Last updated: (February 2005)
Introduction
The Water Resources Act 1991 (WRA) came into effect in 1991 and replaced the corresponding sections of the Water Act 1989.
Background
The WRA sets out the responsibilities of the Environment Agency in relation to water pollution, resource management, flood defence, fisheries, and in some areas, navigation. The WRA regulates discharges to controlled waters, namely rivers, estuaries, coastal waters, lakes and groundwaters. This is distinct from the drainage of water or trade effluent from trade premises into a sewer. Discharge to controlled waters is only permitted with the consent of the Environment Agency. An aim of the Act is to ensure that the polluter pays the cost of the consequences of their discharges.
Key Issues For Industry
Disposal of Effluents into Controlled Waters
Section 85 of the WRA states that 'no person shall cause or knowingly permit any poisonous, noxious or toxic material or solid waste to enter a controlled water'. 'Causing' means not only deliberately releasing any polluting matter but also causing the pollution accidentally, by being the operator of a plant or process.
Companies may also be liable for prosecution under Section 85, if they fail to take adequate precautions to prevent unauthorised personnel discharging pollutants from the premises into controlled waters. In addition to unauthorised discharges direct into controlled waters, companies are held liable for an unauthorised discharge to controlled waters occurring via surface water drains, or by discharge onto the land.
Failure to comply with the WRA is an offence subject to a fine not exceeding ?20,000 and/or imprisonment not exceeding three months in a Magistrates Court. An unlimited fine or prison sentence of up to two years may be imposed if the case is tried in a Crown Court.
An offence is not committed where a discharge is made in accordance with a discharge consent. The procedures for obtaining a consent from the Environment Agency are contained in Schedule 10 of the Water Resources Act 1991 and the Control of Pollution (Applications, Appeals, and Registers) Regulations 1996 - SI 1996/2971. Consents to discharge effluent are subject to conditions such as biological oxygen demand, pH, temperature, concentration of suspended solids and toxicity.
Advice should be sought from the Environment Agency for any discharges into controlled waters, including discharges to controlled waters occurring via surface water drains, or by discharge onto the land.
Abstraction from controlled waters
The abstraction of water from watercourses or groundwater is regulated under the WRA by the Environment Agency. For a company to abstract from controlled waters, a licence has to be obtained from the Environment Agency. The procurement of a water licence indemnifies the company which is abstracting the water against any effect the authorised abstraction may have on other existing rights to abstract water. Advice should be sought from the Environment Agency on the need to acquire an abstraction licence for taking water from controlled waters.
The Anti-Pollution Works Regulations 1999
The Anti-Pollution Works Regulations were enacted into Section 161A of the WRA, to enable the Environment Agency to serve works notices on polluters or prospective polluters. The purpose of the regulations is to provide the Agency with additional powers to prevent water pollution. Notices may be served on anyone who has 'caused or knowingly permitted' or potentially may 'allow' polluting matter to enter controlled waters.
The Agency is entitled to recover the costs of any investigations needed, to determine the source of the pollution from the person(s) on whom the notice was served. The Agency conducts a risk assessment to determine whether a Works Notice should be served. The storage and handling of chemicals should be undertaken in a manner in which the risk of spillages and leakages are reduced as far as practicable.