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Water Industry Act 1991

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Changes over time for: Section 72

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Changes to legislation:

Water Industry Act 1991, Section 72 is up to date with all changes known to be in force on or before 17 February 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

72 Contamination of water sources.E+W

(1)Subject to subsections (2) and (3) below, a person is guilty of an offence under this section if he is guilty of any act or neglect whereby the water in any waterworks which is used or likely to be used—

(a)for human consumption or domestic purposes; or

(b)for manufacturing food or drink for human consumption,

is polluted or likely to be polluted.

(2)Nothing in this section shall be construed as restricting or prohibiting any method of cultivation of land which is in accordance with the principles of good husbandry.

(3)Nothing in this section shall be construed as restricting or prohibiting the reasonable use of oil or tar on any highway maintainable at public expense so long as the highway authority take all reasonable steps for preventing—

(a)the oil or tar; and

(b)any liquid or matter resulting from the use of the oil or tar,

from polluting the water in any waterworks.

(4)A person who is guilty of an offence under this section shall be liable—

(a)on summary conviction, to a fine not exceeding the statutory maximum and, in the case of a continuing offence, to a further fine not exceeding £50 for every day during which the offence is continued after conviction;

(b)on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine or to both.

(5)In this section “waterworks” includes—

(a)any spring, well, adit, borehole, service reservoir or tank; and

(b)any main or other pipe or conduit of a water undertaker; and

(c)any pipe or conduit of a [F1water supply licensee].

Textual Amendments

F1Words in s. 72(5)(c) substituted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 69; S.I. 2016/465, art. 2(m), Sch. 1 para. 1(m) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)

Modifications etc. (not altering text)

C1S. 72 amended (27.8.1993) by 1993 c. 12, ss. 40, 51(2), Sch. 3 Pt. I para. 8 (with ss. 42, 46).

C2S. 72 modified by S.I. 2010/675, Sch. 23 Pt. 8 para. 3 Table 9 (as substituted (1.10.2011) by The Environmental Permitting (England and Wales) (Amendment) Regulations 2011 (S.I. 2011/2043), reg. 1(b), Sch. 1)

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