Part IE+W+S The Environment Agency and the Scottish Environment Protection Agency

[F1Chapter 1AE+W+SGeneral functions of the Agency and the Natural Resources Body for Wales]

Textual Amendments

E+W+S

5 General functions with respect to pollution control.E+W+S

(1)[F2An appropriate agency's] pollution control powers shall be exercisable for the purpose of preventing or minimising, or remedying or mitigating the effects of, pollution of the environment.

(2)[F3An appropriate agency] shall, for the purpose—

(a)of facilitating the carrying out of its pollution control functions, or

(b)of enabling it to form an opinion of the general state of pollution of the environment,

compile information relating to such pollution (whether the information is acquired by the Agency carrying out observations or is obtained in any other way).

(3)If required by [F4the appropriate national authority] to do so, [F5an appropriate agency] shall—

(a)carry out assessments (whether generally or for such particular purpose as may be specified in the requirement) of the effect, or likely effect, on the environment of existing or potential levels of pollution of the environment and report its findings to [F6the appropriate national authority]; or

(b)prepare and send to [F7the appropriate national authority] a report identifying—

(i)the options which the [F8appropriate agency] considers to be available for preventing or minimising, or remedying or mitigating the effects of, pollution of the environment, whether generally or in cases or circumstances specified in the requirement; and

(ii)the costs and benefits of such options as are identified by the [F8appropriate agency] pursuant to sub-paragraph (i) above.

(4)[F9An appropriate agency] shall follow developments in technology and techniques for preventing or minimising, or remedying or mitigating the effects of, pollution of the environment.

(5)In this section, “pollution control powers” and “pollution control functions”, in relation to [F10an appropriate agency], mean respectively its powers or its functions under or by virtue of the following enactments, that is to say—

(a)the M1Alkali, &c, Works Regulation Act 1906;

(b)Part I of the M2Health and Safety at Work etc. Act 1974;

(c)Part I of the M3Control of Pollution Act 1974;

(d)the M4Control of Pollution (Amendment) Act 1989;

(e)Parts[F11 I,] II and IIA of the 1990 Act (integrated pollution control etc, waste on land and contaminated land);

(f)Chapter III of Part IV of the M5Water Industry Act 1991 (special category effluent);

(g)Part III and sections 161 to 161D of the 1991 Act (control of pollution of water resources);

(h)[F12the M6Radioactive Substances Act 1993;]

[F13(i)regulations under section 2 of the Pollution Prevention and Control Act 1999;]

[F14(i)regulations under section 2 of the Pollution Prevention and Control Act 1999;]

(j)regulations made by virtue of section 2(2) of the M7European Communities Act 1972, to the extent that the regulations relate to pollution.

[F15(6)But in relation to the Natural Resources Body for Wales, “pollution control powers” and “pollution control functions” do not include powers or functions which—

(a)were exercisable by the Countryside Council for Wales or the Forestry Commissioners immediately before 1 April 2013; and

(b)are functions of that Body by virtue of the Natural Resources Body for Wales (Functions) Order 2013.]

Textual Amendments

F14S. 5(5)(i) inserted (21.3.2000 for E.W and otherwise prosp.) by 1999 c. 24, ss. 6(1), 7(3), Sch. 2 para. 15; S.I. 2000/800, art. 2

Commencement Information

I1S. 5 wholly in force at 1.4.1996; s. 5 not in force at Royal Assent see s. 125(3); s. 5(2)(5) in force at 1.2.1996 by S.I. 1996/186, art 2; s. 5(1)(3)(4) in force at 1.4.1996 by S.I. 1996/186, art 3

Marginal Citations

6 General provisions with respect to water.E+W+S

(1)It shall be the duty of [F16an appropriate agency], to such extent as it considers desirable, generally to promote—

(a)the conservation and enhancement of the natural beauty and amenity of inland and coastal waters and of land associated with such waters;

(b)the conservation of flora and fauna which are dependent on an aquatic environment; and

(c)the use of such waters and land for recreational purposes;

and it shall be the duty of [F16an appropriate agency], in determining what steps to take in performance of the duty imposed by virtue of paragraph (c) above, to take into account the needs of persons who are chronically sick or disabled. This subsection is without prejudice to the duties of the Agency under section 7 below.

(2)It shall be the duty of the Agency to take all such action as it may from time to time consider, in accordance with any directions given under section 40 below, to be necessary or expedient for the purpose—

(a)of conserving, redistributing or otherwise augmenting water resources in England F17...; and

(b)of securing the proper use of water resources in England F17...[F18(including the efficient use of those resources)];

but nothing in this subsection shall be construed as relieving any water undertaker of the obligation to develop water resources for the purpose of performing any duty imposed on it by virtue of section 37 of the M8Water Industry Act 1991 (general duty to maintain water supply system).

[F19(2A)The Natural Resources Body for Wales must take all such action as it may from time to time consider, in accordance with any directions given under article 11 of the Natural Resources Body for Wales (Establishment) Order 2012 (S.I.2012/1903), to be necessary or expedient for the purpose—

(a)of conserving, redistributing or otherwise augmenting water resources in Wales; and

(b)of securing the proper use of water resources in Wales (including the efficient use of those resources);

but nothing in this subsection shall be construed as relieving any water undertaker of the obligation to develop water resources for the purpose of performing any duty imposed on it by virtue of section 37 of the Water Industry Act 1991 (general duty to maintain water supply system).]

(3)The provisions of the 1991 Act relating to the functions of the Agency under Chapter II of Part II of that Act and the related water resources provisions so far as they relate to other functions of the Agency shall not apply to so much of any inland waters as—

(a)are part of the River Tweed;

(b)are part of the River Esk or River Sark at a point where either of the banks of the river is in Scotland; or

(c)are part of any tributary stream of the River Esk or the River Sark at a point where either of the banks of the tributary stream is in Scotland

[F20except so much of those inland waters as are in England.]

[F21(3A)Subsection (3) above shall apply to—

(a)sections 3 and 4 of the Water Act 2003; and

(b)such of the related water resources provisions as apply in relation to those sections by virtue of section 33(2) of the Water Act 2003,

as it applies to the provisions referred to in that subsection.]

[F22(4)The Agency shall in relation to England and [F23the Natural Resources Body for Wales shall in relation to] Wales exercise a general supervision over all matters relating to flood and coastal erosion risk management, in accordance with Part 1 of the Flood and Water Management Act 2010.]

(5)The Agency’s flood defence functions shall extend to the territorial sea adjacent to England F24... in so far as—

(a)[F25the region of any Regional Flood and Coastal Committee] includes any area of that territorial sea; or

(b)section 165(2) or (3) of the 1991 Act (drainage works for the purpose of defence against sea water or tidal water, and works etc to secure an adequate outfall for a main river) provides for the exercise of any power in the territorial sea.

[F26(5A)The flood defence functions of the Natural Resources Body for Wales extend to the territorial sea adjacent to Wales.]

(6)It shall be the duty of [F27an appropriate agency] to maintain, improve and develop [F28fisheries of—

(a)salmon, trout, eels, lampreys, smelt and freshwater fish, and

(b)fish of such other description as may be specified for the purposes of this subsection by order under section 40A of the Salmon and Freshwater Fisheries Act 1975.]

(7)The area in respect of which the Agency shall carry out its functions relating to fisheries shall be the whole of England F29..., together with—

(a)such part of the territorial sea adjacent to England F29... as extends for six miles from the baselines from which the breadth of that sea is measured,

(b)in the case of—

F30(i). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(ii)the M9Salmon and Freshwater Fisheries Act 1975,

(iii)Part V of the 1991 Act (general control of fisheries), and

(iv)subsection (6) above,

so much of the River Esk, with its banks and tributary streams up to their source, as is situated in Scotland, and

(c)in the case of sections 31 to 34 and 36(2) of the M10Salmon and Freshwater Fisheries Act 1975 as applied by section 39(1B) of that Act, so much of the catchment area of the River Esk as is situated in Scotland,

but, in the case of the enactments specified in paragraph (b) above, excluding the River Tweed.

[F31(7A)The area in respect of which the Natural Resources Body for Wales shall carry out its functions relating to fisheries shall be the whole of Wales, together with such part of the territorial sea adjacent to Wales as extends for six miles from the baselines from which the breadth of that sea is measured.]

(8)In this section—

[F34(9)For the purposes of this section, the parts of the territorial sea which are adjacent to Wales, and which are therefore not adjacent to England, are the parts of the sea which are treated as adjacent to Wales for the purposes of section 158 of the Government of Wales Act 2006.]

Textual Amendments

F18Words in s. 6(2)(b) inserted (E.W.) (1.4.2004) by Water Act 2003 (c. 37), ss. 72, 105(3); S.I. 2004/641, art. 3(s) (with Sch. 3 para. 7)

F20Words in s. 6(3) inserted (1.1.2018) by Water Act 2003 (c. 37), ss. 73, 105(3); S.I. 2017/1043, art. 2(e)

F24Words in s. 6(5) omitted (E.W.) (14.7.2017) by virtue of Environment (Wales) Act 2016 (anaw 3), s. 88(3)(c), Sch. 2 para. 22(a); S.I. 2017/714, art. 2

F25Words in s. 6(5)(a) substituted (14.7.2014) by Water Act 2014 (c. 21), s. 94(2)(r), Sch. 10 para. 16

F32S. 6: definition of “the River Esk” inserted (30.6.1999) by S.I. 1999/1746, arts. 1(1), 5(3); S.I. 1998/3178, art. 3

Marginal Citations

7 General environmental and recreational duties.E+W+S

(1)It shall be the duty of each of the Ministers and of the Agency, in formulating or considering—

(a)any proposals relating to any functions of the Agency other than its pollution control functions, so far as may be consistent—

(i)with the purposes of any enactment relating to the functions of the Agency,

(ii)in the case of each of the Ministers, with the objective of achieving sustainable development,

(iii)in the case of the Agency, with any guidance under section 4 above,

(iv)in the case of the Secretary of State, with his duties under section 2 of the M12Water Industry Act 1991,

so to exercise any power conferred on him or it with respect to the proposals as to further the conservation and enhancement of natural beauty and the conservation of flora, fauna and geological or physiographical features of special interest;

(b)any proposals relating to pollution control functions of the Agency, to have regard to the desirability of conserving and enhancing natural beauty and of conserving flora, fauna and geological or physiographical features of special interest;

(c)any proposal relating to any functions of the Agency—

(i)to have regard to the desirability of protecting and conserving buildings, sites and objects of archaeological, architectural, engineering or historic interest;

(ii)to take into account any effect which the proposals would have on the beauty or amenity of any rural or urban area or on any such flora, fauna, features, buildings, sites or objects; and

(iii)to have regard to any effect which the proposals would have on the economic and social well-being of local communities in rural areas.

(2)Subject to subsection (1) above, it shall be the duty of each of the Ministers and of the Agency, in formulating or considering any proposals relating to any functions of the Agency—

(a)to have regard to the desirability of preserving for the public any freedom of access to areas of woodland, mountains, moor, heath, down, cliff or foreshore and other places of natural beauty;

(b)to have regard to the desirability of maintaining the availability to the public of any facility for visiting or inspecting any building, site or object of archaeological, architectural, engineering or historic interest; and

(c)to take into account any effect which the proposals would have on any such freedom of access or on the availability of any such facility.

(3)Subsections (1) and (2) above shall apply so as to impose duties on the Agency in relation to—

(a)any proposals relating to the functions of a water undertaker or sewerage undertaker,

(b)any proposals relating to the management, by the company holding an appointment as such an undertaker, of any land for the time being held by that company for any purpose whatever (whether or not connected with the carrying out of the functions of a water undertaker or sewerage undertaker), and

(c)any proposal which by virtue of section 156(7) of the M13Water Industry Act 1991 (disposals of protected land) falls to be treated for the purposes of section 3 of that Act as a proposal relating to the functions of a water undertaker or sewerage undertaker,

as they apply in relation to proposals relating to the Agency’s own functions, other than its pollution control functions.

(4)Subject to obtaining the consent of any navigation authority, harbour authority or conservancy authority before doing anything which causes obstruction of, or other interference with, navigation which is subject to the control of that authority, it shall be the duty of the Agency to take such steps as are—

(a)reasonably practicable, and

(b)consistent with the purposes of the enactments relating to the functions of the Agency,

for securing, so long as the Agency has rights to the use of water or land associated with water, that those rights are exercised so as to ensure that the water or land is made available for recreational purposes and is so made available in the best manner.

(5)It shall be the duty of the Agency, in determining what steps to take in performance of any duty imposed by virtue of subsection (4) above, to take into account the needs of persons who are chronically sick or disabled.

(6)Nothing in this section, the following provisions of this Act or the 1991 Act shall require recreational facilities made available by the Agency to be made available free of charge.

(7)In this section—

Marginal Citations

8 Environmental duties with respect to sites of special interest.E+W+S

(1)Where [F35Natural England] F36... is of the opinion that any area of land in England F37...—

(a)is of special interest by reason of its flora, fauna or geological or physiographical features, and

(b)may at any time be affected by schemes, works, operations or activities of [F38an appropriate agency] or by an authorisation given by [F38an appropriate agency],

[F39Natural England] shall notify the fact that the land is of special interest for that reason [F40to the appropriate agency].

[F41(1A)Where the Natural Resources Body for Wales is of the opinion that any area of land in Wales—

(a)is of special interest by reason of its flora, fauna or geological or physiographical features, and

(b)may at any time be affected by schemes, works, operations or activities of the Agency or by an authorisation given by the Agency,

the Natural Resources Body for Wales shall notify the fact that the land is of special interest for that reason to the Agency.]

(2)Where a National Park authority or the Broads Authority is of the opinion that any area of land in a National Park or in the Broads—

(a)is land in relation to which the matters for the purposes of which sections 6(1) and 7 above (other than section 7(1)(c)(iii) above) have effect are of particular importance, and

(b)may at any time be affected by schemes, works, operations or activities of [F42an appropriate agency] or by an authorisation given by [F42an appropriate agency],

the National Park authority or Broads Authority shall notify the [F43appropriate agency] of the fact that the land is such land, and of the reasons why those matters are of particular importance in relation to the land.

(3)Where [F44an appropriate agency] has received a notification under subsection (1) [F45, (1A)] or (2) above with respect to any land, it shall consult the notifying body before carrying out or authorising any works, operations or activities which appear to the [F46appropriate agency] to be likely—

(a)to destroy or damage any of the flora, fauna, or geological or physiographical features by reason of which the land is of special interest; or

(b)significantly to prejudice anything the importance of which is one of the reasons why the matters mentioned in subsection (2) above are of particular importance in relation to that land.

(4)Subsection (3) above shall not apply in relation to anything done in an emergency where particulars of what is done and of the emergency are notified to [F47Natural England], [F48the Natural Resources Body for Wales], the National Park authority in question or, as the case may be, the Broads Authority as soon as practicable after that thing is done.

(5)In this section—

F50(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F49Words in definition of “National Park authority” in s. 8(6) repealed (1.4.1997) by 1995 c. 25, s. 120(3), Sch. 24 (with ss. 7(6), 115, 117); S.I. 1996/2560, art. 2, Sch.

F50S. 8(6) repealed (1.4.1997) by 1995 c. 25, s. 120(3), Sch. 24 (with ss. 7(6), 115, 117); S.I. 1996/2560, art. 2, Sch.

Marginal Citations

9 Codes of practice with respect to environmental and recreational duties.E+W+S

[F51(1)The appropriate national authority shall have power by order to approve any code of practice issued (whether by the appropriate national authority or by another person) for the purpose of—

(a)giving practical guidance to an appropriate agency with respect to any of the matters for the purposes of which the provisions specified in subsection (5) have effect, and

(b)promoting what appear to the appropriate national authority to be desirable practices by an appropriate agency with respect to those matters,

and may at any time by such an order approve a modification of such a code or withdraw its approval of such a code or modification.]

(2)In discharging its duties under [F52the provisions specified in subsection (5), an appropriate agency] shall have regard to any code of practice, and any modifications of a code of practice, for the time being approved under this section.

(3)[F53The Secretary of State shall not] make an order under this section unless he has first consulted—

(a)the Agency;

(b)[F54Natural England]F55...;

(c)the Historic Buildings and Monuments Commission for England;

(d)the Sports Council F56...; and

(e)such other persons as he considers it appropriate to consult.

[F57(3A)The Welsh Ministers shall not make an order under this section unless they have first consulted—

(a)the Natural Resources Body for Wales;

(b)the Sports Council for Wales; and

(c)such other persons as they consider it appropriate to consult.]

(4)The power F58... to make an order under this section shall be exercisable by statutory instrument; and any statutory instrument containing such an order shall be subject to annulment in pursuance of a resolution of either House of Parliament [F59(in the case of an order made by the Secretary of State) or of the National Assembly for Wales (in the case of an order made by the Welsh Ministers)].

[F60(5)The provisions referred to in subsections (1) and (2) are—

(a)in relation to the Agency, sections 6(1), 7 and 8;

(b)in relation to the Natural Resources Body for Wales—

(i)sections 6(1) and 8; and

(ii)articles 5A, 5C, 5D[F61, 5E] and 5G of the Natural Resources Body for Wales (Establishment) Order 2012 (S.I.2012/1903).]

Textual Amendments

Modifications etc. (not altering text)

C1S. 9(3) excluded (1.7.1999) by S.I. 1999/672, art. 2, Sch. 1

[F629ADuty of the Agency to cooperate with the Natural Resources Body for WalesE+W+S

The Agency must cooperate with the Natural Resources Body for Wales, and coordinate its activities with those of the Natural Resources Body for Wales, as may be appropriate in the circumstances.]

Textual Amendments

10 Incidental functions of the Agency [F63and the Natural Resources Body for Wales].E+W+S

(1)This section has effect—

(a)for the purposes of section 37(1) below, as it applies in relation to the Agency; F64...

[F65(aa)for the purposes of article 9 of the Natural Resources Body for Wales (Establishment) Order 2012 (S.I.2012/1903), in relation to the Natural Resources Body for Wales; and]

(b)for the construction of any other enactment which, by reference to the functions of [F66an appropriate agency], confers any power on or in relation to [F66an appropriate agency];

and any reference in this section to “the relevant purposes” is a reference to the purposes described in paragraphs (a) [F67, (aa)] and (b) above.

(2)For the relevant purposes, the functions of [F68an appropriate agency] shall be taken to include the protection against pollution of—

(a)any waters, whether on the surface or underground, which belong to the [F69appropriate agency] or any water undertaker or from which the [F69appropriate agency] or any water undertaker is authorised to take water;

(b)without prejudice to paragraph (a) above, any reservoir which belongs to or is operated by the [F69appropriate agency] or any water undertaker or which the [F69appropriate agency] or any water undertaker is proposing to acquire or construct for the purpose of being so operated; and

(c)any underground strata from which the [F69appropriate agency] or any water undertaker is for the time being authorised to abstract water in pursuance of a licence under Chapter II of Part II of the 1991 Act (abstraction and impounding).

(3)For the relevant purposes, the functions of [F70an appropriate agency] shall be taken to include joining with or acting on behalf of one or more relevant undertakers for the purpose of carrying out any works or acquiring any land which at least one of the undertakers with which it joins, or on whose behalf it acts, is authorised to carry out or acquire for the purposes of—

(a)any function of that undertaker under any enactment; or

(b)any function which is taken to be a function of that undertaker for the purposes to which section 217 of the M15Water Industry Act 1991 applies.

(4)For the relevant purposes, the functions of [F71an appropriate agency] shall be taken to include the provision of supplies of water in bulk, whether or not such supplies are provided for the purposes of, or in connection with, the carrying out of any other function of the [F72appropriate agency] .

(5)For the relevant purposes, the functions of [F73an appropriate agency] shall be taken to include the provision of houses and other buildings for the use of persons employed by the [F74appropriate agency] and the provision of recreation grounds for persons so employed.

(6)In this section—

Textual Amendments

Marginal Citations