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Environmental Law

Environmental Law. Water Pollution and Water Quality I EU Law; Overview; Water Industry Act 1991; Water Supply (Water Quality) Regulations 2000; Water Resources Act 1991. Water Pollution/Quality. Water as a Resource Problems Water Pollution Over Abstraction Water Efficiency

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Environmental Law

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  1. Environmental Law Water Pollution and Water Quality I EU Law; Overview; Water Industry Act 1991; Water Supply (Water Quality) Regulations 2000; Water Resources Act 1991

  2. Water Pollution/Quality • Water as a Resource • Problems • Water Pollution • Over Abstraction • Water Efficiency • Resource Management • Whose responsibility?

  3. Water Pollution/Quality European Union Water Protection Law Old Directives: Obligation of result Edinburgh European Council 1992: Deregulation EU Water Policy COM (96) 59: Objectives: • secure supply of drinking water; • sufficient quality and quantity of water resources • protect and sustain good ecological state and functioning of aquatic environment + meet needs of wetland and terrestrial eco systems and habitats • Water management to prevent/reduce flood impacts and droughts

  4. EU Water Protection Laws • Two approaches: • Environmental quality objectives approach; • Emission limit values approach • Abandonment of precise provisions • Directive 2000/60 establishing a framework for Community action in the field of water policy • Surface waters; groundwaters; coastal waters protection aims

  5. EU Water Protection Laws • River Basin organisation/coordination • Article 4 fixes environmental objectives for surface waters, groundwater and protected areas; • Objective to reach ‘good’ ecological and ‘good’ water chemical status • MS’s ‘not in breach of this Directive’ when certain new sustainable human development activities or new modifications of water body occur (4(7)). • Objectives to be achieved ‘at the latest’ by 2015, (may be prolonged until 2027 by MSs).

  6. EU Water Protection Laws • Repealed: • End 2007 Existing EU Surface waters Directive; • End 2013 Existing EU shellfish, freshwater fish, and groundwater Directives. • Problems with MS transposition • Full cost recovery pricing for water is required (2010)

  7. EU Water Protection Laws • Directive 98/83 on the Quality of Water intended for Human Consumption • Directive 2006/7 concerning the Quality of Bathing Water • Directive 2006/118 Quality Standards for Groundwater • Directive 91/676 Nitrates in Water • Directive 91/271 Urban Waste Water Treatment

  8. Water Pollution/Quality • How water pollution is defined and controlled • Role of Environment Agency • Water pollutants and water standards understanding • Criminal offences for water pollution

  9. Water Pollution/Quality • Drinking Water Quality • Water Industries Act 1991 imposes a requirement in s67 that domestic water must be ‘wholesome’ • Defined in Water Supply (Water Quality) Regulations 2000 – which implement revised EU 1998 Drinking Water Quality Directive • Regulations require water quality information to be available to public • Enforcement through enforcement orders issued by Secretary of State – require undertakings to be entered into for shortest possible time + no reasble alternatives

  10. Water Pollution/Quality • Offence under s70 Water Industry Act 1991 to supply water that is ‘unfit for human consumption’ • Prosecution may only be brought by Secretary of State/DPP (Delegated to Drinking Water Inspectorate under Water Act 2003 in practice) • R v Yorkshire Water Services Ltd (2001) • Offence = discolouration; no bacteriological contamination. Water ‘unfit’ if it would be likely to cause injury or if, due to its smell or appearance a ‘reasonable customer of firm character’ would refuse to drink it/reject its use in food preparation

  11. Water Pollution/Quality • Water quality control system operated in accordance with discharge consent / now environmental permit = licence to pollute • The Environment Agency exercises control, over discharges into ‘controlled waters’ as defined in s 104 WRA 1991

  12. Water Pollution/Quality • R v Dovermoss(1995) CA ‘controlled waters’ ‘waters of any watercourse’ • S104 WRA 1991 controlled waters: relevant territorial waters, coastal waters, inland waters, groundwaters • Includes a man-made ditch, if it drains into controlled waters Environment Agency v Brock (1998)

  13. Water Pollution/Quality • Factors of relevance in determining whether to issue discharge consent and attached conditions • Water Classifications • Water quality objectives • S 82 and s83 WRA 1991 policy goals for EA • S84 WRA 1991 EA under legal duty to exercise functions including environmental permit grants to achieve and maintain water quality objectives.

  14. Water Pollution/Water Quality • Applications for Environmental Permits to discharge into controlled waters must be made in accordance with the Environmental Permitting (England and Wales) Regulations 2010 • The 2010 Regulations have now repealed and replaced sections 85-91 (offences and defences)of the Water Resources Act 1991 and Schedule 10 (conditions)

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