Local Government (Water Pollution) Act 1977
Provisions consequential on section 4.
5. — (1) A person shall be deemed not to have contravened section 4 (1) in relation to an existing discharge of trade effluent or sewage effluent made before he is granted or refused a licence under section 4 if, before the relevant date, he applies for such a licence and complies with the requirements of any regulations under section 6 regarding the furnishing of information to a local authority.
(2) In a prosecution for an offence under section 4 it shall be presumed, until the contrary is shown by the person charged, that the discharge concerned is not an existing discharge of trade effluent or sewage effluent made in the circumstances specified in subsection (1).
(3) Where regulations under section 26 relate to an existing discharge of trade effluent or sewage effluent being made in the circumstances specified in subsection (1) or to waters to which such discharge is being so made, the local authority concerned shall grant or refuse (as the case may require) a licence under section 4 in respect of the discharge as soon as may be after the regulations are made.
(4) In this section—
“ existing discharge ” means a discharge which is similar in nature, composition and temperature to, and is of a similar volume and is made at a similar rate to, a discharge made during any corresponding period in the period of twelve months ending on the relevant date;
“ relevant date ” means the date fixed by order under section 4 (1).