Remedy
Start free

Section 134: Compensation in respect of determinations made for the protection of public health etc.

Water Industry Act 1991 · 1991 c. 56View on legislation.gov.uk

Part IV: SEWERAGE SERVICES — CHAPTER III: TRADE EFFLUENT

Subject to subsection (2) below, the appropriate agency shall be liable to pay compensation to the relevant person in respect of any loss or damage sustained by that person as a result of any notice under section 132 above containing the appropriate agency's determination on a review which—

has been carried out for the protection of public health or of flora and fauna dependent on an aquatic environment; and
but for being so carried out would have been prohibited by virtue of section 127(2) or 131(2) above.

The appropriate agency shall not be required to pay any compensation under this section if the determination in question is shown to have been given in consequence of—

a change of circumstances which could not reasonably have been foreseen at the time when the period of two years mentioned in section 127(2) or, as the case may be, section 131(2) above began to run; or
consideration by the appropriate agency of material information which was not reasonably available to the appropriate agency at that time.

No person shall be entitled to any compensation under section 125 above in respect of anything done in pursuance of section 133 above.

In this section "the relevant person", in relation to a review, means the owner or the occupier of the trade premises in question, according to whether it is the owner or the occupier who makes the discharges to which the review relates or, as the case may be, is a party to the agreement to which it relates.

About this text

This legislation text comes from legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. These source and reuse terms cover the legislation text, not Remedy's commentary.

Reuse reviewed 21 August 2026 under Open Government Licence v3.0.