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Implications
of the Water Act 2003
Background
The Environment Agency of England & Wales issues abstraction
licences to individuals and organisations, which authorise
the abstraction of a given volume of water, with conditions
aimed at protecting the environment and other abstractors’
needs. This legislative framework dates back to the 1960s.
Drought during the mid-nineties resulted in the 1997 Water
Summit, producing a 10-point plan on improving water management.
The review led to the publication in 1999 of ‘Taking
Water Responsibly’. This signalled important changes
including:
The Water Act is the final element of the Government’s
strategy to modernise the regulatory framework in England &
Wales. The Act heralds a new era in the management and regulation
of water resources. It aims to provide a modern, efficient and
robust legislative framework to facilitate both sustainable
water resources management and economic growth through the new
provisions it contains.
The Environment Agency is the leading public agency for protection
and improvement of the air, land and water environment in England
and Wales. Within this broad remit they are responsible for
strategic water resources planning and the management of water
resources through the abstraction licensing system. The Agency
will be responsible for implementing many of the provisions
of the Act.
Key Features of the Water Act affecting Groundwater
- All small abstractions, generally under 20 cubic metres
per day (m³/d), will not need a licence.
- Dewatering of mines, quarries and engineering works,
use of water for trickle irrigation and abstractions in
areas currently exempt will need a licence. The transfer
of water for navigation will also need a licence.
- Three licence categories - full, transfer and temporary
- replace the single licence used at present.
- The licence application process will be simplified, with
the Environment Agency taking on much of the responsibility
- All abstractors now have responsibility not to let their
abstraction cause damage to others. Damaging licences can
be amended or revoked without compensation after 2012. Unused
licences may be revoked without compensation.
- Water companies and the public sector have a new duty
to promote water conservation. The Government will monitor
performance.
- Water Companies will be required by law to develop, consult
upon and publish water resource management and drought plans.
- The Act opens up the market for supplying water to industrial/commercial
customers with water supplies of greater than 50 Ml/a.
- The Act places the pollution control function of The
Coal Authority on a statutory basis and provides them
with a number of statutory powers in pursuing these functions
The Act introduces many varied and complex provisions. As
with most modern statutes, these provisions do not all come
into effect immediately. Commencement Orders are required,
which will be promoted by the Department
for Environment Food and Rural Affairs (DEFRA) at an appropriate
time to ensure an orderly introduction of the new measures.
Different commencement dates can apply to different provisions.
For more detailed information or interpretation, please refer
to the Environment Agency’s booklet ‘The
Water Act 2003 – Modernising the Regulation of Water
Resources’.
Links
Water
Act 2003
DEFRA
Water Act page
Environment
Agency’s Water Resources pages
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