The Environmental Permitting (England and Wales) (Amendment) (England) Regulations 2023

Amendment of Schedule 22

7.  In Schedule 22—

(a) in paragraph 7—

(i) in sub-paragraph (4) after “granted” insert “in relation to Wales”;

(ii) after sub-paragraph (4) insert—

“(4A) A permit may not be granted in relation to England—

(a) without an assessment of—

(i) the relevant hydrogeological conditions,

(ii) the possible purifying powers of soil and subsoil, and

(iii) the risk of pollution and alteration of the quality of the groundwater from the discharge, and

(b) without establishing whether the input of pollutants to groundwater is a satisfactory solution from the point of view of the environment.”;

(b) in paragraph 8—

(i) renumber the existing text as sub-paragraph (1) of that paragraph;

(ii) in sub-paragraph (1) (as renumbered), at the end insert—

“(k) in relation to England, any groundwater activity to remediate the effects of pollution in groundwater or in the land or waters surrounding groundwater;

(l) in relation to England, the injection of any substance into groundwater to increase the flow of fluids or gas to a well or borehole in connection with the extraction or use of any source of energy.”;

(iii) after sub-paragraph (1) insert—

“(2) In sub-paragraph (1)(k), the reference to remediating the effects of pollution is—

(a) in the case of the groundwater in question, to doing any works, carrying out any operations or taking any steps to prevent or minimise, or remedy or mitigate the effects of pollution, or

(b) in the case of land or waters surrounding the groundwater in question, to restoring the land or waters to (or closer to) their former state.”;

(c) in paragraph 13—

(i) in sub-paragraph (5), for the words “A sewerage undertaker” substitute “In relation to Wales, a sewerage undertaker”;

(ii) after sub-paragraph (5) insert—

“(5A) In relation to England, a sewerage undertaker is not guilty of an offence under regulation 38(1) or (2) in relation to a groundwater activity that consists of a discharge of sewage effluent from a sewer or works vested in it if—

(a) the contravention is attributable to a discharge which another person caused or knowingly permitted to be made into the sewer or works,

(b) the undertaker either was not bound to receive the discharge into the sewer or works or was bound to receive it there subject to conditions which were not observed, and

(c) the undertaker could not reasonably have been expected to prevent the discharge into the sewer or works.”.