The Contaminated Land (England) Regulations 2006

Pollution of controlled waters

3.— [F1 (1)]  The circumstances to which regulation 2(1)(a) refers are where—

(a) controlled waters which are, or are intended to be, used for the supply of drinking water for human consumption are being affected by the land and, as a result, require a treatment process or a change in such a process to be applied to those waters before use, so as to be regarded as wholesome within the meaning of Part 3 of the Water Industry Act 1991 M1 (water supply);

[F2 (b) controlled waters are being affected by the land and, as a result—

(i) those waters do not meet or are not likely to meet the criterion for classification applying to the relevant description of waters specified in regulations made under section 82 of the Water Resources Act 1991 (classification of quality of waters); or

[F3 (ii) for controlled waters that are designated as shellfish water protected areas or bathing waters, those waters do not meet the environmental objectives that apply to them;] or]

(c) controlled waters are being affected by the land and—

(i) any of the substances by reason of which the pollution of the waters is being or is likely to be caused falls within any of the families or groups of substances listed in paragraph 1 of Schedule 1 to these Regulations; and

(ii) the waters, or any part of the waters, are contained [F4 in underground strata within the saturation zone] which comprise wholly or partly any of the formations of rocks listed in paragraph 2 of Schedule 1 to these Regulations.

[F5 (2) In this regulation—

“the Northumbria WFD Regulations” means the Water Environment (Water Framework Directive) (Northumbria River Basin District) Regulations 2003 ;

“the Solway Tweed WFD Regulations” means the Water Environment (Water Framework Directive) (Solway Tweed River Basin District) Regulations 2004 ;

“the WFD Regulations” means the Water Environment (Water Framework Directive) (England and Wales) Regulations 2017 ;

“a bathing water” has the same meaning as in the Bathing Water Regulations 2013 ;

“environmental objectives”—

(a)

in relation to the Solway Tweed River Basin District, means the objectives as defined in regulation 2 of the Solway Tweed WFD Regulations;

(b)

in relation to the Northumbria River Basin District, means the objectives referred to in the WFD Regulations as applied and modified by regulation 5 of the Northumbria WFD Regulations;

(c)

in relation to any other river basin district within the meaning of the WFD Regulations, has the same meaning as in those Regulations;

“shellfish water protected area”—

(a)

in relation to the Solway Tweed River Basin District, has the meaning given by regulation 2(1) of the Solway Tweed WFD Regulations;

(b)

in relation to the Northumbria River Basin District, means a body of water designated under regulation 9 of the WFD Regulations, as applied by regulation 5 of the Northumbria WFD Regulations;

(c)

in relation to any other river basin district within the meaning of the WFD Regulations, means a body of water designated under regulation 9 of those Regulations.]

Textual Amendments

F1 Reg. 3 renumbered as reg. 3(1) (31.12.2020) by The Environment (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/458), regs. 1(1), 5(2); 2020 c. 1, Sch. 5 para. 1(1)

F2 Reg. 3(b) substituted (6.4.2012) by The Contaminated Land (England) (Amendment) Regulations 2012 (S.I. 2012/263), regs. 1, 2(2)(a)

F3 Reg. 3(1)(b)(ii) substituted (31.12.2020) by The Environment (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/458), regs. 1(1), 5(3); 2020 c. 1, Sch. 5 para. 1(1)

F4 Words in reg. 3(c)(ii) substituted (6.4.2012) by The Contaminated Land (England) (Amendment) Regulations 2012 (S.I. 2012/263), regs. 1, 2(2)(b)

F5 Reg. 3(2) inserted (31.12.2020) by The Environment (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/458), regs. 1(1), 5(4); 2020 c. 1, Sch. 5 para. 1(1)

Marginal Citations

M1 1991 c. 56.