Section 30 Duty to notify occupiers of offences.C1
England, Wales and Scotland
If, in the opinion of an authorised officer of the local authority, an offence is being or has been committed under section one or section eleven of this Act F1or a nuisance to which section sixteen of this Act applies exists or has existed, he shall, unless he has reason to believe that notice thereof has already been given by or on behalf of the local authority, as soon as may be notify the occupier of the premises, the person having possession of the boiler or plant, the owner of the railway locomotive engine or the owner or master or other officer or person in charge of the vessel, as the case may be, and, if his notification is not in writing, shall, F2before the end of the four days next following the day on which he became aware of the offence, confirm the notification in writing.
In any proceedings for an offence under section one or section eleven of this Act it shall be a defence to prove that the provisions of subsection (1) of this section have not been complied with in the case of the offence, and if no such notification as is required by that subsection has been given before the end of the F3four days next following the day of the offence, the said subsection (1) shall be deemed not to have been complied with unless the contrary is proved.
Annotations
Textual amendments
- F1
Words repealed (prosp.) by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 162(2), Sch. 16 Pt. I
- F2
Words substituted, except in relation to offences committed before 1.1.1976, by Control of Pollution Act 1974 (c. 40), Sch. 3 para. 16(1)(3)
- F3
Words substituted, except in relation to offences committed before 1.1.1976, by Control of Pollution Act 1974 (c. 40), Sch. 3 para. 16(2)(3)
Modifications
- C1
S. 30 amended by Clean Air Act 1968 (c. 62), Sch. 1 para. 8
Notes on the whole Act
Textual amendments
- F1
Act repealed (27.8.1993) by 1993 c. 11, ss. 67(3), 68(2), Sch.6.