The Environment Act 1995 (Commencement No. 9 and Transitional Provisions) Order 1997

Made: 27th June 1997

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. 9 and Transitional Provisions) Order 1997.

Provisions coming into force on 1st July 1997

2

The following provisions of the Environment Act 1995 shall come into force on 1st July 1997—

• (a) section 60(3), (4), (5)(a) and (7); and

• (b) section 116 in so far as it relates to paragraph 2(4) of Schedule 21 except for the purposes of the application of the substituted section 222 of the Water Resources Act 1991[^f00002] to Part II of that Act.

Transitional provisions

3

• (1) Any application by the Crown for a consent for the purposes of section 88(1)(a) of the Water Resources Act 1991 made before 1st July 1997, and anything done before that date in relation to that application, shall be treated on and after that date as if it had been made or done under the relevant provisions of Schedule 10[^f00003] to that Act or the Control of Pollution (Applications, Appeals and Registers) Regulations 1996[^f00004].

• (2) Where—

• (a) any application to which paragraph (1) above applies has not been finally disposed of before 1st July 1997; and

• (b) the application relates to discharges which are substantially the same as discharges lawfully made by the Crown before that date without a consent,

the Environment Agency shall be deemed to have given unconditionally the consent applied for and the deemed consent shall continue in force until the application is finally disposed of.

• (3) An application shall be treated as finally disposed of for the purposes of paragraph (2) above—

• (a) on the date on which the Agency gives the consent applied for unconditionally or the application is withdrawn;

• (b) if the Agency gives its consent subject to conditions or refuses its consent, on the expiration of the time limit for appealing against that decision; or

• (c) if an appeal is duly made against the Agency’s decision, on the date on which that appeal is determined or withdrawn.

Signed

Signed by authority of the Secretary of State

Angela Eagle — Parliamentary Under Secretary of State, — Department of the Environment, Transport and the Regions — 27th June 1997

Explanatory note

(This note is not part of the Order)

Article 2 brings into force on 1st July 1997—

• (a) section 60(3), (4), (5)(a) and (7) of the Environment Act 1995, which amends section 161 of the Water Resources Act 1991 (anti-pollution works and operations); and

• (b) section 116 of the Environment Act 1995 in so far as it relates to paragraph 2(4) of Schedule 21 (Crown application of the Water Resources Act 1991) except in relation to Part II of the Water Resources Act 1991 (water resources management).

Article 3 makes transitional provisions in cases where an application for a discharge consent has been made by the Crown before 1st July 1997.

Footnotes

[^f00001]: 1995 c. 25.

[^f00002]: 1991 c. 57.

[^f00003]: Substituted by paragraph 183 of Schedule 22 to the Environment Act 1995.

[^f00004]: S.I. 1996/2971.