The Planning Inspectorate- Wales

Discharge and Other Consents - appeal procedure guide

Appendix 2

PUBLISHED OFFICIAL GUIDE FOR REFERENCE

Advice can be found on many of the issues which might become the subject of an appeal in the following publications:-

MAIN LEGISLATION

Environment Act 1995

This Act established the Environment Agency, and also made provisions including those for control of pollution, conservation of natural resources and conservation or enhancement of the environment. The more relevant parts of this Act are Section 114, Schedule 20, Schedule 22 (Paragraphs 142-145, 161-171 and 182-186) and Schedule 23 (Paragraph 21) of this Act, which amend the WRA 1991 Act in connection with discharge consent applications, appeals, and public registers.

WATER RESOURCES ACT 1991

This Act provided a consolidation of previous water legislation both in respect of quality and quantity.

WATER INDUSTRY ACT 1991

This Act consolidates enactments relating to the supply of water and the provision of sewerage services.

ENVIRONMENT PROTECTION ACT 1990

This act established statutory provisions for a range of Environmental Protection purposes including integrated pollution control for most dangerous processes; waste regulations; and statutory nuisance.

SECONDARY LEGISLATION

The Control of Pollution (Applications, Appeals and Registers) Regulations 1996 : SI No. 2971

EC DIRECTIVES

THE BATHING WATER DIRECTIVE (76/160/EEC)

This sets standards aimed at protecting the health of bathers and maintaining the aesthetic quality of bathing waters.

THE URBAN WASTE WATER TREATMENT DIRECTIVE (91/271/EEC)

This sets requirements for the provision of collecting systems and sewage treatment according to the size of the discharge and the nature of the receiving water.

THE DANGEROUS SUBSTANCES DIRECTIVE (76/464/EEC)

Together with the Water Resources Act 1991 (as amended), it aims to control the input of certain dangerous substances into the waters of the Community.

THE GROUNDWATER DIRECTIVE (80/68/EEC)

This Directive is related to the Dangerous Substances Directive, and applies similar rules to groundwater protection.

THE FRESHWATER FISH DIRECTIVE (78/659/EEC)

THE SHELLFISH WATER DIRECTIVE (79/923/EEC)

Both of these Directives are aimed at protecting the health of freshwater fish and shellfish populations by designating waters in need of protection and setting quality standards for those waters. There is also a Directive (91/492/EEC) which aims to protect the health of consumers of shellfish by enforcing bacterial quality standards. Implementation and regulation of this Directive is the responsibility of MAFF.

THE NITRATES FROM AGRICULTURAL SOURCES DIRECTIVE (91/676/EEC)

This Directive requires Member States to identify and protect waters defined as polluted by nitrates, according to criteria described by the Directive.