Prawo wodne i kanalizacyjne
Regulacja zaopatrzenia w wodę, kanalizacji, jakości wody i zanieczyszczeń.
Wprowadzenie
Prawo wodne reguluje dostarczanie wody pitnej, kanalizację i zapobieganie zanieczyszczeniom wód.
In Brief
Water companies must supply wholesome water under the Water Industry Act 1991 (s.52). Sewerage undertakers must provide and maintain public sewers (s.94 WIA 1991). Causing or knowingly permitting polluting matter to enter controlled waters is a criminal offence under the Environmental Permitting Regulations 2016 (enforced by the Environment Agency). Ofwat is the economic regulator. Household water bills are set through 5-yearly price reviews. Complaints go to the Consumer Council for Water (CCWater) before the Water Redress Scheme (WATRS).
Podstawowe zasady
Duty to Supply — Water companies have a duty to supply wholesome water for domestic purposes to premises in their area (s.52 WIA 1991).
Water Quality — Must meet standards set in the Water Supply (Water Quality) Regulations 2016, enforced by the Drinking Water Inspectorate.
Sewerage — Sewerage undertakers must provide and maintain a system of public sewers (s.94 WIA 1991). Right to connect to public sewers.
Water Pollution — Criminal offence to cause or knowingly permit polluting matter to enter controlled waters (s.85 Water Resources Act 1991).
Abstraction Licensing — Licences required to abstract water from rivers, lakes, or underground sources (Water Resources Act 1991).
Ofwat Regulation — Ofwat sets price controls, performance standards, and promotes competition in the water industry.
Kluczowe ustawy
Water Industry Act 1991
Water Resources Act 1991
Water Act 2014
Wiodące orzeczenia
Cambridge Water v Eastern Counties Leather
[1994] 2 AC 264
Marcic v Thames Water
[2003] UKHL 66
Typowe scenariusze
Water supply contamination
Report to the water company and the Drinking Water Inspectorate. The company has a duty to supply wholesome water. Civil claim for damages and potential prosecution.
Sewage flooding your property
Contact the sewerage company immediately. They have a duty to maintain public sewers. Right to compensation under internal sewer flooding schemes.
Related Careers
Frequently Asked Questions
Can I claim if a water company pollutes a river near my property?
Discharging polluting matter into controlled waters without a permit is a criminal offence under the Environmental Permitting Regulations 2016, enforced by the Environment Agency. Privately, landowners affected by pollution can bring a civil claim in nuisance or Rylands v Fletcher (Cambridge Water v Eastern Counties Leather [1994]) for contamination of land or watercourses. The Water Industry Act 1991 also creates specific rights for customers affected by poor service.
What is Ofwat and how does it regulate water companies?
Ofwat is the economic regulator of the water and sewerage sector in England and Wales. It sets price controls for water companies through periodic reviews (every 5 years), sets performance standards (including on leakage, water quality, and customer service), monitors compliance, and can impose fines for breaches. It also regulates competition in the water sector. Consumer complaints are handled by the Consumer Council for Water (CCWater).
Who is responsible if the water supply is contaminated?
Under s.52 of the Water Industry Act 1991, water companies have a duty to supply wholesome water meeting standards set by the Water Supply (Water Quality) Regulations 2016, enforced by the Drinking Water Inspectorate. If water is contaminated, report to the water company and the DWI. Compensation may be payable and the company may be prosecuted. Civil claims for negligence or breach of statutory duty are also available.
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