Control of Pollution (Exemption of Certain Discharges from Control) (Variation) Order 1986
| Jurisdiction | UK Non-devolved |
| Citation | SI 1986/1623 |
| Year | 1986 |
1986 No. 1623
PUBLIC HEALTH, ENGLAND AND WALES PUBLIC HEALTH, SCOTLAND
The Control of Pollution (Exemption of Certain Discharges from Control) (Variation) Order 1986
Made 16th September 1986
Laid before Parliament 24th September 1986
The Secretary of State, in exercise of the powers conferred on him by sections 32(3)(b) and 104(1)(a) of the Control of Pollution Act 1974 and of all other powers enabling him in that behalf, hereby makes the following order:—
Citation and commencement
1.—(1) This order may be cited as the Control of Pollution (Exemption of Certain Discharges from Control) (Variation) Order 1986 and shall, subject to paragraph (2), come into operation on 15th October 1986.
(2) Article 2(a) and (c) and the Schedule shall come into operation on 15th October 1987.
Variation of the Control of Pollution (Exemption of Certain Discharges from Control) Order 1983
2. The Control of Pollution (Exemption of Certain Discharges from Control) Order 1983 (“the 1983 Order”) shall be varied as follows—
(a) in article 3 (certain discharges to be exempt from control under section 32 of the Control of Pollution Act 1974) the proviso shall be omitted;
(b) in article 4 (publicity to be given by water authorities to exemptions from control effected by order) after the words there shall be inserted the words and for the words there shall be substituted the words ; and
(c) for the Schedule, there shall be substituted the Schedule to this order.
Transitional Provisions
3. Where an application for consent in pursuance of section 34 of the Control of Pollution Act 1974 in respect of any discharge is duly made to a water authority before 15th October 1987 and the discharge in question is substantially a continuation of a previous discharge which during the year ending on 14th October 1987 was by virtue of article 3 of the 1983 Order lawfully made without such consent (any reduction of the temperature, volume or rate of the discharge as compared with that of the previous discharge being disregarded), the authority shall be deemed to have given unconditionally the consent applied for—
(a) until the authority actually gives the consent unconditionally; or
(b) if the authority refuses consent or gives it subject to conditions, until the expiration of the period of three months beginning with the date when the authority serves on the applicant notice of the refusal or the conditions subject to which consent is given; or
(c) if during that period the applicant appeals to the Secretary of State against the decision in pursuance of section 39 of that...
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