The Water Resources (Abstraction and Impounding) Regulations 2006

PART 4 ENFORCEMENT, WORKS AND CONSERVATION NOTICES

Content of enforcement notices

25.  An enforcement notice under section 25A(1) (enforcement notices) must—

(a) state the name and address of the person on whom the notice is served;

(b) describe the breach or failure to comply to which the notice relates;

(c) describe the significant damage to the environment which is being, or is likely to be, caused by that breach or failure;

(d) identify the source of supply or inland waters that are subject, or likely to be subject, to that damage;

(e) specify the works or operations (if any) required to be carried out and give the Agency’s reasons for requiring those works or operations to be carried out;

(f) inform the person on whom the notice is served of—

(i) his right to appeal under section 161C(2) (appeals against works notices), as applied by section 25B(3) (rights of entry and appeals), including the time for appealing; and

(ii) the requirements imposed by regulation 3 of the Anti-Pollution Works Regulations 1999(4), as applied by regulation 28, in relation to the exercise of that right; and

(g) set out the provisions of section 25C(5) (consequences of not complying with an enforcement notice).

Enforcement notices: abstraction and impounding by the Agency

26.  Sections 25A, 25B and 25C (which relate to enforcement notices) do not apply in relation to any breach or failure to comply by the Agency, being a breach of the kind referred to in section 25A(1)(a) or (b).

Content of works notices

27.  A works notice under section 4 of the Water Act 2003 (existing impounding works: works notices) must—

(a) state the name and address of the person on whom the notice is served;

(b) specify the impounding works to which the notice relates;

(c) specify the works or operations required to be carried out and give the Agency’s reasons for requiring those works or operations to be carried out;

(d) state why it appears to the Agency to be necessary to serve the notice;

(e) inform the person on whom the notice is served of—

(i) his right to appeal under section 161C (appeals against works notices), as applied by section 4(3) of the Water Act 2003, and of the time for appealing; and

(ii) the requirements imposed by regulation 3 of the Anti-Pollution Works Regulations 1999, as applied by regulation 28, in relation to the exercise of that right; and

(f) set out the provisions of section 4(4) to (7) of the Water Act 2003 (which provide for consequences of not complying with a works notice).

Enforcement notices and works notices: appeals

28.  Regulations 3 to 7 (appeals, written representations, hearings, notification of determination, and compensation for grant of rights under section 161B) of the Anti-Pollution Works Regulations 1999 apply in relation to—

(a) an enforcement notice under section 25A, and

(b) a works notice under section 4 of the Water Act 2003,

as they apply to a works notice under section 161A(6) (notices requiring persons to carry out anti–pollution works and operations).

Notice of mining operations which may affect water conservation

29.  The notice required by subsection (1) of section 199(7) (notice etc. of mining operations which may affect water conservation) must be given in such form as the Agency determines.

Conservation notices: appeals

30.  Regulations 3 to 6 of the Anti-Pollution Works Regulations 1999 apply in relation to an appeal under section 199A(8) (appeals against conservation notices under section 199) as if—

(a) in regulation 3 (appeals)—

(i) paragraph (1) were omitted;

(ii) the references to the notice of appeal were a reference to a notice of appeal under section 199A(1);

(iii) in paragraph (2)(a), the words “and of all persons to be served with a copy of the notice of appeal” were omitted; and

(iv) in paragraph (4), the word “and” in sub–paragraph (a) and sub–paragraph (b) were omitted;

(b) in regulation 4(1) (written representations), the words “, and any party to the appeal other than the appellant,” were omitted;

(c) in regulations 4(4) and (5) and 5(1), (2) and (6) any reference to a party to the appeal were a reference to the appellant and the Agency; and

(d) in regulation 6(2) (notification of determination), the words “and to every other party to the appeal.” were omitted.

(1)

Section 25A was inserted by the WA, section 30.

(2)

Section 161C was inserted by the EA, section 120 and Schedule 22, paragraph 162.

(3)

Section 25B was inserted by the WA, section 30.

(4)

S.I. 1999/1006.

(5)

Section 25C was inserted by the WA, section 30.

(6)

Section 161A was inserted the EA, section 120 and Schedule 22, paragraph 162.

(7)

Section 199 was amended by the WA, section 8(5).

(8)

Section 199A was inserted by the WA, section 8(6).