• Water pollution
• Abstraction and Impounding of Water

Water Pollution

OVERVIEW OF THE LAW

It is an offence to cause or knowingly permit any poisonous, noxious or polluting matter or any solid waste matter to enter any controlled water or be discharged from a drain or sewer in contravention of any prohibition. Likewise, the discharge of trade effluent or sewage effluent into controlled water, despite a three months prohibition notice from the Environment Agency, constitutes an offence. The works notice may be issued to any person who caused or knowingly permitted the matter in question to be present at the place from which it is likely to enter in any controlled waters. An appeal against such notice can be brought to the Secretary of State. Failure to comply with the requirements of the notice is an offence punishable with imprisonment of a maximum term of two years and / or a fine of an unlimited amount. However, certain exemptions from polluting water are available where the undertaker was bound to receive the discharge, or the discharge is from a vessel or abandoned mine. Some of the defences against this offence are the holding of a licence, authorisation or consent from the relevant authority, and any discharge in an emergency to save lives.

It is also an offence to cause or knowingly permit any liquid or solid matter to be released into any water or tributaries, which causes the water to become poisonous or injurious to fish, ref spawning grounds, spawn or the food of fish. Breach of this prohibition is punishable with an unlimited fine or two months imprisonment. ref

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• When will the Law become applicable to you?
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• What defences are available if the law is applicable?
• What happens if you don’t obey the Law?
• Practical Scenarios

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Abstraction and Impounding of Water

OVERVIEW OF THE LAW

The law on abstracting and impounding surface or groundwater states that you shall not or permit another person to take out water from any source of supply; and you shall not cause or permit another person to construct or alter any impounding works at any point in any inland waters which are not discrete waters. Generally, a licence is required from the Environment Agency for abstracting and impounding of water. However, certain exceptions are provided when legal prohibition does not apply. These include abstraction of water less than 20 cubic metres in a day; or for the purposes of land drainage; or for emergency abstraction to avoid harm to human life, building and environment; or for fire-fighting etc. Most provisions of law regulating the abstraction and impounding of water are enforced by the Environment Agency in the form of works and enforcement notices requiring compliance with certain regulations and the undertaking of certain works and operations. Where such notice seems inappropriate, an appeal against it can be made to the Secretary of State. Moreover, an Environmental Impact Assessment may also be required where a project involves abstraction of water exceeding 20 cubic metres in a day without a licence and it would be likely to have significant effects on the environment by virtue of its nature, size or location. Breach of the provisions of law and licence constitutes an offence punishable, without a trial, to a fine of £20,000 and after a trial with an unlimited amount of fine.

The links to further information below are restricted to Members and Associates. To purchase a time limited Associates account please click here.

• When will the Law become applicable to you?
• When will the Law not apply to you?
• What is the requirement of Law?
• What happens if you don’t obey the Law?