Legalize / United Kingdom / Public General Act

Environment Act 1995

Type Public General Act

Publication 1995-07-19

Last updated 2026-03-26

State In force

Department Statute Law Database

Source legislation.gov.uk

articles Not indexed

Reform history JSON API

(8) In sub-paragraphs (5) and (6) above, any reference to a conspicuous object on any land includes, in a case where the person serving a notice considers that there are no or insufficient such objects on the land, a reference to a post driven into or erected upon the land by the person serving the notice for the purpose of having affixed to it a copy of the notice in question.

Application for postponement of the first review date

5

(1) Any person who is the owner of any land, or of any interest in any mineral, comprised in a mining site may, no later than the day upon which expires the period of three months from the day upon which notice was served upon him under paragraph 4 above, apply under this paragraph to the mineral planning authority for the postponement of the first review date.

(2) An application under this paragraph shall be in writing and shall set out—

(a) the conditions to which each mineral permission relating to the site is subject;

(b) the applicant’s reasons for considering those conditions to be satisfactory; and

(3) Where the mineral planning authority receive an application made under this paragraph—

(a) if they consider the conditions referred to in sub-paragraph (2)(a) above to be satisfactory they shall agree to the first review date being postponed in which event they shall determine the date to be substituted for that date;

(b) in any other case they shall refuse the application.

(4) When a mineral planning authority determine an application made under this paragraph, they shall notify the applicant in writing of their decision and, in a case where they have agreed to the postponement of the first review date, shall notify the applicant of the date which they have determined should be substituted for the first review date.

(5) Where, within the period of three months of the mineral planning authority having received an application under this paragraph, or within such extended period as may at any time be agreed upon in writing between the applicant and the authority, the authority have not given notice, under sub-paragraph (4) above, to the applicant of their decision upon the application, the authority shall be treated as having, at the end of that period or, as the case may be, that extended period—

(a) agreed to the first review date being postponed; and

(b) determined that the date referred to in sub-paragraph (2)(c) above be substituted for the first review date.

Application to determine the conditions to which the mineral permissions relating to a mining site are to be subject

6

(1) Any person who is the owner of any land, or who is entitled to an interest in a mineral, may, if that land or mineral is or forms part of a mining site, apply to the mineral planning authority to determine the conditions to which the mineral permissions relating to that site are to be subject.

(2) An application under this paragraph shall be in writing and shall—

(a) identify the mining site in respect of which the application is made and state that the application is made in connection with the first periodic review of the mineral permissions relating to that site;

(b) specify the land or minerals comprised in the site of which the applicant is the owner or, as the case may be, in which the applicant is entitled to an interest;

(d) identify, and give an addressa postal addressa postal address for, each other person that the applicant knows or, after reasonable inquiry, has cause to believe to be an owner of any land, or entitled to any interest in any mineral, comprised in the site;

(e) set out the conditions to which the applicant proposes the permissions referred to in paragraph (c) above should be subject; and

(f) be accompanied by the appropriate certificate (within the meaning of sub-paragraph (3) . . . below).

(3) For the purposes of sub-paragraph (2) above, . . . the appropriate certificate is such a certificate—

(a) as would be required, under section 65 of the 1990 Act and any provision of a development order made by virtue of that section, to accompany the application if it were an application for planning permission for minerals development, but

(b) with such modifications as are required for the purposes of this paragraph,

and section 65(6) of the 1990 Act shall also have effect in relation to any certificate purporting to be the appropriate certificate.

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) Where the mineral planning authority receive an application under this paragraph in relation to a mining site they shall determine the conditions to which each mineral permission relating to the site is to be subject.

(6) The conditions imposed by virtue of a determination under sub-paragraph (5) above—

(a) may include any conditions which may be imposed on a grant of planning permission for minerals development;

(b) may be in addition to, or in substitution for, any existing conditions to which the permission in question is subject.

(7) In determining that a mineral permission is to be subject to any condition relating to development for which planning permission is granted by a development order, the mineral planning authority shall have regard to any guidance issued for the purpose by the Secretary of State.

(8) Subject to sub-paragraph (9) below, where, within the period of three months of the mineral planning authority having received an application under this paragraph, or within such extended period as may at any time be agreed upon in writing between the applicant and the authority, the authority have not given notice to the applicant of their decision upon the application, the authority shall be treated as having at the end of that period or, as the case may be, that extended period, determined that the conditions to which any mineral permission to which the application relates is to be subject are those specified in the application as being proposed in relation to that permission; and any such permission shall, from that time, have effect subject to those conditions.

(9) Where a mineral planning authority, having received an application under this paragraph, are of the opinion that they are unable to determine the application unless further details are supplied to them, they shall within the period of one month from having received the application give notice to the applicant—

(a) stating that they are of such opinion; and

(b) specifying the further details which they require,

and where the authority so serve such a notice the period of three months referred to in sub-paragraph (8) above shall run not from the authority having received the application but from the time when the authority have received all the further details specified in the notice.

(10) Without prejudice to the generality of sub-paragraph (9) above, the further details which may be specified in a notice under that sub-paragraph include any—

(a) information, plans or drawings; or

(b) evidence verifying any particulars of details supplied to the authority in respect of the application in question,

which it is reasonable for the authority to request for the purpose of enabling them to determine the application.

Permissions ceasing to have effect

7

Where no application under paragraph 6 above in respect of a mining site has been served on the mineral planning authority by the first review date, or by such later date as may at any time be agreed upon in writing between the applicant and the authority, each mineral permission—

(a) relating to the site; and

(b) identified in the notice served in relation to the site under paragraph 4 above,

shall cease to have effect, except insofar as it imposes any restoration or aftercare condition, on the day following the first review date or, as the case may be, such later agreed date.

Reference of applications to the Secretary of State

8

(1) The Secretary of State may give directions requiring applications made under paragraph 6 above to any mineral planning authority to be referred to him for determination instead of being dealt with by the authority.

(2) A direction under sub-paragraph (1) above may relate either to a particular application or to applications of a class specified in the direction.

(3) Where an application is referred to the Secretary of State in accordance with a direction under sub-paragraph (1) above—

(a) subject to paragraph (b) below, paragraph 6(5) and (6) above, and paragraph 11 below so far as relating to applications under paragraph 6 above, shall apply, with any necessary modifications, to his determination of the application as they apply to the determination of applications by the mineral planning authority;

(b) before determining the application the Secretary of State must, if either the applicant or the mineral planning authority so wish, give each of them an opportunity of appearing before and being heard by a person appointed by the Secretary of State for the purpose; and

Appeals

9

(1) Where on an application under paragraph 6 above the mineral planning authority determine conditions that differ in any respect from the proposed conditions set out in the application, the applicant may appeal to the Secretary of State.

(2) An appeal under sub-paragraph (1) above must be made by giving notice of appeal to the Secretary of State, before the end of the period of six months beginning with the determination, on a form supplied by or on behalf of the Secretary of State for use for that purpose, and giving, so far as reasonably practicable, the information required by that form.

(3) Paragraph 6 of Schedule 2 to the 1991 Act (determination of appeals) shall, . . ., apply to appeals under sub-paragraph (1) above as it applies to appeals under paragraph 5 of that Schedule.

(4) . . ., sections 284 to 288 of the 1990 Act shall have effect as if the action mentioned in section 284(3) of that Act included any decision of the Secretary of State—

(a) on an appeal under sub-paragraph (1) above; or

(b) on an application under paragraph 6 above referred to him under paragraph 8 above.

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Time from which conditions determined under this Schedule are to take effect

10

(1) Where an application has been made under paragraph 6 above in respect of a mining site, each of the mineral permissions relating to the site shall, from the time when the application is finally determined, have effect subject to the conditions to which it is determined under this Schedule that that permission is to be subject.

(2) Sub-paragraph (1) above is without prejudice to paragraph 6(8) above.

Two or more applicants

11

(1) Where a mineral planning authority have received from any person a duly made application under paragraph 5 or 6 above—

(a) that person may not make any further application under the paragraph in question in respect of the same site; and

(b) if the application has been determined, whether or not in the case of an application under paragraph 6 above it has been finally determined, no other person may make an application under the paragraph in question in respect of the same site.

(2) Where—

(a) a mineral planning authority have received from any person in respect of a mineral site a duly made application under paragraph 5 or 6 above; and

(b) the authority receives from another person a duly made application under the paragraph in question in respect of the same site,

then for the purpose of the determination of the applications and any appeal against such a determination, this Schedule shall have effect as if the applications were a single application received by the authority on the date on which the later application was received by the authority and references to the applicant shall be read as references to either or any of the applicants.

Second and subsequent periodic reviews

12

(A1) This paragraph applies—

(a) where a mineral planning authority for an area in England determines that it will carry out a periodic review of the mineral permissions relating to a mining site, and that periodic review is the second or a subsequent periodic review of the permissions relating to that site, and

(b) in relation to the second or any subsequent periodic review by a mineral planning authority for an area in Wales of the mineral permissions relating to a mining site.

(A2) In the application of this paragraph in relation to a mineral planning authority for an area in England “the review date” means the date set by the authority as the review date for the purposes of the periodic review.

(A3) That date may not be earlier than the relevant date found under sub-paragraph (1) below in relation to the site.

(A4) In the application of this paragraph in relation to a mineral planning authority for an area in Wales “the review date” means the relevant date found under sub-paragraph (1) below in relation to the site.

(1) In this paragraph, in relation to a mining site, but subject to paragraph 5 above as applied by sub-paragraph (2) below, “relevant date” means—

(a) in the case of the second periodic review, the date falling fifteen years after the date upon which was finally determined an application made under paragraph 6 above in respect of the site; and

(b) in the case of subsequent periodic reviews, the date falling fifteen years after the date upon which there was last finally determined under this Schedule an application made in respect of that site under paragraph 6 above as applied by sub-paragraph (2) below.

(2) Paragraphs 4 to 11 above shall apply in respect of the second or any subsequent periodic review of the mineral permissions relating to a mining site as they apply to the first such periodic review, but as if—

(a) any reference in those paragraphs to the “first review date” were a reference to the review date; ...

(b) the references in paragraphs 4(1) and 6(2)(a) above to the first periodic review were references to the periodic review in question, and

Compensation

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(1) This paragraph applies where—

(a) an application made under paragraph 6 above in respect of a mining site is finally determined; and

(b) the conditions to which the mineral permissions relating to the site are to be subject, as determined under this Schedule, differ in any respect from the proposed conditions set out in the application; and

(c) the effect of the new conditions, except insofar as they are restoration or aftercare conditions, as compared with the effect of the existing conditions, except insofar as they were restoration or aftercare conditions, is to restrict working rights in respect of the site.

(2) For the purposes of this paragraph—

“ the new conditions ”, in relation to a mining site, means the conditions, determined under this Schedule, to which the mineral permissions relating to the site are to be subject; and

“ the existing conditions ”, in relation to a mining site, means the conditions to which the mineral permissions relating to the site were subject immediately prior to the final determination of the application made under paragraph 6 above in respect of that site.

(3) For the purposes of this paragraph, working rights are restricted in respect of a mining site if any of—

(a) the size of the area which may be used for the winning and working of minerals or the depositing of mineral waste;

(b) the depth to which operations for the winning and working of minerals may extend;

(d) the rate at which any particular mineral may be extracted;

(e) the rate at which any particular mineral waste may be deposited;

(f) the period at the expiry of which any winning or working of minerals or depositing of mineral waste is to cease; or

(g) the total quantity of minerals which may be extracted from, or of mineral waste which may be deposited on, the site,

is restricted or reduced in respect of the mining site in question.

(4) In a case to which this paragraph applies, but subject to sub-paragraph (6) below, . . ., Parts IV and XI of the 1990 Act . . ., shall have effect as if an order made under section 97 of the 1990 Act . . .—

(a) had been confirmed by the Secretary of State under section 98 of the 1990 Act . . . at the time when the application in question was finally determined; and

(b) as so confirmed, had effect to modify those permissions to the extent specified in sub-paragraph (6) below.

(5) For the purposes of this paragraph, the order referred to in sub-paragraph (4) above is one whose only effect adverse to the interests of any person having an interest in the land or minerals comprised in the mineral site is to restrict working rights in respect of the site to the same extent as the relevant restriction.

(6) For the purposes of section 116 of the 1990 Act . . . and of any regulations made under those sections, the permissions treated as being modified by the order mentioned in sub-paragraph (4) above shall be treated as if they were planning permissions for development which neither consists of nor includes any minerals development.

SCHEDULE 15

Interpretation

1

In this Schedule—

“local statutory provision” means—a provision of a local Act (including an Act confirming a provisional order);a provision of so much of any public general Act as has effect with respect to particular persons or works or with respect to particular provisions falling within any paragraph of this definition;a provision of an instrument made under any provision falling within paragraph (a) or (b) above;a provision of any other instrument which is in the nature of a local enactment;

“the Minister” means the Minister of Agriculture, Fisheries and Food;

“subordinate legislation” has the same meaning as in the Interpretation Act 1978;

“the transfer date” has the same meaning as in Part I of this Act.

General modifications of references to the National Rivers Authority

2

(1) Subject to—

(a) the following provisions of this Schedule,

(b) the provisions of sections 102 to 104 of this Act, and

any provision to which this paragraph applies which contains, or falls to be construed as containing, a reference (however framed and whether or not in relation to an area) to the National Rivers Authority shall have effect on and after the transfer date as if that reference were a reference to the Agency.

(2) Sub-paragraph (1) above is subject to paragraph 1(2)(a) of Schedule 17 to the Water Act 1989 (references in certain local statutory provisions or subordinate legislation to the area of a particular water authority to have effect as references to the area which, immediately before the transfer date within the meaning of that Act, was the area of that authority for the purposes of their functions relating to fisheries).

(3) Subject as mentioned in sub-paragraph (1) above, any provision to which this paragraph applies which contains, or falls to be construed as containing, a reference (however framed) to the whole area in relation to which the National Rivers Authority carries out its functions in relation to fisheries shall have effect on and after the transfer date as if that reference were a reference to the whole area in relation to which the Agency carries out its functions relating to fisheries.

(4) The provisions to which this paragraph applies are the provisions of—

(a) the Sea Fisheries Regulation Act 1966;

(b) the Salmon and Freshwater Fisheries Act 1975; and

(i) relates to the carrying out by the National Rivers Authority of any function relating to fisheries; or

(ii) in the case of subordinate legislation, was made by virtue of any provision to which this paragraph applies ....

(5) The modifications made by this paragraph shall be subject to any power by subordinate legislation to revoke or amend any provision to which this paragraph applies; and, accordingly, any such power, including the powers conferred by section 121 of this Act and paragraph 3 below, shall be exercisable so as to exclude the operation of this paragraph in relation to the provisions in relation to which the power is conferred.

Power to amend subordinate legislation etc.

3

(1) If it appears to the Minister or the Secretary of State to be appropriate to do so for the purposes of, or in consequence of, the coming into force of any provision of this Schedule, he may by order revoke or amend any subordinate legislation.

(2) An order under this paragraph 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 provision as the Minister or the Secretary of State considers appropriate.

(3) The power conferred by virtue of this paragraph in relation to subordinate legislation made under any enactment shall be without prejudice to any other power to revoke or amend subordinate legislation made under that enactment, but—

(a) no requirement imposed with respect to the exercise of any such other power shall apply in relation to any revocation or amendment of that legislation by an order under this paragraph; and

(b) the power to make an order under this paragraph shall be exercisable (instead of in accordance with any such requirement) by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.

The Diseases of Fish Act 1937

4

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Sea Fisheries Regulation Act 1966

5

(1) The provisions of section 1 of the Sea Fisheries Regulation Act 1966 (establishment of fisheries committees) which provide that an order under that section modifying a previous such order is to be made only on such an application and after such consultation as is mentioned in that section shall not apply to an order under that section which contains a statement that the only provision made by the order is provision which appears to the Minister making the order to be appropriate in consequence of any of the provisions of this Act.

(2) In section 2(2) of that Act (constitution of local fisheries committee) for the words “the National Rivers Authority” there shall be substituted the words “ the Environment Agency ”.

(3) In section 18(3) of that Act (provision where a water authority or harbour authority have the powers of a local fisheries committee) for the words “National Rivers Authority)” there shall be substituted the words “ Environment Agency) ”.

The Sea Fish (Conservation) Act 1967

6

In section 18(1) of the Sea Fish (Conservation) Act 1967 (enforcement of orders relating to salmon and migratory trout)—

(a) for the words “subsection (6) of section 2 of the Water Resources Act 1991” there shall be substituted the words “ subsection (7) of section 6 of the Environment Act 1995 ”; and

(b) for the words “the National Rivers Authority” there shall be substituted the words “ the Environment Agency ”.

The Salmon and Freshwater Fisheries Act 1975

7

In section 5 of the Salmon and Freshwater Fisheries Act 1975 (prohibition of use of explosives, poisons, electrical devices etc) in subsection (2), the words following paragraph (b) (which require Ministerial approval for the giving of permission to use noxious substances) shall be omitted.

8

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9

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

10

In section 9(1) of that Act (owner or occupier of certain dams or other obstructions to make fish passes of form and dimensions approved by the Minister) for the words “the Minister” there shall be substituted the words “ the Agency ”.

11

(1) In section 10 of that Act, in subsection (1) (power of the National Rivers Authority, with the written consent of the Minister, to construct and maintain fish passes of form and dimensions approved by the Minister)—

(a) the words “with the written consent of the Minister,” shall be omitted; and

(b) for the words “as the Minister may approve” there shall be substituted the words “ as it may determine ”.

(2) In subsection (2) of that section (power of the National Rivers Authority, with the consent of the Minister, to alter etc fish passes and free gaps) the words “with the written consent of the Minister,” shall be omitted.

12

(1) In section 11 of that Act (Minister’s consents and approvals for fish passes) for subsection (1) there shall be substituted—

(1) Any approval given by the Agency to or in relation to a fish pass may, if in giving it the Agency indicates that fact, be provisional until the Agency notifies the applicant for approval that the pass is functioning to its satisfaction. (1A) The applicant for any such approval— (a) shall be liable to meet any costs incurred (whether by him or by the Agency or any other person) for the purposes of, or otherwise in connection with, the performance of the Agency’s function of determining for the purposes of subsection (1) above whether or not the fish pass in question is functioning to its satisfaction; and (b) shall provide the Agency with such information or assistance as it may require for the purpose of performing that function.

(2) In subsection (2) of that section (Minister’s power to revoke approval or consent while still provisional)—

(a) for the words “or consent is provisional, the Minister” there shall be substituted the words “ is provisional, the Agency ”; and

(b) for the words from “his intention” onwards there shall be substituted the words “ its intention to do so, revoke the approval ”.

(3) In subsection (3) of that section (Minister’s power, when revoking provisional approval, to extend period for making fish pass)—

(a) for the words “the Minister” there shall be substituted the words “ the Agency ”; and

(b) for the word “he” there shall be substituted the word “ it ”.

(4) In subsection (4) of that section (Minister’s power to approve and certify fish pass if he is of the opinion that it is efficient)—

(a) for the words “The Minister” there shall be substituted the words “ The Agency ”; and

(b) for the word “he” there shall be substituted the word “ it ”.

(5) In subsection (5) of that section (fish passes approved by the Minister deemed to be in conformity with the Act) for the words “the Minister” there shall be substituted the words “ the Agency ”.

13

For section 14 of that Act (gratings) there shall be substituted—

(14) (1) This section applies in any case where— (a) by means of any conduit or artificial channel, water is diverted from waters frequented by salmon or migratory trout; and (b) any of the water so diverted is used for the purposes of a water or canal undertaking or for the purposes of any mill or fish farm; and in this section “the responsible person” means the owner of the water or canal undertaking or (as the case may be) the occupier of the mill or the owner or occupier of the fish farm. (2) Where this section applies, the responsible person shall, unless an exemption from the obligation is granted by the Agency, ensure (at his own cost) that there is placed and maintained at the entrance of, or within, the conduit or channel a screen which— (a) subject to subsection (4) below, prevents the descent of the salmon or migratory trout; and (b) in a case where any of the water diverted is used for the purposes of a fish farm, prevents the egress of farmed fish from the fish farm by way of the conduit or channel. (3) Where this section applies, the responsible person shall also, unless an exemption from the obligation is granted by the Agency, ensure (at his own cost) that there is placed and maintained across any outfall of the conduit or channel a screen which— (a) prevents salmon or migratory trout from entering the outfall; and (b) in a case where any of the water diverted is used for the purposes of a fish farm, prevents the egress of farmed fish from the fish farm by way of the outfall. (4) Where a screen is placed within any conduit or channel pursuant to subsection (2) above, the responsible person shall ensure that a continuous by-wash is provided immediately upstream of the screen, by means of which salmon or migratory trout may return by as direct a route as practicable to the waters from which they entered the conduit or channel (and accordingly nothing in subsection (2) or (3) above applies in relation to a by-wash provided for the purposes of this subsection). (5) Any screen placed, or by-wash provided, in pursuance of this section shall be so constructed and located as to ensure, so far as reasonably practicable, that salmon or migratory trout are not injured or damaged by it. (6) No such screen shall be so placed as to interfere with the passage of boats on any navigable canal. (7) Any exemption under subsection (2) or (3) above may be granted subject to conditions. (8) If any person who is required to do so by this section fails to ensure that a screen is placed or maintained, or that a by-wash is provided, in accordance with the provisions of this section, he shall be guilty of an offence. (9) In any proceedings for an offence under subsection (8) above, it shall, subject to subsection (10) below, be a defence for the person charged to prove that he took all reasonable precautions and exercised all due diligence to avoid the commission of the offence by himself or a person under his control. (10) If in any case the defence provided by subsection (9) above involves the allegation that the commission of the offence was due to an act or default of another person, or to reliance on information supplied by another person, the person charged shall not, without leave of the court, be entitled to rely on that defence unless— (a) at least seven clear days before the hearing, and (b) where he has previously appeared before a court in connection with the alleged offence, within one month of his first such appearance, he has served on the prosecutor a notice in writing giving such information identifying or assisting in the identification of that other person as was then in his possession. (11) Any reference in subsection (10) above to appearing before a court includes a reference to being brought before a court. (12) The obligations imposed by subsections (2) to (6) above, except so far as relating to farmed fish, shall not be in force during such period (if any) in each year as may be prescribed by byelaw. (13) The obligations imposed by subsections (2) to (6) above on the occupier of a mill shall apply only where the conduit or channel was constructed on or after 18th July 1923. (14) Any reference in this section to ensuring that a screen is placed and maintained includes, in a case where the screen takes the form of apparatus the operation of which prevents the passage of fish of the descriptions in question, a reference to ensuring that the apparatus is kept in continuous operation. (15) In this section “by-wash” means a passage through which water flows.

14

(1) In section 15 of that Act (power of National Rivers Authority, with the consent of the Minister, to use gratings etc. to limit movements of salmon and trout) for the word “grating” or “gratings”, wherever occurring (including in the side-note), there shall be substituted respectively the word “ screen ” or “ screens ”.

(2) In subsection (1) of that section (placing of gratings, deepening of channels etc.) the words “with the written consent of the Minister” shall be omitted.

(3) In subsection (3) of that section (use of such means as the Minister may approve for preventing ingress)—

(a) the words “with the written consent of the Minister” shall be omitted; and

(b) for the words “as the Minister may approve” there shall be substituted the words “ as in its opinion are necessary ”.

(4) At the end of that section there shall be added—

(5) In this section “open”, in relation to a screen which consists of apparatus, includes the doing of anything which interrupts, or otherwise interferes with, the operation of the apparatus.

15

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16

In section 18 of that Act (provisions supplementary to Part II) for subsection (2) (notice of application for Ministerial consent to the doing of certain acts to be given to the owner and occupier of the dam etc in question) there shall be substituted—

(2) The Agency shall not— (a) construct, abolish or alter any fish pass, or abolish or alter any free gap, in pursuance of section 10 above, or (b) do any work under section 15 above, unless reasonable notice of its intention to do so (specifying the section in question) has been served on the owner and occupier of the dam, fish pass or free gap, watercourse, mill race, cut, leat, conduit or other channel, with a plan and specification of the proposed work; and the Agency shall take into consideration any objections by the owner or occupier, before doing the proposed work.

17

In section 30 of that Act, the paragraph defining “fish farm” (which is superseded by amendments made by this Schedule) shall be omitted.

18

(1) In section 35 of that Act (power to require production of fishing licences) in subsection (3), for the words “the National Rivers Authority” there shall be substituted the words “ the Agency ”.

(2) For subsection (4) of that section (definition of “the appropriate office of the National Rivers Authority”) there shall be substituted—

(4) In subsection (3) above, “the appropriate office of the Agency” means— (a) in a case where the person requiring the production of the licence or other authority specifies a particular office of the Agency for its production, that office; and (b) in any other case, any office of the Agency; and for the purposes of that subsection where a licence or other authority which any person has been required to produce is sent by post to an office of the Agency that licence or other authority shall be treated as produced by that person at that office.

19

After subsection (1A) of section 39 of that Act (application of Act to River Esk in Scotland) there shall be inserted—

(1B) Sections 31 to 34 and 36(2) of this Act shall, subject to the modifications set out in subsection (1C) below, apply throughout the catchment area of the River Esk in Scotland but a water bailiff shall exercise his powers under those sections as so applied only in relation to an offence— (a) against this Act; (b) against section 1 of the Salmon and Freshwater Fisheries (Protection) (Scotland) Act 1951; or (c) which is deemed to be an offence under this Act by virtue of section 211(6) of the Water Resources Act 1991, which he has reasonable cause to suspect has been committed in a place to which this Act applies by virtue of subsection (1)(b) above. (1C) The modifications referred to in subsection (1B) above are— (a) references in sections 31 to 34 of this Act to “this Act” shall be construed as including references to section 1 of the Salmon and Freshwater Fisheries (Protection) (Scotland) Act 1951 (as applied to the River Esk by section 21 of that Act); and (b) in section 33— (i) references to a justice of the peace shall be construed as including references to a sheriff; and (ii) in subsection (2), the reference to an information on oath shall be construed as including a reference to evidence on oath.

20

In section 41(1) of that Act (general definitions) the following definitions shall be inserted at the appropriate places, that is to say—

“fish farm” has the same meaning as in the Diseases of Fish Act 1937;

; and

(b) “screen” means a grating or other device which, or any apparatus the operation of which, prevents— (a) the passage of salmon or migratory trout, and (b) if the screen is required in connection with a fish farm, the passage of any fish farmed at that fish farm, or any combination of devices or apparatus which, taken together, achieve that result;

; and the definition of “grating” shall be omitted.

21

In subsection (3) of section 43 of that Act (extent of Act to Scotland), after the words “(1A)” there shall be inserted the words “ , (1B), (1C) ”.

22

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Diseases of Fish Act 1983

23

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Salmon Act 1986

24

In section 37(3) of the Salmon Act 1986 (byelaws requiring consent of the National Rivers Authority) for the words “the National Rivers Authority has” there shall be substituted the words “ the Environment Agency has ”.

The Water Resources Act 1991

25

In section 115 of the Water Resources Act 1991, in subsection (1) (power by order to make provision in relation to an area defined by the order for the modification, in relation to the fisheries in that area, of the enactments specified in the paragraphs of that subsection) for paragraph (b) there shall be substituted—

(b) of section 142 or 156 below or paragraph 6 or 7 of Schedule 25 to this Act; or

26

(1) In paragraph 6 of Schedule 25 to that Act (powers to make byelaws in relation to any part or parts of the area in relation to which the National Rivers Authority carries out its functions in relation to fisheries under Part V of that Act) in sub-paragraphs (1) to (5) for the words “in relation to any part or parts”, in each place where they occur, there shall be substituted the words “ in relation to the whole or any part or parts ”.

(2) In sub-paragraph (3)(c) of that paragraph (byelaws for the purpose of determining for the purposes of the Salmon and Freshwater Fisheries Act 1975 the period of the year during which gratings need not be maintained) for the word “gratings” there shall be substituted the word “ screens ”.

SCHEDULE 16

1

The Control of Pollution Act 1974, as it has effect in Scotland, shall be amended in accordance with the following paragraphs.

2

After section 30E there shall be inserted the following sections—

(30F) (1) A person contravenes this section if he causes or knowingly permits any poisonous, noxious or polluting matter or any solid waste matter to enter any controlled waters. (2) A person contravenes this section if he causes or knowingly permits any matter, other than trade effluent or sewage effluent, to enter controlled waters by being discharged from a sewer or from a drain in contravention of a prohibition imposed under section 30G below. (3) A person contravenes this section if he causes or knowingly permits any trade effluent or sewage effluent to be discharged— (a) into any controlled waters; or (b) from land in Scotland, through a pipe, into the sea outside the seaward limits of controlled waters. (4) A person contravenes this section if he causes or knowingly permits any trade effluent or sewage effluent to be discharged, in contravention of any prohibition imposed under section 30G below, from a building or from any plant— (a) on to or into any land; or (b) into any waters of a loch or pond which are not inland waters. (5) A person contravenes this section if he causes or knowingly permits any matter whatever to enter any inland waters so as to tend (either directly or in combination with other matter which he or another person causes or permits to enter those waters) to impede the proper flow of the waters in a manner leading, or likely to lead, to a substantial aggravation of— (a) pollution due to other causes; or (b) the consequences of such pollution. (6) Subject to the following provisions of this Part, a person who contravenes this section 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. (30G) (1) For the purposes of section 30F above a discharge of any effluent or other matter is, in relation to any person, in contravention of a prohibition imposed under this section if, subject to the following provisions of this section— (a) SEPA has given that person notice prohibiting him from making or, as the case may be, continuing the discharge; or (b) SEPA has given that person notice prohibiting him from making or, as the case may be, continuing the discharge unless specified conditions are observed, and those conditions are not observed. (2) For the purposes of section 30F above a discharge of any effluent or other matter is also in contravention of a prohibition imposed under this section if the effluent or matter discharged— (a) contains a prescribed substance or a prescribed concentration of such a substance; or (b) derives from a prescribed process or from a process involving the use of prescribed substances or the use of such substances in quantities which exceed the prescribed amounts. (3) Nothing in subsection (1) above shall authorise the giving of a notice for the purposes of that subsection in respect of discharges from a vessel; and nothing in any regulations made by virtue of subsection (2) above shall require any discharge from a vessel to be treated as a discharge in contravention of a prohibition imposed under this section. (4) A notice given for the purposes of subsection (1) above shall expire at such time as may be specified in the notice. (5) The time specified for the purposes of subsection (4) above shall not be before the end of the period of three months beginning with the day on which the notice is given, except in a case where SEPA is satisfied that there is an emergency which requires the prohibition in question to come into force at such time before the end of that period as may be so specified. (6) Where, in the case of such a notice for the purposes of subsection (1) above as (but for this subsection) would expire at a time at or after the end of the said period of three months, an application is made before that time for a consent in pursuance of section 34 of this Act in respect of the discharge to which the notice relates, that notice shall be deemed not to expire until the result of the application becomes final— (a) on the grant or withdrawal of the application; (b) on the expiration, without the bringing of an appeal with respect to the decision on the application, of any period prescribed by virtue of section 39(2) below as the period within which any such appeal must be brought; or (c) on the withdrawal or determination of any such appeal. (30H) (1) For the purposes of section 30F above where— (a) any sewage effluent is discharged as mentioned in subsection (3) or (4) of that section from any sewer or works— (i) vested in a sewerage authority; or (ii) vested in a person other than a sewerage authority and forming (or forming part of) a system provided by him such as is mentioned in section 98(1)(b) of the Local Government etc. (Scotland) Act 1994; and (b) the authority or, as the case may be, the person did not cause or knowingly permit the discharge but was bound (either unconditionally or subject to conditions which were observed) to receive into the sewer or works matter included in the discharge, the authority or person shall be deemed to have caused the discharge. (2) A sewerage authority shall not be guilty of an offence under section 30F of this Act by reason only of the fact that a discharge from a sewer or works vested in the authority contravenes conditions of a consent relating to the discharge if— (a) the contravention is attributable to a discharge which another person caused or permitted to be made into the sewer or works; and (b) the authority either was not bound to receive the discharge into the sewer or works or was bound to receive it there subject to conditions but the conditions were not observed; and (c) the authority could not reasonably have been expected to prevent the discharge into the sewer or works; and a person shall not be guilty of such an offence in consequence of a discharge which he caused or permitted to be made into a sewer or works vested in a sewerage authority if the authority was bound to receive the discharge there either unconditionally or subject to conditions which were observed. (3) A person in whom any such sewer or works as is described in subsection (1)(a)(ii) above is vested (such person being in this subsection referred to as a “relevant person”) shall not be guilty of an offence under section 30F of this Act by reason only of the fact that a discharge from the sewer or works contravenes conditions of a consent relating to the discharge if— (a) the contravention is attributable to a discharge which another person caused or permitted to be made into the sewer or works; and (b) the relevant person either was not bound to receive the discharge into the sewer or works or was bound to receive it there subject to conditions but the conditions were not observed; and (c) the relevant person could not reasonably have been expected to prevent the discharge into the sewer or works; and another person shall not be guilty of such an offence in consequence of a discharge which he caused or permitted to be made into a sewer or works vested in a relevant person if the relevant person was bound to receive the discharge there either unconditionally or subject to conditions which were observed. (30I) (1) Subject to the following provisions of this section, a person shall not be guilty of an offence under section 30F above in respect of the entry of any matter into any waters or any discharge if the entry occurs or the discharge is made under and in accordance with, or as a result of, any act or omission under and in accordance with— (a) a consent in pursuance of section 34 of this Act or under Chapter II of Part III of the Water Resources Act 1991 (which makes corresponding provision for England and Wales); (b) an authorisation for a prescribed process designated for central control granted under Part I of the Environmental Protection Act 1990; (c) a waste management or disposal licence; (d) a licence granted under Part II of the Food and Environment Protection Act 1985; (e) section 33 of the Water (Scotland) Act 1980 (temporary discharge by authorities in connection with the construction of works); (f) any provision of a local Act or statutory order which expressly confers power to discharge effluent into water; or (g) any prescribed enactment. (2) Nothing in any disposal licence shall be treated for the purposes of subsection (1) above as authorising— (a) any such entry or discharge as is mentioned in subsections (2) to (4) of section 30F above; or (b) any act or omission so far as it results in any such entry or discharge. (3) In this section— - “disposal licence” means a licence issued in pursuance of section 5 of this Act; - “local Act” includes enactments in a public general Act which amend a local Act; - “statutory order” means an order, byelaw, scheme or award made under an Act of Parliament, including an order or scheme confirmed by Parliament or brought into operation in accordance with special parliamentary procedure; and - “waste management licence” means such a licence granted under Part II of the Environmental Protection Act 1990. (30J) (1) A person shall not be guilty of an offence under section 30F above in respect of the entry of any matter into any waters or any discharge if— (a) the entry is caused or permitted, or the discharge is made, in an emergency in order to avoid danger to life or health; (b) that person takes all such steps as are reasonably practicable in the circumstances for minimising the extent of the entry or discharge and of its polluting effects; and (c) particulars of the entry or discharge are furnished to SEPA as soon as reasonably practicable after the entry occurs. (2) A person shall not be guilty of an offence under section 30F above by reason of his causing or permitting any discharge of trade or sewage effluent from a vessel. (3) A person shall not be guilty of an offence under section 30F above by reason only of his permitting water from an abandoned mine or an abandoned part of a mine to enter controlled waters. (4) Subsection (3) 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. (5) In determining for the purposes of subsection (4) above whether a mine or part of a mine became abandoned before, on or after 31st December 1999 in a case where the mine or part has become abandoned on two or more occasions, of which— (a) at least one falls on or before that date, and (b) at least one falls after that date, the mine or part shall be regarded as becoming abandoned after that date (but without prejudice to the operation of subsection (3) above in relation to that mine or part at, or in relation to, any time before the first of those occasions which falls after that date). (6) Where, immediately before a part of a mine becomes abandoned, that part is the only part of the mine not falling to be regarded as abandoned for the time being, the abandonment of that part shall not be regarded for the purposes of subsection (4) or (5) above as constituting the abandonment of the mine, but only of that part of it. (7) A person shall not, otherwise than in respect of the entry of any poisonous, noxious or polluting matter into any controlled waters, be guilty of an offence under section 30F above by reason of his depositing the solid refuse of a mine or quarry on any land so that it falls or is carried into inland waters if— (a) he deposits the refuse on the land with the consent of SEPA; (b) no other site for the deposit is reasonably practicable; and (c) he takes all reasonably practicable steps to prevent the refuse from entering those inland waters. (8) A roads authority obliged or entitled to keep open a drain by virtue of section 31 of the Roads (Scotland) Act 1984 shall not be guilty of an offence under section 30F above by reason of its causing or permitting any discharge to be made from a drain kept open by virtue of that section unless the discharge is made in contravention of a prohibition imposed under section 30G above.

3

Sections 31(1), (2), (3), (7) and (10) (offences relating to pollution of rivers and coastal waters) and 32 (control of discharges of trade and effluent etc. into rivers and coastal waters etc.) shall cease to have effect.

4

In section 31(8) (maximum penalties) for the words “paragraphs (a) and (b) of the preceding subsection” there shall be substituted the words “ section 30F(6) above ”.

5

In section 31B(4)(d) (nitrate sensitive areas: maximum penalties) for the words “subsection (7) of section 31 above” there shall be substituted the words “ subsection (6) of section 30F above ”.

6

In section 34(3) (consents for discharges of trade and effluent) for the words “section 32(1)” there shall be substituted the words “ section 30F(2) to (4) ”.

7

In section 39(1)(a) (appeals to the Secretary of State) for the words “section 31(3)” there shall be substituted the words “ section 30J(4) ”.

8

In section 56(1) (interpretation etc of Part II) the following definitions shall be inserted in the appropriate places—

“drain” has the same meaning as in the Sewerage (Scotland) Act 1968;

; and

“sewer” has the same meaning as in the Sewerage (Scotland) Act 1968;

9

In section 87(3) (time-bar in relation to legal proceedings)—

(a) the words from the beginning to “offence; and” shall cease to have effect;

(b) for the words “section 23 of the Summary Jurisdiction (Scotland) Act 1954” there shall be substituted the words “ section 331 of the Criminal Procedure (Scotland) Act 1975 ”;

(c) for the words “such offence” there shall be substituted the words “ offence under section 30F of this Act or regulations or byelaws made in pursuance of section 31 of this Act ”; and

(d) for the words “subsection (2) of section 23 of the said Act of 1954” there shall be substituted the words “ subsection (3) of section 331 of the said Act of 1975 ”;

(e) the words “in its application to Scotland” shall cease to have effect.

SCHEDULE 17

Amendments of the Environmental Protection Act 1990

1

The Environmental Protection Act 1990 shall be amended in accordance with the provisions of paragraphs 2 to 7 of this Schedule.

2

In section 79 (statutory nuisances etc)—

(a) in subsection (1)(ga) after the word “street” there shall be inserted the words “ or in Scotland, road ”;

(b) in subsection (7)—

(i) in the definition of “local authority”, before the word “outside” in paragraph (b) there shall be inserted “in England and Wales”, the word “ and ” after paragraph (b) shall cease to have effect, and after paragraph (c) there shall be inserted

and (d) in Scotland, a district or islands council or a council constituted under section 2 of the Local Government etc (Scotland) Act 1994;

;

(ii) in the definition of “premises” after the word “and” where it second occurs there shall be inserted the words “ , in relation to England and Wales, ”;

(iii) at the appropriate place there shall be inserted—

“road” has the same meaning as in Part IV of the New Roads and Street Works Act 1991;

;

(i) after the words “port health district” where they first occur there shall be inserted the words “ or in Scotland where by an order under section 172 of the Public Health (Scotland) Act 1897 a port local authority or a joint port local authority has been constituted for the whole or part of a port, ”;

(ii) after the words “port health authority” where they second occur there shall be inserted the words “ , port local authority or joint port local authority, as the case may be ”;

(d) in subsection (10) after the words “or (e)” there shall be inserted “ and, in relation to Scotland, paragraph (g) or (ga), ”;

(e) in subsection (11) after the words “subsection (12) and” there shall be inserted the words “ , in relation to England and Wales, ”.

3

In section 80 (summary proceedings) in subsection (3) after the words “magistrate’s court” there shall be inserted the words “ or in Scotland, the sheriff ”;

4

In section 81 (supplementary provisions)—

(a) in subsection (2) after the words “magistrate’s court” there shall be inserted the words “ or in Scotland, the sheriff ”;

(b) in subsection (3) after the word “offence” there shall be inserted the words “ or, in Scotland, whether or not proceedings have been taken for an offence, ”;

(c) in subsection (4) after the word “court” where it first occurs there shall be inserted the word “ or sheriff ” and after the words “court consider” there shall be inserted the words “ or sheriff considers ”;

(d) in subsection (5) after the words “High Court” there shall be inserted the words “ or, in Scotland, in any court of competent jurisdiction, ”.

5

In section 81A at the end, as subsection (10), and in section 81B at the end, as subsection (6), there shall be added—

(0) This section does not apply to Scotland.

6

In section 82 (proceedings by persons aggrieved)—

(a) in subsection (1) after the word “complaint” there shall be inserted the words “ or, in Scotland, the sheriff may act under this section on a summary application, ”;

(b) in subsection (2)—

(i) after the words “magistrate’s court” there shall be inserted the words “ or, in Scotland, the sheriff ”;

(ii) after the word “street” there shall be inserted the words “ or, in Scotland, road ”;

(iii) after the words “the court” there shall be inserted the words “ or the sheriff ”;

(iv) in paragraph (a) after the word “defendant” there shall be inserted the words “ or, in Scotland, defender ”;

(v) in paragraph (b) after the word “defendant” there shall be inserted the words “ or defender ”;

(vi) after the word “and” where it third occurs there shall be inserted the words “ , in England and Wales, ”;

(c) in subsection (3), after the words “magistrate’s court” there shall be inserted the words “ or the sheriff ” and after the words “of the court” in both places where they occur there shall be inserted the words “ or of the sheriff ”;

(d) in subsection (11), after the words “magistrate’s court” there shall be inserted the words “ or the sheriff ”;

(e) in subsection (12) after the word “complaint” there shall be inserted the words “ or summary application ”, after the words “the court” in both places where they occur there shall be inserted the words “ or the sheriff ” and for the words “defendant (or defendants” there shall be substituted the words “ defendant or defender (or defendants or defenders ”;

(f) in subsection (13), after the words “ magistrate’s court ” there shall be inserted the words “or to the sheriff” and after the words “ the court ” in both place where they occur there shall be inserted the words “or the sheriff”.

7

In Schedule 3 (statutory nuisance; supplementary provisions)—

(a) after paragraph 1 there shall be inserted—

(1A) (1) This paragraph applies in relation to appeals to the sheriff under section 80(3) against an abatement notice. (2) An appeal to which this paragraph applies shall be by way of a summary application. (3) The Secretary of State may make regulations as to appeals to which this paragraph applies and the regulations may in particular include or prescribe any of the matters referred to in sub-paragraphs (4)(a) to (d) of paragraph 1 above.

;

(b) in paragraph 2 at the end there shall be added—

(8) In the application of this paragraph to Scotland, a reference to a justice of the peace or to a justice includes a reference to the sheriff.

;

(d) in paragraph 4 at the end there shall be added—

(9) This paragraph does not apply to Scotland.

;

(e) in paragraph 6 after the words “magistrate’s court” there shall be inserted the words “ or, in Scotland, the sheriff ”.

Amendments of the Radioactive Substances Act 1993

8

In the Radioactive Substances Act 1993, in Part II of Schedule 3—

(a) in paragraph 12, for the words “Sections 16 and 17” there shall be substituted the words “ Section 16 ”;

(b) at the end there shall be added—

(17A) Part III of the Environmental Protection Act 1990.

SCHEDULE 18

Interpretation

1

(1) In this Schedule—

“designated person” means an authorised person, within the meaning of section 108 of this Act and includes a person designated by virtue of paragraph 2 below;

“relevant power” means a power conferred by section 108 of this Act, including a power exercisable by virtue of a warrant under this Schedule.

(2) Expressions used in this Schedule and in section 108 of this Act have the same meaning in this Schedule as they have in that section.

Issue of warrants

2

(1) If it is shown to the satisfaction of a justice of the peace or, in Scotland, the sheriff or a justice of the peace, on sworn information in writing—

(a) that there are reasonable grounds for the exercise in relation to any premises of a relevant power; and

(b) that one or more of the conditions specified in sub-paragraph (2) below is fulfilled in relation to those premises,

the justice or sheriff may by warrant authorise an enforcing authority to designate a person who shall be authorised to exercise the power in relation to those premises, in accordance with the warrant and, if need be, by force.

(2) The conditions mentioned in sub-paragraph (1)(b) above are—

(a) that the exercise of the power in relation to the premises has been refused;

(b) that such a refusal is reasonably apprehended;

(d) that the occupier is temporarily absent from the premises and the case is one of urgency; or

(e) that an application for admission to the premises would defeat the object of the proposed entry.

(2A) A justice of the peace may by warrant authorise an English or Welsh authorised person, designated for the purpose by the person who authorised them, to exercise the powers in section 108(4)(ka) in accordance with the warrant and, if need be, by force.

(2B) The justice may do so only if satisfied that there are reasonable grounds for believing that—

(a) there is material on or accessible from the premises in question which is likely to be of substantial value (by itself or together with other material) to an examination or investigation under section 108(4)(c), and

(b) it is impracticable to communicate with a person entitled to grant access to it, or access to it is unlikely to be granted unless a warrant is produced.

(3) ...

(4) Every warrant under this Schedule shall continue in force until the purposes for which the warrant was issued have been fulfilled.

Manner of exercise of powers

3

A person designated as the person who may exercise a relevant power shall , if so required, produce evidence of his designation and other authority before he exercises the power.

Information obtained to be admissible in evidence

4

(1) Subject to section 108(12) of this Act, information obtained in consequence of the exercise of a relevant power, with or without the consent of any person, shall be admissible in evidence against that or any other person.

(2) Without prejudice to the generality of sub-paragraph (1) above, information obtained by means of monitoring or other apparatus installed on any premises in the exercise of a relevant power, with or without the consent of any person in occupation of the premises, shall be admissible in evidence in any proceedings against that or any other person.

Duty to secure premises

5

A person who, in the exercise of a relevant power enters on any premises which are unoccupied or whose occupier is temporarily absent shall leave the premises as effectually secured against trespassers as he found them.

Compensation

6

(1) Where any person exercises any power conferred by section 108(4)(a) or (b) or (5) of this Act, it shall be the duty of the enforcing authority under whose authorisation he acts to make full compensation to any person who has sustained loss or damage by reason of—

(a) the exercise by the designated person of that power; or

(b) the performance of, or failure of the designated person to perform, the duty imposed by paragraph 5 above.

(2) Compensation shall not be payable by virtue of sub-paragraph (1) above in respect of any loss or damage if the loss or damage—

(a) is attributable to the default of the person who sustained it; or

(b) is loss or damage in respect of which compensation is payable by virtue of any other provision of the pollution control enactments.

(3) Any dispute as to a person’s entitlement to compensation under this paragraph, or as to the amount of any such compensation, shall be referred to the arbitration of a single arbitrator or, in Scotland, arbiter appointed by agreement between the enforcing authority in question and the person who claims to have sustained the loss or damage or, in default of agreement, by the Secretary of State.

(4) A designated person shall not be liable in any civil or criminal proceedings for anything done in the purported exercise of any relevant power if the court is satisfied that the act was done in good faith and that there were reasonable grounds for doing it.

SCHEDULE 19

The Control of Pollution Act 1974

1

(1) The Control of Pollution Act 1974 shall be amended in accordance with the following provisions of this paragraph.

(2) For subsection (5) of section 34 (offences relating to consents for discharge of effluent etc) there shall be substituted—

(5) A person who, in an application for consent in pursuance of this section, makes any statement which he knows to be false or misleading in a material particular or recklessly makes any statement which is false or misleading in a material particular shall be guilty of an offence and shall be liable— (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.

(3) For subsection (3) of section 93 (offences relating to power of authorities to obtain information) there shall be substituted—

(3) A person who— (a) fails without reasonable excuse to comply with the requirements of a notice served on him in pursuance of this section; or (b) in furnishing any information in compliance with such a notice, makes any statement which he knows to be false or misleading in a material particular or recklessly makes any statement which is false or misleading in a material particular, shall be guilty of an offence. (3A) A person guilty of an offence under this section shall be liable— (a) on summary conviction, to a fine not exceeding the statutory maximum; or (b) on conviction on indictment, to a fine or to imprisonment for a term not exceeding two years, or to both.

The Water (Scotland) Act 1980

2

(1) The Water (Scotland) Act 1980 shall be amended in accordance with the following provisions of this paragraph.

(2) In section 93 (obtaining of information as to underground water) after subsection (7) there shall be inserted—

(8) Any person who in keeping a journal under subsection (1) or in furnishing information under subsection (2) or (3) makes any statement which he knows to be false or misleading in a material particular or recklessly makes any statement which is false or misleading in a material particular shall be guilty of an offence and shall be liable— (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.

(3) In section 94 (false information) after the word “Act” there shall be inserted the words “ (other than by or under section 93) ”.

The Control of Pollution (Amendment) Act 1989

3

In section 7(3)(b) of the Control of Pollution (Amendment) Act 1989 (offences of making false statements), after the word “false” in each place where it occurs there shall be inserted the words “ or misleading ”.

The Environmental Protection Act 1990

4

(1) For section 44 of the Environmental Protection Act 1990 (offences of making false statements) there shall be substituted—

(44) (1) A person who— (a) in purported compliance with a requirement to furnish any information imposed by or under any provision of this Part, or (b) for the purpose of obtaining for himself or another any grant of a licence, any modification of the conditions of a licence, any acceptance of the surrender of a licence or any transfer of a licence, makes a statement which he knows to be false or misleading in a material particular, or recklessly makes any statement which is false or misleading in a material particular, commits an offence. (2) A person who intentionally makes a false entry in any record required to be kept by virtue of a licence commits an offence. (3) A person who commits an offence under this section shall be liable— (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.

(2) In section 71(3) of that Act, paragraph (b) (offence of making false or misleading statements) shall cease to have effect.

The Water Resources Act 1991

5

(1) Section 206 of the Water Resources Act 1991 (making of false statements etc) shall be amended in accordance with the following provisions of this paragraph.

(2) For subsection (1), there shall be substituted—

(1) If, in furnishing any information or making any application under or for the purposes of any provision of this Act, any person makes a statement which he knows to be false or misleading in a material particular, or recklessly makes any statement which is false or misleading in a material particular, he shall be guilty of an offence under this section.

(3) Subsection (2) (which is superseded by the amendment made by sub-paragraph (2) above) shall be omitted.

(4) After subsection (3) (offences relating to the use of meters in connection with licences under Chapter II of Part II) there shall be inserted—

(3A) If a person intentionally makes a false entry in any record required to be kept by virtue of a licence under Chapter II of Part II of this Act, or a consent under Chapter II of Part III of this Act, he shall be guilty of an offence under this section.

(5) For subsections (5) to (7) (which require consent to the prosecution of certain offences and provide different penalties for different offences) there shall be substituted—

(5) A person who is guilty of an offence under this section shall be liable— (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.

The Radioactive Substances Act 1993

6

After section 34 of the Radioactive Substances Act 1993 (offences relating to disclosure of information about trade secrets etc) there shall be inserted—

(34A) (1) Any person who— (a) for the purpose of obtaining for himself or another any registration under section 7 or 10, any authorisation under section 13 or 14 or any variation of such an authorisation under section 17, or (b) in purported compliance with a requirement to furnish information imposed under section 31(1)(d), makes a statement which he knows to be false or misleading in a material particular, or recklessly makes a statement which is false or misleading in a material particular, shall be guilty of an offence. (2) Any person who intentionally makes a false entry in any record— (a) which is required to be kept by virtue of a registration under section 7 or 10 or an authorisation under section 13 or 14, or (b) which is kept in purported compliance with a condition which must be complied with if a person is to have the benefit of an exemption under section 8, 11 or 15, shall be guilty of an offence. (3) A person guilty of an offence under this section shall be liable— (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.

SCHEDULE 20

Interpretation

1

In this Schedule—

“appointed person” means a person appointed under section 114(1)(a) of this Act; and

“appointment”, in the case of any appointed person, means appointment under section 114(1)(a) of this Act.

Appointments

2

An appointment under section 114(1)(a) of this Act must be in writing and—

(a) may relate to any particular appeal, matters or questions specified in the appointment or to appeals, matters or questions of a description so specified;

(b) may provide for any function to which it relates to be exercisable by the appointed person either unconditionally or subject to the fulfilment of such conditions as may be specified in the appointment; and

(c) may, by notice in writing given to the appointed person, be revoked at any time by the Secretary of State in respect of any appeal, matter or question which has not been determined by the appointed person before that time.

Powers of appointed person

3

Subject to the provisions of this Schedule, an appointed person shall, in relation to any appeal, matter or question to which his appointment relates, have the same powers and duties as the Secretary of State, other than—

(a) any function of making regulations;

(b) any function of holding an inquiry or other hearing or of causing an inquiry or other hearing to be held; or

(i) of enabling persons to appear before and be heard by the person so appointed; or

(ii) of referring any question or matter to that person.

Holding of local inquiries and other hearings by appointed persons

4

(1) If either of the parties to an appeal, matter or question expresses a wish to appear before and be heard by the appointed person, the appointed person shall give both of them an opportunity of appearing and being heard.

(2) Whether or not a party to an appeal, matter or question has asked for an opportunity to appear and be heard, the appointed person—

(a) may hold a local inquiry or other hearing in connection with the appeal, matter or question, and

(b) shall, if the Secretary of State so directs, hold a local inquiry in connection with the appeal, matter or question,

but this sub-paragraph is subject to sub-paragraph (3) below.

(3) No local inquiry shall be held by virtue of this Schedule in connection with an appeal under—

(a) section 42B(5) of the Control of Pollution Act 1974,

(b) section 22(5), ... or 78T(3) of the Environmental Protection Act 1990, or

(d) regulation 53 of the Environmental Permitting (England and Wales) Regulations 2016 (S.I. 2016/1154),

(d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(e) regulation 55(1)(o) or (p) of the Environmental Authorisations (Scotland) Regulations 2018.

(appeals against decisions that information is not commercially confidential), or any matter involved in such an appeal, and any hearing held by virtue of this Schedule in connection with any such appeal or matter must be held in private.

(4) Where an appointed person holds a local inquiry or other hearing by virtue of this Schedule, an assessor may be appointed by the Secretary of State to sit with the appointed person at the inquiry or hearing and advise him on any matters arising, notwithstanding that the appointed person is to determine the appeal, matter or question.

(5) Subject to paragraph 5 below, the costs of a local inquiry held under this Schedule shall be defrayed by the Secretary of State.

Local inquiries under this Schedule: evidence and costs

5

(1) In relation to England and Wales, subsections (2) to (5) of section 250 of the Local Government Act 1972 (local inquiries: evidence and costs) shall apply to local inquiries or other hearings held under this Schedule by an appointed person as they apply to inquiries caused to be held under that section by a Minister, but with the following modifications, that is to say—

(a) with the substitution in subsection (2) (evidence) for the reference to the person appointed to hold the inquiry of a reference to the appointed person;

(b) with the substitution in subsection (4) (recovery of costs of holding the inquiry) for the references to the Minister causing the inquiry to be held of references to the Secretary of State;

(c) taking the reference in that subsection to a local authority as including the Agency or the Natural Resources Body for Wales, as appropriate; and

(d) with the substitution in subsection (5) (orders as to the costs of the parties) for the reference to the Minister causing the inquiry to be held of a reference to the appointed person or the Secretary of State.

(2) In relation to Scotland, subsections (3) to (8) of section 210 of the Local Government (Scotland) Act 1973 (which relate to the costs of and holding of local inquiries) shall apply to local inquiries or other hearings held under this Schedule as they apply to inquiries held under that section, but with the following modifications, that is to say—

(a) with the substitution in subsection (3) (notice of inquiry) for the reference to the person appointed to hold the inquiry of a reference to the appointed person;

(b) with the substitution in subsection (4) (evidence) for the reference to the person appointed to hold the inquiry and, in paragraph (b), the reference to the person holding the inquiry of references to the appointed person;

(c) with the substitution in subsection (6) (expenses of witnesses etc.) for the references to the Minister causing the inquiry to be held of a reference to the appointed person or the Secretary of State;

(d) with the substitution in subsection (7) (expenses) for the references to the Minister of references to the appointed person or the Secretary of State;

(e) with the substitution in subsection (7A) (recovery of entire administrative expense)—

(i) for the first reference to the Minister of a reference to the appointed person or the Secretary of State;

(ii) in paragraph (a), for the reference to the Minister of a reference to the Secretary of State; and

(iii) in paragraph (b), for the reference to the Minister holding the inquiry of a reference to the Secretary of State;

(f) with the substitution in subsection (7B) (power to prescribe daily amount)—

(i) for the first reference to the Minister of a reference to the Secretary of State;

(ii) in paragraphs (a) and (c), for the references to the person appointed to hold the inquiry of references to the appointed person; and

(iii) in paragraph (d), for the reference to the Minister of a reference to the appointed person or the Secretary of State; and

(g) with the substitution in subsection (8) (certification of expenses) for the reference to the Minister, the reference to him and the reference to the Crown of references to the appointed person or the Secretary of State.

Revocation of appointments and making of new appointments

6

(1) Where under paragraph 2(c) above the appointment of the appointed person is revoked in respect of any appeal, matter or question, the Secretary of State shall, unless he proposes to determine the appeal, matter or question himself, appoint another person under section 114(1)(a) of this Act to determine the appeal, matter or question instead.

(2) Where such a new appointment is made, the consideration of the appeal, matter or question, or any hearing in connection with it, shall be begun afresh.

(3) Nothing in sub-paragraph (2) above shall require any person to be given an opportunity of making fresh representations or modifying or withdrawing any representations already made.

Certain acts and omissions of appointed person to be treated as those of the Secretary of State

7

(1) Anything done or omitted to be done by an appointed person in, or in connection with, the exercise or purported exercise of any function to which the appointment relates shall be treated for all purposes as done or omitted to be done by the Secretary of State in his capacity as such.

(2) Sub-paragraph (1) above shall not apply—

(a) for the purposes of so much of any contract made between the Secretary of State and the appointed person as relates to the exercise of the function; or

(b) for the purposes of any criminal proceedings brought in respect of anything done or omitted to be done as mentioned in that sub-paragraph.

SCHEDULE 21

Part I — Enactments Relating to England and Wales

The Water Industry Act 1991

1

(1) For section 221 of the Water Industry Act 1991 (Crown application) there shall be substituted—

(221) (1) Subject to the provisions of this section, this Act shall bind the Crown. (2) No contravention by the Crown of any provision made by or under this Act shall make the Crown criminally liable; but the High Court may, on the application of the Environment Agency, a water undertaker or a sewerage undertaker, declare unlawful any act or omission of the Crown which constitutes such a contravention. (3) Notwithstanding anything in subsection (2) above, any provision made by or under this Act shall apply to persons in the public service of the Crown as it applies to other persons. (4) If the Secretary of State certifies that it appears to him, as respects any Crown premises and any powers of entry exercisable in relation to them specified in the certificate, that it is requisite or expedient that, in the interests of national security, the powers should not be exercisable in relation to those premises, those powers shall not be exercisable in relation to those premises. (5) Nothing in this section shall be taken as in any way affecting Her Majesty in her private capacity; and this subsection shall be construed as if section 38(3) of the Crown Proceedings Act 1947 (interpretation of references to Her Majesty in her private capacity) were contained in this Act. (6) Subject to subsections (4) and (5) above, the powers conferred by sections 155, 159, 161(2) and 167 above shall be exercisable in relation to land in which there is a Crown or Duchy interest only with the consent of the appropriate authority. (7) In this section— - “the appropriate authority” has the same meaning as it has in Part XIII of the Town and Country Planning Act 1990 by virtue of section 293(2) of that Act; - “Crown or Duchy interest” means an interest which belongs to Her Majesty in right of the Crown or of the Duchy of Lancaster, or to the Duchy of Cornwall, or belonging to a government department or held in trust for Her Majesty for the purposes of a government department; - “Crown premises” means premises held by or on behalf of the Crown. (8) The provisions of subsection (3) of section 293 of the Town and Country Planning Act 1990 (questions relating to Crown application) as to the determination of questions shall apply for the purposes of this section.

The Water Resources Act 1991

2

(1) The Water Resources Act 1991 shall be amended in accordance with the following provisions of this paragraph.

(2) In section 115 (fisheries orders) in subsection (7) (orders affecting Crown or Duchy property) in paragraph (a), after the words “an order under this section” there shall be inserted the words “ making provision, by virtue of subsection (1)(b) above, for the modification of section 156 below in relation to fisheries in an area ”.

(3) In section 142 (orders providing for the imposition and collection of fisheries contributions), in subsection (2) (which applies, in relation to orders under that section, the provisions of subsections (2) to (9) of section 115 of that Act) for the words “(2) to (9)” there shall be substituted the words “ (2) to (6) ”.

(4) For section 222 (Crown application) there shall be substituted—

(222) (1) Subject to the provisions of this section, this Act binds the Crown. (2) No contravention by the Crown of any provision made by or under this Act shall make the Crown criminally liable; but the High Court may, on the application of the Agency, declare unlawful any act or omission of the Crown which constitutes such a contravention. (3) Notwithstanding anything in subsection (2) above, the provisions of this Act shall apply to persons in the public service of the Crown as they apply to other persons. (4) If the Secretary of State certifies that it appears to him, as respects any Crown premises and any powers of entry exercisable in relation to them specified in the certificate, that it is requisite or expedient that, in the interests of national security, the powers should not be exercisable in relation to those premises, those powers shall not be exercisable in relation to those premises. (5) Subject to subsection (4) above, the powers conferred by sections 154, 156, 160, 162(3) and 168 above shall be exercisable in relation to land in which there is a Crown or Duchy interest only with the consent of the appropriate authority. (6) Nothing in this section shall be taken as in any way affecting Her Majesty in her private capacity; and this subsection shall be construed as if section 38(3) of the Crown Proceedings Act 1947 (interpretation of references to Her Majesty in her private capacity) were contained in this Act. (7) Nothing in this Act, as read with the other provisions of this section, shall be construed as conferring any power of levying drainage charges in respect of lands below the high-water mark of ordinary spring tides. (8) Section 74 of the Land Drainage Act 1991 (Crown application), so far as it relates to land in which there is a Crown or Duchy interest, shall apply in relation to the flood defence provisions of this Act as it applies in relation to that Act; but nothing in this subsection shall affect any power conferred by this Act for the purposes both of the Agency’s functions under those provisions and of other functions of the Agency. (9) In this section— - “the appropriate authority” has the same meaning as it has in Part XIII of the Town and Country Planning Act 1990 by virtue of section 293(2) of that Act; - “Crown or Duchy interest” means an interest which belongs to Her Majesty in right of the Crown or of the Duchy of Lancaster, or to the Duchy of Cornwall, or belonging to a government department or held in trust for Her Majesty for the purposes of a government department; - “Crown premises” means premises held by or on behalf of the Crown. (10) The provisions of subsection (3) of section 293 of the Town and Country Planning Act 1990 (questions relating to Crown application) as to the determination of questions shall apply for the purposes of this section.

Part II — Enactments Relating to Scotland

The Sewerage (Scotland) Act 1968

3

For section 55 of the Sewerage (Scotland) Act 1968 (Crown application) there shall be substituted—

(55) (1) Subject to the provisions of this section, this Act shall bind the Crown. (2) No contravention by the Crown of any provision made by or under this Act shall make the Crown criminally liable; but the Court of Session may, on the application of a sewerage authority, declare unlawful any act or omission of the Crown which constitutes such a contravention. (3) Notwithstanding anything in subsection (2) above, any provision made by or under this Act shall apply to persons in the public service of the Crown as it applies to other persons. (4) If the Secretary of State certifies that it appears to him, as respects any Crown premises and any powers of entry exercisable in relation to them specified in the certificate, that it is requisite or expedient that, in the interests of national security, the powers should not be exercisable in relation to those premises, those powers shall not be exercisable in relation to those premises. (5) Nothing in this section shall be taken as in any way affecting Her Majesty in her private capacity. (6) In this section “Crown premises” means premises held by or on behalf of the Crown.

The Control of Pollution Act 1974

4

For subsection (3) of section 105 of the Control of Pollution Act 1974 (application to Crown) as it has effect in relation to Scotland, there shall be substituted the following subsections—

(3) Subject to subsections (3A) to (3D) below, this Act shall bind the Crown. (3A) No contravention by the Crown of any provision made by or under this Act shall make the Crown criminally liable; but the Court of Session may, on the application of— (a) the Scottish Environment Protection Agency; or (b) any other public or local authority charged with enforcing that provision, declare unlawful any act or omission of the Crown which constitutes such a contravention. (3B) Notwithstanding anything in subsection (3A) above, any provision made by or under this Act shall apply to persons in the public service of the Crown as it applies to other persons. (3C) If the Secretary of State certifies that it appears to him, as respects any Crown premises and any powers of entry exercisable in relation to them specified in the certificate, that it is requisite or expedient that, in the interests of national security, the powers should not be exercisable in relation to those premises, those powers shall not be exercisable in relation to those premises; and in this subsection “Crown premises” means premises held or used by or on behalf of the Crown. (3D) Nothing in this section shall be taken as in any way affecting Her Majesty in her private capacity.

The Water (Scotland) Act 1980

5

After section 110 of the Water (Scotland) Act 1980 there shall be inserted—

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