Water Management

Question 1

What are controlled waters?

Answer 1

Bodies of water that are subject to regulatory controls and management measures

Question 2

State the legal definition of a ‘Strict Liability Criminal Offence’ as covered by the Environmental Permitting (England and Wales) Regulations 2010 and stated in Section 85 of the Water Resources Act 1991

Answer 2

“A person contravenes this section if he causes or knowingly permits any poisonous, noxious or polluting matter or any solid waste matter to enter any controlled waters”

Question 3

What case set the legal precedent for strict liability criminal offence

Answer 3

Alphacell Ltd v Woodward 1972

Question 4

What act covers strict liability criminal offence

Answer 4

Water Resources Act 1991

Question 5

What act of parliament regulates trade effluent discharges?

Answer 5

Water Industry Act 1991

Question 6

What happened in the Alphacell Ltd v Woodward 1972 case

Answer 6

• Alphacell were a paper factory and their settling tanks overflowed
  into the river Irwell without intent or their knowledge.
• This increased the Biochemical oxygen demand (BOD) above the
  consent level
• Alphacell found guilty of causing pollution by carrying out the
  activity that led to the pollution
• Case law: Set the legal precedent for strict liability criminal offence later implemented through WRA 1991

Question 7

What act covers storm overflows (reporting, reduction, elimination)?

Answer 7

Environment Act 2021

Question 8

What is the name of the main regulator for controlled water
sources in England?

Answer 8

Ofwat (the Water Services Regulation Authority)

Question 9

What are the Environment Agencies funtions and duties for water?

Answer 9

• Reduce flood risk
• Promote sustainable development
• Secure environmental and social benefits