilty of an offence and liable, on summary conviction, to a fine not exceeding level 3 on the standard scale.

(2) A person shall not be guilty of an offence under sub-paragraph (1) above in respect of anything done by him with the consent of the undertaker who uses the meter.

(3) Where an application is made to any water undertaker or sewerage undertaker for a consent for the purposes of sub-paragraph (2) above, the undertaker--

(a) shall give notice of its decision with respect to the application as soon as reasonably practicable after receiving it; and

(b) may make it a condition of giving any consent that the undertaker itself should carry out so much of any works to which the application relates as is specified in the notice of its decision;

but on such an application the undertaker shall not refuse its consent, or impose any such condition as is mentioned in paragraph (b) above, unless it is reasonable to do so.

(4) Where any water undertaker or sewerage undertaker has given a notice to any person imposing any such condition as is mentioned in sub-paragraph (3)(b) above, then, unless that person notifies the undertaker that the carrying out of the works to which the condition relates is no longer required, the undertaker--

(a) shall carry out those works as soon as reasonably practicable after giving the notice; and

(b) may recover from that person any expenses reasonably incurred by it in doing so.

(5) Any person who sustains any loss or damage in consequence of any failure by any water undertaker or sewerage undertaker--

(a) to comply with any obligation imposed on it by this paragraph; or

(b) to exercise reasonable care in the performance of the duty imposed by sub-paragraph (4)(a) above,

shall be entitled to recover compensation from the undertaker.

(6) A water undertaker or sewerage undertaker which carries out any works made necessary by the commission of an offence under sub-paragraph (1) above shall be entitled to recover any expenses reasonably incurred in carrying out those works from the person who committed the offence.

Duty of undertakers to inform other undertakers of meter readings

4 (1) Where--

(a) different services are provided in relation to the same premises by different undertakers;

(b) one of those undertakers has obtained a reading from a meter used in determining the amount of any charges fixed in relation to those premises;

(c) the charges in relation to those premises of another of those undertakers are fixed by reference to any matter to which the reading is relevant; and

(d) that other undertaker has agreed to bear a reasonable proportion of the expenses of obtaining the reading together with the reasonable expenses of the disclosure of the reading to it,

it shall be the duty of the undertaker who obtained the reading to disclose the reading to the other undertaker.

(2) The duties of an undertaker under this paragraph shall be enforceable under section 20 of this Act by the Secretary of State.

(3) In this paragraph "undertaker" means a water undertaker or sewerage undertaker.

Arbitration

5 Any dispute between a water undertaker or sewerage undertaker and any other person (including another such undertaker)--

(a) as to the exercise of any power under paragraph 1 above to carry out any works on any premises;

(b) as to whether the undertaker or that other person should bear any expenses under paragraph 2 or 3 above;

(d) as to whether the undertaker should pay any compensation under paragraph 2 or 3 above; or

(e) as to the amount of any expenses to be borne by any person under paragraph 2 or 3 above or under any such agreement or as to the amount of any such compensation,

shall be referred to the arbitration of a single arbitrator appointed by agreement between the undertaker and that person or, in default of agreement, by the Director.

Interpretation

6 (1) In this Schedule "meter" means any apparatus for measuring or showing the volume of water supplied to, or of effluent discharged from, any premises.

(2) In this Schedule any reference to the fixing of charges in relation to any premises by reference to volume is a reference to the fixing of those charges by reference to the volume of water supplied to those premises, to the volume of effluent discharged from those premises, to both of those factors or to one or both of those factors taken together with other factors.

Section 112.

SCHEDULE 11 Orders Designating Nitrate Sensitive Areas

Part I Applications by the Authority for Designation Orders

Orders made only on application

1 (1) Subject to sub-paragraphs (2) and (3) below, the relevant Minister shall not make an order under section 112 of this Act by virtue of which any land is designated as a nitrate sensitive area, except with the consent of the Treasury and on an application which--

(a) has been made by the Authority in accordance with paragraph 2 below; and

(b) by virtue of sub-paragraph (2)(a) of that paragraph identifies the controlled waters with respect to which that land is so comprised by the order.

(2) This paragraph shall not apply to an order which reproduces or amends an existing order without adding any land appearing to the relevant Minister to constitute a significant area to the land already comprised in the areas for the time being designated as nitrate sensitive areas.

(3) An application by the Authority shall not be required by virtue of this paragraph in the case of any order made before the end of the period of six months beginning with the transfer date.

Procedure for applications

2 (1) The Authority shall not for the purposes of paragraph 1 above apply for the making of any order under section 112 of this Act by which any land would be comprised in the areas for the time being designated as nitrate sensitive areas unless it appears to the Authority--

(a) that pollution is or is likely to be caused by the entry of nitrate into controlled waters as a result of, or of anything done in connection with, the use of particular land in England and Wales for agricultural purposes; and

(b) that the provisions for the time being in force in relation to those waters and that land are not sufficient, in the opinion of the Authority, for preventing or controlling such an entry of nitrate into those waters.

(2) An application under this paragraph shall identify--

(a) the controlled waters appearing to the Authority to be waters which the nitrate is or is likely to enter; and

(b) the land appearing to the Authority to be the land the use of which for agricultural purposes, or the doing of anything in connection with whose use for agricultural purposes, is resulting or is likely to result in the entry of nitrate into those waters.

(3) An application under this paragraph shall be made--

(a) where the land identified in the application is wholly in Wales, by serving a notice containing the application on the Secretary of State; and

(b) in any other case, by serving such a notice on the Secretary of State and on the Minister.

Part II Orders Containing Mandatory Provisions etc.

Publication of proposal for order containing mandatory provisions

3 (1) This paragraph applies where the relevant Minister proposes to make an order under section 112 of this Act which--

(a) makes or modifies any such provision as is authorised by subsection (4)(a) of that section; and

(b) in doing so, contains provision which is not of one of the following descriptions, that is to say--

(i) provision reproducing existing provisions without modification and in relation to substantially the same area; and

(ii) provision modifying any existing provisions so as to make them less onerous.

(2) The relevant Minister shall, before making any such order as is mentioned in sub-paragraph (1) above--

(a) publish a notice with respect to the proposed order, at least once in each of two successive weeks, in one or more newspapers circulating in the locality in relation to which the proposed order will have effect;

(b) not later than the date on which that notice is first published, serve a copy of the notice on--

(i) the Authority;

(ii) every local authority and water undertaker whose area includes the whole or any part of that locality; and

(iii) in the case of an order containing any such provision as is authorised by section 112(4)(b) of this Act, such owners and occupiers of agricultural land in that locality as appear to the relevant Minister to be likely to be affected by the obligations in respect of which payments are to be made under that provision;

and

(i) names every local authority on whom a notice is required to be served under this paragraph;

(ii) specifies a place where a copy of the proposed order and of any relevant map or plan may be inspected; and

(iii) gives the name of every newspaper in which the notice required by virtue of paragraph (a) above was published and the date of an issue containing the notice.

(3) The notice required by virtue of sub-paragraph (2)(a) above to be published with respect to any proposed order shall--

(a) state the general effect of the proposed order;

(b) specify a place where a copy of the proposed order, and of any relevant map or plan, may be inspected by any person free of charge at all reasonable times during the period of forty-two days beginning with the date of the first publication of the notice; and

(c) state that any person may, within that period, by notice to the Secretary of State or, as the case may be, to the Secretary of State or the Minister object to the making of the order.

Supply of copies of proposed orders

4 The Secretary of State and, in a case where he is proposing to join in making the order, the Minister shall, at the request of any person and on payment by that person of such charge (if any) as the Secretary of State or the Minister may reasonably require, furnish that person with a copy of any proposed order of which notice has been published under paragraph 3 above.

Modifications of proposals

5 (1) Where notices with respect to any proposed order have been published and served in accordance with paragraph 3 above and the period of forty-two days mentioned in sub-paragraph (3)(b) of that paragraph has expired, the relevant Minister may make the order either in the proposed terms or, subject to sub-paragraph (2) below (but without any further compliance with paragraph 3 above), in those terms as modified in such manner as he thinks fit, or may decide not to make any order.

(2) The relevant Minister shall not make such a modification of a proposed order of which notice has been so published and served as he considers is likely adversely to affect any persons unless he has given such notices as he considers appropriate for enabling those persons to object to the modification.

(3) Subject to sub-paragraph (2) above and to the service of notices of the proposed modification on such local authorities as appear to him to be likely to be interested in it, the modifications that may be made by the relevant Minister include any modification of the area designated by the proposed order as a nitrate sensitive area.

(4) For the purposes of this Schedule it shall be immaterial, in a case in which a modification such as is mentioned in sub-paragraph (3) above incorporates land in England in an area which (but for the modification) would have been wholly in Wales, that any requirements of paragraph 3 above in relation to the proposed order have been complied with by the Secretary of State, rather than by the Secretary of State and the Minister.

Consideration of objections etc.

6 Without prejudice to section 120 of this Act, where notices with respect to any proposed order have been published and served in accordance with paragraph 3 above, the Secretary of State or, as the case may be, the Secretary of State and the Minister may, if he or they consider it appropriate to do so, hold a local inquiry before deciding whether or not to make the proposed order or to make it with modifications.

Consent of Treasury for payment provisions

7 The consent of the Treasury shall be required for the making of any order under section 112 of this Act the making of which does not require the consent of the Treasury by virtue of paragraph 1 above but which contains any such provision as is authorised by subsection (4)(b) of that section.

Section 113.

SCHEDULE 12 Consents to Certain Discharges

Applications for consents

1 (1) An application for a consent for the purposes of section 108(1)(a) of this Act for any discharges shall be made to the Authority; and such an application shall be accompanied or supplemented by all such information as the Authority may reasonably require.

(2) An application made in accordance with this paragraph which relates to proposed discharges at two or more places may be treated by the Authority as separate applications for consents for discharges at each of those places.

(3) Where an application is made in accordance with this paragraph the Authority shall--

(a) publish notice of the application, at least once in each of two successive weeks, in a newspaper or newspapers circulating in--

(i) the locality or localities in which the places are situated at which it is proposed in the application that the discharges should be made; and

(ii) the locality or localities appearing to the Authority to be in the vicinity of any controlled waters which the Authority considers likely to be affected by the proposed discharges;

(b) publish a copy of that notice in an edition of the London Gazette published no earlier than the day after the publication of the last of the notices to be published by virtue of paragraph (a) above;

(c) send a copy of the application to every local authority or water undertaker within whose area any of the proposed discharges is to occur;

(d) in the case of an application which relates to proposed discharges into coastal waters, relevant territorial waters or waters outside the seaward limits of relevant territorial waters, serve a copy of the application on the Secretary of State and on the Minister.

(4) The Authority shall be entitled, on an application made in accordance with this paragraph, to disregard the provisions of paragraphs (a) to (c) of sub-paragraph (3) above if it proposes to give the consent applied for and considers that the discharges in question will have no appreciable effect on the waters into which it is proposed that they should be made.

(5) It shall be the duty of the Authority to consider any written representations or objections with respect to an application under this paragraph which are made to it in the period of six weeks beginning with the day of the publication of notice of the application in the London Gazette and are not withdrawn.

(6) Where notice of an application under this paragraph is published by the Authority under sub-paragraph (3) above, the Authority shall be entitled to recover the expenses of publication from the applicant.

(7) If a person who proposes to make or has made an application under this paragraph ("the relevant application")--

(a) applies to the Secretary of State within the prescribed period for a certificate providing that the provisions of sub-paragraph (3) above and of section 117(1) of this Act shall not apply to--

(i) the relevant application;

(ii) any consent given or conditions imposed on the relevant application;

(iii) any sample of effluent taken from a discharge for which consent is given on the relevant application; or

(iv) information produced by analysis of such a sample;

and

(b) satisfies the Secretary of State that it would be contrary to the public interest or would prejudice, to an unreasonable degree, some private interest, by disclosing information about a trade secret, if a certificate were not issued under this paragraph,

the Secretary of State may issue a certificate to that person providing that those provisions shall not apply to such of the things mentioned in paragraph (a) above as are specified in the certificate.

Consents on applications under paragraph 1

2 (1) On an application under paragraph 1 above the Authority shall be under a duty, if the requirements of that paragraph are complied with, to consider whether to give the consent applied for, either unconditionally or subject to conditions, or to refuse it.

(2) Subject to paragraph 3(5) below, on an application made in accordance with paragraph 1 above, the consent applied for shall be deemed to have been refused if it is not given within the period of four months beginning with the day on which the application is received or within such longer period as may be agreed in writing between the Authority and the applicant.

(3) The conditions subject to which a consent may be given under this paragraph shall be such conditions as the Authority may think fit and, in particular, may include conditions--

(a) as to the places at which the discharges to which the consent relates may be made and as to the design and construction of any outlets for the discharges;

(b) as to the nature, origin, composition, temperature, volume and rate of the discharges and as to the periods during which the discharges may be made;

(c) as to the steps to be taken, in relation to the discharges or by way of subjecting any substance likely to affect the description of matter discharged to treatment or any other process, for minimising the polluting effects of the discharges on any controlled waters;

(d) as to the provision of facilities for taking samples of the matter discharged and, in particular, as to the provision, maintenance and use of manholes, inspection chambers, observation wells and boreholes in connection with the discharges;

(e) as to the provision, maintenance and testing of meters for measuring or recording the volume and rate of the discharges and apparatus for determining the nature, composition and temperature of the discharges;

(f) as to the keeping of records of the nature, origin, composition, temperature, volume and rate of the discharges and, in particular, of records of readings of meters and other recording apparatus provided in accordance with any other condition attached to the consent; and

(g) as to the making of returns and the giving of other information to the Authority about the nature, origin, composition, temperature, volume and rate of the discharges;

and it is hereby declared that a consent may be given under this paragraph subject to different conditions in respect of different periods.

(4) A consent for any discharges which is given under this paragraph is not limited to discharges by a particular person and, accordingly, extends to discharges which are made by any person.

Notification of proposal to give consent

3 (1) This paragraph applies where the Authority proposes to give its consent under paragraph 2 above on an application in respect of which such representations or objections as the Authority is required to consider under paragraph 1(5) above have been made.

(2) It shall be the duty of the Authority to serve notice of the proposal on every person who made any such representations or objection; and any such notice shall include a statement of the effect of sub-paragraph (3) below.

(3) Any person who made any such representations or objection may, within the period of twenty-one days beginning with the day on which the notice of the proposal is served on him, in the prescribed manner request the Secretary of State to give a direction under paragraph 4(1) below in respect of the application.

(4) It shall be the duty of the Authority not to give its consent on the application before the end of the period of twenty-one days mentioned in sub-paragraph (3) above and, if within that period--

(a) a request is made under sub-paragraph (3) above in respect of the application; and

(b) the person who makes that request serves notice of it on the Authority,

the Authority shall not give its consent on the application unless the Secretary of State has served notice on the Authority stating that he declines to comply with the request.

(5) Any period during which the Authority is prohibited by virtue of sub-paragraph (4) above from giving its consent on the application shall be disregarded in determining whether the application is deemed to have been refused under paragraph 2(2) above.

Reference to Secretary of State of certain applications for consent

4 (1) The Secretary of State may, either in consequence of representations or objections made to him or otherwise, direct the Authority to transmit to him for determination such applications for consent under paragraph 1 above as are specified in the direction or are of a description so specified.

(2) Where a direction is given to the Authority under this paragraph, the Authority shall comply with the direction and inform every applicant to whose application the direction relates of the transmission of his application to the Secretary of State.

(3) Paragraph 1(3) to (6) above shall have effect in relation to an application transmitted to the Secretary of State under this paragraph with such modifications as may be prescribed.

(4) Where an application is transmitted to the Secretary of State under this paragraph, the Secretary of State may at any time after the application is transmitted and before it is granted or refused--

(a) cause a local inquiry to be held with respect to the application; or

(b) afford the applicant and the Authority an opportunity of appearing before, and being heard by, a person appointed by the Secretary of State for the purpose.

(5) The Secretary of State shall exercise his power under sub-paragraph (4) above in any case where a request to be heard with respect to the application is made to him in the prescribed manner by the applicant or by the Authority.

(6) Where under this paragraph the Secretary of State affords to an applicant and the Authority an opportunity of appearing before, and being heard by, a person appointed for the purpose, it shall be the duty of the Secretary of State to afford an opportunity of appearing before, and being heard by, that person to every person who has made any representations or objection to the Secretary of State with respect to the application in question.

(7) It shall be the duty of the Secretary of State, if the requirements of this paragraph and of any regulations made under it are complied with, to determine an application for consent transmitted to him by the Authority under this paragraph by directing the Authority to refuse its consent or to give its consent under paragraph 2 above (either unconditionally or subject to such conditions as are specified in the direction); and the Authority shall comply with any direction under this sub-paragraph.

(8) In complying with a direction under sub-paragraph (7) above to give a consent the Authority shall not be required to comply with any requirement imposed by paragraph 3 above.

(9) Without prejudice to any of the preceding provisions of this paragraph, the Secretary of State may by regulations make provision for the purposes of, and in connection with, the consideration and disposal by him of applications transmitted to him under this paragraph.

Consents without applications

5 (1) If it appears to the Authority--

(a) that a person has caused or permitted effluent or other matter to be discharged in contravention of any relevant prohibition under section 107 of this Act or of the obligation imposed by virtue of subsection (1)(c) of that section; and

(b) that a similar contravention by that person is likely,

the Authority may, if it thinks fit, serve on him an instrument in writing giving its consent, subject to any conditions specified in the instrument, for discharges of a description so specified.

(2) A consent given under this paragraph shall not relate to any discharge which occurred before the instrument containing the consent was served on the recipient of the instrument.

(3) Sub-paragraphs (3) and (4) of paragraph 2 above shall have effect in relation to a consent given under this paragraph as they have effect in relation to a consent given under that paragraph.

(4) Where a consent has been given under this paragraph, the Authority shall, as soon as practicable after giving it--

(a) publish notice of the consent, at least once in each of two successive weeks, in a newspaper or newspapers circulating in--

(i) the locality or localities in which the places are situated at which discharges may be made in pursuance of the consent; and

(ii) the locality or localities appearing to the Authority to be in the vicinity of any controlled waters which it considers likely to be affected by the discharges;

(c) send a copy of the instrument containing the consent to every local authority within whose area any of the discharges authorised by the consent may occur;

(d) in the case of a consent which relates to discharges into coastal waters, relevant territorial waters or waters outside the seaward limits of relevant territorial waters, serve a copy of the instrument containing the consent on the Secretary of State and on the Minister.

(5) It shall be the duty of the Authority to consider any written representations or objections with respect to a consent under this paragraph which are made to it in the period of six weeks beginning with the day of the publication of notice of the consent in the London Gazette and are not withdrawn.

(6) Where notice of a consent is published by the Authority under sub-paragraph (4) above, the Authority shall be entitled to recover the expenses of publication from the person on whom the instrument containing the consent was served.

Revocation of consents and alteration and imposition of conditions

6 (1) It shall be the duty of the Authority to review from time to time the consents given under paragraphs 2 and 5 above and the conditions (if any) to which the consents are subject.

(2) Subject to such restrictions on the exercise of the power conferred by this sub-paragraph as are imposed under paragraph 7 below, where the Authority has reviewed a consent under this paragraph, it may by a notice served on the person making a discharge in pursuance of the consent--

(a) revoke the consent;

(b) make modifications of the conditions of the consent; or

(c) in the case of an unconditional consent, provide that it shall be subject to such conditions as may be specified in the notice.

(3) If on a review under sub-paragraph (1) above it appears to the Authority that no discharge has been made in pursuance of the consent to which the review relates at any time during the preceding twelve months, the Authority may revoke the consent by a notice served on the owner or occupier of the land from which discharges would be made in pursuance of the consent.

(4) If it appears to the Secretary of State appropriate to do so--

(a) for the purpose of enabling Her Majesty's Government in the United Kingdom to give effect to any Community obligation or to any international agreement to which the United Kingdom is for the time being a party;

(b) for the protection of public health or of flora and fauna dependent on an aquatic environment; or

he may, subject to such restrictions on the exercise of the power conferred by virtue of paragraph (c) above as are imposed under paragraph 7 below, at any time direct the Authority, in relation to a consent given under paragraph 2 or 5 above, to do anything mentioned in sub-paragraph (2)(a) to (c) above; and the Authority shall comply with any such direction.

(5) The Authority shall be liable to pay compensation to any person in respect of any loss or damage sustained by that person as a result of the Authority's compliance with a direction given in relation to any consent by virtue of sub-paragraph (4)(b) above if--

(a) in complying with that direction the Authority does anything which, apart from that direction, it would be precluded from doing by a restriction imposed under paragraph 7 below; and

(b) the direction is not shown to have been given in consequence of--

(i) a change of circumstances which could not reasonably have been foreseen at the beginning of the period to which the restriction relates; or

(ii) consideration by the Secretary of State of material information which was not reasonably available to the Authority at the beginning of that period.

(6) For the purposes of sub-paragraph (5) above information is material, in relation to a consent, if it relates to any discharge made or to be made by virtue of the consent, to the interaction of any such discharge with any other discharge or to the combined effect of the matter discharged and any other matter.

Restriction on variation and revocation of consent and previous variation

7 (1) Each instrument signifying the consent of the Authority under paragraph 2 or 5 above shall specify a period during which no notice by virtue of paragraph 6(2) or (4)(c) above shall be served in respect of the consent.

(2) Each notice served by the Authority by virtue of paragraph 6(2) or (4)(c) above (except a notice which only revokes a consent) shall specify a period during which a subsequent such notice which alters the effect of the first-mentioned notice shall not be served.

(3) The period specified under sub-paragraph (1) or (2) above in relation to any consent shall not, unless the person who proposes to make or makes discharges in pursuance of the consent otherwise agrees, be less than the period of two years beginning--

(a) in the case of a period specified under sub-paragraph (1) above, with the day on which the consent takes effect; and

(b) in the case of a period specified under sub-paragraph (2) above, with the day on which the notice specifying that period is served.

(4) A restriction imposed under sub-paragraph (1) or (2) above shall not prevent the service by the Authority of a notice by virtue of paragraph 6(2) or (4)(c) above in respect of a consent given under paragraph 5 above if--

(a) the notice is served not more than three months after the beginning of the period specified in paragraph 5(5) above for the making of representations and objections with respect to the consent; and

(b) the Authority or, as the case may be, the Secretary of State considers, in consequence of any representations or objections received by it or him within that period, that it is appropriate for the notice to be served.

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