Water Resources Act 1991

The Water Resources Act 1991 (WRA) is an Act of the Parliament of the United Kingdom that regulates water resources, water quality and pollution, and flood defence. Part II of the Act provides the general structure for the management of water resources. Part III then explains the standards expected for controlled waters; and what is considered as water pollution. Part IV then provides information on mitigation through flood defence.

The Water Resources Act was introduced in December 1991 along with four other pieces of legislation (Water Industry Act 1991, Land Drainage Act 1991, Statutory Water Act 1991 and the Water (Consequential Provisions) Act 1991) whose combined purpose was to consolidate existing water legislation, which was previously spread out over 20 separate pieces of legislation. The Act governs the quality and quantity of water by outlining the functions of the Environment Agency (previously the National Rivers Authority). The WRA sets out offences relating to water, discharge consents, and possible defences to the offences. The Environment Agency has the power to bring criminal charges against people or companies responsible for crimes concerning water.

The WRA explains that the duty of the Agency is to “so far as is reasonably practicable” maintain, with water undertakers, secure and proper management of any reservoirs, apparatus or other works which belong to and are operated and controlled by them. The Agency will alert water undertakers as to any arrangements made by the Secretary of State or the Director General of Water Services, and any such arrangements made by them will be enforceable under section 18 of the Act

The legal framework for meeting quality standards for the environment is found within s82 to s84. The duty of the Secretary of State (currently the Secretary of State for Environment, Food and Rural Affairs) is to ‘prescribe a system of classifying the quality of those waters’. Under s.82, classification regulations provide the standards that must be met for controlled waters to be under a specific classification. In relation to this, the Act provides reference to the purposes of the water, substances within the water or absent from it and requirements as to other characteristics. Under s83, water quality objectives for controlled waters are created by the Secretary of State. Water quality standards provide goals for the Environment Agency to exercise its functions under s84 and to further maintain the quality objectives for controlled waters.

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