Water Act 2003
What this means for your business
- Enforced by
- Environment Agency
- Applies to
- United Kingdom
- On this page
- 10 compliance obligations, 2 practical guides across 2 topics
What you must do
10 compliance obligations under this legislation — 2 can result in imprisonment.
Management duties 4
Add fluoride to water supplies when asked by health authority
If a Strategic Health Authority in England or the Welsh Assembly sends you a written request to fluoridate water, you must make a formal arrangement with them and actually increase the fluoride level in the water you supply to the agreed area. You can only use the approved fluoride compounds and must cover the reasonable costs of the work.
Prepare and maintain a water resources management plan
If you run a water supply company, you must produce a written plan showing how you will manage and develop water resources so you can meet your legal duties. The plan has to be reviewed each year, a summary sent to the Secretary of State, and updated whenever circumstances change or at least every five years. Before making or revising the plan you must consult the Environment Agency, the regulator, the Secretary of State and any licensed water suppliers, and you must publish drafts for public comment.
Prepare and submit adoption schemes for sewers, drains and disposal works
If you operate a sewerage undertaking, you must draw up draft adoption schemes for any sewers, lateral drains or sewage‑disposal works that fall within the area defined by the regulations, and send those schemes to the Secretary of State. The scheme must meet the criteria set out in the regulations and trigger your duty to make a formal declaration about the works.
Prepare, maintain and review a drought plan
If you supply water you must have a written drought plan that sets out how you will keep providing safe water during a drought, how you will manage demand, obtain extra water and monitor the situation. The plan has to be reviewed at least every three years – or sooner if circumstances change or the Secretary of State tells you to – and you must consult the Environment Agency, the regulator and any other water suppliers when you prepare or revise it, and follow any directions issued.
Payments and fees 1
Pay for a lateral drain when you request it from the water company
Unlimited fineIf you own or occupy premises and the water company (sewerage undertaker) is required to install a lateral drain for your domestic drainage, you must ask for it and pay the reasonable costs of the work. The same applies if you request a lateral drain at the same time a new public sewer is being built.
Offences and prohibitions 5
Abstract or impound water in breach of a drought order or permit
Unlimited fineIf your business takes (abstracts) water from a river, lake or underground source, or stores (impounds) water, in violation of a drought order or without a valid abstraction licence, you commit a criminal offence. Conviction can lead to an unlimited fine and, for the most serious breaches, possible imprisonment.
Fail to comply with an enforcement notice
Unlimited fineIf the Environment Agency serves you with an enforcement notice under the Water Act and you do not carry out the actions it requires, you commit a criminal offence. On conviction you may be fined – up to £20,000 in a magistrates’ court or an unlimited fine if the case goes to Crown Court. There is no custodial sentence for this offence.
Fail to comply with direction under section 12A
2 years imprisonmentIf you are an undertaker of a reservoir and you do not follow a direction issued under section 12A, you commit a criminal offence. The legislation amendment adds this breach to the list of offences, although this provision does not set out the exact penalty – it will be the same as the penalty already provided for undertakers under section 22 of the Reservoirs Act 1975.
Fail to comply with information notice under the Water Act
2 years imprisonmentIf the Environment Agency (or the Secretary of State) serves you with a notice asking for information about water resources and you do not provide it without a reasonable excuse, you commit a criminal offence. Conviction can lead to an unlimited fine and, on indictment, up to two years’ imprisonment (or both). The offence can be tried either in the magistrates’ court or in the Crown Court.
Fail to comply with works notice for unlicensed impounding works
Unlimited fineIf you have an existing unlicensed impounding structure (for example a pond, reservoir or water‑storage tank) and the Environment Agency serves you with a works notice requiring you to carry out specific works, you must do what the notice demands. Failing to do so is a criminal offence. On conviction you could be fined – up to £20,000 in the magistrates’ court or an unlimited fine if the case goes to Crown Court.
Penalties for non-compliance
6 penalties under this legislation. 2 can result in imprisonment. 6 carry an unlimited fine.
Fail to comply with direction under section 12A
Unlimited fine and/or 2 years imprisonment
Fail to comply with information notice under the Water Act
Unlimited fine and/or 2 years imprisonment
Pay for a lateral drain when you request it from the water company
Unlimited fine
Abstract or impound water in breach of a drought order or permit
Unlimited fine
Fail to comply with an enforcement notice
Unlimited fine
Fail to comply with works notice for unlicensed impounding works
Unlimited fine
Practical guidance
Our guides explain how to comply with the requirements above.
Water management and drought resilience for businesses
How drought conditions affect businesses, including water company restrictions, temporary use bans, drought orders, abstraction licence restrictions, and practical steps …
Apply for a water abstraction licence
How to apply for a licence to abstract water from rivers, streams, boreholes, or other sources. Covers the 20 cubic …
Sections and provisions
114 classified provisions from this legislation.
Duties 15
- Schedule 2 The Consumer Council for Water Council
- Schedule 6 Compulsory purchase under the Coal Industry Act 1994 loss due
- s.35 Consumer Council for Water relevant undertaker
- s.43 General functions of the Council Authority
- s.45 Provision of statistical information to consumers etc Council
- s.46 Consumer complaints matter if it appears
- s.52 Co-operation between water regulators
- s.58 Fluoridation of water supplies water undertaker
- s.62 Water resources management plans water undertaker
- s.63 Drought plans water undertaker
- s.74 Environment Agency to be enforcement authority under the Reservoirs Act 1975
- s.83 Water conservation by public authorities public authority
- s.95 Requisition of lateral drains of the following persons
- s.98 Schemes for the adoption of sewers, lateral drains and sewage disposal works scheme
- Schedule 5 Powers of entry under the Coal Industry Act 1994 Authority
Offences and penalties 5
Powers 16
- Schedule 4 Licensing of water suppliers
- s.6 Rights to abstract small quantities
- s.9 Power to provide for further exemptions
- s.14 Publication of application for licence
- s.18 Register of certain protected rights
- s.23 Transfer and apportionment of licences
- s.36 Transfer to Authority and Council of functions, property etc
- s.38 Forward work programmes and annual reports
- s.44 Provision of information to the Council
- s.66 Revocation of local flood defence schemes
- s.77 Flood plans: large raised reservoirs
- s.78 National security
- s.85 Control of water from coal mines
- s.88 Trade effluent consents
- s.103 Powers to make further supplementary, consequential and transitional provision, etc
- Schedule 1 The Water Services Regulation Authority
Definitions 5
Exemptions 12
- s.3 Existing impounding works
- s.5 Rights of navigation, harbour and conservancy authorities
- s.10 Orders under section 33 of the WRA, etc
- s.13 Applications: types of abstraction licence
- s.17 Protected rights
- s.24 Claims arising out of water abstraction
- s.27 Withdrawal of compensation for certain revocations and variations
- s.33 Application of certain water resources provisions to this Act
- s.51 Reasons for decisions
- s.67 Membership of regional flood defence committees in Wales
- s.92 Self-lay and adoption of water mains and service pipes
- s.102 Specific transitional and transitory provisions