Water Pollution

The Water Framework Directive
( see p 178 and insert into 4.21.11…at the end of the section)

DEFRA has recently concluded a third consultation exercise (see ) in regard to the Water Framework Directive 2000/60/EC. The consultation included a set of draft regulations designed to implement the requirements of the directive and invited feedback on whether the draft regulations were, in any way, defective. The key deadlines in regard to the implementation of the directive and the achievement of its objectives were that: (1) the Water Bill was to receive Royal Assent in 2003 (the Water Act 2003 has now been passed); (2) the government was to consult on draft regulations in England and Wales; (3) the regulations were to be laid before Parliament; (4) the directive was to be transposed by 22 December 2003; (5) the Environment Agency was to complete a register of ‘protected areas’ by December 2004; (6) the government was to consult on and bring into force by 2006 the water quality classification regulations; (7) the Environment Agency was to publish by December 2009 all river basin management plans; (8) by 22 December 2012, all ‘Programmes of Measures’(ie, programmes prepared by the Environment Agency setting out the environmental objectives to be attained in regard to each body of water in a river basin district) were to become operational; and (9) by 22 December 2015, (most) environmental objectives ought to have been achieved.

A key aspect of the new regulatory regime is the geographical control of the aquatic environment via river basin districts (and the creation of River Basin Management Plans by the Environment Agency). River basins are to be identified and allocated to a river basin district by the Environment Agency (which is also to identify protected areas in each river basin district and set up water quality/status monitoring programmes: see Annex V). Similarly, coastal waters and groundwaters are to be allocated to a river basin district. The regulations (Regulation 5) place a duty on the Environment Agency to carry out, by 22 December 2004, an analysis of the characteristics of each river basin and the human impacts upon each basin (see Annex II of the directive). Arrangements must also be made by the Environment Agency for public access to river basin maps compiled by the Environment Agency. The Environment Agency must regularly review (usually every six years) the condition of river basins. Annex III of the directive contains the mechanism by which OFWAT is to carry out an economic analysis of water use in each river district basin.

Schedule I to the draft regulations lists the primary and secondary legislation that is relevant to compliance with the requirements of the Water Framework Directive.

Marine pollution
(Insert right at the bottom of p180 in section 4.22)

The DTI has issued draft regulations (Draft Offshore Petroleum Activities (Oil Pollution Prevention and Control) Regulations 2003) and supplementary guidance relating to the prevention and/or regulation of offshore marine oil discharges (see ). The DTI recognises that current controls are not without their problems; for example, some hydrocarbon waste streams fall outside the definition of oil and, in line with the basic Command and Control regulatory approach used in the UK, the DTI proposes the introduction of a system of planned and licensed discharges.

(Insert at the end of 4.19.2 on page 171)

The Water Act 2003 is now in force and its provisions are being phased in (with most provisions anticipated to be in force by 2006). It is thought that the Environment Agency will exercise greater vigilance in regard to the compliance of water companies with the terms of their water abstraction licences, and penalties for abstraction offences are increased. In addition, the Water Services Regulation Authority (the successor of OFWAT) has the power to fine a water company (up to 10% of its annual turnover) for failing to comply with licence obligations and performance standards. As well as removing current licensing exemptions and time-limiting new abstraction licences on abstractors in areas prone to droughts/water shortages, the Act enables the Environment Agency to negotiate and conclude water management agreements with abstractors.