Water & Marine: Water
These regulations ensure the availability of clean water for use by households and businesses and to maintain the quality of our natural environment. They are designed to protect public health, underpin the stability of the water and sewerage industry; and ensure our rivers, beaches and biodiversity are maintained and improved; whilst keeping water affordable for all.
We want to hear your views on how we could reduce regulatory burdens, and improve implementation of these regulations to secure a high quality water environment for the benefit of people and nature with less bureaucracy and greater transparency. For example could we remove low risk activities from licence control and make changes to target enforcement effort where it is most needed.
Visit the Water & Marine theme landing page here.
There are also a number of regulations relating to Water Company Specific Orders & Acts. These are mainly locally specific SIs with a variety of purposes, most of them are powers to allow the drainage, abstraction or discharge of water in certain places. These all pre-date 1989 when the water companies were privatised. On the 1st of September 1989 the functions of water authorities become functions either of the National Rivers Authority (and subsequently the Environment Agency) or of private sector water or sewerage undertakers. You can find details of these here. If you have any comments relating to these, please e-mail redtapechallenge@cabinet-office.gsi.gov.uk. All comments will be fed into the RTC Star Chamber process.
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Nitrate Pollution Prevention Regulations 2008, SI 2008/2349 (Transposed Article 5(3) of Council Directive 91/676/EEC). Sets out designation process of nitrate vulnerable zones (& arrangements for those agricultural holdings in transition to those zones); regime for the spreading nitrogen fertilisers & manure (including organic) & standards Read More… (opens in a new window)
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Nitrate Pollution Prevention (Amendment) Regulations 2009, SI 2009/3160 Main amendments included the process for appeal for a derogation (where 80% or more of the agricultural land is sown with grass), schedules covered sampling and analysis standards. Read More… (opens in a new window)
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Sludge (Use in Agriculture) Regulations 1989, SI 1989/1263 To implement the requirements of Directive 86/278/EEC. Deals with the spreading of Sewage Sludge to agricultural land. Read More… (opens in a new window)
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Sludge (Use in Agriculture) (Amendment) Regulations 1990, SI 1990/880 Amendments incl definitions: occupier of dedicated site; concentration of substances listed. Bar against sale/offer of crops for human consumption grown on land where actual concentration exceeds that permitted & clarified sludge use on agricultural land Read More… (opens in a new window)
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Control of Pollution (Applications, Appeals and Registers) Regulations 1996 These regulations deal with issues of commercial confidentiality in respect of applications for environmental permits; and the Environment Agency’s responsibilities to maintain and update permitting information on public registers. Read More… (opens in a new window)
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Control of Pollution (Discharges into Sewers) Regulations 1976, SI 1976/958 Makes provision for certain appeals against certain notices served by Sewerage Undertakers arising out of the Trade Effuent consenting regime. Read More… (opens in a new window)
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Spray Irrigation (Definition) Order 1992 This Order defines the scope of spray irrigation with reference to section 57 of the Water Resources Act 1991. (which authorise the temporary reduction of the quantity of water authorised by a licence to be used for spray irrigation). Read More… (opens in a new window)
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Water Resources (Control of Pollution) (Silage, Slurry and Agricultural Fuel Oil) (England) (Amendment) Regulations 2010 These regulations male minor amendments which include provisions for the prevention of the unwrapping of silage bales within 10 metres of any inland freshwater or coastal waters which silage effluent could enter as a result. Read More… (opens in a new window)
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Water Resources (Control of Pollution) (Silage, Slurry and Agricultural Fuel Oil) (England) Regulations 2010 These regulations set out requirements for the storage of silage, slurry and agricultural fuel oil in order to prevent pollution of freshwater and coastal waters. Read More… (opens in a new window)
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Bathing Water Regulations 2008 Implement Directive 2006/7/EC providing for the identification of bathing waters and allows the Environment Agency to set water quality objectives and monitor water quality. Requires the provision of information about bathing water quality. Read More… (opens in a new window)
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Director General of Water Services’ Register (Inspection and Charges) Order 1989 This Order sets out Ofwat’s opening hours for allowing the public to inspect the register of licences, enforcement action, etc. It also sets the fees to be charged for photocopies of the items on the register. Read More… (opens in a new window)
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Drinking Water (Undertakings) (England and Wales) Regulations 2000 These regulations prescribe the requirements for undertakings which set out measures to be taken by water companies to secure drinking water quality. Read More… (opens in a new window)
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Drought Orders (Inquiries Procedure) Rules 1984 These regulations prescribe the procedure to be followed at public local inquiries and hearings in connection with applications made to the Secretary of State for orders under the Drought Act 1976. Read More… (opens in a new window)
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Drought Plan Regulations 2005 These regulations set out the steps that a statutory water undertaker must follow with respect to publication and consultation of a draft drought plan, arrangements for a local hearing or inquiry and the publication of its final drought plan. Read More… (opens in a new window)
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Private Water Supplies Regulations 2009 These regulations prescribe standards and monitoring requirements for private drinking water supplies (those not supplied by water companies or licensed suppliers). Read More… (opens in a new window)
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Water Resources (Succession to Licences) Regulations 1969 These regulations prescibe rights in respect of the licensed abstraction of water on persons who become the occupiers of land formerly occupied by the holder of a licence to abstract water for use on the land. Read More… (opens in a new window)
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Water Resources Act 1991 (Amendment) (England and Wales) Regulations 2009 These regulations amend domestic regulation for the purpose of updating pollution prevention and remediation measures to reflect the requirements of the Water Framework Directive. Also repeals 2 redundant sections of the Water Resources Act. Read More… (opens in a new window)
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Water Resources Management Plan Regulations 2007 These regulations prescribe how water undertakers are to prepare and publish water resources management plans. Read More… (opens in a new window)
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Water Supply (Exceptions from Supply System Prohibitions) Regulations 2005 These regulations exempt certain water supply arrangements (such as those with private water suppliers) from the water supply licensing regime. Read More… (opens in a new window)
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Water Supply (Miscellaneous Amendments) (England and Wales) Regulations 2010 These regulations prescribe changes to the Undertakings regulations and associated changes to enforcement provisions in the Water Industry Act Read More… (opens in a new window)
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Water Supply (Water Fittings) (Amendment) Regulations 1999 These regulations prescribe technical changes to correct requirements for water fittings. Read More… (opens in a new window)
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Water Supply (Water Fittings) Regulations 1999 Prescribes requirements for the design, installation and maintenance of plumbing systems and water fittings to prevent the waste, misuse, undue consumption, contamination or erroneous measurement of drinking water. Read More… (opens in a new window)
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Water Supply (Water Quality) (Amendment) Regulations 2001 Prescribes a number of changes to Water Quality regulations to correct errors and update Read More… (opens in a new window)
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Water Supply (Water Quality) Regulations 2000 (Amendment) Regulations 2007 Prescribe changes to update the Water Quality Regulations 2000 on the quality of water intended for human consumption in relation to water supplies by water undertakers & licensed water suppliers (including requirement for risk assessment) Read More… (opens in a new window)
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Water Supply (Water Quality) Regulations 2000 These regulations prescribe standards, treatment and monitoring requirements for public drinking water supplies Read More… (opens in a new window)
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Water Supply and Sewerage Services (Customer Service Standards) Regulations 2008 These regulations set minimum customer service standards for water customers and payments that should be made by the water company if those standards are not met. Read More… (opens in a new window)
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Water Supply Licence (Application) Regulations 2005 The licence provides rights for a new entrant water supply licensee to provide services to its customers using an incumbent water company’s supply system. These regulations outline the process and fees for applying for a water supply licence. Read More… (opens in a new window)
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Water Supply Licence (Modification of Standard Conditions) Order 2005 This order allows Ofwat to make changes to standard licence conditions of all licensed water suppliers where 20% of the licensees agree to the changes. Read More… (opens in a new window)
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Water Supply Licence (New Customer Exception) Regulations 2005 These regulations allows a licensed water supplier to continue supplying water services to premises where there is a change of owner without the need to entrer into new negotations. Read More… (opens in a new window)
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Water Supply Licence (Prescribed Water Fittings Requirements) Regulations 2005 Prescribe certain statutory requirements in the Water Supply (Water Fittings) Regulations 1999. Read More… (opens in a new window)
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Water Supply Regulations 2010 Prescribes changes to update the Water Quality Regulations and the Private Water Supplies Regulations on the quality of water intended for human consumption. Read More… (opens in a new window)
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Water Use (Temporary Bans) Order 2010 This order defines the scope of uses that may be subject to temporary bans. Read More… (opens in a new window)
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Water Resources (Environmental Impact Assessment) (England and Wales) (Amendment) Regulations 2006 These regulations implement changes on the assessment of the effects of certain public and private projects on the environment. Read More… (opens in a new window)
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Water Resources (Environmental Impact Assessment) (England and Wales) Regulations 2003 These regulations impose procedural requirements in relation to the consideration of applications or proposals for an abstraction or impounding licence under Chapter II of Part II of the Water Resources Act 1991 and require consent in other cases. Read More… (opens in a new window)
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Water Industry (Charges) (Vulnerable Groups) (Amendment) Regulations 2000 A minor amendment to the wording of WaterSure regulations for charging schemes for vulnerable groups to clarify their meaning. Read More… (opens in a new window)
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Water Industry (Charges) (Vulnerable Groups) (Amendment) Regulations 2003 This amendment inserted pension credit, child tax credit and working tax credit into the list of eligibility criteria for WaterSure. Read More… (opens in a new window)
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Water Industry (Charges) (Vulnerable Groups) (Amendment) Regulations 2005 Widens the WaterSure qualifying criteria to include children under 19 rather than 16 as was previously the case. Expanded list of eligable medical conditions. It introduced the need for a medical certificate proving the existence of the medical condition. Read More… (opens in a new window)
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Water Industry (Charges) (Vulnerable Groups) Regulations 1999 Create the WaterSure scheme, which says that water companies’ charges scheme have to make special provision for metered customers on a low income who have 3 or more children; or who have a medical condition which necessitates high essential water use. Read More… (opens in a new window)
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Water Industry (Determination of Turnover for Penalties) Order 2005 This order makes provision for the determination of turnover for fines to be imposed on water companies. Read More… (opens in a new window)
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Water Industry (Prescribed Conditions) (Amendment) Regulations 2007 These regulations allow the Secretary of State to designate an area of serious water stress, within which water companies may include plans for universal metering as part of their Water Resources Management Plan. Read More… (opens in a new window)
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Water Industry (Prescribed Conditions) Regulations 1999 Say water customers must have a water meter if building is not principally a home, if they have a swimming pool/sprinkler/bath over specified capacity/live in area of water scarcity, water company can apply & SofS can make designation of water scarcity. Read More… (opens in a new window)
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Water Industry (Special Administration) Rules 2009 These rules set the court procedures when a water company enters into special administration (becomes insolvent) Read More… (opens in a new window)
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Water Mergers (Determination of Turnover) Regulations 2004 These regulations set how the £70 million threshold for the merger regime should be determined. Read More… (opens in a new window)
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Water Mergers (Modification of Enactments) Regulations 2004 These regulations modify the provisions merger regime for ordinary mergers so that they can be applied to the special merger regime for water companies. Read More… (opens in a new window)
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Water Officers (Compensation) (Amendment) Regulations 1968 Amend Water Officers (Compensation) Regulations 1964: what is covered by the expression “relevant employment”, consideration of National Insurance (NI) benefits in assessing resettlement compensation & deduction of NI benefits from long term compensation. Read More… (opens in a new window)
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Water Reorganisation (Capital Allowances) Order 1989 Prescribes the calculation of the writing down allowances in respect of buildings or structures held by water companies Read More… (opens in a new window)
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Water Reorganisation (Holding Companies of Successor Companies) Order 1989 Nominates successor companies to take over the functions of the water authorities established by the Water Act 1973 (c. 37). Read More… (opens in a new window)
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Water Reorganisation (Nominated Holding Companies) (Extinguishment of Loans) Order 1989 Cancels liabilities transferred on 15th November 1989 to successor water companies. Read More… (opens in a new window)
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Water Resources (Abstraction and Impounding) (Amendment) Regulations 2008 Minor corrections to the 2006 regulations, removing an unnecessary reference and correcting an error and an omission in relation to deadlines for entering certain information onto the Register of abstraction and impounding licences. Read More… (opens in a new window)
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Water Resources (Abstraction and Impounding) Regulations 2006 Provisions relating to the licensing of abstraction and impounding of water in England and Wales to reflect changes made by the Water Act 2003 to the Water Resources Act 1991 (“the Act”). Read More… (opens in a new window)
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Water (Compensation) Regulations 1983 Transfers specified liabilities of the National Water Council to the Severn-Trent Water Authority. Read More… (opens in a new window)
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Water (Consequential Amendments) Regulations 1989 Provides for Severn-Trent Water Authority to recover from other water authorities a proportion of the cost incurred by the compensation authority. Read More… (opens in a new window)
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Water (Local Statutory Provisions) (Consequential Amendments) Order 1989 Substitutes references to water authorities to the relevant water undertaker or sewerage undertaker in relation to functions, property, rights or liabilities. Read More… (opens in a new window)
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Water (Meters) (Amendment) Regulations 1988 Water Companies are required to fit and maintain water meters free of charge. These regulations enable them to recover some of their costs if they are asked to test a water meter and the results fall within certain prescribed limits of error. Read More… (opens in a new window)
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Water (Meters) Regulations 1988 Explains undertaker and customer rights re positioning of water meters, reading meters and charging. Read More… (opens in a new window)
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Water (Prevention of Pollution) (Code of Good Agricultural Practice) (England) Order 2009 Gives legal standing to the Code of Good Agricultural Practice where it affects water. It obliges the EA to take Code breaches into account when it exercises its power under the Water Resources Act 1991 to issue a notice to prevent or address pollution. Read More… (opens in a new window)
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Water (Sewerage Arrangements) Regulations 1984 Require water authorities to consult local authorities and reimburse local authorities the reasonable costs of discharging sewerage functions subject to limits. Read More… (opens in a new window)
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Water (Target Investment Limit) Order 1990 Sets target investment limits for the Government shareholding in the privatised water companies. Read More… (opens in a new window)
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Water Act 1983 (Dissolution of the National Water Council) Order 1983 This order closed down the National Water Council as a public body. Read More… (opens in a new window)
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Water Act 1983 (Dissolution of Water Space Amenity Commission) Order 1983 Appoints date on which the Water Space Amenity Commission will cease to exist. Read More… (opens in a new window)
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Water Act 1983 (National Water Council Appointed Day) Order 1983 Appoints date as the day on which certain enactments relating to functions of the National Water Council shall be repealed or modified. Read More… (opens in a new window)
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Water Act 1983 (Water Space Amenity Commission Appointed Day) Order 1983 Appoints date on which certain enactments relating to functions of the Water Space Amenity Commission shall be repealed. Read More… (opens in a new window)
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Water Act 2003 (Consequential and Supplementary Provisions) Regulations 2005 Amendments regarding the Consumer Council for Water, water supply licencing and water services regulation authority. Read More… (opens in a new window)
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Water and Sewerage (Conservation, Access and Recreation) (Code of Practice) Order 2000 Code of Practice to be followed by water and sewerage undertakers in England with respect to s. 3 to 5 of the Water Industry Act 1991; and by the Environment Agency in England with respect to s. 6(1), 7 to 9 of the Environment Act 1995 Read More… (opens in a new window)
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Water and Sewerage (Works) (Advance Payments) Regulations 1989 Provisions for advance payment of compensation payable by a water or sewage undertaker or the National Rivers Authority when it exercises powers conferred by the Water Act 1989 Read More… (opens in a new window)
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Water and Sewerage Undertakers (Inset Appointments) Regulations 2000 These regulations allow large business customers to replace their local water and sewerage company where certain conditions are met. Read More… (opens in a new window)
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Water and Sewerage Undertakers (Inset Appointments) Regulations 2005 These regulations allow business customers that use 50 megalitres or more a year to replace their local water and sewerage company. Read More… (opens in a new window)
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Water Authorities (Retirement of Chief Officers) Regulations 1974 Set out provisions for chief officers and deputy chief officers of water authorities to elect for early retirement on enhanced pension terms Read More… (opens in a new window)
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Water Authorities (Successor Companies) Order 1989 This order sets out the successor companies of the water authorities. Read More… (opens in a new window)
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Water Authorities (Transfer of Functions) (Appointed Day) Order 1989 Sets the date of transfer for the functions of water authorities to either of the National Rivers Authority or to water or sewerage undertakers. Read More… (opens in a new window)
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Water Authorities etc (Miscellaneous Provisions) Order 1974 Makes incidental, consequential, transitional and supplementary provisions for the purposes of the Water Act 1973 Read More… (opens in a new window)
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Water Authority Expenses (Limitation of Precepts) Order 1980 Specifies the multiplier for water authority precepts when requiring payment of land drainage charges from a county council Read More… (opens in a new window)
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Water Environment (Water Framework Directive) (England and Wales) Regulations 2003 Transposes Water Framework Directive (Directive 2000/60/EC) Its implementation underpins work by the environmental agencies & increasingly civil society in safeguarding water quality for human health & environmental protection. Read More… (opens in a new window)
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Water Environment (Water Framework Directive) (Northumbria River Basin District) Regulations 2003 Transposes the Water Framework Directive (Directive 2000/60/EC) for the Northumbria River Basin – setting out duties for the environmental agencies in England & Scotland. Noted responsibilities under Part 1 of the Scottish Act. Covers part of Scotland. Read More… (opens in a new window)
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Water Environment (Water Framework Directive) (Solway Tweed River Basin District) Regulations 2004 Transposes the Water Framework Directive (Directive 2000/60/EC) for the Solway Tweed River Basin-setting out duties for the environmental agencies in England & Scotland. Noted responsibilities under Part 1 of the Scottish Act. Covers part of Scotland Read More… (opens in a new window)
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Urban Waste Water Treatment (England and Wales) (Amendment) Regulations 2003 Amendments related to implementation of regulation 1994/2841 concerning publicity to be given to the results of reviews of sensitive areas or high natural dispersion areas. This item of regulation relates to England and Wales Read More… (opens in a new window)
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Urban Waste Water Treatment (England and Wales) Regulations 1994 Implements European Directive 91/271/EEC concerning urban waste water treatment. 91/271/EEC setting requirements for sewage collecting systems and treatment works and identifying sensitive receiving waters. This item of regulation also applies to Wales. Read More… (opens in a new window)
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The Surface Water (Dangerous Substances) (Classification) Regulations 1989 Set out a system for classification for water quality for inland and territorial water setting out the levels of of concentration within water of dangerous substances listed in 2 schedules (DS1 and DS2). Modified section 105 of the Water Act 1989. Read More… (opens in a new window)
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The Surface Waters (Dangerous Substances) (Classification) Regulations 1992 Covered the taking and testing of surface waters (territorial, coastal and inland freshwaters) for substances listed in the Schedule to the Regulation to establish water quality objectives Read More… (opens in a new window)
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The Anti-Pollution Works Regulations 1999 Issue of works notices under s. 161A; appeals procedure, notices of determination and compensation rights under s. 161B of Water Resources Act 1991. Amends the Control of Pollution (Applications, Appeals and Registers) 1996 to encompass s. 161A, C and D. Read More… (opens in a new window)
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The Surface Waters (Dangerous Substances) (Classification) Regulations 1997 Prescribed a monitoring system for classifying the quality of inland freshwaters, coastal waters and relevant territorial waters with a view to reducing the pollution of those waters by the dangerous substances listed in the Schedules to the Regulation. Read More… (opens in a new window)
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The Surface Waters (Dangerous Substances) (Classification) Regulations 1998 Prescribed a monitoring system for classifying the quality of inland freshwaters, coastal waters and relevant territorial waters with a view to reducing the pollution of those waters by the dangerous substances listed in the Schedules to the Regulation. Read More… (opens in a new window)
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The Control of Pollution (Oil Storage) (England) Regulations 2001 Regulates the requirements for oil storage containers and secondary containment. Read More… (opens in a new window)
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The Surface Waters (Shellfish) (Classification) Regulations 1997 Transposes (codified) 2006/113/EC covering the water quality required to support Shellfish growth. Provides for the identification of shellfish waters and gives the Environment Agency power to set water quality objectives and monitoring powers in support. Read More… (opens in a new window)
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Surface Waters (Shellfish) (Classification) (Amendment) Regulation 2009 Amends the Surface Waters (Shellfish) (Classification) Regulations 1997 to reflect the 2006 codification of the Shellfish Waters Directive (2006/113/EC). Read More… (opens in a new window)
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The Surface Water (Fishlife) (Classification) Regulation 1997 Transposes Directive 2006/44/EC providing for identification and designation of areas to protect water quality for fresh water fish. Gives the Environment Agency responsibility to set appropriate water quality objectives and monitor water quality. Read More… (opens in a new window)
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The Surface Water (Fishlife) (Classification) (Amendment) Regulation 2003 Gives powers to Environment Agency to reduce frequency of sampling of freshwater fish areas in certain circumstances. Read More… (opens in a new window)
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Surface Waters (Fishlife) (Classification) (Amendment) Regulations 2009 Amends the Surface Waters (Fishlife) (Classification) Regulations 1997 to reflect the 2006 codification of the Freshwater Fish Directive 2006/44/EC. Read More… (opens in a new window)
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Trade Effluents (Prescribed Processes and Substances) (Amendment) Regulations 1990 Amends the Trade Effluent (Prescribed Processes and Substances) Regulations 1989 to include variations of certain agreements and change some of the listed substances and processes. Read More… (opens in a new window)
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Trade Effluents (Prescribed Processes and Substances) Regulations 1989 Requires proposed trade effluent discharges to sewers, containing certain listed substances or resulting from certain processes to be notified to EA by Sewerage Undertakers. The EA will evaluate possible environmental impact & set conditions as necessary. Read More… (opens in a new window)
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Trade Effluents (Prescribed Processes and Substances) Regulations 1992 Identifies trade effluent discharges to sewers resulting from certain processes as special catergory effluents. This requires the Sewerage Undertaker to notify the proposed discharge to the Environment Agency for consideration. Read More… (opens in a new window)
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Part IV Chapter III of Water Industry Act 1991 Trade Effluent These provisions set out the regime through which an occupier of any trade premises must receive the sewerage undertaker’s consent before discharging any trade effluent to public sewers. Read More… (opens in a new window)
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Regulation 73: Part 2 of schedule 3 and schedule 21 of Environmental Permitting (England and Wales) Regulations 2010. Sets out the regime through which the Environment Agency permits discharges to surface waters. Read More… (opens in a new window)
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Schedules 2, 3 and 22 of Environmental Permitting (England and Wales) Regulations 2010. These provisions set out the regime through which the Environment Agency permits discharges to ground waters. Read More… (opens in a new window)
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Water and Sewerage (Conservation, Access and Recreation) (Code of Practice) Order 1989/1152 This order approves a Code of Practice for use by the National Rivers Authority and water undertakers promoting desirable practices. Read More… (opens in a new window)
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Water Industry Act 1991 Act which sets out the functions and duties of the Water Undertakers and regulators Read More… (opens in a new window)
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Water Industry Act 1991 Sections 41,42,43,45,98,100,104,105,107 and 146 deal with connection charges, infrastructure charges, requisition charges and asset payments for water and sewerage Read More… (opens in a new window)
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Water Act 1945 s18 This provision allows statutory undertakers to make byelaws to prevent the pollution of water by defined activities and within a defined area. Read More… (opens in a new window)
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Water Act 1945 s29 Amendment of s. 137 of the Public Health Act, 1936 which required new houses to be provided with a sufficient water supply. The amendment allows local authorities to reject plans for any new homes that would not be connected to a supply of clean water. Read More… (opens in a new window)
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Water Act 1945 s30 Amendment of s. 137 of the Public Health Act, 1936 which required new houses to be provided with a sufficient water supply. The amendment allows local authorities to require householders in homes without a water supply to connect their property to the public water supply and sets out the process for appeals. Read More… (opens in a new window)
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Water Act 1945 s31 Amendment of s. 275 of the Public Health Act 1936 (which required new houses to be provided with a sufficient water supply) as follows “for the words ‘drain or communication pipe for water’ there shall be substituted the words ‘or drain’”. Read More… (opens in a new window)
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Water Act 2003 The four broad aims of the Act are:the sustainable use of water resources;strengthening the voice of consumers;a measured increase in competition; and the promotion of water conservation. Read More… (opens in a new window)
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Water Protection Zone (River Dee Catchment) Designation Order 1999 Designates a Water Protection Zone (WPZ) on the River Dee with a view to preventing or controlling the entry of any poisonous, noxious or polluting matters into controlled waters, to prohibit or restrict any activities likely to lead to such pollution. Read More… (opens in a new window)
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Water Protection Zone (River Dee Catchment) (Procedural and Other Provisions) Regulations Procedures for application for water protection zone consent(s) on the River Dee and duties of the Environment Agency and the Secretary of State in relation to consideration and determination of consents and appeals. Read More… (opens in a new window)
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Mines (Notice of Abandonment) Regulations Prescribes action that must be taken if a mine operator or accountant/ receiver of a Mine in Administration proposes to abandon a mine and sets out requirements for the information to be supplied to the Environment Agency and advertising. Read More… (opens in a new window)
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Surface Waters (River Ecosystem) (Classification) Regulations Sets out environmental quality standards and methodology for the classification of river water and for environmental reporting and setting of river water quality objectives. Read More… (opens in a new window)
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Surface Waters (Abstraction for Drinking Water) (Classification) Regulations Sets out a sampling and analysis regime (detailed in Schedules 1- 2) to ensure the good quality of inland surface waters intended for drinking water and related powers, and duties for the Environment Agency. Modified the Water Resources Act 1991. Read More… (opens in a new window)
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Statutory Water Companies Act 1991 Places a duty on unregistered water companies in England and Wales to provide reporting and financial information. This was created to ensure that unregistered water companies were subject to the same provisions as those for limited companies in the Companies Act 1989. Read More… (opens in a new window)
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Companies Act 1985 (Modifications for Statutory Water Companies) Regulations 1989 Places a duty on unregistered water companies in England and Wales to provide reporting and financial information. This was created to ensure that unregistered water companies were subject to the same provisions as those for limited companies in the Companies Act 1989. Read More… (opens in a new window)
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Tell us what you think should happen to these regulations and why, being specific where possible:
- Should we scrap them altogether?
- Could their purpose be achieved in a non-regulatory way (eg through a voluntary code?) How?
- Could they be reformed, simplified or merged? How?
- Can we reduce their bureaucracy through better implementation? How?
- Can we make their enforcement less burdensome? How?
- Should they be left as they are?
I am commenting on behalf of the UK Environmental Law Association, Water Working Party. Our aims and activities are explained on our website, www.ukela.org
Environmental laws should protect the environment and human health from harm. Laws that do so successfully should not be scrapped. In many instances such laws implement EU law, so are necessary to avoid breaching our European obligations and consequent costly infraction proceedings.
Regulation that is failing to deliver these beneficial outcomes should be reviewed and reformed to ensure better, more effective protection of the environment; not scrapped completely.
UKELA recognises the benefits in reviewing the law to ensure it is efficient and effective at delivering good environmental outcomes. We also recognise that there are some areas of environmental legislation that are not well integrated and lack coherence. UKELA currently has a project researching this in some depth. The research has examined four areas of law, including legislation regulating water quality and water resources. The detailed Interim Report is available here: http://www.ukela.org/rte.asp?id=43 The final report is due to be published on May 23, together with reports of consultations with UKELA’s members and business users of environmental legislation.
UKELA recommends these reports to Defra personnel responsible for water legislation. They identify a number of specific instances of problems with water legislation, as well as more general coherence and integration problems. The final report will make some general recommendations. The Convenors of the Water Working Party are happy to meet with Defra to discuss this important piece of work. More detailed work will need to be done to develop solutions to each particular problem, which should be consulted on a case-by-case basis to ensure that proper account is taken of all the evidence, experience and expertise.Comment Tags: Aim 5, UKELA, water regulation
While the RSPB entirely support the aim of improving regulation by cutting down on obsolete legislation and looking for ways of reducing burdens by increasing transparency, efficiency and effectiveness. However it is vital such streamlining must not be achieved at the cost of protecting the freshwater environment which wildlife, people and industry rely on.
And its regulation, much of it stemming from Europe, which has driven much of the improvement in drinking water standards, bathing water quality and sewerage treatment that we have seen over the past thirty years. Although the current regime is not perfect, improvements in efficiency and cost-effectiveness does not necessarily equate to less regulation but rather more intelligent design and implementation. In particular successive Government’s obsession with so called “gold plating” has meant that transposition and integration of EU legislation into English law tends to focus on minimising change and costs rather than cost-effectiveness for people, wildlife and the UK economy.
For example, the continuous attempts to nudge just over the bar of compliance with the Nitrates Directive has meant successive changes in Nitrate Vulnerable Zone boundaries and their Action Programmes including storage requirements. This has left farmers confused about whether their land falls in or outside an NVZ, unable to plan capital investment over medium-long term and rewarded late adopters of best practice. Meanwhile each revision offers only marginal reductions in nitrates, leaving the UK vulnerable to infraction and, more importantly, failing to tackle a source of pollution that drives up drinking water costs and threatens freshwater and marine ecosystems at a UK, EU and global scale.
Implementation of the Water Framework Directive (WFD) looks like it may follow a similar pattern with an approach to transposition apparently intent on justifying minimal change rather than embrace the opportunity the Directive provides to protect and improve the state of the water environment taking action in a more integrated and sustainable way. As a result WFD implementation failed to place enough emphasis on understanding cost and benefits of tackling different forms of pollution, introduced a monitoring system that cannot readily demonstrate trends in water quality, underplays biological failures and, in many places, cannot reach the level of certainty which UK (not European) policy required to justify action.
As a result we will enter the next round of plans with water customers struggling to understand whether investment they fund is leading to real improvements and land managers, who largely avoided any new action, unclear about what is expected of them despite diffuse pollution being one of the greatest causes of water body failures. Of course the kind of change the WFD was intended to drive will be difficult for some sectors and individuals to deal with but that does not mean its objectives are flawed.
The WFD sets an important precedent because there is some enthusiasm to see more European and domestic “framework” legislation which sets objectives but gives greater flexibility in implementation. This is often contrasted with the “inflexible” target driven approach of the Urban Wastewater Directive (UWWTD). But while criticisms can be levelled at the UWWTD the clarity of its obligations has lead it to be the single biggest driver for water quality improvement in England and the rest of Europe. By contrast the legal complexity that affords flexibility in setting and achieving WFD objectives, has allowed the UK and other Member States to justify delay and inaction on the majority of water bodies up until 2015, fifteen years after it came into force.
If we look at water resources, the overriding problem with abstraction licensing is not one of red-tape per-se but rather flaws in the legislation which date back to the 1960s. Just as the previous administration set out a range of options for radical change against the backdrop of the 1995 drought which it failed to act on, we are extremely concerned that excellent proposals in the recent Water White Paper will not be implemented until the mid 2020s. This is not an example of red-tape tying up industry but rather a lack of appetite to introduce new laws and regulations that will drive sustainable water management albeit in a way that challenges vested interests.
There is also a principal of consistency in the duties and regulations applying to public bodies undertaking the same types of work. This is a problem for land drainage and flood management works, which are handled by several public bodies: particularly the Environment Agency, Local Authorities and Internal Drainage Boards. Each has quite different legal powers and responsibilities – something that often leads to confusion, and interferes with their duty and ability to co-operate under the Flood and Water Management Act.
From an environmental perspective, the Environment Agency has a general duty to secure compliance with the Water Framework Directive, while LAs and IDBs need only have regard to River Basin Management plans. Similarly, all flood risk management authorities have a sustainability duty, IDBs do not have such a duty for their land drainage works even when many of their works and structures will deliver a dual function.
There are, of course, some areas at the margins where reform may have real practical benefit for the environment and business. From an operational land management the RSPB has had particular problems with the water level management regime and we suggest the Red Tape Challenge might usefully examine:
• Integrating land drainage consent and impoundment licensing requirements: Anyone seeking to impound water on their land is likely to require both a land drainage consent and an impoundment licence. These requirements stem from different pieces of legislation and in ordinary watercourse can mean applying for consents on the same structure from two different authorities.
• Integrating land drainage consent, and consents for works near main water courses : There are times where works near a main watercourse require consent from the Environment Agency and Land Drainage Consent, perhaps from an Internal Drainage Board. Again, there should be scope for one consenting procedure to be applied for both purposes.
• Providing clarity on how multiple structures can be covered under one land drainage consent application. The RSPB and other conservation organisations undertake a significant amount of work that requires land drainage consent, often putting in multiple structures. The approach taken to consenting such works can vary hugely with some offering flexibility to license all operations under a single permit while others require individual applications and charges for each structure. Reforms that provide clarity about how multiple structures can be licensed under one authorisation would help reduce time delays and costs.
More generally we believe there are some regulations which drive unsustainable actions, notably we believe the Red Tape Challenge should examine
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• Removing all defence against third party claims of damages from abstractors: The Water Act (2003) went some way in removing defence against claims for third party damages arising from licensed abstraction. However removing all barriers and simplifying the legislation would help ensure that abstractors are mindful of the consequences of their operations throughout the life of a licence and not simply focussed on gaining a license that guarantees some protection against claim.
• Removing restrictions that only allow water companies to apply compulsory metering areas of water stress: The Government’s recent water white paper highlights the need for greater effort on demand management outside of areas of existing water stress. Against this backdrop we believe the current legislation is overly prescriptive any request to move to compulsory metering should be considered as part of the business planning cycle irrespective of the current scarcity status.Comment Tags: IDB, Metering, RSPB, WFD
The Customer Service Standards regulations regarding low pressure are inconsistent with the Water Act 1989 and the DG2 standard monitored by Ofwat.
Under the Water Act 1989 water companies must supply water at a pressure of 10 metres head and a flow of 9 litres per minute. This is also the DG2 standard. Where a property does not meet this standard it is placed on the DG2 register, and in the past companies were funded to reduce the number of properties on the register.
Yet the Customer Service Standards state that a customer will only receive a payment of £25 if it can be proven that the property has received a pressure at 7 metres head on two separate occasions. This represents double standards, and needs to be changed. The CSS should be amended so that customers are entitled to a payment if they receive pressure below 10 metres head. Based on Ofwat’s latest figures this would mean payment for just a few hundred households (and very little cost to the companies) but would mean that those customers were recompensed for what is poor service. Showers don’t work properly at 10 metres head let alone 7 metres head.Comment Tags: Customer Service Standards
Water Environment (Water Framework Directive) (England and Wales) Regulations 2003 (and for each River Basin district).
1. Remove from associated guidance the “one-out, all-out” clause that prevents a water body achieving good ecological status/potential should a single parameter fall outside prescribed limits. There is a need for a more pragmatic approach which gives greater recognition to ecological factors rather than chemical parameters.
2. Recognise that climate change is having an impact on water bodies and that the ‘no deterioration’ clause in the Directive will be impossible to meet if there is, as predicted, a warming effect on water bodies. Cold water fish will gradually disappear from water bodies to be replaced by fish which are suited to warmer waters. The baseline assessment needs to be adjusted accordingly.Comment Tags: Water Framework Directive
Although the One-Out, All-Out principle introduces the theoretical risk of pessimism bias in Water Framework Directive classification, in reality there are a host of factors which are likely to lead the 2009 results as being overly-optimistic, particularly for biology. Even if pessimism were to creep into results there are specific safeguards built into the Water Framework Directive to prevent unnecessary investment many of which were abused in the first round of River Basin Management Plans.
The key factors to consider are;
1 – The implicit assumption that the status of any unmonitored quality element is at least as good as those which are being monitored. Something that extrapolation of data from the surveillance sites shows to be an unsafe assumption for many waterbodies.
2 – A biological monitoring programme that does not reflect the scale of eutrophication risks identified.
3 – An approach to setting chemical standards which means that, where results are not corroborated by biological monitoring, there is a significant risk of a chemical “pass” while the true status of biology is a “fail”.
4 – The failure to include some significant pressures on the aquatic environment in the monitoring programme, most notably silt.
These concerns about optimism bias are corroborated by field observations and data analysis.
The theoretical risk of unnecessary and expensive investment / regulation due to pessimistic classification is wholly mitigated by the weight of evidence approach adopted by the Environment Agency. This requires classification to be corroborated across quality elements and/or additional investigations before any targeted action or expenditure is undertaken and sets an evidence threshold so high that its legality has been questioned.
As a result no expensive measures have been adopted purely as a consequence of raw monitoring data. The one-out-all-out mechanisms simply highlights an area that requires attention it does not trigger measures, these are determined on a case by case basis.
The disproportionate cost / technical feasibility tests in the WFD provide the final safeguard against wasted investment which comes after the failures themselves are identified, derogations which were arguably abused in the first round of River Basin Management Plans.
As biological monitoring is rolled out over more water bodies, we will see a significant number of “paper” deteriorations – making the reporting of real ecological change much more difficult going forward.Comment Tags: WFD One Our All Out
Water Industry (Charges) (Vulnerable Groups) (Amendment) Regulations 1999 + 2000 + 2003 + 2005
1. Consolidate the Vulnerable Groups Schemes’ Regulations so that there is a single document containing all clauses.Comment Tags: Vuilnerable Groups