Who Was Agains the Water Resourses Act

Changes over time for: Role III

Office Iii Due east+Westward Control of Pollution of Water Resources

Modifications etc. (non altering text)

affiliate I E+W QUALITY OBJECTIVES

82 Classification of quality of waters. E+W

(1) The Secretarial assistant of Country may, in relation to any description of controlled waters (existence a description applying to some or all of the waters of a item form or of two or more different classes), past regulations prescribe a system of classifying the quality of those waters according to criteria specified in the regulations.

(two) The criteria specified in regulations under this section in relation to any classification shall consist of one or more of the following, that is to say—

(a) general requirements as to the purposes for which the waters to which the classification is applied are to be suitable;

(b) specific requirements as to the substances that are to be present in or absent from the water and as to the concentrations of substances which are or are required to be present in the water;

(c) specific requirements equally to other characteristics of those waters;

and for the purposes of any such classification regulations under this section may provide that the question whether prescribed requirements are satisfied may be determined by reference to such samples as may exist prescribed.

Modifications etc. (not altering text)

83 H2o quality objectives. E+W

(ane) For the purpose of maintaining and improving the quality of controlled waters the Secretary of State may, by serving a observe on the [F1advisable agency ] specifying—

(a) one or more of the classifications for the fourth dimension being prescribed nether department 82 to a higher place; and

(b) in relation to each specified classification, a date,

constitute the water quality objectives for whatsoever waters which are, or are included in, waters of a description prescribed for the purposes of that section.

(2) The water quality objectives for whatsoever waters to which a notice under this section relates shall be the satisfaction by those waters, on and at all times after each date specified in the detect, of the requirements which at the fourth dimension of the notice were the requirements for the nomenclature in relation to which that date is so specified.

(3) Where the Secretary of State has established water quality objectives nether this section for any waters he may review objectives for those waters if—

(a) five years or more accept elapsed since the service of the last find under subsection (1) or (6) of this section to be served in respect of those waters; or

(b) the [F1appropriate bureau ], afterwards consultation with such water undertakers and other persons as it considers appropriate, requests a review;

and the Secretary of Land shall not exercise his power to establish objectives for whatever waters past varying the existing objectives for those waters except in event of such a review.

(4) Where the Secretarial assistant of State proposes to exercise his power under this section to establish or vary the objectives for any waters he shall—

(a) give detect setting out his proposal and specifying the menstruum (not being less than three months from the date of publication of the notice) within which representations or objections with respect to the proposal may be made; and

(b) consider any representations or objections which are duly made and not withdrawn;

and, if he decides, afterward considering any such representations or objections, to exercise his power to establish or vary those objectives, he may practise so either in accordance with the proposal contained in the find or in accordance with that proposal as modified in such manner as he considers appropriate.

(five) A notice under subsection (4) above shall be given—

(a) by publishing the notice in such fashion as the Secretary of State considers appropriate for bringing it to the attention of persons likely to be affected by it; and

(b) by serving a copy of the notice on the [F1advisable agency ].

(vi) If, on a review under this section or in consequence of any representations or objections made post-obit such a review for the purposes of subsection (4) higher up, the Secretarial assistant of State decides that the water quality objectives for any waters should remain unchanged, he shall serve observe of that decision on the [F1appropriate agency ].

Textual Amendments

Modifications etc. (not altering text)

84 Full general duties to achieve and maintain objectives etc. E+Due west

(1) It shall be the duty of the Secretarial assistant of State and of the [F2appropriate bureau ] to exercise the powers conferred on him or it by or under the water pollution provisions of this Act (other than the preceding provisions of this Affiliate and sections 104 and 192 below) [F3and past the Environmental Permitting Regulations ] in such manner as ensures, and then far every bit it is practicable by the exercise of those powers to exercise so, that the h2o quality objectives specified for whatsoever waters in—

(a) a notice nether section 83 above; or

(b) a notice under department 30C of the M1Control of Pollution Act 1974 (which makes corresponding provision for Scotland),

are achieved at all times.

(two) Information technology shall exist the duty of the [F4appropriate agency ], for the purposes of the carrying out of its functions under the water pollution provisions of this Human activity [F5or under the Ecology Permitting Regulations ] —

(a) to monitor the extent of pollution in controlled waters; F6...

[F7(aa) in the case of the NRBW , to consult, in such cases as information technology may consider advisable, with the Agency; and ]

(b) [F8in the case of the Agency, ] to consult, in such cases every bit it may consider advisable, with [F9the Scottish Environment Protection Agency ] [F10or with the NRBW ].

Textual Amendments

Modifications etc. (not altering text)

Marginal Citations

Affiliate II Due east+Due west POLLUTION OFFENCES

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Principal offences E+W

F1185 Offences of polluting controlled waters. E+W

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F1286 Prohibition of certain discharges by notice or regulations. E+Due west

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F1387 Discharges into and from public sewers etc. E+W

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F1488 Defence to principal offences in respect of authorised discharges. Due east+W

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F1589 Other defences to master offences. E+Westward

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Offences in connection with deposits and vegetation in rivers Eastward+Due west

F1690 Offences in connection with deposits and vegetation in rivers. E+W

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Consents for the purposes of sections 88 to 90 Due east+Westward

F1790A Applications for consent under section 89 or 90. E+W

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F1890B Enforcement notices. E+W

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Appeals in respect of consents under Chapter Two E+Due west

F1991 Appeals in respect of consents under Chapter Ii. E+W

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[F20Chapter IIA E+West Abandoned Mines

F2191A Introductory. E+Westward

(i) For the purposes of this Chapter, " abandonment ", in relation to a mine,—

(a) subject to paragraph (b) beneath, includes—

(i) the discontinuance of any or all of the operations for the removal of water from the mine;

(two) the abeyance of working of any relevant seam, vein or vein-system;

(iii) the cessation of employ of whatever shaft or outlet of the mine;

(iv) in the example of a mine in which activities other than mining activities are carried on (whether or not mining activities are also carried on in the mine)—

(A) the discontinuance of some or all of those other activities in the mine; and

(B) whatever substantial change in the operations for the removal of h2o from the mine; but

(b) does not include—

(i) any disclaimer nether section 178 or 315 of the M2Insolvency Act 1986 (power of liquidator, or trustee of a bankrupt's manor, to disclaim onerous property) by the official receiver acting in a compulsory chapters; or

(ii) the abandonment of any rights, interests or liabilities by the Auditor in Defalcation acting as [F22trustee ] or interim trustee in a sequestration (within the meaning of the M3Bankruptcy (Scotland) Act [F232016 ] );

and cognate expressions shall be construed accordingly.

(ii) In this Chapter, except where the context otherwise requires—

• " the 1954 Act " means the M4Mines and Quarries Human activity 1954;

• " acting in a compulsory capacity ", in the case of the official receiver, means acting as—

  (a)

  liquidator of a visitor;

  (b)

  receiver or director of a bankrupt's estate, pursuant to section 287 of the M5Insolvency Act 1986;

  (c)

  trustee of a bankrupt's estate;

  (d)

  liquidator of an insolvent partnership;

  (e)

  trustee of an insolvent partnership;

  (f)

  trustee, or receiver or manager, of the insolvent manor of a deceased person;

• " mine " has the same meaning as in the 1954 Act;

• " the official receiver " has the same meaning equally it has in the M6Insolvency Act 1986 by virtue of department 399(1) of that Act;

• " prescribed " means prescribed in regulations;

• " regulations " means regulations made by the Secretarial assistant of State;

• " relevant seam, vein or vein-organisation ", in the instance of whatsoever mine, means any seam, vein or vein-organisation for the purpose of, or in connection with, whose working whatever excavation constituting or comprised in the mine was made.

Textual Amendments

Marginal Citations

91B Mine operators to give the [F24appropriate agency ] 6 months' notice of any proposed abandonment. Due east+W

(1) If, in the case of any mine, there is to exist an abandonment at whatever time afterwards the expiration of the initial period, it shall be the duty of the operator of the mine to requite find of the proposed abandonment to the [F24appropriate agency ] at to the lowest degree six months earlier the abandonment takes issue.

(2) A observe under subsection (one) above shall contain such information (if whatsoever) as is prescribed for the purpose, which may include information nigh the operator's stance every bit to whatsoever consequences of the abandonment.

(3) A person who fails to give the discover required by subsection (ane) above shall be guilty of an offence and liable—

(a) on summary conviction, to a fine non exceeding the statutory maximum;

(b) on conviction on indictment, to a fine.

(4) A person shall not be guilty of an offence under subsection (iii) in a higher place if—

(a) the abandonment happens in an emergency in order to avert danger to life or wellness; and

(b) notice of the abandonment, containing such information as may be prescribed, is given as before long as reasonably practicable after the abandonment has happened.

(5) Where the operator of a mine is—

(a) the official receiver acting in a compulsory capacity, or

(b) the Auditor in Bankruptcy acting as [F25trustee ] or acting trustee in a sequestration (within the meaning of the M7Defalcation (Scotland) Act [F262016 ] ),

he shall non be guilty of an offence under subsection (iii) above past reason of whatsoever failure to give the find required past subsection (one) above if, as soon equally reasonably practicable (whether before or subsequently the abandonment), he gives to the [F24appropriate agency ] notice of the abandonment or proposed abandonment, containing such information as may be prescribed.

(6) Where a person gives detect under subsection (1), (4)(b) or (5) above, he shall publish prescribed particulars of, or relating to, the notice in one or more than local newspapers circulating in the locality where the mine is situated.

(seven) Where the [F24appropriate agency ] —

(a) receives detect under this section or otherwise learns of an abandonment or proposed abandonment in the case of any mine, and

(b) considers that, in consequence of the abandonment or proposed abandonment taking effect, any land has or is likely to become contaminated state, within the meaning of Part IIA of the M8Environmental Protection Human activity 1990,

it shall be the duty of the [F24appropriate agency ] to inform the local authority in whose area that land is situated of the abandonment or proposed abandonment.

(viii) In this section—

• " the initial period " means the flow of six months offset with the day on which subsection (1) to a higher place comes into forcefulness;

• " " means—

  (a)

  any unitary dominance;

  (b)

  any district council, so far as information technology is not a unitary authority;

  (c)

  the Mutual Council of the City of London and, every bit respects the Temples, the Sub-Treasurer of the Inner Temple and the Under-Treasurer of the Middle Temple respectively;

• " unitary authorization " means—

  (a)

  the quango of a county, and so far as it is the quango of an area for which at that place are no district councils;

  (b)

  the quango of whatsoever district comprised in an area for which there is no county council;

  (c)

  the council of a London borough;

  (d)

  the quango of a canton borough in Wales. ]

Textual Amendments

Marginal Citations

chapter 3 Due east+West POWERS TO PREVENT AND CONTROL POLLUTION

92 Requirements to take precautions against pollution. E+West

(1) The Secretary of State may past regulations brand provision—

(a) for prohibiting a person from having custody or control of any poisonous, noxious or polluting matter unless prescribed works and prescribed precautions and other steps have been carried out or taken for the purpose of preventing or controlling the entry of the affair into whatsoever controlled waters;

(b) for requiring a person who already has custody or control of, or makes use of, any such matter to conduct out such works for that purpose and to take such precautions and other steps for that purpose equally may be prescribed.

(2) Without prejudice to the generality of the ability conferred by subsection (i) in a higher place, regulations under that subsection may—

(a) confer ability on the [F27appropriate agency ]—

(i) to determine for the purposes of the regulations the circumstances in which a person is required to deport out works or to take any precautions or other steps; and

(ii) by notice to that person, to impose the requirement and to specify or describe the works, precautions or other steps which that person is required to carry out or take;

(b) provide for appeals to the Secretarial assistant of Land confronting notices served past the [F27appropriate bureau ] in pursuance of provision made by virtue of paragraph (a) in a higher place; and

(c) provide that a contravention of the regulations shall be an offence the maximum penalties for which shall not exceed the penalties specified in [F28regulation 39(i) of the Ecology Permitting Regulations ].

[F29(3) This section is subject to section 114 of the 1995 Act (delegation or reference of appeals etc ). ]

Textual Amendments

Modifications etc. (not altering text)

93 Water protection zones. E+W

[F30(1) Where the appropriate national authority considers that either or both of subsections (2) and (2A) is satisfied in relation to any expanse, it may by order make provision—

(a) designating that area as a water protection zone; and

(b) regulating the carrying on in that zone of such activities as may be specified or described in the order. ]

[F31(1A) An lodge under this section may regulate activities carried on in a water protection zone by—

(a) prohibiting or restricting the carrying on of those activities in the zone; or

(b) imposing requirements on persons who acquit on those activities in the zone to accept such steps as may be specified or described in the order.

(1B) The power under subsection (1A)(b) is exercisable just for the purpose of [F32achievement of ] any applicable environmental objectives. ]

(2) For the purposes of subsection (1) to a higher place this subsection is satisfied in relation to any surface area if F33... it is appropriate, with a view to preventing or controlling the entry of any poisonous, noxious or polluting thing into controlled waters, to prohibit or restrict the conveying on in that surface area of activities which the [F34appropriate national authority ] considers are likely to consequence in the pollution of any such waters.

[F35(2A) For the purposes of subsection (1) this subsection is satisfied in relation to whatsoever area if it is appropriate, with a view to preventing or limiting any harm that is being or is likely to be acquired to controlled waters, to regulate the conveying on in that area of activities which the advisable national authorization considers are probable to result in such harm.

(2B) In subsection (2A) "impairment" means any adverse impact on the status of any hydromorphological quality element affecting the controlled waters that would be likely to prevent the accomplishment of any environmental objectives applicable to those waters (whether by itself or in combination with other factors), other than an adverse impact caused by the entry into controlled waters of whatever poisonous, noxious or polluting matter.

F36(2C) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ]

F37(iii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) Without prejudice to the generality of the power conferred by virtue of subsection (one) above, an guild nether this section may—

[F38(a) confer power on the [F27advisable bureau ] to make up one's mind for the purposes of the gild—

(i) the circumstances in which the carrying on of whatsoever activities is prohibited or restricted;

(ii) the circumstances in which any requirement to have steps is imposed on persons who carry on activities;

(iii) the activities to which any such prohibition or brake or any such requirement (as the example may be) applies. ]

(b) use a prohibition or restriction in respect of any activities to cases where the activities are carried on without the consent of the [F27advisable agency ] or in contravention of any conditions subject to which whatsoever such consent is given;

[F39(c) provide that a contravention of a prohibition or restriction contained in the guild or of a status of a consent given for the purposes of any such prohibition or restriction or a failure to comply with a requirement to have steps contained in the lodge shall be an offence; ]

(d) provide (subject to whatsoever regulations under department 96 beneath) for anything falling to be determined under the order by the [F27appropriate agency ] to exist determined in accordance with such process and by reference to such matters and to the opinion of such persons as may exist specified in the society;

(e) brand different provision for different cases, including different provision in relation to different persons, circumstances or localities; and

(f) incorporate such supplemental, consequential and transitional provision every bit the [F40advisable national authorisation ] considers appropriate.

[F41(4A) The maximum penalties for an offence created by subsection four(c) shall not exceed—

(a) on summary conviction, a term of imprisonment for a term not exceeding three months or a fine not exceeding the statutory maximum (or both); and

(b) on conviction on indictment, imprisonment for a term not exceeding two years or a fine (or both). ]

[F42(5) In this department, "appropriate national authority" ways—

(a) in relation to England, the Secretary of State; and

(b) in relation to Wales, the Welsh Ministers.

(half dozen) The power to brand an order under this department shall be exercisable by statutory musical instrument subject—

(a) in the case of an order made by the Secretarial assistant of State, to annulment in pursuance of a resolution of either House of Parliament; and

(b) in the case of an order fabricated by the Welsh Ministers, to annulment in pursuance of a resolution of the National Assembly for Wales,

but neither the Secretary of State nor the Welsh Ministers shall brand such an order except on an application fabricated past the [F27appropriate agency ] in accordance with Schedule eleven to this Act and otherwise in accordance with that Schedule.

(seven) In this section—

• "England" includes the territorial sea adjacent to England not forming whatever office of Wales and "Wales" has the significant given by section 158(ane) of the Government of Wales Act 2006;

• [F43"ecology objectives"—

  (a)

  in relation to the Solway Tweed River Bowl District, ways the objectives as divers in regulation 2 of the Water Surroundings (Water Framework Directive) (Solway Tweed River Basin District) Regulations 2004 (S.I. 2004/99);

  (b)

  in relation to the Northumbria River Basin District, means the objectives referred to in the WFD Regulations every bit applied and modified by regulation 5 of the Water Surroundings (Water Framework Directive) (Northumbria River Basin District) Regulations 2003 (S.I. 2003/3245);

  (c)

  in relation to any other river basin district, within the meaning of the WFD Regulations, has the same meaning equally in those regulations;

• " hydromorphological quality element " has the same significant equally in the H2o Framework Directive;

• " the WFD Regulations " ways the H2o Environment (Water Framework Directive) (England and Wales) Regulations 2017 (S.I. 2017/407). ]

• "the Water Framework Directive" ways Directive 2000/lx/ EC of the European Parliament and of the Council establishing a framework for Customs activeness in the field of h2o policy [F44, every bit concluding amended by Commission Directive 2014/101/European union ] . ]

Textual Amendments

Modifications etc. (not altering text)

F4594 Nitrate sensitive areas. Due east+Westward

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F4695 Agreements in nitrate sensitive areas. E+W

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96 Regulations with respect to consents required by virtue of section 93 or 94. East+W

(i) The Secretarial assistant of State may, for the purposes of any orders under section 93 in a higher place which crave the consent of the [F27advisable agency ] to the carrying on of any activities, by regulations make provision with respect to—

(a) applications for whatsoever such consent;

(b) the conditions of whatsoever such consent;

(c) the revocation or variation of any such consent;

(d) appeals against determinations on whatsoever such application;

(due east) the exercise by the Secretarial assistant of Country of any power conferred on the [F27appropriate agency ] past the orders;

(f) the imposition of charges where such an application has been fabricated, such a consent has been given or anything has been done in pursuance of whatever such consent; and

(g) the registration of any such awarding or consent.

F47(two) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F48(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F49(4) This section is subject to department 114 of the 1995 Act (delegation or reference of appeals etc ). ]

Textual Amendments

Modifications etc. (not altering text)

97 Codes of good agricultural practise. E+W

(1) The Ministers may by club fabricated by statutory musical instrument approve any lawmaking of exercise issued (whether by either or both of the Ministers or by another person) for the purpose of—

(a) giving practical guidance to persons engaged in agriculture with respect to activities that may affect controlled waters; and

(b) promoting what appear to them to be desirable practices by such persons for avoiding or minimising the pollution of any such waters,

and may at any time past such an guild approve a modification of such a code or withdraw their blessing of such a code or modification.

(2) A contravention of a code of practice as for the fourth dimension existence approved under this section shall not of itself give rise to any criminal or civil liability, but the [F27appropriate bureau ] shall take into account whether there has been or is likely to exist any such contravention in determining when and how it should exercise—

[F50(a) its relevant functions, in relation to water discharge activities, under the Environmental Permitting Regulations ; ]

(b) whatsoever powers conferred on the [F27advisable bureau ] by regulations under department 92 above.

(3) The Ministers shall not brand an gild nether this section unless they have first consulted the [F27appropriate bureau ].

affiliate 4 Eastward+Westward SUPPLEMENTAL PROVISIONS WITH RESPECT TO WATER POLLUTIONS

98 Radioactive substances. E+W

(1) Except as provided by regulations made by the Secretarial assistant of State nether this section, nothing in this Role shall apply in relation to radioactive waste within the meaning of the [F51the Environmental Permitting Regulations ] .

(2) The Secretary of Country may by regulations—

(a) provide for prescribed provisions of this Part to take effect with such modifications equally he considers advisable for dealing with such waste;

(b) make such modifications of [F52the Environmental Permitting Regulations ] or, in relation to such waste product, of any other enactment as he considers appropriate in outcome of the provisions of this Part and of any regulations made by virtue of paragraph (a) in a higher place.

F5399 Consents required by the Agency. Eastward+W

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100 Civil liability in respect of pollution and savings. East+W

Except in so far as this Part expressly otherwise provides and subject area to the provisions of department 18 of the M9Interpretation Act 1978 (which relates to offences under two or more laws), nothing in this Role—

(a) confers a correct of activity in any civil proceedings (other than proceedings for the recovery of a fine) in respect of any contravention of this Part or any subordinate legislation, consent or other instrument fabricated, given or issued under this Function;

(b) derogates from any right of activeness or other remedy (whether ceremonious or criminal) in proceedings instituted otherwise than under this Office; or

(c) affects whatever brake imposed by or under whatever other enactment, whether public, local or private.

101 Limitation for summary offences nether Part Three. Due east+W

Nevertheless anything in department 127 of the M10Magistrates' Courts Act 1980 (time limit for summary proceedings), a magistrates' court may try whatever summary offence under this Part, or nether any subordinate legislation made under this Part, if the information is laid not more twelve months after the committee of the offence.

102 Power to give effect to international obligations [F54etc. ] E+W

The Secretary of State shall accept ability by regulations to provide that the h2o pollution provisions of this Act shall have effect with such modifications equally may be prescribed for the purpose of F55...—

[F56(a) giving effect to any retained Eu obligations, or ]

(b) [F57enabling Her Majesty's Authorities in the Great britain to give result ] to any international agreement to which the United kingdom is for the time being a party.

F58103 Transitional pollution provisions. E+W

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104 Meaning of "controlled waters" etc. in Office III. E+W

(ane) References in this Part to controlled waters are references to waters of any of the post-obit classes—

(a) relevant territorial waters, that is to say, subject to subsection (4) below, the waters which extend seaward for three miles from the baselines from which the breadth of the territorial ocean next to England and Wales is measured;

(b) coastal waters, that is to say, whatsoever waters which are within the area which extends landward from those baselines as far as—

(a) the limit of the highest tide; or

(b) in the case of the waters of any relevant river or watercourse, the fresh-water limit of the river or watercourse,

together with the waters of any enclosed dock which adjoins waters within that expanse;

(c) inland freshwaters, that is to say, the waters of whatever relevant lake or pond or of so much of whatever relevant river or watercourse every bit is higher up the fresh-h2o limit;

(d) ground waters, that is to say, whatever waters contained in secret strata;

and, appropriately, in this Part "coastal waters", "controlled waters", "ground waters", "inland freshwaters" and "relevant territorial waters" have the meanings given by this subsection.

(ii) In this Part any reference to the waters of whatsoever lake or swimming or of any river or watercourse includes a reference to the bottom, aqueduct or bed of any lake, pond, river or, as the case may be, watercourse which is for the time being dry out.

(iii) In this section—

• "fresh-h2o limit", in relation to whatsoever river or watercourse, ways the place for the time existence shown as the fresh-water limit of that river or watercourse in the latest map deposited for that river or watercourse under section 192 below;

• "miles" ways international nautical miles of i,852 metres;

• "lake or pond" includes a reservoir of any description;

• "relevant lake or swimming" means (subject to subsection (four) below) any lake or pond which (whether it is natural or artificial or higher up or beneath ground) discharges into a relevant river or watercourse or into another lake or pond which is itself a relevant lake or swimming;

• "relevant river or watercourse" means (subject field to subsection (4) below) any river or watercourse (including an underground river or watercourse and an bogus river or watercourse) which is neither a public sewer nor a sewer or drain which drains into a public sewer.

(4) The Secretarial assistant of State may by social club provide—

(a) that whatsoever area of the territorial sea next to England and Wales is to be treated as if it were an expanse of relevant territorial waters for the purposes of this Function and of whatsoever other enactment in which any expression is divers past reference to the meanings given by this section;

(b) that any lake or pond which does not belch into a relevant river or watercourse or into a relevant lake or pond is to be treated for those purposes every bit a relevant lake or swimming;

(c) that a lake or pond which does and so discharge and is of a clarification specified in the order is to be treated for those purposes as if it were not a relevant lake or swimming;

(d) that a watercourse of a clarification and so specified is to be treated for those purposes as if information technology were non a relevant river or watercourse.

(5) An guild under this section may—

(a) comprise such supplemental, consequential and transitional provision as the Secretary of State considers advisable; and

(b) brand dissimilar provision for different cases, including different provision in relation to different persons, circumstances or localities.

(vi) The ability of the Secretary of Land to make an order nether this section shall be exercisable by statutory musical instrument subject to annulment in pursuance of a resolution of either Firm of Parliament.

Modifications etc. (not altering text)

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Source: https://www.legislation.gov.uk/ukpga/1991/57/part/III

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