Environment Act 1995 (c. 25)

(The document as of February, 2008)

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

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

114 (1) Section 142 of that Act (powers of undertakers to charge) shall be amended in accordance with the following provisions of this paragraph.

(2) In subsection (2) (manner in which charging powers to be exercised) for the words "subsection (3)" there shall be substituted the words "subsections (3) and (3A)".

(3) After subsection (3) (restriction on charging by agreement for trade effluent functions) there shall be inserted--

" (3A) The power of a sewerage undertaker to charge, by virtue of subsection (1) above, for any services provided in the course of carrying out its duty under section 101A(1) above shall be exercisable only by or in accordance with a charges scheme under section 143 below. "

115 In section 143 of that Act (charges schemes) after subsection (3) (charges which may be imposed in certain cases) there shall be inserted--

" (3A) A sewerage undertaker is under a duty to ensure that any charges scheme made by the undertaker, so far as having effect to recover the undertaker's costs of providing a sewer by virtue of its duty under section 101A(1) above, causes those costs to be borne by the undertaker's customers generally; and a sewerage undertaker's duty under this subsection shall be enforceable under section 18 above--

(a) by the Secretary of State; or

(b) with the consent of or in accordance with a general authorisation given by the Secretary of State, by the Director. "

116 Section 151 of that Act shall cease to have effect.

117 In section 161 of that Act (power to deal with foul water and pollution) in subsections (3) and (4) for the words "the NRA", wherever occurring, there shall be substituted the words "the Environment Agency".

118 In section 166 of that Act (consents for certain discharges under section 165) in subsection (1) (which requires the consent of the National Rivers Authority to certain discharges) for the words "the NRA" there shall be substituted the words "the Environment Agency".

119 In section 184 of that Act (power of certain undertakers to alter public sewers etc) in subsection (1) for the words "NRA", in each place where it occurs, there shall be substituted the words "Environment Agency".

120 In section 202 of that Act (duties of undertakers to furnish the Secretary of State with information) in subsection (6) (which defines the expression "the other consolidation Acts") for the words "the NRA" there shall be substituted the words "the Environment Agency".

121 (1) In section 206 of that Act (restriction on disclosure of information) in subsection (2) (information furnished under section 196 or 204) the words "196 or" shall cease to have effect.

(2) In subsection (3)(a) of that section (exception for disclosure of information for purposes of functions under certain enactments)--

(a) for the words "the NRA" there shall be substituted the words "the Environment Agency, the Scottish Environment Protection Agency"; and

(b) for the words "or the Water Act 1989" there shall be substituted the words ", [1989 c. 15.] the Water Act 1989, Part I or IIA of the Environmental Protection Act 1990 or the [1995 c. 25.] Environment Act 1995".

(3) In subsection (4), in paragraph (a) (which provides that nothing in subsection (1) shall limit the matters which may be included in reports made by specified bodies under specified enactments)--

(a) for the words "the NRA" there shall be substituted the words "the Environment Agency, the Scottish Environment Protection Agency"; and

(b) for the words "or of the Water Resources Act 1991" there shall be substituted the words ", Part I or IIA of [1990 c. 43.] the Environmental Protection Act 1990, the [1991 c. 57.] Water Resources Act 1991 or the [1995 c. 25.] Environment Act 1995".

122 In section 209 of that Act (civil liability of undertakers for escapes of water etc) in subsection (3) (exceptions for loss sustained by other public undertakers) for the words "the NRA" there shall be substituted the words "the Environment Agency".

123 In section 215 of that Act (local inquiries) in subsection (3) (application of section 250(4) of the [1972 c. 70.] Local Government Act 1972 in relation to the National Rivers Authority) for the words "the NRA", in each place where they occur, there shall be substituted the words "the Environment Agency".

124 In section 217 of that Act (construction of provisions conferring powers by reference to undertakers' functions) for the words "NRA", wherever occurring, there shall be substituted the words "Environment Agency".

125 In section 219 of that Act (general interpretation) in subsection (1)--

(a) the definition of "the NRA" shall be omitted; and

(b) subject to that, for the words "the NRA", wherever occurring, there shall be substituted the words "the Environment Agency".

126 In Schedule 11 to that Act (orders conferring compulsory works powers) in paragraph 1(3) (persons on whom copy notices are to be served) in paragraph (a), for the words "the NRA" there shall be substituted the words "the Environment Agency".

127 In Schedule 13 to that Act (protective provisions in respect of certain undertakers) in paragraph 1, in sub-paragraphs (2) and (5)(a), for the words "the NRA", wherever occurring, there shall be substituted the words "the Environment Agency".

The Water Resources Act 1991

128 Subject to the other provisions of this Act, in the [1991 c. 57.] Water Resources Act 1991, for the word "Authority" or "Authority's", wherever occurring, other than in section 119(1), there shall be substituted respectively the word "Agency" or "Agency's".

129 Sections 1 to 14 of that Act (the National Rivers Authority and committees with functions in relation to that Authority) shall cease to have effect.

130 In section 15 of that Act (general duties with respect to the water industry), in subsection (2)(a) (provisions conferring powers in the exercise of which the Ministers are to take into account the duties imposed on the Agency by subsection (1)) after the words "by virtue of" there shall be inserted the words "the 1995 Act,".

131 Sections 16 to 19 of that Act (which relate to the environmental and recreational duties of the National Rivers Authority and the general management of resources by that Authority) shall cease to have effect.

132 In section 20 of that Act (water resources management schemes) in subsection (1) of that section (duty to enter into arrangements with water undertakers for the management or operation of certain waters etc) for the words "section 19(1) above" there shall be substituted the words "section 6(2) of the 1995 Act".

133 (1) In section 21 of that Act (minimum acceptable flows) in subsection (3), at the end of paragraph (f) (consultation with person authorised by a licence under Part I of the [1989 c. 15.] Electricity Act 1989 to generate electricity) there shall be added the words "who has a right to abstract water from those waters".

(2) In subsection (4)(b) of that section (which refers to certain enactments which are repealed, but whose effect is reproduced, by this Act) for the words "sections 2(2), 16 and 17 above" there shall be substituted the words "sections 6(1), 7 and 8 of the 1995 Act".

134 In section 43 of that Act (appeals to the Secretary of State from decisions with respect to licences) after subsection (1) there shall be inserted--

" (1A) This section is subject to section 114 of the 1995 Act (delegation or reference of appeals etc). "

135 (1) In section 50 of that Act, in subsection (1) (power to make regulations, in relation to cases to which section 49 applies, for conferring succession rights to abstraction licences where a person becomes the occupier of part of the relevant land) for the words "cases to which section 49 above applies" there shall be substituted the words "cases in which the holder of a licence under this Chapter to abstract water ("the prior holder") is the occupier of the whole or part of the land specified in the licence as the land on which water abstracted in pursuance of the licence is to be used ("the relevant land")".

(2) That section shall have effect, and be taken always to have had effect, as if it had originally been enacted with the amendment made by sub-paragraph (1) above.

136 Section 58 (revocation of licence for non-payment of charges) shall cease to have effect.

137 Section 68 of that Act (power by order to establish a tribunal to which certain appeals and references shall lie) shall cease to have effect.

138 Section 69(5) of that Act (which refers to the tribunal established under section 68) shall cease to have effect.

139 (1) Section 73 of that Act (power to make ordinary and emergency drought orders) shall be amended in accordance with the following provisions of this paragraph.

(2) In subsection (1) (power to make ordinary drought orders) for the words from the beginning to "then" there shall be substituted the words--

" (1) If the Secretary of State is satisfied that, by reason of an exceptional shortage of rain, there exists or is threatened--

(a) a serious deficiency of supplies of water in any area, or

(b) such a deficiency in the flow or level of water in any inland waters as to pose a serious threat to any of the flora or fauna which are dependent on those waters,

then, " .

(3) In subsection (3) (power to make drought order not to be exercisable except where an application is made by the National Rivers Authority or a water undertaker)--

(a) for the words "except where" there shall be substituted the word "unless"; and

(b) at the beginning of paragraph (b) (water undertakers) there shall be inserted the words "except in the case of an ordinary drought order by virtue of subsection (1)(b) above,".

140 After section 79 of that Act (compensation and charges where drought order made) there shall be inserted--

" 79A Drought permits.

(1) If the Agency is satisfied that, by reason of an exceptional shortage of rain, a serious deficiency of supplies of water in any area exists or is threatened then, subject to the following provisions of this section, it may, upon the application of a water undertaker which supplies water to premises in that area, issue to that undertaker a drought permit making such provision authorised by this section as appears to the Agency to be expedient with a view to meeting the deficiency.

(2) A drought permit may contain any of the following provisions, that is to say--

(a) provision authorising the water undertaker to which it is issued to take water from any source specified in the permit subject to any conditions or restrictions so specified;

(b) provision suspending or modifying, subject to any conditions specified in the permit, any restriction or obligation to which that undertaker is subject as respects the taking of water from any source.

(3) A drought permit shall specify--

(a) the day on which it comes into force; and

(b) the period for which, subject to subsections (4) and (5) below, any authorisation given, or suspension or modification effected, by the permit is to have effect.

(4) Subject to subsection (5) below, the period for which--

(a) an authorisation given by a drought permit, or

(b) a suspension or modification effected by such a permit,

has effect shall expire before the end of the period of six months beginning with the day on which the permit comes into force.

(5) At any time before the expiration of the period for which such an authorisation, suspension or modification has effect, the Agency may, by giving notice to the water undertaker to which the permit in question was issued, extend that period, but not so as to extend it beyond the end of the period of one year beginning with the day on which the permit came into force.

(6) A drought permit which--

(a) authorises the taking of water from a source from which water is supplied to an inland navigation; or

(b) suspends or modifies--

(i) a restriction as respects the taking of water from a source from which water is supplied to an inland navigation; or

(ii) an obligation to discharge compensation water into a canal or into any river or stream which forms part of, or from which water is supplied to, an inland navigation,

shall not be issued without the consent of every navigation authority exercising functions over any or all of the parts of the canal or inland navigation in question which are affected by the permit.

(7) Schedule 8 to this Act shall have effect with respect to the procedure on an application for a drought permit as it has effect with respect to the procedure on an application for a drought order, but with the following modifications, that is to say--

(a) with the substitution for any reference to a drought order of a reference to a drought permit;

(b) with the substitution for any reference to the Secretary of State of a reference to the Agency;

(d) with the insertion, in paragraph 1(3)(c), of a requirement that the notice in question shall specify the address at which any objections are to be made to the Agency; and

(e) with the omission--

(i) of paragraph 2(1)(a) and the word "either" immediately preceding it, and

(ii) of paragraph 2(6).

(8) For the purposes of sections 125 to 129 below any water authorised by a drought permit to be abstracted from a source of supply shall be treated as if it had been authorised to be so abstracted by a licence granted under Chapter II of this Part, whether the water undertaker to which the permit is issued is the holder of such a licence or not.

(9) Section 79 above and Schedule 9 to this Act shall apply in relation to drought permits and their issue as they apply in relation to ordinary drought orders and their making.

(10) A drought permit 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 provisions as the Agency considers appropriate.

(11) In this section--

"compensation water" has the same meaning as in section 77 above;
"drought permit" means a drought permit under this section;
"inland navigation" has the same meaning as in section 77 above. "

141 In section 80 of that Act (offences against drought orders)--

(a) in subsection (1)(a) (taking or using water otherwise than in accordance with any condition or restriction imposed by or under a drought order) for the words "so imposed" there shall be substituted the words "imposed by or under any drought order or by any drought permit";

(b) in subsection (2)(a) (failure to construct or maintain measuring apparatus required by any drought order) after the words "by any drought order" there shall be inserted the words "or drought permit"; and

(c) in subsection (2)(b) (failure to allow person authorised by or under any such order to inspect etc apparatus or records) after the words "by or under any such order" there shall be inserted the words "or by virtue of any such permit".

142 After section 90 of that Act (offences in connection with deposits and vegetation in rivers) there shall be inserted--

" Consents for the purposes of sections 88 to 90

90A Applications for consent under section 89 or 90.

(1) Any application for a consent for the purposes of section 89(4)(a) or 90(1) or (2) above--

(a) must be made on a form provided for the purpose by the Agency, and

(b) must be advertised in such manner as may be required by regulations made by the Secretary of State,

except that paragraph (b) above shall not have effect in the case of an application of any class or description specified in the regulations as being exempt from the requirements of that paragraph.

(2) The applicant for such a consent must, at the time when he makes his application, provide the Agency--

(a) with all such information as it reasonably requires; and

(b) with all such information as may be prescribed for the purpose by the Secretary of State.

(3) The information required by subsection (2) above must be provided either on, or together with, the form mentioned in subsection (1) above.

(4) The Agency may give the applicant notice requiring him to provide it with all such further information of any description specified in the notice as it may require for the purpose of determining the application.

(5) If the applicant fails to provide the Agency with any information required under subsection (4) above, the Agency may refuse to proceed with the application or refuse to proceed with it until the information is provided.

90B Enforcement notices.

(1) If the Agency is of the opinion that the holder of a relevant consent is contravening any condition of the consent, or is likely to contravene any such condition, the Agency may serve on him a notice (an "enforcement notice").

(2) An enforcement notice shall--

(a) state that the Agency is of the said opinion;

(b) specify the matters constituting the contravention or the matters making it likely that the contravention will arise;

(c) specify the steps that must be taken to remedy the contravention or, as the case may be, to remedy the matters making it likely that the contravention will arise; and

(d) specify the period within which those steps must be taken.

(3) Any person who fails to comply with any requirement imposed by an enforcement notice 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.

(4) If the Agency is of the opinion that proceedings for an offence under subsection (3) above would afford an ineffectual remedy against a person who has failed to comply with the requirements of an enforcement notice, the Agency may take proceedings in the High Court for the purpose of securing compliance with the notice.

(5) The Secretary of State may, if he thinks fit in relation to any person, give to the Agency directions as to whether the Agency should exercise its powers under this section and as to the steps which must be taken.

(6) In this section--

"relevant consent" means--
(a)
a consent for the purposes of section 89(4)(a) or 90(1) or (2) above; or
(b)
a discharge consent, within the meaning of section 91 below; and
"the holder", in relation to a relevant consent, is the person who has the consent in question. "

143 (1) In section 91 of that Act (appeals in respect of consents under Chapter II of Part III of that Act), in subsection (1) (which specifies the decisions which are subject to appeal)--

(a) in paragraph (d) (which refers to paragraph 7(1) or (2) of Schedule 10) for the words "7(1)" there shall be substituted the words "8(1)"; and

(b) at the end there shall be added--

" (g) has refused a person a variation of any such consent as is mentioned in paragraphs (a) to (f) above or, in allowing any such variation, has made the consent subject to conditions; or

(h) has served an enforcement notice on any person. "

(2) In subsection (2) of that section (persons who may appeal)--

(a) after the words "who applied for the consent" there shall be inserted the words "or variation"; and

(b) after the words "would be authorised by the consent" there shall be inserted the words ", or the person on whom the enforcement notice was served,".

(3) For subsections (3) to (7) of that section there shall be substituted--

" (2A) This section is subject to section 114 of the 1995 Act (delegation or reference of appeals etc).

(2B) An appeal under this section shall, if and to the extent required by regulations under subsection (2K) below, be advertised in such manner as may be prescribed by regulations under that subsection.

(2C) If either party to the appeal so requests or the Secretary of State so decides, an appeal shall be or continue in the form of a hearing (which may, if the person hearing the appeal so decides, be held, or held to any extent, in private).

(2D) On determining an appeal brought by virtue of any of paragraphs (a) to (g) of subsection (1) above against a decision of the Agency, the Secretary of State--

(a) may affirm the decision;

(b) where the decision was a refusal to grant a consent or a variation of a consent, may direct the Agency to grant the consent or to vary the consent, as the case may be;

(d) where the decision was to revoke a consent, may quash the decision;

(e) where the decision relates to a period specified for the purposes of paragraph 8(1) or (2) of Schedule 10 to this Act, may modify any provisions specifying that period;

and where he exercises any of the powers in paragraphs (b), (c) or (d) above, he may give directions as to the conditions to which the consent is to be subject.

(2E) On the determination of an appeal brought by virtue of paragraph (h) of subsection (1) above, the Secretary of State may either quash or affirm the enforcement notice and, if he affirms it, may do so either in its original form or with such modifications as he may in the circumstances think fit.

(2F) Subject to subsection (2G) below, where an appeal is brought by virtue of subsection (1)(c) above against a decision--

(a) to revoke a discharge consent,

(b) to modify the conditions of any such consent, or

the revocation, modification or provision shall not take effect pending the final determination or the withdrawal of the appeal.

(2G) Subsection (2F) above shall not apply to a decision in the case of which the notice effecting the revocation, modification or provision in question includes a statement that in the opinion of the Agency it is necessary for the purpose of preventing or, where that is not practicable, minimising--

(a) the entry into controlled waters of any poisonous, noxious or polluting matter or any solid waste matter, or

(b) harm to human health,

that that subsection should not apply.

(2H) Where the decision under appeal is one falling within subsection (2G) above, if, on the application of the holder or former holder of the consent, the Secretary of State or other person determining the appeal determines that the Agency acted unreasonably in excluding the application of subsection (2F) above, then--

(a) if the appeal is still pending at the end of the day on which the determination is made, subsection (2F) above shall apply to the decision from the end of that day; and

(b) the holder or former holder of the consent shall be entitled to recover compensation from the Agency in respect of any loss suffered by him in consequence of the exclusion of the application of that subsection;

and any dispute as to a person's entitlement to such compensation or as to the amount of it shall be determined by arbitration.

(2J) Where an appeal is brought under this section against an enforcement notice, the bringing of the appeal shall not have the effect of suspending the operation of the notice.

(2K) Provision may be made by the Secretary of State by regulations with respect to appeals under this section and in particular--

(a) as to the period within which and the manner in which appeals are to be brought; and

(b) as to the manner in which appeals are to be considered. "

(4) In subsection (8) of that section (which refers to paragraph 5 of Schedule 10) for the word "5" there shall be substituted the word "6".

144 In section 92 of that Act (requirements to take precautions against pollution) after subsection (2) (which includes provision for regulations to provide for appeals to the Secretary of State) there shall be added--

" (3) This section is subject to section 114 of the 1995 Act (delegation or reference of appeals etc). "

145 In section 96 of that Act (regulations with respect to consents required by virtue of section 93 etc, including provision with respect to appeals) after subsection (3) there shall be added--

" (4) This section is subject to section 114 of the 1995 Act (delegation or reference of appeals etc). "

146 Section 105(1) of that Act (National Rivers Authority to exercise general supervision over matters relating to flood defence) shall cease to have effect.

147 (1) In section 110 of that Act (applications for consents and approvals under section 109) in subsection (1) (which confers power to charge an application fee of £50 or such other sum as may be specified by order made by the Ministers) for the words "specified by order made by the Ministers" there shall be substituted the word "prescribed".

(2) In subsection (4)(b) of that section (which provides for questions as to unreasonable withholding of any consent or approval to be referred to the Ministers or the Secretary of State if the parties cannot agree on an arbitrator) for the words "the Ministers" there shall be substituted the words "the Minister".

(3) After subsection (5) of that section there shall be inserted--

" (6) In subsection (1) above "prescribed" means specified in, or determined in accordance with, an order made by the Ministers; and any such order may make different provision for different cases, including different provision in relation to different persons, circumstances or localities. "

148 Section 114 (general fisheries duty of the National Rivers Authority) shall cease to have effect.

149 Section 117 (general financial duties of the National Rivers Authority) shall cease to have effect.

150 (1) Section 118 of that Act (special duties with respect to flood defence revenue) shall be amended in accordance with the following provisions of this paragraph.

(2) In subsection (1)(b) (such revenue to be disregarded in determining the amount of any surplus for the purposes of section 117(3)) for the words "section 117(3) above" there shall be substituted the words "section 44(4) of the 1995 Act".

(3) In subsection (2)(b) (flood defence revenue to include revenue raised by general drainage charges under sections 134 to 136) for the words "to 136" there shall be substituted the words "and 135".

151 (1) In section 119 of that Act (duties with respect to certain funds raised under local enactments) for subsection (1) (duty of the National Rivers Authority, in respect of funds created for fishery purposes under local enactments, not to use those funds except for the purposes for which they could have been used if the [1963 c. 38.] Water Resources Act 1963 had not been passed) there shall be substituted--

" (1) Where the Agency holds any funds, or any interest in any funds, which immediately before the transfer date the National Rivers Authority, by virtue of this subsection as originally enacted, was not permitted to use except for particular purposes, those funds or that interest shall not be used except for the purposes for which they could be used by virtue of this subsection as originally enacted.

(1A) For the purposes of subsection (1) above, "the transfer date" has the same meaning as in Part I of the 1995 Act. "

(2) In subsection (2) of that section (certain funds raised under local enactments to be disregarded in determining the amount of any surplus for the purposes of section 117(3)) for the words "section 117(3) above" there shall be substituted the words "section 44(3) of the 1995 Act".

152 Sections 121 to 124 of that Act (accounts of the Authority, audit and schemes imposing water resources charges) shall cease to have effect.

153 Sections 126(6) and 129(4) of that Act (each of which applies section 68) shall cease to have effect.

154 Sections 131 and 132 of that Act (schemes of charges in connection with control of pollution) shall cease to have effect.

155 Section 146 of that Act (revenue grants by the Secretary of State to the National Rivers Authority) shall cease to have effect.

156 Sections 150 to 153 of that Act (grants for national security purposes, borrowing powers of the National Rivers Authority, loans to the Authority, and Treasury guarantees of the Authority's borrowing) shall cease to have effect.

157 In section 154 of that Act (compulsory purchase etc) in subsection (6), for the words "(including section 4 above) or otherwise" there shall be substituted the words "or otherwise (including section 37 of the 1995 Act (incidental general powers of the Agency))".

158 In section 156 of that Act (acquisition of land etc for fisheries purposes) for the words "Without prejudice to section 4 above", in each place where they occur, there shall be substituted the words "Without prejudice to section 37 of the 1995 Act (incidental general powers of the Agency)".

159 In section 157 of that Act (restriction on disposals of compulsorily acquired land) for subsection (6) (meaning of "compulsorily acquired land") there shall be substituted--

" (6) In this section "compulsorily acquired land", in relation to the Agency, means any land of the Agency which--

(a) was acquired by the Agency compulsorily under the provisions of section 154 above or of an order under section 168 below;

(b) was acquired by the Agency at a time when it was authorised under those provisions to acquire the land compulsorily;

(c) being land which has been transferred to the Agency from the Authority by section 3 of the 1995 Act, was acquired by the Authority--

(i) compulsorily, under the provisions of section 154 above or of an order under section 168 below or under the provisions of section 151 of the [1989 c. 15.] Water Act 1989 or of an order under section 155 of that Act; or

(ii) at a time when it was authorised under those provisions to acquire the land compulsorily;

(d) being land--

(i) which has been so transferred, and

(ii) which was transferred to the Authority in accordance with a scheme under Schedule 2 to the [1989 c. 29.] Water Act 1989,

was acquired by a predecessor of the Authority compulsorily under so much of any enactment in force at any time before 1st September 1989 as conferred powers of compulsory acquisition; or

(e) being land transferred as mentioned in sub-paragraphs (i) and (ii) of paragraph (d) above, was acquired by such a predecessor at a time when it was authorised to acquire the land by virtue of any such powers as are mentioned in that paragraph. "

160 In section 158 of that Act (works agreements for water resources purposes) in subsection (1) (which is expressed to be without prejudice to the generality of the powers conferred by section 4) for the words "section 4 above" there shall be substituted the words "section 37 of the 1995 Act (incidental general powers of the Agency)".

161 (1) Section 161 of that Act (anti-pollution works and operations) shall be amended in accordance with the following provisions of this paragraph.

(2) In subsection (1) (power, subject to subsection (2), to carry out works and operations etc) for the words "Subject to subsection (2) below," there shall be substituted the words "Subject to subsections (1A) and (2) below,".

(3) After that subsection there shall be inserted--

" (1A) Without prejudice to the power of the Agency to carry out investigations under subsection (1) above, the power conferred by that subsection to carry out works and operations shall only be exercisable in a case where--

(a) the Agency considers it necessary to carry out forthwith any works or operations falling within paragraph (a) or (b) of that subsection; or

(b) it appears to the Agency, after reasonable inquiry, that no person can be found on whom to serve a works notice under section 161A below. "

162 After that section there shall be inserted--

" 161A Notices requiring persons to carry out anti-pollution works and operations.

(1) Subject to the following provisions of this section, where it appears to the Agency that any poisonous, noxious or polluting matter or any solid waste matter is likely to enter, or to be or to have been present in, any controlled waters, the Agency shall be entitled to serve a works notice on any person who, as the case may be,--

(a) caused or knowingly permitted the matter in question to be present at the place from which it is likely, in the opinion of the Agency, to enter any controlled waters; or

(b) caused or knowingly permitted the matter in question to be present in any controlled waters.

(2) For the purposes of this section, a "works notice" is a notice requiring the person on whom it is served to carry out such of the following works or operations as may be specified in the notice, that is to say--

(a) in a case where the matter in question appears likely to enter any controlled waters, works or operations for the purpose of preventing it from doing so; or

(b) in a case where the matter appears to be or to have been present in any controlled waters, works or operations for the purpose--

(i) of removing or disposing of the matter;

(ii) of remedying or mitigating any pollution caused by its presence in the waters; or

(iii) so far as it is reasonably practicable to do so, of restoring the waters, including any flora and fauna dependent on the aquatic environment of the waters, to their state immediately before the matter became present in the waters.

(3) A works notice--

(a) must specify the periods within which the person on whom it is served is required to do each of the things specified in the notice; and

(b) is without prejudice to the powers of the Agency by virtue of section 161(1A)(a) above.

(4) Before serving a works notice on any person, the Agency shall reasonably endeavour to consult that person concerning the works or operations which are to be specified in the notice.

(5) The Secretary of State may by regulations make provision for or in connection with--

(a) the form or content of works notices;

(b) requirements for consultation, before the service of a works notice, with persons other than the person on whom that notice is to be served;

(c) steps to be taken for the purposes of any consultation required under subsection (4) above or regulations made by virtue of paragraph (b) above; or

(d) any other steps of a procedural nature which are to be taken in connection with, or in consequence of, the service of a works notice.

(6) A works notice shall not be regarded as invalid, or as invalidly served, by reason only of any failure to comply with the requirements of subsection (4) above or of regulations made by virtue of paragraph (b) of subsection (5) above.

(7) Nothing in subsection (1) above shall entitle the Agency to require the carrying out of any works or operations which would impede or prevent the making of any discharge in pursuance of a consent given under Chapter II of Part III of this Act.

(8) No works notice shall be served on any person requiring him to carry out any works or operations in respect of water from an abandoned mine or an abandoned part of a mine which that person permitted to reach such a place as is mentioned in subsection (1)(a) above or to enter any controlled waters.

(9) Subsection (8) above shall not apply to the owner or former operator of any mine or part of a mine if the mine or part in question became abandoned after 31st December 1999.

(10) Subsections (3B) and (3C) of section 89 above shall apply in relation to subsections (8) and (9) above as they apply in relation to subsections (3) and (3A) of that section.

(11) Where the Agency--

(a) carries out any such investigations as are mentioned in section 161(1) above, and

(b) serves a works notice on a person in connection with the matter to which the investigations relate,

it shall (unless the notice is quashed or withdrawn) be entitled to recover the costs or expenses reasonably incurred in carrying out those investigations from that person.

(12) The Secretary of State may, if he thinks fit in relation to any person, give directions to the Agency as to whether or how it should exercise its powers under this section.

(13) In this section--

"controlled waters" has the same meaning as in Part III of this Act;
"mine" has the same meaning as in the [1954 c. 70.] Mines and Quarries Act 1954.

161B Grant of, and compensation for, rights of entry etc.

(1) A works notice may require a person to carry out works or operations in relation to any land or waters notwithstanding that he is not entitled to carry out those works or operations.

(2) Any person whose consent is required before any works or operations required by a works notice may be carried out shall grant, or join in granting, such rights in relation to any land or waters as will enable the person on whom the works notice is served to comply with any requirements imposed by the works notice.

(3) Before serving a works notice, the Agency shall reasonably endeavour to consult every person who appears to it--

(a) to be the owner or occupier of any relevant land, and

(b) to be a person who might be required by subsection (2) above to grant, or join in granting, any rights,

concerning the rights which that person may be so required to grant.

(4) A works notice shall not be regarded as invalid, or as invalidly served, by reason only of any failure to comply with the requirements of subsection (3) above.

(5) A person who grants, or joins in granting, any rights pursuant to subsection (2) above shall be entitled, on making an application within such period as may be prescribed and in such manner as may be prescribed to such person as may be prescribed, to be paid by the person on whom the works notice in question is served compensation of such amount as may be determined in such manner as may be prescribed.

(6) Without prejudice to the generality of the regulations that may be made by virtue of subsection (5) above, regulations by virtue of that subsection may make such provision in relation to compensation under this section as may be made by regulations by virtue of subsection (4) of section 35A of the [1990 c. 43.] Environmental Protection Act 1990 in relation to compensation under that section.

(7) In this section--

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