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What this means for your business

21 obligations

21 penalties

8 can imprison

Enforced by: Environment Agency, Ofgem, NSTA, ONR
Applies to: United Kingdom
On this page: 21 compliance obligations

Read full text on legislation.gov.uk

What you must do

21 compliance obligations under this legislation — 8 can result in imprisonment.

Offences and prohibitions 21

If you take water from any source – especially groundwater – without a licence, or you construct, extend or modify wells, boreholes or related equipment without permission, you commit an offence. The same applies if you hold a water‑abstraction licence but fail to follow its conditions. Conviction can result in an unlimited fine and the case may be tried either in a magistrates’ court or a Crown Court.

Any Person s.24 Ofgem

If your company commits an offence under the Water Resources Act (or the Water Act 2003) and a director, manager, secretary, similar officer or a member of the company gave consent, helped or was negligent, that person can be prosecuted as well as the company. The individual will face the same punishment that the company would – potentially an unlimited fine and/or imprisonment. This means senior officers must ensure the business complies with all water‑related legal duties.

Director/Officer s.217 Ofgem

If you take, use or discharge water in a way that goes against the conditions of a drought order or permit, or if you fail to install or keep a flow‑measuring gauge as required, you are committing an offence. Conviction can result in an unlimited fine, whether the case is heard in a magistrates’ court or a Crown Court.

Any Person s.80 Ofgem

If you carry out any activity in an area that has been designated as a water protection zone and the order for that zone prohibits or restricts the activity, or you breach a condition of consent or fail to follow a required step, you commit a criminal offence. On conviction you can be sentenced to up to 2 years’ imprisonment and/or an unlimited fine. The offence can be tried in either the Magistrates' Court or the Crown Court depending on the seriousness.

Any Person s.93 Ofgem

If you start, cause, or allow the building or alteration of a dam, weir or similar structure that impounds inland water without a valid licence, you commit a criminal offence. The same applies if you hold a licence but breach any condition attached to it. Conviction can result in an unlimited fine.

Any Person s.25 Ofgem

If you (or your business) breach any byelaw made under the Water Resources Act 1991 you commit a criminal offence. On summary conviction you will be fined – the maximum can be an unlimited fine (level 5 on the standard scale) – and if the breach continues after conviction you face a further daily fine (e.g. £5 or £40 per day depending on the byelaw). The case is dealt with in the Magistrates’ Court only.

Any Person s.211 Ofgem

If you reveal any information that the Secretary of State has classified as confidential because it relates to a direction made under section 207 (for national security or a civil emergency), you commit a criminal offence. On conviction in the Crown Court you face up to two years’ imprisonment, an unlimited fine, or both.

Any Person s.207 Ofgem

If a regulator such as Ofgem, NSTA or ONR serves you an enforcement notice under the Water Resources Act and you do not do what the notice requires, you commit a criminal offence. On conviction you can be fined – the fine is unlimited – and the regulator can also carry out the work yourself were required to do and recover the costs. The regulator may also apply to the High Court to force compliance if a criminal prosecution would not be an effective remedy.

Any Person s.25C Ofgem

If a regulator (e.g., Ofgem, NSTA, ONR) serves you with a works notice requiring you to carry out specific actions and you do not do them, you commit a criminal offence. On conviction you can be sentenced to up to three months in prison and/or an unlimited fine in the Magistrates' Court, or up to two years in prison and/or an unlimited fine in the Crown Court. The regulator can also do the work itself, recover the costs from you, or seek a High Court order to force compliance.

Any Person s.161D Ofgem

If you (or your business) ignore a notice you gave to UKRI to keep water‑related information confidential, you commit an offence. On a summary‑only conviction you can be fined up to £1,000, and an additional £20 for each day the breach continues after conviction.

Any Person s.205 Ofgem

If you run a mine and plan to abandon it, you must notify the appropriate agency at least six months before the abandonment takes effect. Failing to give this notice is a criminal offence. On conviction you could be fined an unlimited amount, and the case can be tried in either a magistrates’ court or the Crown Court.

Any Person s.91B Ofgem

If you sink a well or borehole deeper than 50 ft you must first notify UKRI, keep a detailed journal, send test results and allow authorised inspections. Not doing any of these things is a criminal offence. On conviction in the magistrates’ court you face a fine up to £1,000 and a further £20 per day for each day the breach continues.

Any Person s.198 Ofgem

If you plan to drill a boring to search for or extract minerals, you must first submit a notice of intention in the prescribed form to the appropriate agency. You also have to follow any reasonable water‑conservation measures the agency later requires. Failing to give the notice or to comply with the agency’s notice is a criminal offence and can lead to a fine (unlimited) on summary or indictment.

Any Person s.199 Ofgem

If a Minister or the relevant water‑regulation agency (e.g., Ofgem, NSTA, ONR) serves your business a notice asking for specific information or assistance about water‑pollution control, you must supply it as set out in the notice. Failing to do so without a reasonable excuse is a criminal offence. On conviction you can be fined (unlimited) and, on indictment, face up to two years’ imprisonment.

Any Person s.202 Ofgem

If the Secretary of State or an approved water regulator serves you a notice asking for information about your water abstraction, you must supply it in the form, manner and times set out in the notice. Failing to do so without a reasonable excuse is a criminal offence. On summary conviction you face an unlimited fine; on indictment you could be fined and/or face up to two years’ imprisonment.

Any Person s.201 Ofgem

If you plan to install a gauge to measure the flow, level or volume of inland waters, you must first give notice to the appropriate agency and wait the required period before starting work. You also have to notify the agency within a month of completion where the gauge records will be kept. Failing to do either is an offence that can lead to a fine.

Any Person s.200 Ofgem

If you intentionally, recklessly or even negligently tamper with, damage or attach anything to a water resource pipe or related equipment that belongs to the water regulator without permission, you commit a criminal offence. The offence is tried in the Magistrates' Court and carries a maximum fine of £1,000. Emergency actions to prevent loss or damage, or authorised stopcock operations, are excluded from the offence.

Any Person s.176 Ofgem

If you or anyone acting for your business pretends to be an authorised water regulator (or any person with a legal power of entry) and tries to enter a premises or vessel without that authorisation, you commit a criminal offence. Conviction can lead to an unlimited fine and/or up to two years in prison.

Any Person s.174 Ofgem

If you knowingly or recklessly give false or misleading information in any application, record or report required under the Water Resources Act or the Water Act 2003, deliberately alter a required water‑meter, or make a false entry in a licence record, you commit an offence. On summary conviction you face an unlimited fine, and on conviction on indictment you can be fined and/or sentenced to up to two years in prison.

Any Person s.206 Ofgem

If your business keeps records of the flow, level or volume of inland waters and the appropriate agency (e.g., Ofgem, NSTA or ONR) reasonably asks to see them or to copy extracts, you must comply. Refusing or failing to permit the inspection without a reasonable excuse is a criminal offence, punishable by a fine of up to £200 on summary conviction.

Any Person s.197 Ofgem

If you share confidential information about a business that you obtained under the Water Resources Act 1991 without the owner’s consent – and the disclosure does not fall within one of the many listed exemptions – you commit a criminal offence. On conviction you can be fined an unlimited amount and, if tried on indictment, face up to two years’ imprisonment.

Any Person s.204 Ofgem