The Environmental Targets (Water) (England) Regulations 2023

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations set the long-term targets in respect of four matters within the priority area of water under section 1 of the Environment Act 2021 (c. 30). The Regulations specify the target to be achieved in respect of each matter and the date by which each target must be achieved.

Part 2 makes provision in relation to a target to reduce the levels of total nitrogen, total phosphorus and sediment entering freshwaters in, and coastal waters around, England from agricultural land. Regulation 5 sets the target to reduce each of those substances by at least 40% (compared with the baseline) by 31st December 2038. Regulation 6 provides that the load of each substance to be compared with the baseline is to be measured by determining the load entering the water environment in the year from 1st January 2038 to 31st December 2038. The baseline is the load entering the water environment from agricultural land in the year 2018.

Part 3 makes provision in relation to a target to reduce the levels of total phosphorus discharged into freshwaters from relevant discharges from sewerage systems of sewerage undertakers. Regulation 10 sets the target to reduce such levels by at least 80% (compared with the baseline) by 31st December 2038. Regulation 11 provides that the load of total phosphorus to be compared with the baseline is to be measured by determining the load of total phosphorus discharged into freshwaters in the year from 1st January 2038 to 31st December 2038. The baseline is the load discharged into freshwaters from relevant discharges in the year 2020.

Part 4 makes provision in relation to a target to reduce the length of waters polluted by arsenic, cadmium, copper, lead, nickel and zinc from abandoned metal mines. Regulation 15 sets the target to reduce the length of relevant waters polluted by those substances from abandoned metal mines by at least 50% (compared with the baseline) by 31 December 2038. Regulation 16 provides that the length of polluted waters compared with the baseline is to be measured by determining the length of relevant waters considered polluted in the year from 1st January 2038 to 31st December 2038. The baseline is the length of relevant waters considered polluted in the year 2022.

Part 5 makes provision in relation to a target to reduce the amount of potable water supplied by water undertakers. Regulation 20 sets the target to reduce the volume of potable water supplied per person by at least 20% (compared with the baseline) by 31st March 2038. Regulation 21 provides that the amount of supplied potable water to be compared with the baseline is to be measured by determining the distribution input over population (defined in regulation 23) in the year from 1st April 2037 to 31st March 2038. The baseline is the amount of potable water supplied in the year from 1st April 2019 to 31st March 2020.

Regulations 7, 12, 17 and 22 set the reporting date for each target, as required by section 6(1) of the Environment Act 2021.

Part 6 creates a duty on the Environment Agency to provide relevant data to the Secretary of State on request.

A full impact assessment of the effect that this instrument will have on the costs of business, the voluntary sector and the public sector is available from the Department for Environment, Food and Rural Affairs, 2 Marsham Street, London SW1P 4DF, and is published with an Explanatory Memorandum alongside these Regulations on www.legislation.gov.uk.