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Water Bill [HL]


Water Bill [HL]
Part 3 — Miscellaneous

    89

 

Coal mine water pollution

 78    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)

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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

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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

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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,

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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

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likelihood of serious pollution or such danger;

                  (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—

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                  (a)                 to enter at any reasonable time (or, in an emergency, at any time

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;

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                  (c)                 on entering any premises by virtue of paragraph (a) above, to

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

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                        (ii)                       any equipment or materials needed for any purpose for

which the power of entry is being exercised;

                  (d)                 to make such examination and investigation as may in any

circumstances be necessary;

 

 

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                  (e)                 to take such measurements and photographs and make such

recordings as he considers necessary for the purpose of any

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

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enter, and of the air or water or land in, on, or in the vicinity of,

the premises;

                  (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

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are necessary to enable the authorised person to exercise any of

the powers conferred on him by this section.

           (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

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premises; and

                  (b)                 to install, keep or maintain monitoring and other apparatus

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

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to any premises which are to be entered, any entry by virtue of this

section shall only be effected—

                  (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

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                  (b)                 either—

                        (i)                        with the consent of a person who is in occupation of

those premises; or

                        (ii)                       under the authority of a warrant by virtue of Schedule

1A to this Act.

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           (6)           Except in an emergency, where an authorised person proposes to enter

any premises and—

                  (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

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the use of force may be necessary to effect entry,

                                       any entry on to those premises by virtue of this section shall be effected

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

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United Kingdom Atomic Energy Authority, subsections (1) to (3) above

shall have effect subject to section 6(3) of the Atomic Energy Authority

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).

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           (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.

 

 

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Part 3 — Miscellaneous

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           (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

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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

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                  (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—

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                  (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.

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           (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

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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

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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

Compulsory Purchase Act 1965 in their application in relation to the

compulsory acquisition under subsection (1) above of a right over land

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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.

     (3)    In subsection (7) of section 68 of the Coal Industry Act 1994 (extent, etc), before

paragraph (a) there is inserted—

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                  “(za)                    sections 4A to 4C and Schedules 1A and 1B;”.

Contaminated land

 79    Contaminated land: pollution of controlled waters

     (1)    The Environmental Protection Act 1990 (c. 43) is amended as follows.

 

 

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Part 3 — Miscellaneous

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     (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

caused or there is a significant possibility of such

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pollution being caused;”,

           (b)           in subsection (5)—

                  (i)                 in paragraph (a), after “harm” there is inserted “or pollution of

controlled waters”,

                  (ii)                in paragraph (b), after “harm” there is inserted “or of significant

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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

poisonous, noxious or polluting matter or solid waste matter”,

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                  (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”,

           (d)           in subsection (7)(b)(i), before “pollution” there is inserted “significant”,

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           (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

waters”, after “1991” there is inserted “except that “ground waters”

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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)—

           (a)           in paragraph (a)(ii), for “be, or would be likely to be, caused” there is

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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”.

     (5)    In section 78K (liability in respect of contaminating substances which escape to

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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”.

     (6)    In section 78X (supplementary provisions relating to contaminated land)—

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           (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

of such pollution being caused,”, and

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                  (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

 

 

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           (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

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1990 with other enactments), in each of subsections (1)(b) and (2), before

“pollution” there is inserted “significant”.

Discharge consents

 80     Transfer of discharge consents

     (1)    Paragraph 11 of Schedule 10 to the WRA (transfer of discharge consents) is

10

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.

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     (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

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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

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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

                           (ii)                         serve notice on the transferor and the transferee that

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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

                           (ii)                         the date (if any) specified in the joint notice under

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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

in whom the consent has vested by virtue of sub-paragraph (2) or (3)

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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

pursuant to sub-paragraph (6) above shall not constitute an

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Part 3 — Miscellaneous

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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

 81    Trade effluent consents

5

     (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

into public sewers—

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                  (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—

                        (i)                        the discharge restrictions shall not apply to a liquid or

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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

liquid or other matter specified would otherwise have fallen within (or,

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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

classes of case or for particular purposes or as otherwise specified in the

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order.

           (4)           In this section, references to the discharge restrictions are references

to—

                  (a)                 the restrictions imposed by paragraphs (a) and (b) of section

106(2) above; and

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                  (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)           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

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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

expression “trade premises” as may be so specified.

           (6)           The Secretary of State may include in an order under subsection (1)

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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.

 

 

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           (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

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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

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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.”

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     (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

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(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”.

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 82    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

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to affect the description of matter discharged to

treatment or any other process, for minimising—

                               (i)                              the polluting effects of the discharge on any

controlled waters; and

                               (ii)                             the impact of the discharge on sewerage

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services;”,

           (b)           after subsection (2) there is inserted—

                  “(3)                    In this section “controlled waters” has the meaning given by

section 104 of the Water Resources Act 1991.”

     (2)    In section 121 of the WIA (conditions of consent)—

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           (a)           after paragraph (b) of subsection (1) there is inserted—

                        “(ba)                           the steps to be taken, in relation to the discharge or by

way of subjecting any substance likely to affect the

description of the matter discharged to treatment or any

other process, for minimising—

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