B4.6.1 England & Wales Legislation continued…


Water Resources (EIA) Regulations 2003

These regulations implemented the EC Directive (85/337/EEC) “The assessment of the effects of certain public and private projects on the environment” (as amended by Directive (97/11/EC)).

An Environmental Impact Assessment (EIA) must be conducted for water management projects for agriculture involving the abstraction or impoundment (storage) of water, which could have significant environmental effects.

The regulations also apply to abstractions and impoundments that do not currently require an Environment Agency abstraction licence (i.e. for trickle irrigation), where significant environmental effects are likely. In these cases, a consent from the Environment Agency is required, stating that account has been taken of any significant environmental effects, before the project can proceed. For projects that require planning permission the need for EIA is established by the relevant planning authority.

Anti-Pollution Works Regulations 1999 [SI No. 1006] 

These regulations were made under the Water Resources Act 1991 and they enable the Environment Agency to serve works notices on polluters or prospective polluters. The regulations provide the Environment 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 Environment 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.

Control of Pollution (Applications, Appeals and Registers) Regulations 1996 [SI No. 2971] 

These regulations establish procedures for applying for or varying consents for discharge into controlled waters and appeals to the Secretary of State. They also detail the information the Environment Agency must keep in water pollution control registers.


Groundwater (England and Wales) Regulations 2009

These regulations have been revoked by the Environmental Permitting Regulations (England and Wales) 2010 SI675.