Article 10 Relationship with other statutory provisions controlling pollution

(1)

The discharge or deposit of any effluent or matter made under and in accordance with, or as a result of any act or omission under and in accordance with, a discharge consent shall not constitute an offence under or a contravention of—

(a)

any regulations under section 13 of the 1952 c. 5 (N.I.).Foyle Fisheries Act (Northern Ireland) 1952;

(b)

section 47 of the 1966 c. 17 (N.I.).Fisheries Act (Northern Ireland) 1966 or any byelaws under section 26 of that Act;

(c)

Article 23 of the 1997 NI .Industrial Pollution Control (Northern Ireland) Order 1997; or

(d)

Article 7(1).

(2)

A person shall not be guilty of an offence under Article 7(1) or 9 in respect of the discharge or deposit of any matter if the discharge or deposit is made under and in accordance with, or as a result of any act or omission under and in accordance with—

(a)

a licence granted under Part II of the 1985 c. 48.Food and Environment Protection Act 1985;

(b)

an authorisation granted under the 1997 NIIndustrial Pollution Control (Northern Ireland) Order 1997;

(c)

a waste management licence granted under the 1997 NIWaste and Contaminated Land (Northern Ireland) Order 1997.

(3)

A person shall not be guilty of an offence under Article 7(1) or 9 if he discharges any matter into a road drain within the meaning of Article 45 of the 1993 NI 15.Roads (Northern Ireland) Order 1993, or a drain constructed and laid by the Department under Article 45(1)(b) of that Order, so that it enters a waterway or water contained in underground strata, if the Department has given its consent to the discharge unconditionally, or has given its consent to the discharge subject to conditions and the person observes the conditions.