1 / 14

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

tmcgeorge
Download Presentation

Environmental Law

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  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)

More Related