Water resources offences
Updated 28 June 2024
Applies to England
© Crown copyright 2024
This publication is licensed under the terms of the Open Government Licence v3.0 except where otherwise stated. To view this licence, visit nationalarchives.gov.uk/doc/open-government-licence/version/3 or write to the Information Policy Team, The National Archives, Kew, London TW9 4DU, or email: psi@nationalarchives.gov.uk.
Where we have identified any third party copyright information you will need to obtain permission from the copyright holders concerned.
This publication is available at https://www.gov.uk/government/publications/offence-response-options-environment-agency/water-resources-offences
1. Water Resources Act 1991 (WRA)
1.1 Restriction on abstraction
Section 24(1) and 24(4)(a) WRA:
To abstract without a licence, or other than in accordance with a licence or a Groundwater Investigation Consent or abstract without a valid exemption or cause or permit any other person to do the same.
The standard criminal and offence specific responses are:
- warning
- formal caution
- prosecution
The civil sanctions we can impose are:
- compliance notice
- restoration notice
- fixed monetary penalty
- variable monetary penalty
- stop notice
The civil sanction which can be offered is:
- enforcement undertaking
Section 24(2) and 24(4)(a) WRA:
To construct, extend, install or modify any works, apparatus or machinery for the purpose of abstraction of groundwater without, or other than in accordance with a licence, a groundwater investigation consent or a valid exemption or cause or permit any other person to do the same.
The standard criminal and offence specific responses are:
- warning
- formal caution
- prosecution
The civil sanctions we can impose are:
- compliance notice
- restoration notice
- fixed monetary penalty
- variable monetary penalty
- stop notice
The civil sanction which can be offered is:
- enforcement undertaking
Section 24(4)(b) WRA:
Failure of a licence holder to comply with other conditions of a licence. Example: Conditions not directly related to abstraction such as an obligation to discharge water elsewhere, to monitor and so forth.
The standard criminal and offence specific responses are:
- warning
- formal caution
- prosecution
The civil sanctions we can impose are:
- compliance notice
- restoration notice
- fixed monetary penalty
- variable monetary penalty
- stop notice
The civil sanction which can be offered is:
- enforcement undertaking
1.2 Restriction on impounding
Section 25(1)(a) and 25(2)(a) WRA:
To begin to construct or alter impounding works without a licence or cause or permit any other person to do the same.
The standard criminal and offence specific responses are:
- warning
- formal caution
- prosecution
The civil sanctions we can impose are:
- compliance notice
- restoration notice
- fixed monetary penalty
- variable monetary penalty
- stop notice
The civil sanction which can be offered is:
- enforcement undertaking
Section 25(1)(b) and 25(2)(a) WRA:
To impound water without a licence or to cause or permit any other person to do the same.
The standard criminal and offence specific responses are:
- warning
- formal caution
- prosecution
The civil sanctions we can impose are:
- compliance notice
- restoration notice
- fixed monetary penalty
- variable monetary penalty
- stop notice
The civil sanction which can be offered is:
- enforcement undertaking
Section 25(2)(b) WRA:
Failure of a licence holder to comply with the conditions of an impounding licence.
The standard criminal and offence specific responses are:
- warning
- formal caution
- prosecution
The civil sanctions we can impose are:
- compliance notice
- restoration notice
- fixed monetary penalty
- variable monetary penalty
- stop notice
The civil sanction which can be offered is:
- enforcement undertaking
Section 4(4) Water Act 2003:
Failure to comply with an impounding works notice served under Section 4(1) Water Act 2003.
The standard criminal and offence specific responses are:
- warning
- formal caution
- prosecution
The civil sanction we can impose is:
- variable monetary penalty
1.3 Enforcement notices
Section 25(c) WRA:
Failure to comply with an enforcement notice served under Section 25A of the WRA 1991.
The standard criminal and offence specific responses are:
- warning
- formal caution
- prosecution
The civil sanction we can impose is:
- variable monetary penalty
Section 201(3) WRA:
Failure to supply information required by a Section 201 WRA notice.
The standard criminal and offence specific responses are:
- warning
- formal caution
- prosecution
The civil sanction we can impose is:
- variable monetary penalty
1.4 Drought orders and permits
Section 80(1) WRA:
Abstraction and/or impounding water in contravention of a drought order or permit.
The standard criminal and offence specific responses are:
- warning
- formal caution
- prosecution
The civil sanctions we can impose are:
- compliance notice
- restoration notice
- fixed monetary penalty
- variable monetary penalty
- stop notice
The civil sanction which can be offered is:
- enforcement undertaking
Section 80(2) WRA:
Failure to construct, maintain or allow access to inspect any apparatus or records for measuring the flow of water required under a drought order or permit.
The standard criminal and offence specific responses are:
- warning
- formal caution
- prosecution
The civil sanctions we can impose are:
- compliance notice
- restoration notice
- fixed monetary penalty
- variable monetary penalty
- stop notice
The civil sanction which can be offered is:
- enforcement undertaking
1.5 Conservation notices
Section 199(1) and 199(4) WRA:
Failure to notify the Environment Agency of a proposal to construct or extend a groundwater source for the purpose of searching for minerals or de-watering operations.
The standard criminal and offence specific responses are:
- warning
- formal caution
- prosecution
The civil sanction we can impose is:
- variable monetary penalty
Section 199(2) and 199(4) WRA:
Failure to comply with a conservation notice issued to control activities relating to the search for minerals.
The standard criminal and offence specific responses are:
- warning
- formal caution
- prosecution
The civil sanction we can impose is:
- variable monetary penalty
1.6 Making false statements
Section 206(1) WRA:
Knowingly or recklessly making materially false statements. Example: In support of a licence application.
The standard criminal and offence specific responses are:
- warning
- formal caution
- prosecution
The civil sanction we can impose is:
- variable monetary penalty
Section 206(3) WRA:
Wilfully altering or interfering with a meter, gauge or other required under the provisions of a licence.
The standard criminal and offence specific responses are:
- warning
- formal caution
- prosecution
The civil sanction we can impose is:
- variable monetary penalty
Section 206(3A) WRA:
Intentionally making a false entry in any record required to be kept under an abstraction licence.
The standard criminal and offence specific responses are:
- warning
- formal caution
- prosecution
The civil sanction we can impose is:
- variable monetary penalty
Section 206(4) WRA:
Knowingly or recklessly make any statement which is false in a material particular which is required to be kept or furnished under Section 198 or 205 of the WRA.
The standard criminal and offence specific responses are:
- warning
- formal caution
- prosecution
The civil sanction we can impose is:
- variable monetary penalty
2. Water Resources (Environmental Impact Assessment) (England and Wales) Regulations 2003
Regulation 9(4):
Beginning a ‘relevant project’ under the Environmental Impact Assessment Regulations without, or other than in accordance with the terms of, a valid consent of the Environment Agency.
The standard criminal and offence specific responses are:
- warning
- formal caution
- prosecution
The civil sanctions we can impose are:
- compliance notice
- restoration notice
- variable monetary penalty
- stop notice
The civil sanction which can be offered is:
- enforcement undertaking
3. Water Industry Act 1991 (WIA)
Section 7(1)(a):
Causing or allowing any underground water to run to waste from any well, borehole or other work. Abstracting from any well, borehole or other work, in excess of reasonable requirements.
Summary only. The standard criminal and offence specific responses are:
- warning
- formal caution
- prosecution