The Environment Act 1995 (Commencement No. 8 and Saving Provisions) Order 1996

Made: 20th November 1996

The Secretary of State, in exercise of the powers conferred on him by section 125(3) and (4) of the Environment Act 1995[^f00001], hereby makes the following Order:

Citation

1

This Order may be cited as the Environment Act 1995 (Commencement No. 8 and Saving Provisions) Order 1996.

Provisions coming into force on 21st November 1996

2

Section 120(1) of the Environment Act 1995 shall come into force on 21st November 1996 in so far as it relates to paragraphs 142, 143, 169, 170 and 183 of Schedule 22 in so far as the amendments made by those provisions confer any power to make regulations.

Provisions coming into force on 31st December 1996

3

Subject to article 4, the following provisions of the Environment Act 1995 shall come into force on 31st December 1996—

• section 120(1) in so far as it relates to paragraphs 142, 143, 169, 170 and 183 of Schedule 22 in so far as those paragraphs are not already in force; and

• section 120(3) in so far as it relates to the repeals made in Schedule 24 in relation to sections 91 and 190(1) of the Water Resources Act 1991[^f00002].

Saving provisions

4

• (1) Nothing in this Order shall affect—

• (a) the application of—

• (i) paragraphs 1 to 5 of Schedule 10 to the Water Resources Act 1991 as originally enacted or as modified by the Control of Pollution (Discharges by the National Rivers Authority) Regulations 1989[^f00003]; and

• (ii) regulations 2 to 6 of the Control of Pollution (Consents for Discharges etc.) (Secretary of State Functions) Regulations 1989[^f00004],

in relation to any application made under paragraph 1 of that Schedule (applications for discharge consents) before 31st December 1996 or any consent given under paragraph 5 of that Schedule (discharge consents granted without applications) before that date;

• (b) the application of section 91 of the Water Resources Act 1991 as originally enacted (appeals in respect of consents under Chapter II of Part III of that Act), and regulations 2 and 7 of the Control of Pollution (Consents for Discharges etc.) (Secretary of State Functions) Regulations 1989, in relation to any appeal under that section made in relation to a decision taken before 31st December 1996;

• (c) the power to amend or revoke any of the regulations mentioned in sub-paragraph (a) or (b) above.

• (2) Paragraph (1)(a) above shall not apply in relation to an application made under paragraph 1 of Schedule 10 to the Water Resources Act 1991 before 31st December 1996 if—

• (a) the application relates to discharges of a kind which the applicant, or a predecessor of his, was authorised to make by virtue of a consent to which paragraph 21 of Schedule 23 to the Environment Act 1995 (transitional provisions in relation to discharge consents) applied; and

• (b) notice in accordance with sub-paragraph (2)(b)(ii) of that paragraph was not given by him or his predecessor.

Signed

Signed by authority of the Secretary of State for the Environment

Robert Jones — Minister of State, — 20th November 1996

Explanatory note

(This note is not part of the Order)

Article 2 brings into force on 21st November 1996 section 120(1) of, and paragraphs 142, 143, 169, 170 and 183 of Schedule 22 to, the Environment Act 1995 to the extent necessary to make regulations in relation to—

• (a) the procedure in connection with consents under Chapter II of Part III of the Water Resources Act 1991, including procedure relating to appeals; and

• (b) water pollution control registers of the Environment Agency.

Article 3 brings those provisions of Schedule 22 fully into force, and also provisions about—

• (i) enforcement notices in relation to discharge consents; and

• (ii) the exclusion of information from water pollution control registers on grounds of national security or commercial confidentiality.

Article 4 makes saving provisions in connection with the provisions commenced by this Order.

Footnotes

[^f00001]: 1995 c. 25.

[^f00002]: 1991 c. 57.

[^f00003]: S.I. 1989/1157; relevant amendments were made by paragraph 1(3) of Schedule 2 to the Water Consolidation (Consequential Provisions) Act 1991 (c. 60) and paragraph 233 of Schedule 22 to the Environment Act 1995 (c. 25).

[^f00004]: S.I. 1989/1151; see previous footnote for relevant amendments.