Schedule 22, paragraph 29(15)

In section 39 (appeals to Secretary of State)— in subsection (1), in each of paragraphs (b) and (c), for the words “the preceding section” there shall be substituted the words “ section 38 of this Act ”; in subsection (5), for the words “terms and period as are” there shall be substituted the words “ period as is ”; after that subsection there shall be inserted the following subsections— Subject to subsection (5B) below, where a question is referred to the Secretary of State in pursuance of subsection (1)(b) above, the revocation of the consent or, as the case may be, the modification of the conditions of the consent or the provision that the consent (having been unconditional) shall be subject to conditions, shall not take effect while the reference is pending. Subsection (5A) above shall not apply to a reference where the notice effecting the revocation, modification or provision in question includes a statement that in the opinion of SEPA it is necessary for the purpose of preventing or, where that is not practicable, minimising— that that subsection should not apply. the entry into controlled waters of any poisonous, noxious or polluting matter or any solid waste matter, or harm to human health, Where the reference falls within subsection (5B) above, if, on the application of the holder or former holder of the consent, the Secretary of State (or other person determining the question referred) determines that SEPA acted unreasonably in excluding the application of subsection (5A) above, then— and any dispute as to a person’s entitlement to such compensation or as to the amount of it shall be determined by a single arbiter appointed, in default of agreement between the parties concerned, by the Secretary of State on the application of any of the parties. if the reference is still pending at the end of the day on which that determination is made, subsection (5A) above shall apply to the reference from the end of that day; and the holder or former holder of the consent shall be entitled to recover compensation from SEPA in respect of any loss suffered by him in consequence of the exclusion of the application of that subsection; at the end there shall be added— This section is subject to section 114 of the Environment Act 1995 (delegation or reference of appeals). In this section “the holder”, in relation to a consent, is the person who has the consent.

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Source: legislation.gov.uk · retrieved 2026-07-30