OpenLegislation

Section 11 Charges in respect of Environment Agency and NRBW functionsI1

England and Wales

In section 41 of the Environment Act 1995 (powers of environmental regulators to make charging schemes)—

(a)

in subsection (1), after paragraph (s) insert—

“(t)

as a means of recovering costs incurred by it in performing water industry enforcement functions, the Agency or the Natural Resources Body for Wales may require the payment to it by water companies of such charges as may from time to time be prescribed;”;

(b)

after subsection (1A) insert—

“(1B)

In paragraph (t) of subsection (1)—

  • “water companies” means—

    1. (a)

      water undertakers and sewerage undertakers, and

    2. (b)

      water supply licensees and sewerage licensees within the meaning of the Water Industry Act 1991;

  • “water industry enforcement functions” means functions performed for the purpose of assessing or securing compliance by water companies (within the above meaning), or responding to failures on their part to comply, with any provision made by—

    1. (a)

      sections 205A and 205B of the Water Industry Act 1991 (pollution incident reduction plans and implementation reports),

    2. (b)

      Chapter 2 of Part 2 of the Water Resources Act 1991 (water abstraction and impounding),

    3. (c)

      Chapter 3 of that Part (drought orders and drought permits), or

    4. (d)

      the Environmental Permitting (England and Wales) Regulations 2016 (regulation of certain facilities and activities),

    but, in relation to water supply licensees and sewerage licensees, includes those functions only so far as performed in respect of the activities to which their licences relate.”

Annotations

Commencement

I1

S. 11 in force at Royal Assent, see s. 17(2)(g)