Schedule 22, paragraph 29(21)

In section 46 (operations to remedy or forestall pollution of water)— in subsection (1)— at the beginning there shall be inserted the words “ Subject to subsection (1B) below, ”; and the words “in its area” where they first occur and “in its area or elsewhere” shall cease to have effect; after subsection (1) there shall be inserted— In either case mentioned in subsection (1) of this section, SEPA shall be entitled to carry out investigations for the purpose of establishing the source of the matter and the identity of the person who has caused or knowingly permitted it to be present in controlled waters or at a place from which it was likely, in the opinion of SEPA, to enter controlled waters. Without prejudice to the power of SEPA to carry out investigations under subsection (1A) above, the power conferred by subsection (1) above to carry out operations shall be exercisable only in a case where— SEPA considers it necessary to carry out forthwith any operations falling within paragraph (a) or (b) of subsection (1) above; or it appears to SEPA, after reasonable inquiry, that no person can be found on whom to serve a works notice under section 46A of this Act. in subsection (2) after the words “any operations” there shall be inserted the words “ or investigations ”; in subsection (3)(b)— after the words “any operations” there shall be inserted the words “ or investigations ”; and after the words “an abandoned mine” there shall be inserted the words “ or an abandoned part of a mine ”; and after subsection (3) there shall be inserted— Subsection (3)(b) of this section 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. Subsections (5) and (6) of section 30J above shall apply in relation to subsections (3) and (3A) above as they apply in relation to subsections (3) and (4) of that section.

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