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Jurisdiction: England & Wales
Commencement: 23rd February 2024
Amends: Water Industry Act 1991
The Water Industry Act 1991 sets out the main duties and powers of water and sewerage companies. It also establishes that there will be a Water Services Regulation Authority (currently Ofwat) which will carry out functions as described within this Act.
It also requires that premises supplied by a licensed water undertaker must not cause any water fitting to be or remain out of order or in need or repair and establishes the requirement to have consent to discharge trade effluent to public sewers.
Note that the Water Act 1991 was significantly amended by subsequent water legislations including the Water Industry Act 1999, Water Act 2003 and Water Act 2014.
Appointment of water supply and sewerage undertakers
The Act allows for the Secretary of State to appoint a company as a water or sewerage undertaker for an area of England and Wales. Such appointments must be made in writing and describe the area for which they are appointed. Only limited companies or statutory water companies can be appointed as a water undertaker, and only limited companies can be appointed as sewerage undertakers.
The Secretary of State must ensure that appointments are made so that every area of England and Wales has an appointed water undertaker and sewage undertaker at all times. Details of rules and procedures for the termination or varying of these appointments is given in the Act.
Water supply licences
The Secretary of State may also grant a water supply licence. A water supply licence must be held by a company that wishes to supply water to non-household premises. This allows the holder to purchase wholesale water from a water undertaker in order to supply the customers’ premises, and can also allow the licensee to introduce water into the current supply system in order to supply its customers’.
Various duties apply.
Changes are made to Schedule 2 of the Act to enable the transfer of assets by hive-down*, when a failing water industry company is in special administration.
*A transfer by hive-down enables the special administrator to transfer the whole or part of a regulated business to a wholly owned subsidiary before the securities in that subsidiary are transferred to new owners.
This amendment has no direct relevance to environmental matters.
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Jurisdiction: England & Wales
Commencement: 12th January 2024
Amends: Flood and Water Management Act 2010
Various duties apply.
Section 34 and Schedule 5 are brought into force. They introduce provisions for companies that have entered into special administration as a result of being unable to pay their debts.
This amendment has no direct relevance to environmental matters.
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Jurisdiction: Wales
Commencement: 31st October 2023
Amends: The Water Resources (Control of Agricultural Pollution) (Wales) Regulations 2021
They apply to all farm businesses in Wales. Anyone who is the owner or occupier (e.g. tenants, graziers) of an agricultural land holding (regardless of its size) is responsible for complying with these Regulations.
Provisions are included around the following:
Natural Resources Wales (NRW) is responsible for enforcing these Regulations.
Revocations
Previously, water quality was protected by preventing nitrates from agricultural sources polluting ground and surface waters via Nitrate Vulnerable Zones (NVZs)* that were in place and these Regulations revoke and replace The Nitrate Pollution Prevention (Wales) Regulations 2013, which means the existing NVZ designations are no longer applicable.
These Regulations also revoke and replace The Water Resources (Control of Pollution) (Silage and Slurry)(Wales) Regulations 2010 as these Regulations now set the requirements for silage making, storage of silage effluent and for slurry storage systems. The Regulations are revoked in how they apply to farms situated in a NVZ from 1st April 2021 and fully for all other farms from 1st April 2024.
*Nitrate Vulnerable Zones (NVZs) are areas within Wales that contain surface water or groundwater that is susceptible to nitrate pollution from agricultural activities. A map of these areas can be found here. Note that these Regulations have now replaced NVZs.
Transition period
Requirements are being phased in for farms not previously located in a NVZ over three years, with certain requirements applying from 1st January 2023, 31st October 2023 and 1st April 2024:
All other parts of the Regulations applied from 1st April 2021. More information can be found in the duties section below. For farms that were previously located in a NVZ, they needed to be compliant with the Regulations on 1st April 2021 (the date they come into force).
Various duties apply.
Delays to the transition period
The introduction of regulations 4 and 36, which were due to come into force on 31st October 2023, have been delayed. They will now come into force on 1st January 2024. These regulations cover nitrogen limits for livestock manure and the records relating to nitrogen produced by animals.
Changes to the application of livestock manure
The annual 170kg limit on manure use for holdings not previously located within a Nitrate Vulnerable Zone* (NVZ) now starts on 1st January of each year, bringing it in line with holdings previously situated within an NVZ (regulation 4).
*Nitrate Vulnerable Zones (NVZs) are areas within Wales that contain surface water or groundwater that is susceptible to nitrate pollution from agricultural activities. A map of these areas can be found here.
Changes to calculations and records
The date on which occupiers of holdings not previously situated within an NVZ must start making a record of nitrogen produced by animals on their holding has been pushed back to 30th April 2025 and then 30th April for each subsequent year.
The time frame for which records of nitrogen produced by animals on a holding must be recorded has been changed. These time periods now begin on 1st January of each year.
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Jurisdiction: Wales
Commencement: 29th April 2023
Amends: The Water Resources (Control of Agricultural Pollution) (Wales) Regulations 2021 SI 2021/77 (W.20)
The Water Resources (Control of Agricultural Pollution) (Wales) Regulations 2021 SI 2021/77 (W.20) implement measures to address agricultural pollution in Wales by setting rules for certain farming practices.
They apply to all farm businesses in Wales. Anyone who is the owner or occupier (e.g. tenants, graziers) of an agricultural land holding (regardless of its size) is responsible for complying with these Regulations.
Provisions are included around the following:
Natural Resources Wales (NRW) is responsible for enforcing these Regulations.
Revocations
Previously, water quality was protected by preventing nitrates from agricultural sources polluting ground and surface waters via Nitrate Vulnerable Zones (NVZs)* that were in place and these Regulations revoke and replace The Nitrate Pollution Prevention (Wales) Regulations 2013, which means the existing NVZ designations are no longer applicable.
These Regulations also revoke and replace The Water Resources (Control of Pollution) (Silage and Slurry)(Wales) Regulations 2010as these Regulations now set the requirements for silage making, storage of silage effluent and for slurry storage systems. The Regulations are revoked in how they apply to farms situated in a NVZ from 1st April 2021 and fully for all other farms from 1st April 2024.
*Nitrate Vulnerable Zones (NVZs) are areas within Wales that contain surface water or groundwater that is susceptible to nitrate pollution from agricultural activities. A map of these areas can be found here. Note that these Regulations have now replaced NVZs.
Transition period
Requirements are being phased in for farms not previously located in a NVZ over three years, with certain requirements applying from 1st January 2023, 31st October 2023 and 1st April 2024:
All other parts of the Regulations applied from 1st April 2021. More information can be found in the duties section below. For farms that were previously located in a NVZ, they needed to be compliant with the Regulations on 1st April 2021 (the date they come into force).
The dates in The Water Resources (Control of Agricultural Pollution) (Wales) (Amendment) Regulations 2022 have changed. The implementation date for regulation 4 (Application of livestock manure – total nitrogen limit for the whole holding) and regulation 36 (Record of nitrogen produced by animals on the holding) is now 31st October 2023.
Requirements are added for occupiers of a holding or part of a holding that was not previously located within a Nitrate Vulnerable Zone. These requirements are set out below.
*12-month period means the period 31st October to 30th October.
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Jurisdiction: Republic of Ireland
Commencement: 4th October 2022
Amends: Water Services Acts 2007 to 2017
Various duties apply.
Ownership of the properties listed in the Schedule to this Regulation is transferred to Irish Water from 31st October 2022.
There are no changes to duties for organisations.
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Jurisdiction: Republic of Ireland
Commencement: 17th June 2022
Amends: European Communities Environmental Objectives (Surface Waters) Regulations 2009
The European Communities Environmental Objectives (Surface Waters) Regulations 2009 give effect to Directive 2008/105/EC on environmental quality standards regarding water policy, Directive 2000/60/EC which provides for a framework for action on water policy in the European Community and Directive 2006/11/EC on pollution caused by dangerous substances discharged into the aquatic environment.
The Regulations are applicable to all surface waters and provide for the following:
The Regulations revoke the Local Government (Water Pollution Act 1977) (Water Quality Standards for Phosphorus) Regulations 1998 (SI 258/1998) RWAT4 and the Water Quality (Dangerous Substances) Regulations 2001 (SI 12/2001) RWAT6.
Amendment
The definition of ecological status is amended to mean the quality and functioning of aquatic (surface water) ecosystems.
A series of definitions are added.
References to Table 4A in Schedule 4 are replaced with references to section 1.2 of Annex V of the Water Framework Directive.
Minor technical changes are made to Article 32.
Monitoring the ecological and chemical status of water bodies
Part IVA sets out the procedure for setting chemical, water quality, sediment and biota* standards for:
*Biota means the animal and plant diversity of a particular region.
These standards must:
Surface water monitoring network
The Environmental Protection Agency (EPA) must establish and maintain a surface water monitoring network* for the following taxa**.
*A surface water monitoring network consists of a surveillance monitoring programme, an operational monitoring programme and a programme of investigative monitoring.
**Taxa refers to a group of organisms or species that are genetically similar.
This monitoring network must:
Presenting monitoring results
Estimates for the level of confidence and precision of the results obtained must be set out in the river basin management plan.
Results must be formatted in accordance with Tables 1 and 2 in Schedule 3.
The EPA must indicate whether failure to achieve good ecological status is the result of noncompliance with environmental quality standards.
There are no duties for organisations.
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Jurisdiction: Republic of Ireland
Commencement: 1st February 2022
Amends: Water Services Act 2007
The Water Services Act 2007 relates to anyone who is:
The Act incorporates a comprehensive review, update and consolidation of all existing water services legislation, and facilitates the establishment of a comprehensive supervisory regime to ensure compliance with specified performance standards.
The Act includes provision to:
Section 23 (Customer dispute resolution: connection to, and use of, public water system) of the Water Services Act 2017 came into effect on 1st February 2022.
Section 23 requires Irish Water to not discriminate unfairly against a person, regardless of class or any other similar criteria.
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Jurisdiction: Northern Ireland
Commencement: 30th July 2021
Amends:
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Jurisdiction: EU
Commencement: 26 June 2023
These Regulations provide requirements to the operators of facilities that treat urban waste water. The requirements include water quality monitoring and risk management for the safe use of reclaimed water*. This is to ensure that reclaimed water is safe for use in agricultural irrigation, providing high levels of protection for environmental, human and animal health, whilst also promoting a circular economy, adapting to climate change, and contributing to the objectives of Directive 2000/60/EC establishing a framework for the Community action in the field of water policy (“Water Framework Directive”). The contributions to the objectives of the Water Framework Directive include addressing water scarcity and pressure on water resources in a coordinated way throughout the EU. These Regulations apply whenever treated urban waste water is reused.
*Reclaimed water is urban waste water that has been treated in compliance with Directive 91/271/EEC concerning urban waste-water treatment (“Urban Waste water Treatment Directive”) and further treated in a reclamation facility** as outlined in section 2 of Annex 1 of these Regulations.
**A reclamation facility is a facility that treats urban waste water so that it is fit for use in:
While these Regulations are primarily aimed at increasing the use of reclaimed water in agricultural irrigation, they do not prevent Member States from using reclaimed water for other purposes. This is to promote and encourage water reuse as much as possible, providing it follows the same high levels of protection.
Before a reclamation facility operator* allows water intended for agricultural irrigation to be passed on, they must ensure that it complies with the following:
*A reclamation facility operator is a person, representing a private entity or public authority, that operates or controls a reclamation facility.
The reclamation facility operator must monitor water quality in accordance with the minimum requirements for monitoring (laid out in Section 2 (b) of Annex I), as well as any other conditions set out in the relevant reclaimed water permit.
After the water has been passed on from the reclamation facility, the quality of the water is no longer the responsibility of the reclamation facility operator.
The competent authority (an authority or body designated by a Member State to carry out their obligations under these Regulations) will establish a water reuse risk management plan for the purposes of producing, supplying and using reclaimed water.
This plan must be prepared by the reclamation facility operator, any other responsible parties, and end users. The plan must be based on the key elements of risk set out in Annex II and identify the risk management responsibilities of the reclamation facility operator and other responsible parties.
Water reuse risk management plans must do the following:
The production and supply of reclaimed water intended for agricultural irrigation is subject to the holding of a permit. Applications for permits or for modification of existing permits must be submitted to the competent authority of the Member State in which the reclamation facility operates or plans to operate.
The permit sets out the obligations of the reclamation facility operator and of other responsible parties. It is based on the water reuse management plan and specifies the following:
Checks on compliance of reclaimed water permits
Holders of reclaimed water permits shall have their compliance verified by the competent authority by compliance checks. Compliance checks are carried out in the following ways:
If the competent authority finds that the reclaimed water permit is not being complied with, the competent authority will require all necessary measures to be taken to restore compliance as soon as possible.
In the case of non-compliance posing significant risks to human health, animal health or the environment, the reclamation facility operator will be forced to suspend the supply of all reclaimed water from the facilities in question until the competent authority has deemed that compliance has been fully restored.
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Jurisdiction: UK
Commencement: 26 May 2020
Amends: The Merchant Shipping (Prevention of Pollution from Noxious Liquid Substances in Bulk) Regulations 2018
The Merchant Shipping (Prevention of Pollution from Noxious Liquid Substances in Bulk) Regulations 2018 implement the revised version of Annex II (Regulations for the Control of Pollution by Noxious Liquid Substances in Bulk) of MARPOL 73/78. The purpose of MARPOL is to protect the marine environment by controlling operational pollution and reducing accidental pollution resulting from groundings and collisions from ships carrying Noxious Liquid Substances (NLS) in bulk.
Amendments are made to correct an error in the Merchant Shipping (Prevention of Pollution from Noxious Liquid Substances in Bulk) Regulations 2018 (the ‘2018 Regulations’). The prohibition on the discharge of noxious liquid substances* causing pollution, now applies to UK territorial waters and controlled waters**.
Previously, the 2018 Regulations only applied to the UK’s territorial waters. This reduced the UK’s powers to enforce requirements and/or prohibitions in respect of illegal discharge of noxious liquid substances from any ship operating in and around the UK’s controlled waters. Ballast water***, tank washings or other mixture containing a noxious liquid substance are also prohibited from being illegally discharged in and around the UK’s controlled waters.
*Noxious liquid substances are substances that are hazardous to marine and human health. These are categorised in accordance with Regulation 6 of Annex II to the MARPOL Regulations. Noxious liquid substances are divided into 4 categories:
** Controlled waters are waters within the jurisdiction of the UK, and includes:
*** Ballast water is water held in tanks and cargo to help increase stability. Sometimes ballast water can contain sediments.
n.b Although these Regulations are enforced from 1st June 2020, on 1st January 2021, new discharge requirements will come into force. This will reduce the quantity of noxious liquid substances that can be legally discharged.
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