for prohibiting a person from having custody or control of any poisonous, noxious or polluting matter unless prescribed works and prescribed precautions and other steps have been carried out or taken for the purpose of preventing or controlling the entry of the matter into any controlled waters;

for requiring a person who already has custody or control of, or makes use of, any such matter to carry out such works for that purpose and to take such precautions and other steps for that purpose as may be prescribed.

provide for appeals to the Secretary of State against notices served by the F1Agency in pursuance of provision made by virtue of paragraph (a) above; and

provide that a contravention of the regulations shall be an offence the maximum penalties for which shall not exceed the penalties specified in subsection (6) of section 85 above.

designating that area as a water protection zone; and

prohibiting or restricting the carrying on in the designated area of such activities as may be specified or described in the order.

confer power on the F3Agency to determine for the purposes of the order the circumstances in which the carrying on of any activities is prohibited or restricted and to determine the activities to which any such prohibition or restriction applies;

apply a prohibition or restriction in respect of any activities to cases where the activities are carried on without the consent of the F3Agency or in contravention of any conditions subject to which any such consent is given;

provide that a contravention of a prohibition or restriction contained in the order or of a condition of a consent given for the purposes of any such prohibition or restriction shall be an offence the maximum penalties for which shall not exceed the penalties specified in subsection (6) of section 85 above;

provide (subject to any regulations under section 96 below) for anything falling to be determined under the order by the F3Agency to be determined in accordance with such procedure and by reference to such matters and to the opinion of such persons as may be specified in the order;

make different provision for different cases, including different provision in relation to different persons, circumstances or localities; and

contain such supplemental, consequential and transitional provision as the Secretary of State considers appropriate.

with a view to achieving the purpose specified in subsection (2) above, require, prohibit or restrict the carrying on, either on or in relation to any agricultural land in that area, of such activities as may be specified or described in the order; and

provide for such amounts (if any) as may be specified in or determined under the order to be paid by one of the Ministers, to such persons as may be so specified or determined, in respect of the obligations imposed in relation to that area on those persons by virtue of paragraph (a) above.

confer power on either of the Ministers to determine for the purposes of the order the circumstances in which the carrying on of any activities is required, prohibited or restricted and to determine the activities to which any such requirement, prohibition or restriction applies;

provide for any requirement to carry on any activity not to apply in cases where one of the Ministers has consented to a failure to carry on that activity and any conditions on which the consent has been given are complied with;

apply a prohibition or restriction in respect of any activities to cases where the activities are carried on without the consent of one of the Ministers or in contravention of any conditions subject to which any such consent is given;

provide that a contravention of a requirement, prohibition or restriction contained in the order or in a condition of a consent given in relation to or for the purposes of any such requirement, prohibition or restriction shall be an offence the maximum penalties for which shall not exceed the penalties specified in subsection (6) of section 85 above;

provide for amounts paid in pursuance of any provision contained in the order to be repaid at such times and in such circumstances, and with such interest, as may be specified in or determined under the order; and

provide (subject to any regulations under section 96 below) for anything falling to be determined under the order by any person to be determined in accordance with such procedure and by reference to such matters and to the opinion of such persons as may be specified in the order.

make different provision for different cases, including different provision in relation to different persons, circumstances or localities; and

contain such supplemental, consequential and transitional provision as the relevant Minister considers appropriate.

in relation to the making of an order in relation to an area which is wholly in England or which is partly in England and partly in Wales, means the Ministers; and

in relation to the making of an order in relation to an area which is wholly in Wales, means the Secretary of State.

any area has been designated as a nitrate sensitive area by an order under section 94 above; and

the relevant Minister considers that it is appropriate to do so with a view to achieving the purpose mentioned in subsection (2) of that section,

the owner of the freehold interest in any agricultural land in a nitrate sensitive area; or

where the owner of the freehold interest in any such land has given his written consent to the agreement being entered into by any person having another interest in that land, that other person,

in relation to an agreement with respect to land which is wholly in England, means the Minister;

in relation to an agreement with respect to land which is wholly in Wales, means the Secretary of State; and

in relation to an agreement with respect to land which is partly in England and partly in Wales, means either of the Ministers.

applications for any such consent;

the conditions of any such consent;

the revocation or variation of any such consent;

appeals against determinations on any such application;

the exercise by the Secretary of State of any power conferred on the F4Agency by the orders;

the imposition of charges where such an application has been made, such a consent has been given or anything has been done in pursuance of any such consent; and

the registration of any such application or consent.

applications for any such consent;

the conditions of any such consent;

the revocation or variation of any such consent;

the reference to arbitration of disputes about determinations on any such application;

the imposition of charges where such an application has been made, such a consent has been given or there has been any act or omission in pursuance of any such consent; and

the registration of any such application or consent.

giving practical guidance to persons engaged in agriculture with respect to activities that may affect controlled waters; and

promoting what appear to them to be desirable practices by such persons for avoiding or minimising the pollution of any such waters,

its power, by giving a notice under subsection (1) of section 86 above, to impose a prohibition under that section; and

any powers conferred on the F6Agency by regulations under section 92 above.