Modifications etc. (not altering text)
C1Part III: definition of "consumer" applied (01.12.1991) by Water Resources Act 1991 (c. 57, SIF 130), ss. 176(7), 225(2).
C2Part III: definition of "water fittings" applied (01.12.1991) by Statutory Water Companies Act 1991 (c. 58, SIF 130), ss. 15(1), 17(2).
C3Pt. 3 modified (E.) (24.3.2011) by The Hull and Goole Port Health Authority Order 2011 (S.I. 2011/939), arts. 1(1), 9, Sch. 2
C4Pt. 3 functions transferred and modified (14.6.2016) by The River Tees Port Health Authority Order 2016 (S.I. 2016/644), arts. 1(1), 9, Sch. 2
(1)Subject to subsections (2) and (3) below, a person shall be guilty of an offence under this section if—
(a)he causes or allows any underground water to run to waste from any well, borehole or other work; or
(b)he abstracts from any well, borehole or other work water in excess of his reasonable requirements.
(2)A person shall not be guilty of an offence by virtue of subsection (1)(a) above in respect of anything done for the purpose—
(a)of testing the extent or quality of the supply; or
(b)of cleaning, sterilising, examining or repairing the well, borehole or other work in question.
(3)Where underground water interferes or threatens to interfere with the carrying out or operation of any underground works (whether waterworks or not), it shall not be an offence under this section, if no other method of disposing of the water is reasonably practicable, to cause or allow the water to run to waste so far as may be necessary for enabling the works to be carried out or operated.
(4)A person who is guilty of an offence under this section shall be liable, on summary conviction, to a fine not exceeding level 3 on the standard scale.
(5)On the conviction of a person under this section, the court may—
(a)order that the well, borehole or other work to which the offence relates shall be effectively sealed; or
(b)make such other order as appears to the court to be necessary to prevent waste of water.
(6)If any person fails to comply with an order under subsection (5) above, then, without prejudice to any penalty for contempt of court, the court may, on the application of [F1the [F2appropriate agency]], authorise [F3the appropriate agency] to take such steps as may be necessary to execute the order; and any expenses incurred in taking any such steps shall be recoverable summarily as a civil debt from the person convicted.
(7)Any person designated for the purpose by [F4the [F2appropriate agency]] shall, on producing some duly authenticated document showing his authority, have a right at all reasonable times—
(a)to enter any premises for the purpose of ascertaining whether there is, or has been, any contravention of the provisions of this section on or in connection with the premises;
(b)to enter any premises for the purpose of executing any order of the court under this section which [F4the [F2appropriate agency]] has been authorised to execute in those premises.
(8)Part I of Schedule 6 to this Act shall apply to the rights of entry conferred by subsection (7) above.
[F5(9)In this section “the appropriate agency” means—
(a)the Environment Agency, in relation to a well, borehole or other work in England;
(b)the NRBW, in relation to a well, borehole or other work in Wales.]
Textual Amendments
F1Words in s. 71(6) substituted (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 101(1)(a) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3
F2Words in s. 71 substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 236(2) (with Sch. 7)
F3Words in s. 71(6) substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 236(3) (with Sch. 7)
F4Words in s. 71(7) substituted (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 101(2) (with ss. 7(6), 115, 117): S.I. 1996/186, art. 3
F5S. 71(9) inserted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 236(4) (with Sch. 7)