Data & Facts - Gaps: The Law, Makers, Breakers

This is a start in terms of learning where the power lies and where laws are being broken by those who have power to help us improve a key element of our quality of life: healthy and safe places to thrive.

Water Framework Directive Regulations

In England and Wales, the Water Framework Directive Regulations (WFD) form the overarching statutory framework for our water environment. Despite Brexit, this remains in place in terms of regulatory frameworks. Other regulatory frameworks, such as the Urban Waste Water Treatment Regulations 1994 and the Bathing Waters Regulations 2013, also impact environments. However, the WFD provides the overarching targets on conditions of our waters and the framework for achieving them.

WFD Regulations oblige the creation of a River Basin Management Plan for each river basin catchment area. This covers environmental objectives, plus a summary of measures required to achieve those objectives. Current River Basin Management Plans were published in December 2022.

The WFD requires governments to ‘aim to achieve’ Good Ecological Status (GES) for all surface water bodies by 2027.

There are currently no published plans (as at April 2025) for these objectives beyond 2027. While the regulations implementing the WFD will still apply then, they do not provide scenarios beyond 2027. The UK and Welsh governments need to decide what, if anything, should follow this objective after 2027.

The Directive has been described as a "demanding and timely ‘identification and rectification’... requirement" by the Windrush Against Sewage Pollution (WASP) campaign, "but has been inexplicably ignored". Instead, lobbying by the water industry has led to this being sidelined in favour of weaker implementation measures, such as the Storm Overflow Assessment Framework (SOAF). SOAF has been referred to at an OFWAT consultation meeting, as "the mechanism relied on as the means for the rectification of failing storm overflows", according to page 4 of a WASP report linked to elsewhere on this page. (Use: CTRL,F / COMMAND F to search on their name).

More recently, The UK government and EU parliament, under Directives 2005/29/EC and 2011/83/EU, have put forward plans to prevent greenwashing by the commercial sector. Let's watch that space and share updates on our Telegram chat.

Water Industries Act 1991

Environmental Protection Act (EPA)

Water Resources Act

Freedom of Information Act (FoI)

For a great example of how to avoid obfuscation and avoidance by the recipient of an FoI request, take a look here.

If this intrigues you, whet's your appetite, do check out more of the Reverend's FoI requests, by searching his name on this website. Chances are he will have tested water somewhere not too far from where you are.

Environmental Information Regulations (EIR)

Re-Use of Public Sector Information Regulations

Bathing Water Regulations 2013

The Stockholm Convention on Persistent Organic Pollutants (POPS)

This convention is one of a number of international regulatory tools. The Stockholm Convention is a global treaty to protect human health and the environment from chemicals that remain intact in the environment for long periods, become widely distributed geographically, accumulate in the fatty tissue of humans and wildlife, and have harmful impacts on human health or on the environment. You will find other international conventions on the above website.

Industrial Emissions Directive (IED) - Best Available Techniques (BAT)

Note- this is copied verbatim from the government web page: The EU’s Industrial Emissions Directive (IED) takes an integrated approach to controlling pollution to air, water and land, and sets challenging industry standards for the most polluting industries. The IED aims to prevent and reduce harmful industrial emissions, while promoting the use of techniques that reduce pollutant emissions and that are energy and resource efficient.

Larger industrial facilities undertaking specific types of activity are required to use BAT to reduce emissions to air, water and land.

BAT means the available techniques which are the best for preventing or minimising emissions and impacts on the environment. ‘Techniques’ include both the technology used and the way the installation is designed, built, maintained, operated and decommissioned.

BAT reference documents (BREFs) include BAT Conclusions that contain emission limits associated with BAT, which must not be exceeded unless agreed by the relevant competent authority.

2024 Water (Special Measures) Bill

Government web page on new bill "To clean up the Water Sector"

This Bill has attracted critics, who maintain it contains loopholes. One firm of environmental solicitors provide a good analysis of the current overall situation in relation to this, the wider legal landscape and other litigation actions. (XR do not endorse the company posting this article, but welcome the discussion): Strategic Litigation and the Water Crisis

Steve Reed, MP's Water (Special Measures) Bill is, according to commentators inadequate, focusing pretty much entirely on sewage, while saying nothing on landfill/chemicals and leachate.

There will be amendments brought forward to try to improve its environmental aspects (e.g. addressing issues such as the River Wye, where 70% of pollution is from farms). There is also the question of whether fines imposed on companies will merely be viewed as a cost of doing business and ultimately be passed onto customers.

Dirty Water and other groups claim the Bill needs to promote the cessation of water pollution, but not stop there; we need a Citizens' Assembly on Water, given the widespread concerns of the public and failures of existing business models.

Lack of Regulatory Powers

The point here is that power to withhold information or limit its uses means that pollution of our waterways continues. Fragmentation of responsibilities between faceless bureaucrats and boardroom members make our push for clear waters an upstream struggle... Those very agencies we rely on or water companies we pay to endanger our lives seem to be getting away with ... well... even murder... If you don't know how bad abuse of the law by those who hold it can get, just read Zane Gbangbola's story.

Good News!

Check out how the public is fighting back on our 'Legal Campaigns Go Upstream' page


Revision #61
Created 4 June 2024 14:36:33 by XRDeeds
Updated 9 June 2025 10:59:56 by XRDeeds