Explanatory Notes

Water Act 2003

2003 CHAPTER 37

20th November 2003

Commentary on Sections

Part 2: New Regulatory Arrangements, Etc

Sections 48 to 49 Enforcement of obligations
176. .Section 49: Enforcement of certain provisions.

This section amends the WIA. The enforcement authority currently has a duty to make an enforcement order in relation to a likely future contravention of a condition of appointment or statutory or other requirement, where a contravention has already taken place. Section 47 replaces this with a duty on the enforcement authority to act wherever there is likely to be a contravention of such a condition or requirement in future (whether or not a contravention has previously occurred).

177.This section accelerates the enforcement process by reducing the time for making representations in response to a notice of intention to issue an order from 28 days to 21 days. The new time limits do not apply to orders issued before the entry into force of the new provisions.