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Consultation on Draft Statutory Instrument to amend provisions of the Water Resources Act 1991 for Water Protection Zones, and related Draft Statutory Guidance for the Environment Agency

This consultation follows on from one on diffuse water pollution from agriculture that was conducted in 2007. Defra concluded in the light of that earlier consultation that the need to provide a power to regulate where necessary to implement the Water Framework Directive would be best met by simply updating the existing power to designate Water Protection Zones.

This power would be available for use where appropriate under the River Basin Management Plans now being developed by the Environment Agency with the aim of achieving good chemical and ecological status in inland and coastal waters by 2015. Parts of this consultation will also apply in Wales.

This consultation also follows on from the joint Defra/WAG consultation in February 2007 on "Mechanisms to Deliver Water Framework Directive Requirements on Hydro-morphology" and the associated October 2007 Government response. This process identified a number of gaps in the legal controls available to prevent damage to, or restore the hydromorphology (physical structure and flow conditions) of, water bodies, where this is necessary to achieve WFD objectives. Ministers undertook to consider whether to develop additional controls to remedy this and to consult on any proposals.

This consultation invites comments on the following:

  • a draft Statutory Instrument amending existing Water Protection Zone legislation under the Water Resources Act 1991
  • draft statutory guidance to the Environment Agency to ensure that the process for designating WPZs is clearly defined.

Any proposals to designate a Water Protection Zone in the future will be the subject of its own consultation and Impact Assessment.

The consultation document also includes a short Frequently Asked Question (FAQ) to support the consultation.

Consultation responses should be received no later than 31 March 2009.

Page published: 8 September 2009