Water Industry Act 1991

[F1 96L Sections 96B to 96K, 96M and 96N: interpretation E+W

(1) This section applies for the purposes of sections 96B to 96K, 96M and 96N.

(2) In those sections (and this section)—

• “associated catchment area”—

  (a)

  in relation to a plant that is a nitrogen significant plant or is exempt in relation to the nitrogen nutrient pollution standard, means the nitrogen sensitive catchment area into which it discharges;

  (b)

  in relation to a plant that is a phosphorus significant plant or is exempt in relation to the phosphorus nutrient pollution standard, means the phosphorus sensitive catchment area into which it discharges;

• “catchment permitting area” means a sensitive catchment area designated under section 96G(1) for the time being;

• “environmental permit” means a permit granted under Chapter 2 of Part 2 of the Environmental Permitting (England and Wales) Regulations 2016; and a reference to a condition imposed on such a permit is to be construed in accordance with those regulations;

• “environmental permitting regulations” means—

  (a)

  the Environmental Permitting (England and Wales) Regulations 2016 (S.I. 2016/1154) (as they have effect from time to time), or

  (b)

  any other provision made after the Levelling-up and Regeneration Act 2023 is passed that is, or could have been, made under section 2 of the Pollution Prevention and Control Act 1999;

• “exempt plant”, in relation to a nutrient pollution standard, has the meaning given by section 96D;

• “habitats site” means a European site within the meaning of the Conservation of Habitats and Species Regulations 2017 (S.I. 2017/1012) (see regulation 8);

• “the initial period” has the meaning given by section 96E(4);

• “nitrogen nutrient pollution standard”, in relation to references to a nitrogen significant plant meeting the standard, has the meaning given by section 96F(1);

• “nitrogen sensitive catchment area” means an area designated under section 96C(1);

• “nitrogen significant plant” has the meaning given by section 96B(3);

• “nutrient pollution standard” means the nitrogen nutrient pollution standard or the phosphorus nutrient pollution standard;

• “nutrient significant plant” means—

  (a)

  a nitrogen significant plant, or

  (b)

  a phosphorus significant plant;

• “phosphorus nutrient pollution standard”, in relation to references to a phosphorus significant plant meeting the standard, has the meaning given by section 96F(2);

• “phosphorus sensitive catchment area” means an area designated under section 96C(2);

• “phosphorus significant plant” has the meaning given by section 96B(4);

• “plant” means a sewage disposal works;

• “related nutrient pollution standard”, in relation to a sensitive catchment area or a plant, means—

  (a)

  if (or so far as) the area is a nitrogen sensitive catchment area or the plant is a nitrogen significant plant, the nitrogen nutrient pollution standard;

  (b)

  if (or so far as) the area is a phosphorus sensitive catchment area or the plant is a phosphorus significant plant, the phosphorus nutrient pollution standard;

• “sensitive catchment area” means—

  (a)

  a nitrogen sensitive catchment area, or

  (b)

  a phosphorus sensitive catchment area;

• “standard concentration”, in relation to the nutrient pollution standard that applies to a plant, means the concentration specified in section 96F(1)(a)(i) or (2)(a)(i) on the date that the designation of the associated catchment area as a sensitive catchment area takes effect;

• “treated effluent” has the meaning given by section 96F(3);

• “upgrade date”, in relation to a plant that discharges into a sensitive catchment area, has the meaning given by section 96E.

(3) References to a plant discharging into a sensitive catchment area are to the plant discharging treated effluent into the area.

(4) References to the sewerage system of a sewerage undertaker have the meaning given by section 17BA(7).]

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)