Water Industry Act 1991

[F1 96C Sensitive catchment areas E+W

(1) Where the Secretary of State considers that a habitats site that is wholly or partly in England is in an unfavourable condition by virtue of pollution from nutrients in water comprising nitrogen or compounds of nitrogen, the Secretary of State may designate the catchment area for the habitats site as a nitrogen sensitive catchment area.

(2) Where the Secretary of State considers that a habitats site that is wholly or partly in England is in an unfavourable condition by virtue of pollution from nutrients in water comprising phosphorus or compounds of phosphorus, the Secretary of State may designate the catchment area for the habitats site as a phosphorus sensitive catchment area.

(3) In determining—

(a) whether a habitats site is in an unfavourable condition by virtue of pollution from nutrients comprising nitrogen, phosphorus or compounds of nitrogen or phosphorus,

(b) the catchment area for a habitats site, or

(c) whether to exercise the power in subsection (4)(e),

the Secretary of State may take into account, in particular, advice from, or guidance published by, Natural England, the Environment Agency or the Joint Nature Conservation Committee.

(4) A designation under subsection (1) or (2)—

(a) must be in writing,

(b) must be published as soon as practicable after being made,

(c) takes effect—

(i) on the day specified in the designation, or

(ii) if none is specified, on the day on which it is made,

(the “designation date”),

(d) if it takes effect after the end of the initial period, must specify the upgrade date (see section 96E(1)(b)), and

(e) may specify the concentration that applies to a plant (which discharges into the catchment area) in relation to a nutrient pollution standard instead of the standard concentration.

(5) A date specified under subsection (4)(d) as the upgrade date must be at least 7 years after the designation date.

(6) Before specifying a concentration under subsection (4)(e), the Secretary of State must consult the Environment Agency.

(7) A concentration specified under subsection (4)(e) ceases to have effect if, after the day on which the designation is made, the plant becomes an exempt plant.

(8) A designation under this section may not be revoked; and it is immaterial for the purposes of the continued designation of an area whether subsection (1) or (2) continues to be satisfied in relation to it.

(9) In this section “catchment area”, in relation to a habitats site, means the area where water, if released, would drain into the site.]

Textual Amendments

F1 Ss. 96B-96N inserted (26.12.2023) by Levelling-up and Regeneration Act 2023 (c. 55), ss. 168(1), 255(6) (with s. 247)