The Environmental Targets (Water) (England) Regulations 2022

These Regulations may be cited as the Environmental Targets (Water) (England) Regulations 2022.

These Regulations come into force on the day after the day on which they are made.

These Regulations extend to England and Wales.

The load of each of the agriculture target substances entering the water environment through agricultural diffuse pollution which is to be compared with the baseline to determine whether the target in regulation 5 is met by 31st December 2038 is to be measured by determining the load of each of those substances so entering the water environment in the year from 1st January 2038 to 31st December 2038.

When determining the load of each of the agriculture target substances entering the water environment through agricultural diffuse pollution in the year from 1st January 2038 to 31st December 2038, the load must include the load from human activity undertaken on land which was agricultural land when the baseline was determined but which, for land management reasons with environmental, conservation or sustainability objectives, is not agricultural land in 2038.

In paragraph (2), “environmental, conservation or sustainability objectives” means objectives the main purpose of which are to contribute to environmental protection4 or improve the natural environment5.

In this Part—

• “agricultural diffuse pollution” means the transportation of the agriculture target substances into the water environment where the transportation occurs by means of soil erosion, runoff or leaching;

• “agricultural land” means land used for agriculture for the purposes of a trade or business;

• “agriculture” includes—

  1. a

     horticulture, fruit growing, seed growing, dairy farming, livestock breeding and keeping,

  2. b

     the use of land as grazing land, meadow land, osier land, market gardens and nursery grounds, and

  3. c

     the use of land for woodlands where that use is ancillary to the farming of land for other agricultural purposes;

• “agriculture target substances” means the substances specified in regulation 5(a) to (c);

• “the baseline” means the load of each of the agriculture target substances entering the water environment through agricultural diffuse pollution in the year from 1st January 2018 to 31st December 2018;

• “groundwater” means all water which is below the surface of the ground in the saturation zone and in direct contact with the ground or subsoil;

• “leaching” means the process by which the agriculture target substances are washed or drained from soil into the water environment by rainwater or other liquid applied to agricultural land;

• “poaching” means the trampling or treading of agricultural land by livestock resulting in a layer of compacted soil with overlying mud;

• “runoff” means the transportation into the water environment of rainwater or other water running over agricultural land;

• “soil erosion” means soil loss caused by—

  1. a

     runoff or degradation over a single area of agricultural land (whether or not crossing permanent boundary features) of at least 1 hectare, or

  2. b

     poaching adjacent to freshwaters or coastal waters over a single stretch of agricultural land (whether or not crossing permanent boundary features) which is at least 2 metres wide and 20 metres long;

• “the water environment” means—

  1. a

     freshwaters and groundwater in England, and

  2. b

     coastal waters adjacent to England.

This Part applies to relevant discharges into freshwaters in England from sewerage systems of sewerage undertakers whose areas are wholly or mainly in England at sewage disposal works in England.

In paragraph (1), a sewerage undertaker’s area refers to the area for which it has been appointed to be a sewerage undertaker in accordance with section 6(1) of the Water Industry Act 19918.

In this Part—

• “the baseline” means the load of total phosphorus discharged into freshwaters from relevant discharges in the year from 1st January 2020 to 31st December 2020;

• “relevant discharges” means discharges of treated waste water from the sewerage systems of sewerage undertakers at sewage disposal works.

References in this Part to the sewerage systems of sewerage undertakers are to be construed in accordance with section 17BA(7) (sewerage licences) of the Water Industry Act 19919.

In this Part—

• “abandoned” in relation to a mine has the same meaning as in Chapter 2A of Part 3 of the Water Resources Act 199110;

• “the baseline” means the length of relevant waters considered polluted by any of the target substances from abandoned metal mines in the year from 1st January 2022 to 31st December 2022;

• “metal mine” means an excavation or system of excavations made for the purpose of, or in connection with, the extraction, wholly or substantially by means involving persons working below ground, of metalliferous and industrial minerals;

• “relevant waters” means—

  1. a

     freshwaters; and

  2. b

     bodies of surface water in the vicinity of river mouths which are partly saline in character as a result of their proximity to coastal waters but which are substantially influenced by freshwater flow,

  and does not include any coastal waters;

• “the target substances from abandoned metal mines” are the substances specified in regulation 15(a) to (f) where the source of those substances is an abandoned metal mine.

This Part applies to potable water supplied by water undertakers whose areas are wholly or mainly in England to people in England.

For the purposes of paragraph (1), a water undertaker’s area refers to the area for which it has been appointed to be a water undertaker in accordance with section 6(1) of the Water Industry Act 1991.

In this Part—

• “the baseline” means the volume of potable water supplied per head of population in England in the year from 1st April 2019 to 31st March 2020, calculated as the distribution input over population;

• “distribution input over population” means—

  

  where—

• “distribution input” means the volume of potable water entering the supply system of water undertakers at the point of production, reported as litres per day;

• “point of production” means the point at which potable water enters the distribution network of pipes for onward supply to customers;

• “population” means the population of England (and see paragraph (2)); and

• “supply system of water undertakers” is to be construed in accordance with section 17B(4A) of the Water Industry Act 199112.

For the purposes of this Part, the population of England is to be determined using data for population given by water undertakers in annual reviews of water resources management plans (including revised plans) in accordance with section 37A(5) of the Water Industry Act 199113.