Water Resources Act 1991 (as amended)
Discharge Consent and Associated Appeals - Appeal Procedure Guide
Appendix 2
PUBLISHED OFFICIAL GUIDE FOR REFERENCE
Advice can be found on many of the issues which might become the subject of an appeal in the following publications:-
Main Legislation
Environment Act 1995
This Act established the Environment Agency and also made provisions including those for control of pollution, conservation of natural resources and conservation or enhancement of the environment. The more relevant parts of this Act are Section 114, Schedule 20, Schedule 22 (paragraphs 142-145, 161-171 and 182-186) and Schedule 23 (paragraph 21) which amend the WRA 1991 in connection with discharge consent applications, appeals and public registers.
Water Resources Act 1991
This Act provides a consolidation of previous water legislation both in respect of quality and quantity.
Water Industry Act 1991
This Act consolidates enactments relating to the supply of water and to the provision of sewerage services.
Environmental Protection Act 1990
This Act established statutory provisions for a range of environmental protection purposes including integrated pollution control for most dangerous processes, waste regulations and statutory nuisance.
Secondary Legislation
The Control of Pollution (Applications, Appeals and Registers) Regulations
1996: SI No 2971.
EC Directives
The Bathing Water Directive (76/160/EEC)
This sets standards aimed at protecting health of bathers and maintaining the aesthetic quality of bathing water.
The Urban Waste Water Treatment Directive (91/271/EEC)
This sets requirements for the provision of collecting systems and sewage treatment according to the size of the discharge and the nature of the receiving water.
The Dangerous Substances Directive (76/464/EEC)
Together with the Water Resources Act 1991 (as amended), it aims to control the input of certain dangerous substances into the waters of the Community.
The Groundwater Directive (80/68/EEC)
This Directive is related to the Dangerous Substances Directive, and applies similar rules to groundwater protection.
The Freshwater Fish Directive (78/659/EEC)
The Shellfish Water Directive (79/923/EEC)
Both of these Directives are aimed at protecting the health of freshwater fish and shellfish populations by designating waters in need of protection and setting quality standards for those waters. There is also a Directive (91/492/EEC) which aims to protect the health of consumers by enforcing bacterial quality standards. Implementation and regulation of this Directive is the responsibility of DEFRA.
The Nitrates from Agricultural Sources Directive (91/676/EEC)
This Directive requires Member States to identify and protect waters defined as polluted by nitrates, according to the criteria described by the Directive.
The Habitats Directive
This Directive was introduced to protect or restore habitats for wild flora and fauna. Discharge consents are being reviewed and amended unless they can be shown to have no adverse effect on the habitats the Directive is designed to protect.
Other Relevant Guidance
Guidance on specific issues which arise from time to time in appeals may also be found in documents such as:-
Former NRA Guidance (including the Consents Manual)
Guidelines for AMP (3) Periodic Review.
