166 Consents for certain discharges under section 165

166  Consents for certain discharges under section 165

(1)     Except in an emergency, no discharge through any pipe the diameter of which exceeds two hundred and twenty-nine millimetres shall be made under section 165 above except with the consent of [the appropriate agency] and of any navigation authority which carries out functions in relation to—

(a)     the part of the watercourse where the discharge is made; or

(b)     any part of that watercourse which is less than three miles downstream from the place of the discharge.

(2)     Where a water undertaker makes an application to any authority for a consent for the purposes of this section—

(a)     that application shall be accompanied or supplemented by all such information as that authority may reasonably require; and

(b)     the undertaker shall serve a copy of the application, and of any consent given on that application, on every person who—

(i)     is registered with the undertaker in respect of any premises which are within three miles of the place where the discharge to which the application relates is proposed to be made and are not upstream from that place; and

(ii)     has not agreed in writing

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