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Fire hydrants | |
86 Fire hydrants | |
(1) After subsection (4) of section 57 of the WIA (duty to supply water etc for fire- | |
fighting) there is inserted— | |
“(4A) Where a fire-hydrant is removed (other than at the request of the fire | 5 |
authority concerned) by a water undertaker in the course of carrying | |
out works in relation to any of its water mains or other pipes, the cost | |
of replacing the fire-hydrant shall be borne by the undertaker.” | |
(2) After subsection (4) of section 58 of the WIA (specially requested fire-hydrants) | |
there is inserted— | 10 |
“(4A) Where a specially requested fire-hydrant is removed (other than at the | |
request of the owner or occupier of the factory or place of business in | |
question) by a water undertaker in the course of carrying out works in | |
relation to any of its water mains or other pipes, the cost of replacing | |
the fire-hydrant shall be borne by the undertaker.” | 15 |
Coal mine water pollution | |
87 Control of water from coal mines | |
(1) After section 4 of the Coal Industry Act 1994 (c. 21) there is inserted— | |
“4A Power of the Authority with respect to coal mine water discharge | |
(1) The Authority may take such action as it considers appropriate (if any) | 20 |
for the purpose of preventing, or mitigating the effect of, the discharge | |
of water from a coal mine into or on to any land or into any controlled | |
waters. | |
(2) In this section and sections 4B and 4C below— | |
(a) “controlled waters” has the meaning given by section 104 of the | 25 |
Water Resources Act 1991; and | |
(b) references to coal mines are to coal mines vested in the | |
Authority. | |
4B Coal mine water discharge: powers of entry | |
(1) If the Authority is of the opinion that a discharge of water from a coal | 30 |
mine into or on to any land or into any controlled waters has caused, is | |
causing or is likely to cause— | |
(a) serious pollution of the environment; or | |
(b) danger to life or health, | |
the Authority may, for any purpose specified in subsection (2) below, | 35 |
in writing authorise a person to exercise, in accordance with the terms | |
of the authorisation, any of the powers specified in subsection (3) | |
below. | |
(2) The purposes are— | |
(a) to determine the extent of the pollution or of the danger, or the | 40 |
likelihood of serious pollution or such danger; | |
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(b) to determine whether, and, if so, how, the Authority should | |
exercise its power under section 4A above; | |
(c) to take action under that section. | |
(3) The powers are— | |
(a) to enter at any reasonable time (or, in an emergency, at any time | 5 |
and, if need be, using reasonable force) any premises which the | |
authorised person has reason to believe it is necessary for him | |
to enter; | |
(b) to use a vehicle or a boat to do so; | |
(c) on entering any premises by virtue of paragraph (a) above, to | 10 |
take with him— | |
(i) any other person authorised by the Authority and, if the | |
authorised person reasonably believes he is likely to be | |
obstructed, a constable; and | |
(ii) any equipment or materials needed for any purpose for | 15 |
which the power of entry is being exercised; | |
(d) to make such examination and investigation as may in any | |
circumstances be necessary; | |
(e) to take such measurements and photographs and make such | |
recordings as he considers necessary for the purpose of any | 20 |
examination or investigation under paragraph (d) above; | |
(f) to take samples, or cause samples to be taken, of any articles or | |
substances found in or on any premises which he has power to | |
enter, and of the air or water or land in, on, or in the vicinity of, | |
the premises; | 25 |
(g) to require any person to give him such facilities and assistance | |
with respect to any matters or things within that person’s | |
control or in relation to which that person has responsibilities as | |
are necessary to enable the authorised person to exercise any of | |
the powers conferred on him by this section. | 30 |
(4) The powers which are conferred in relation to any land by this section | |
include power, for the purposes mentioned in subsection (2) above— | |
(a) to carry out experimental borings or other works on those | |
premises; and | |
(b) to install, keep or maintain monitoring and other apparatus | 35 |
there. | |
(5) Except in an emergency, in any case where it is proposed to enter any | |
premises used for residential purposes, or to take heavy equipment on | |
to any premises which are to be entered, any entry by virtue of this | |
section shall only be effected— | 40 |
(a) after the expiration of at least seven days’ notice of the proposed | |
entry given to a person who appears to the authorised person in | |
question to be in occupation of the premises in question; and | |
(b) either— | |
(i) with the consent of a person who is in occupation of | 45 |
those premises; or | |
(ii) under the authority of a warrant by virtue of Schedule | |
1A to this Act. | |
(6) Except in an emergency, where an authorised person proposes to enter | |
any premises and— | 50 |
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(a) entry has been refused and he reasonably believes that the use | |
of force may be necessary to effect entry; or | |
(b) he reasonably believes that entry is likely to be refused and that | |
the use of force may be necessary to effect entry, | |
any entry on to those premises by virtue of this section shall be effected | 5 |
only under the authority of a warrant by virtue of Schedule 1A to this | |
Act. | |
(7) In relation to any premises belonging to or used for the purposes of the | |
United Kingdom Atomic Energy Authority, subsections (1) to (3) above | |
shall have effect subject to section 6(3) of the Atomic Energy Authority | 10 |
Act 1954 (which restricts entry to such premises where they have been | |
declared to be prohibited places for the purposes of the Official Secrets | |
Act 1911). | |
(8) Schedule 1A to this Act shall have effect with respect to the powers of | |
entry and related powers which are conferred by this section. | 15 |
(9) In this section, “premises” includes any land, vehicle or vessel, and any | |
plant which is designed to move or be moved (whether or not on | |
roads). | |
4C Coal mine water discharge: compulsory purchase of land | |
(1) The Authority may be authorised by the Secretary of State to purchase | 20 |
compulsorily any land anywhere in England and Wales where he is of | |
the opinion that— | |
(a) the purchase is required by the Authority for the purpose of | |
preventing, or mitigating the effect of, a discharge of water from | |
a coal mine; and | 25 |
(b) the discharge has caused, is causing or is likely to cause | |
significant pollution of controlled waters or serious harm to | |
human health. | |
(2) The power of the Secretary of State under subsection (1) above shall | |
include power— | 30 |
(a) to authorise the acquisition of interests in, and rights over, land | |
by the creation of new interests and rights; and | |
(b) by authorising the acquisition by the Authority of any rights | |
over land which is to be or has been acquired by the Authority, | |
to provide for the extinguishment of those rights. | 35 |
(3) Without prejudice to the generality of subsection (1) above, the land | |
which the Authority may be authorised under that subsection to | |
purchase compulsorily shall include land which is or will be required | |
for the purpose of being given in exchange for, or for any right over, | |
any other land which for the purposes of the Acquisition of Land Act | 40 |
1981 is or forms part of a common, open space or a fuel or field garden | |
allotment. | |
(4) The Acquisition of Land Act 1981 shall apply to any compulsory | |
purchase under subsection (1) above of any land by the Authority; and | |
Schedule 3 to that Act shall apply to the compulsory acquisition under | 45 |
that subsection of rights by the creation of new rights. | |
(5) Schedule 1B to this Act shall have effect for the purpose of modifying | |
enactments relating to compensation and the provisions of the | |
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Compulsory Purchase Act 1965 in their application in relation to the | |
compulsory acquisition under subsection (1) above of a right over land | |
by the creation of a new right.” | |
(2) Schedules 5 and 6 (which respectively insert Schedules 1A and 1B into the Coal | |
Industry Act 1994 (c. 21)) are to have effect. | 5 |
(3) In subsection (7) of section 68 of the Coal Industry Act 1994 (extent, etc), before | |
paragraph (a) there is inserted— | |
“(za) sections 4A to 4C and Schedules 1A and 1B;”. | |
Contaminated land | |
88 Contaminated land: pollution of controlled waters | 10 |
(1) The Environmental Protection Act 1990 (c. 43) is amended as follows. | |
(2) In section 78A (which contains provisions for the interpretation of Part 2A of | |
the 1990 Act, relating to contaminated land)— | |
(a) for subsection (2)(b) there is substituted— | |
“(b) significant pollution of controlled waters is being | 15 |
caused or there is a significant possibility of such | |
pollution being caused;”, | |
(b) in subsection (5)— | |
(i) in paragraph (a), after “harm” there is inserted “or pollution of | |
controlled waters”, | 20 |
(ii) in paragraph (b), after “harm” there is inserted “or of significant | |
pollution of controlled waters”, and | |
(iii) paragraph (c) is omitted, | |
(c) in subsection (6)— | |
(i) in paragraph (a), after “systems” there is inserted “, or of | 25 |
poisonous, noxious or polluting matter or solid waste matter”, | |
(ii) in paragraph (b), after “places” there is inserted “or controlled | |
waters, or different degrees of pollution”, and | |
(iii) after “significant harm” there is inserted “or of significant | |
pollution”, | 30 |
(d) in subsection (7)(b)(i), before “pollution” there is inserted “significant”, | |
(e) in subsection (8), for the words from “pollution” to the end there is | |
substituted “significant pollution of those waters is being caused or | |
there is a significant possibility of such pollution being caused”, and | |
(f) in subsection (9), in paragraph (a) of the definition of “controlled | 35 |
waters”, after “1991” there is inserted “except that “ground waters” | |
does not include waters contained in underground strata but above the | |
saturation zone”. | |
(3) In section 78C (identification and designation of special sites), in subsection | |
(10)— | 40 |
(a) in paragraph (a)(ii), for “be, or would be likely to be, caused” there is | |
substituted “or might be caused”, and | |
(b) in paragraph (b), before “pollution” there is inserted “significant”. | |
(4) In section 78E (duty of enforcing authority to require remediation of | |
contaminated land), in subsection (4)(b), after “or” there is inserted “of the”. | 45 |
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(5) In section 78K (liability in respect of contaminating substances which escape to | |
other land), in each of subsections (3) and (4), for the words from “is being | |
caused” to “likely to be caused” there is substituted “, or significant pollution | |
of controlled waters, is being caused, or there is a significant possibility of such | |
harm or pollution being caused”. | 5 |
(6) In section 78X (supplementary provisions relating to contaminated land)— | |
(a) in subsection (1)— | |
(i) for paragraph (b) there is substituted— | |
“(b) significant pollution of controlled waters is | |
being caused or there is a significant possibility | 10 |
of such pollution being caused,”, and | |
(ii) for the words from “is being caused, or” to “likely to be caused” | |
there is substituted “, or significant pollution of controlled | |
waters, is being caused, or there is a significant possibility of | |
such harm or pollution being caused”, and | 15 |
(b) in subsection (2), for the words from “is being caused” to “likely to be, | |
caused” there is substituted “, or significant pollution of controlled | |
waters, is being caused, or there is a significant possibility of such harm | |
or pollution being caused”. | |
(7) In section 78YB (interaction of Part 2A of the Environmental Protection Act | 20 |
1990 with other enactments), in each of subsections (1)(b) and (2), before | |
“pollution” there is inserted “significant”. | |
Discharge consents | |
89 Transfer of discharge consents | |
(1) Paragraph 11 of Schedule 10 to the WRA (transfer of discharge consents) is | 25 |
amended as follows. | |
(2) In sub-paragraph (2), the words “, subject to sub-paragraph (4) below,” are | |
omitted. | |
(3) In sub-paragraph (3), the words “, subject to sub-paragraph (4) below,” are | |
omitted. | 30 |
(4) Sub-paragraph (4) is omitted. | |
(5) For sub-paragraph (6) there is substituted— | |
“(6) Where a consent under paragraph 3 or 6 above is to be transferred | |
under sub-paragraph (1) above— | |
(a) the person from whom and the person to whom the consent | 35 |
is to be transferred shall give joint notice to the Agency of the | |
proposed transfer; | |
(b) the notice may specify the date on which it is proposed that | |
the transfer should take effect; | |
(c) within twenty-one days beginning with the date of receipt of | 40 |
the notice duly given in accordance with sub-paragraph (6A) | |
below, the Agency shall— | |
(i) arrange to amend the consent by substituting the | |
name of the transferee as holder of the consent; and | |
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(ii) serve notice on the transferor and the transferee that | |
the amendment has been made; and | |
(d) the transfer shall take effect from the later of— | |
(i) the date on which the Agency amends the consent; | |
and | 5 |
(ii) the date (if any) specified in the joint notice under | |
paragraph (a) above. | |
(6A) A joint notice under sub-paragraph (6)(a) above shall include such | |
information as may be prescribed. | |
(6B) If the person from whom the consent is to be transferred is a person | 10 |
in whom the consent has vested by virtue of sub-paragraph (2) or (3) | |
above, a joint notice given under sub-paragraph (6)(a) above shall be | |
of no effect unless the notice required by sub-paragraph (7) below | |
has been given. | |
(6C) A notice or other instrument given by or on behalf of the Agency | 15 |
pursuant to sub-paragraph (6) above shall not constitute an | |
instrument signifying the consent of the Agency for the purposes of | |
paragraph 8 above.” | |
(6) In sub-paragraph (9), the words “(6) or” are omitted. | |
Trade effluent consents | 20 |
90 Trade effluent consents | |
(1) For section 139 of the WIA (power to apply Chapter 3 of Part 4 of the WIA to | |
other effluents) there is substituted— | |
“139 Power to apply Chapter 3 to specified activities | |
(1) The Secretary of State may by order provide, in relation to discharge | 25 |
into public sewers— | |
(a) that a liquid or other matter of a description specified in the | |
order shall be treated as if it were trade effluent for the purposes | |
of this Chapter; or | |
(b) that— | 30 |
(i) the discharge restrictions shall not apply to a liquid or | |
other matter of a description specified in the order; and | |
(ii) (in the case of a liquid) the liquid shall be deemed not to | |
be trade effluent for the purposes of this Chapter. | |
(2) An order under subsection (1) above may so provide whether or not the | 35 |
liquid or other matter specified would otherwise have fallen within (or, | |
as the case may be, outside) a proper construction of “trade effluent” as | |
defined in section 141(1) below. | |
(3) An order under subsection (1) may so provide, in relation to the liquid | |
or other matter specified, either generally or in particular cases or | 40 |
classes of case or for particular purposes or as otherwise specified in the | |
order. | |
(4) In this section, references to the discharge restrictions are references | |
to— | |
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(a) the restrictions imposed by paragraphs (a) and (b) of section | |
106(2) above; and | |
(b) the restrictions imposed by section 111 above so far as it relates | |
to anything falling within paragraph (a) or (b) of subsection (1) | |
of that section. | 5 |
(5) Where any provisions of this Chapter are to apply to a liquid or other | |
matter by virtue of an order under subsection (1)(a) above, the order | |
may provide for them so to apply subject to such modifications as may | |
be specified in the order and, in particular, subject to any such | |
modification of the meaning for the purposes of this Chapter of the | 10 |
expression “trade premises” as may be so specified. | |
(6) The Secretary of State may include in an order under subsection (1) | |
above such provisions as appear to him expedient for modifying any | |
enactment as that enactment applies in relation to the discharge into | |
sewers of any liquid or other matter specified in the order. | 15 |
(7) Where the discharge restrictions do not apply to a liquid by virtue of an | |
order under subsection (1)(b) above, subsections (3) to (8) of section 106 | |
above and sections 108 and 109 above shall have effect in relation to | |
communication with a sewer for the purpose of making any discharge | |
of that liquid as they apply in relation to any other discharges which are | 20 |
authorised by subsection (1) of section 106 above. | |
(8) The Secretary of State may include in an order under this section such | |
other supplemental, incidental or transitional provision as appears to | |
him to be expedient. | |
(9) The power to make an order under this section shall be exercisable by | 25 |
statutory instrument, but such an instrument shall not be made unless | |
a draft of the instrument has been laid before, and approved by a | |
resolution of, each House of Parliament. | |
(10) In this section, references to a liquid are to a liquid either with or | |
without particles of matter in suspension in the liquid.” | 30 |
(2) In section 94 of the WIA (general duty to provide sewerage system), in | |
subsection (5), at the end there is added “; and, accordingly, section 139 below | |
shall have effect for the purposes of this section as it has effect for the purposes | |
of Chapter 3 of this Part.”. | |
(3) In section 138 of the WIA (meaning of “special category effluent”), subsection | 35 |
(5) is omitted. | |
(4) In section 141 of the WIA (interpretation of Chapter 3), in subsection (1), after | |
“requires” there is inserted “and subject to section 139 above”. | |
(5) In section 171 of the WIA (entry for sewerage purposes), in subsection (3), after | |
“trade effluent” there is inserted “or any other liquid or substance”. | 40 |
91 Trade effluent consents: conditions of consent | |
(1) In section 119 of the WIA (application for consent)— | |
(a) after paragraph (a) of subsection (2) there is inserted— | |
“(ab) the steps proposed to be taken, in relation to the | |
discharge or by way of subjecting any substance likely | 45 |
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