Nothing in section 161A shall entitle the appropriate agency to require the carrying out of any works or operations which would impede or prevent the making of any discharge in pursuance of an environmental permit .
No works notice shall be served on any person requiring him to carry out any works or operations in respect of water from an abandoned mine or an abandoned part of a mine which that person permitted to enter any controlled waters or to reach a place from which it was likely, in the opinion of the appropriate agency, to enter any controlled waters.
Subsection (2) does not apply to the service of a notice on the owner or former operator of any mine or part of a mine if the mine or part in question became abandoned after 31st December 1999.
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In this section "mine" has the same meaning as in the Mines and Quarries Act 1954.