Rivers (Prevention of Pollution) (Scotland) Act 1965

JurisdictionUK Non-devolved
Citation1965 c. 13


Rivers (Prevention ofPollution) (Scotland)Act 1965

1965 CHAPTER 13

An Act to make further provision for maintaining or restoring the cleanliness of the rivers and other inland waters and of the tidal waters of Scotland; to amend the Rivers (Prevention of Pollution) (Scotland) Act 1951; and for purposes connected with the matters aforesaid.

[2nd June 1965]

Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

Control of certain discharges of effluent

Control of certain discharges of effluent

S-1 River purification authority's consent for certain discharges of effluent.

1 River purification authority's consent for certain discharges of effluent.

(1) Subject to this Act, it shall be unlawful on and after the date appointed under this section to make a discharge of trade or sewage effluent to a stream, being a discharge which is not controlled under section 28 of the principal Act, without the consent under this Act of the river purification authority.

(2) An application to the river purification authority for their consent under this Act shall state—

(a ) the nature and composition of the effluent in respect of which the application is made,

(b ) the maximum temperature of the effluent at the time when it is to be discharged,

(c ) the maximum volume of the effluent which it is proposed to discharge on any one day, and

(d ) the highest rate at which it is proposed to discharge the effluent.

(3) On an application for consent under subsection (1) of this section the river purification authority may grant their consent subject to such conditions as they may think fit, being conditions—

(a ) as to the nature and composition, temperature, volume or rate of discharge of effluent from the land or premises to which the application relates, and

(b ) as to the provision of facilities for taking samples of what is passing from the land or premises to the stream, and in particular as to the provision and maintenance of inspection chambers or manholes,

and any such conditions may be framed so as to have effect for a specified period, or for a period beginning or ending with a specified date.

(4) Where a river purification authority refuse their consent to an application, or where they grant their consent subject to conditions, under this Act or section 28 of the principal Act, the authority shall communicate in writing their decision and the reasons therefor to the applicant.

(5) Subject to this Act, where on or after the date appointed under this section a discharge of trade or sewage effluent, being a discharge which is not controlled under section 28 of the principal Act, is made to a stream without the consent under this Act of the river purification authority, the river purification authority may give to the person making the discharge a notice imposing for the reasons stated therein any such conditions as they might have imposed on an application for their consent for making the discharge.

(6) No conditions imposed under this section shall take effect until the expiration of a period of three months beginning with the giving of the consent, or, as the case may be, the giving of the notice under subsection (5) of this section, and if before the expiration of the said period of three months an applicant for consent under this section or, as the case may be, a person on whom a notice has been served under this section has appealed under this Act to the Secretary of State, no conditions imposed under this section shall take effect until the appeal is withdrawn or disposed of.

(7) No person shall cause or knowingly permit to enter a stream from land or premises, in relation to which conditions have been imposed under this Act and are for the time being in force, a trade or sewage effluent not complying with those conditions.

(8) Section 23 of the principal Act shall apply in relation to the last foregoing subsection as it applies in relation to section 22(1) of that Act.

(9) For the purposes of this section a discharge which is not controlled under section 28 of the principal Act means a discharge of effluent in relation to which a river purification authority have no power to impose conditions of the kinds described in subsection (2)(b ) of that section, that is to say, conditions imposed as respects the making of a new discharge as defined in that section, with or without consent.

(10) The date appointed under this section shall be such date as the Secretary of State may by order appoint, being a date not less than fourteen months after the passing of this Act, but applications for consent under this section may be made before that date and where consent is granted before that date subject to conditions, those conditions may, subject to subsection (6) of this section, take effect before that date.

S-2 Protection while applications made before appointed date are being dealt with.

2 Protection while applications made before appointed date are being dealt with.

(1) If an application to the river purification authority for their consent under this Act is duly made before the date appointed under section 1 of this Act, and the application is not disposed of before that date, then, until the application is disposed of,—

(a ) it shall not be an offence under section 1(1) of this Act to make a discharge from the land or premises to which the application relates which is of the nature and composition specified in the application, and which does not, as respects temperature, volume and rate of discharge, exceed the amounts or limits specified in the application, and

(b ) no notice shall be given under section 1(5) of this Act imposing any conditions as respects the making of any such discharge.

(2) If an application to the river purification authority for their consent under this Act is duly made before the date appointed under section 1 of this Act, then, until the application is disposed of, it shall not be an offence under, or a contravention of—

(a ) section 22(1)(a ) of the principal Act, or

(b ) any order under section 23 of the principal Act, or

(c ) section 8 of the Salmon and Freshwater Fisheries Act 1923 , or

(d ) any byelaw under section 8 of the Sea Fisheries Regulation (Scotland) Act 1895 or of section 17 of that Act, or

(e ) paragraph 32 of Schedule 3 to the Gas Act 1948 ,

to make a discharge from the land or premises to which the application relates which is of the nature and composition specified in the application, and which does not, as respects temperature, volume and rate of discharge, exceed the amounts or limits specified in the application.

(3) In the case of an application before the said date, if it appears to the river purification authority that the applicant has since the making of the application failed to make proper use of, or to repair or maintain, any purification plant through which the effluent was being passed at the time of the application, then, notwithstanding that any discharge made by him has complied with the requirements of the last foregoing subsection, that authority may apply by way of summary application to the sheriff having jurisdiction in the area where the purification plant is situated, and, if the sheriff is satisfied that there has been a failure to make proper use of, or to repair or maintain any purification plant as aforesaid, he may order that the exemption conferred by that subsection shall be withdrawn from the applicant.

(4) For the purposes of this section an application for consent of the river purification authority shall not be regarded as disposed of—

(a ) until the river purification authority give their consent to the application, or give notice to the applicant that they refuse to give their consent, and

(b ) until a further period of three months beginning with the giving of the consent, or of a notice refusing the consent, has expired,

and if before the expiration of the said period of three months an appeal is made under this Act to the Secretary of State in respect of the withholding of consent, or of any terms of the consent, the application shall not be regarded as disposed of until the appeal to the Secretary of State is withdrawn or determined.

S-3 Furnishing of information.

3 Furnishing of information.

(1) The Secretary of State may, for the purpose of assisting river purification authorities to obtain the information required by them to deal with applications for their consent under this Act, by regulations contained in a statutory instrument prescribe the particulars which may, in accordance with the provisions of the next following subsection, be required of any applicant with regard to the effluents which have been or are being or are to be discharged from the land or premises to which the application relates.

(2) Any particulars prescribed under the foregoing subsection may be included in directions given by a river purification authority under section 18(4) of the principal Act to an applicant for their consent under this Act, and the proviso to the said subsection (4) (under which a person to whom directions are given under that subsection may make representations to the Secretary of State on the ground that the directions are unreasonable or unduly onerous) shall not apply to any directions so far as they relate to the giving of particulars prescribed under the foregoing subsection.

(3) If a person who has applied for the river purification authority's consent under this Act is convicted of a failure to comply with directions given under...

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