Water offences

Section 24(3)

Summary only offence.

Non-compliance with a Section 24 Land Drainage Act notice.

Standard criminal and offence specific responses

• Warning
• Formal Caution
• Prosecution

Section 25(6)(b)

Summary only offence.

Non-compliance with a Section 25 Land Drainage Act notice

Standard criminal and offence specific responses

• Warning
• Formal Caution
• Prosecution

Section 53(2)

Failure without reasonable excuse to comply with a notice requiring information, or in pursuance of the notice— (i) makes any statement in respect of the information required which he knows to be false in a material particular; or (ii) recklessly makes any statement in respect of that information which is false in a material particular.

Summary only offence.

Standard criminal and offence specific responses

• Warning
• Formal Caution
• Prosecution

Civil Sanctions which can be imposed are:

• Variable Monetary Penalty

Civil sanctions are only available for offences which occurred after 15 July 2010 in Wales.

Section 64(6)

Intentionally obstructing or impeding any person authorised by NRW to exercise a power of entry under section 64(1) of the Land Drainage Act 1991.

Summary only offence.

Standard criminal and offence specific responses

• Warning
• Formal Caution
• Prosecution 

Section 66(6)

Contravention or non-compliance with a byelaw made under Section 66.

Summary only offence.

Standard criminal and offence specific responses

• Warning
• Formal Caution
• Prosecution

Section 71(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 offence.

Standard criminal and offence specific responses

• Warning
• Formal Caution
• Prosecution

Civil sanctions are not available for this offence.

Section 120(9)

Where a sewerage undertaker fails to refer to the appropriate agency, within two months, any question as to whether the discharges of special category effluent should be prohibited or made subject to conditions.

Standard criminal and offence specific responses

• Warning
• Formal Caution
• Prosecution

Civil Sanctions which can be imposed are:

• Compliance Notice
• Restoration Notice
• Fixed Monetary Penalty
• Variable Monetary Penalty

Civil Sanctions which can be offered are:

• Enforcement Undertaking

Civil sanctions are only available for offences which occurred after 15 July 2010 in Wales.

Section 130(7)

Where a sewerage undertaker fails to refer to the appropriate agency any question as to whether any operations for the purpose of or in connection with the reception or disposal of special category effluent should be prohibited or made subject to conditions.

Standard criminal and offence specific responses

• Warning
• Formal Caution
• Prosecution

Civil Sanctions which can be imposed are:

• Compliance Notice
• Restoration Notice
• Fixed Monetary Penalty
• Variable Monetary Penalty

Civil Sanctions which can be offered are:

• Enforcement Undertaking

Civil sanctions are only available for offences which occurred after 15 July 2010 in Wales.

Section 133(5)

Where a sewerage undertaker fails to exercise its powers so as to secure compliance with the provisions of a notice served by the appropriate agency under section 132 WIA.

Standard criminal and offence specific responses

• Warning
• Formal Caution
• Prosecution

Civil Sanctions which can be imposed are:

• Restoration Notice
• Variable Monetary Penalty

Civil sanctions are only available for offences which occurred after 15 July 2010 in Wales.

Section 135A(2)(a)

Failing to provide information

Standard criminal and offence specific responses

• Warning
• Formal Caution
• Prosecution

Civil Sanctions which can be imposed are:

• Variable Monetary Penalty

Civil sanctions are only available for offences which occurred after 15 July 2010 in Wales.

Section 165(3)

Failing to take necessary steps to ensure that water discharged is as free as reasonably practicable from various substances (e.g. mud, silt)

Summary only offence.

Standard criminal and offence specific responses

• Warning
• Formal Caution
• Prosecution

Civil sanctions are not available for this offence.

Section 166(8)

Contravention of section 166 requirements or a condition of a consent, by a water undertaker.

Summary only offence.

Standard criminal and offence specific responses

• Warning
• Formal Caution
• Prosecution

Civil sanctions are not available for this offence.

Section 24

s.24(1) & 24(4)(a)

To abstract without a licence, or other than in accordance with a licence or a Groundwater Investigation Consent (GIC) or abstract without a valid exemption or cause or permit any other person to do the same.

s.24(2) & 24(4)(a)

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.

s.24(4)(b)

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 etc.

Standard criminal and offence specific responses are:

• Warning
• Formal Caution
• Prosecution

Civil Sanctions which can be imposed are:

• Compliance Notice
• Restoration Notice
• Fixed Monetary Penalty
• Variable Monetary Penalty
• Stop Notice

Civil Sanctions which can be offered are:

• Enforcement Undertaking

Civil sanctions are only available for offences which occurred after 15 July 2010.

Section 25

s.25(1)(a) & 25(2)(a)

To begin to construct or alter impounding works without a licence or cause or permit any other person to do the same.

s.25(1)(b) & 25(2)(a)

To impound water without a licence or to cause or permit any other person to do the same.

25(2)(b):

Failure of a licence holder to comply with the conditions of an impounding licence.

Standard criminal and offence specific responses are:

• Warning
• Formal Caution
• Prosecution

Civil Sanctions which can be imposed are:

• Compliance Notice
• Restoration Notice
• Fixed Monetary Penalty
• Variable Monetary Penalty
• Stop Notice

Civil Sanctions which can be offered are:

• Enforcement Undertaking

Civil sanctions are only available for offences which occurred after 15 July 2010.

Section 25C

Failure to comply with an enforcement notice served under Section 25A of the WRA 1991.

Standard criminal and offence specific responses are:

• Warning
• Formal Caution
• Prosecution

Civil Sanctions which can be imposed are:

• Variable Monetary Penalty

Civil sanctions are only available for offences which occurred after 15 July 2010.

Section 80

s.80(1)

Abstraction and/or impounding water in contravention of a drought order or permit.

s.80(2)

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.

Standard criminal and offence specific responses are:

• Warning
• Formal Caution
• Prosecution

Civil Sanctions which can be imposed are:

• Compliance Notice
• Restoration Notice
• Fixed Monetary Penalty
• Variable Monetary Penalty
• Stop Notice

Civil Sanctions which can be offered are:

• Enforcement Undertaking

Civil sanctions are only available for offences which occurred after 15 July 2010.

Section 91B(3)

Failure to give notice of abandonment of a mine.

Standard criminal and offence specific responses are:

• Warning
• Formal Caution
• Prosecution

Civil sanctions are not available for this offence.

Section 107(3)

Non-compliance with a Section 107(3) WRA notice (notice requiring remediation of main river to ensure proper flow).

Summary only offence.

Standard criminal and offence specific responses are:

• WarningFormal Caution
• Prosecution

Civil sanctions are not available for this offence.

Section 161D(1)

Failure to comply with an Anti Pollution Works notice.

Standard criminal and offence specific responses are:

• Warning
• Formal Caution
• Prosecution

Civil Sanctions which can be imposed are:

• Variable Monetary Penalty

Civil sanctions are only available for offences which occurred after 15 July 2010 in Wales.

Section 173 & Sched. 20, Para 7

Obstructing an NRW officer exercising powers of entry

Standard criminal and offence specific responses are:

• Warning
• Formal Caution
• Prosecution

Civil Sanctions which can be imposed are:

• Variable Monetary Penalty

Civil sanctions are only available for offences which occurred after 15 July 2010.

Section 173 & Sched. 20, Para 7

Obstructing an NRW officer exercising powers of entry

Standard criminal and offence specific responses are:

• Warning
• Formal Caution
• Prosecution

Civil Sanctions which can be imposed are:

• Variable Monetary Penalty

Civil sanctions are only available for offences which occurred after 15 July 2010.

Section 174

Impersonating a person authorised to enter premises

Standard criminal and offence specific responses are:

• Warning
• Formal Caution
• Prosecution

Civil sanctions are not available.

Section 176

Interference with NRW apparatus.

Summary only offence.

Standard criminal and offence specific responses are:

• Warning
• Formal Caution
• Prosecution

Civil sanctions are not available.

Section 199

s.199(1) & 199(4)

Failure to notify the appropriate agency of a proposal to construct or extend a groundwater source for the purpose of searching for minerals or de-watering operations.

s.199(2) & 199(4)

Failure to comply with a conservation notice issued to control activities relating to the search for minerals.

Standard criminal and offence specific responses are:

• Warning
• Formal Caution
• Prosecution

Civil Sanctions which can be imposed are:

• Variable Monetary Penalty

Civil sanctions are only available for offences which occurred after 15 July 2010 in Wales.

Section 201(3)

Failure to supply information required by a Section 201 WRA notice

Standard criminal and offence specific responses are:

• Warning
• Formal Caution
• Prosecution

Civil Sanctions which can be imposed are:

• Variable Monetary Penalty

Civil sanctions are only available for offences which occurred after 15 July 2010 in Wales.

Section 202(4)

Failure to provide information required by a notice under section 202.

Standard criminal and offence specific responses are:

• Warning
• Formal Caution
• Prosecution

Civil Sanctions which can be imposed are:

• Variable Monetary Penalty

Civil sanctions are only available for offences which occurred after 15 July 2010 in Wales.

Section 206

s.206(1)

Knowingly or recklessly making materially false statements. Example: In support of a licence application.

s.206(3)

Wilfully altering or interfering with a meter, gauge or other required under the provisions of a licence.

s.206(3A)

Intentionally making a false entry in any record required to be kept under an abstraction licence.

s.206(4)

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.

Standard criminal and offence specific responses are:

• Warning
• Formal Caution
• Prosecution

Civil Sanctions which can be imposed are:

• Variable Monetary Penalty

Civil sanctions are only available for offences which occurred after 15 July 2010 in Wales.

Section 211(3)

Contravention of any fisheries byelaw

Summary only offence.

Standard criminal and offence specific responses are:

• Warning
• Formal Caution
• Prosecution

Civil sanctions are not available for this offence.

Section 211(4)

Contravention of any byelaw for flood defence and drainage purposes

Summary only offence.

Standard criminal and offence specific responses are:

• Warning
• Formal Caution
• Prosecution

Civil sanctions are not available for this offence.

Section 217(1)

Criminal liability of directors, managers and secretaries in relation to offences that their company (body corporate) is guilty of and which are proved to have been committed with the consent, connivance or attributable to their neglect.

Standard criminal and offence specific responses are:

• Warning
• Formal Caution
• Prosecution

This does not require enforcement action against the first party and different responses can be given to each. Reference should, therefore, be made to the public interest factors.

Civil sanctions are only available for this offence where they are available for the offence for which the body corporate is guilty.

Section 217(2)

Liability of members of a body corporate where they manage the company affairs.

Standard criminal and offence specific responses are:

• Warning
• Formal Caution
• Prosecution

This does not require enforcement action against the first party and different responses can be given to each. Reference should, therefore, be made to the public interest factors.

Civil sanctions are only available for this offence where they are available for the offence for which the body corporate is guilty.

Section 217(3)

Liability of third parties for offences under water pollution provisions.

Standard criminal and offence specific responses are:

• Warning
• Formal Caution
• Prosecution

This does not require enforcement action against the first party and different responses can be given to each. Reference should, therefore, be made to the public interest factors.

Civil sanctions are only available for this offence where they are available for the offence for which the body corporate is guilty.

Water Act 2003

Failure to comply with an impounding works notice served under Section 4(1) WA 2003.

Standard criminal and offence specific responses are:

• Warning
• Formal Caution
• Prosecution

Civil Sanctions which can be imposed are:

• Variable Monetary Penalty

Civil sanctions are only available for offences which occurred after 15 July 2010.

Section 15(3)

Failing to comply with an enforcement notice issued under Section 14(1), requesting information from a person in connection with NRW’s flood and coastal erosion risk management functions.

The Civil Penalties available are:

• If the person fails to provide this information, then NRW may issue an enforcement notice under Section 15(1);
• If the person fails to comply with the enforcement notice, then under Section 15(3), NRW may impose a penalty notice not exceeding £1,000.

Relevant commencement dates are: 6th of April 2011

Section 30 and Schedule 1 para 11(4)

Failure to comply with an enforcement notice in relation to a designated asset.

Standard criminal and offence specific responses are:

• Warning
• Formal Caution
• Prosecution

Relevant commencement dates are: 1st of August 2012

Civil Sanctions are not available.

Section 30 and Schedule 1 para 13(5)

Obstruction of a NRW officer who is exercising powers of entry for the purpose of determining whether a structure or feature may be designated as a flood asset.

Standard criminal and offence specific responses are:

• Warning
• Formal Caution
• Prosecution

Relevant commencement dates are: 1st of August 2012

Civil Sanctions are not available.

Regulation 9(4)

Beginning a ‘relevant project’ under the EIA Regulations without, or other than in accordance with the terms of, a valid consent of the NRW.

• Warning
• Formal Caution
• Prosecution

Regulation 10(1) & 3(1)

Failure to ensure silage is made and stored in accordance with Regulation 3(1).

Standard criminal and offence specific responses are:

• Warning
• Formal Caution
• Prosecution

Civil sanctions are not available for this offence.

Regulation 10(1), 3(1) and 3(4)

Storing, opening or removing wrapping of a silage bale within 10 metres of an inland freshwater or coastal water which silage effluent could enter.

Standard criminal and offence specific responses are:

• Warning
• Formal Caution
• Prosecution

Civil sanctions are not available for this offence.

Regulation 10(1) & 4(1)

Failure to ensure slurry is stored in accordance with Regulation 4(1).

Standard criminal and offence specific responses are:

• Warning
• Formal Caution
• Prosecution

Civil sanctions are not available for this offence.

Regulation 10(1) & 7(5)

To fail to comply with the requirements of a Regulation 7(1) “Notice requiring works”.

Standard criminal and offence specific responses are:

• Warning
• Formal Caution
• Prosecution

Civil sanctions are not available for this offence.

Regulation 10(1) & 9

Failure to notify of the construction, substantial enlargement or substantial reconstruction of a silo, slurry storage or fuel oil storage area in accordance with Regulation 9.

Summary only offence.

Standard criminal and offence specific responses are:

• Warning
• Formal Caution
• Prosecution

Civil sanctions are not available for this offence.

Regulation 49

Breach of any provisions of the Regulations

Standard criminal and offence specific responses are:

• Warning
• Formal Caution
• Prosecution

Regulation 9

Contravention of regulation 4 (requirements for oil storage containers), 5(1) (requirements for secondary containment systems), 6(1) (requirements for fixed tanks), 7(1) (requirements for underground pipes associated with fixed tanks) or 8(1) (requirements for mobile bowsers).

Standard criminal and offence specific responses are:

• Warning
• Formal Caution
• Prosecution

Civil sanctions which can be imposed are:

• Restoration Notice
• Fixed Monetary Penalty
• Variable Monetary Penalty
• Stop Notice

Civil sanctions which can be imposed are:

• Enforcement Undertaking

See Regulation 1 for the phased implementation of these Regulations. In general, these Regulations came into force on 15 March 2016. However, please note:

• In relation to any container in which oil is being stored on 15 March 2016, the Regulations apply from 15 March 2020.
• In relation to any container in which oil is being stored on 15 March 2016 and which is situated less than 10 metres away from any inland freshwaters or coastal waters or less than 50 metres away from a well or borehole, the Regulations came into force on 15 March 2018.

Water Resources (Control of Agricultural Pollution) (Wales) Regulations 2021

Regulation 46

Breach of any currently in-force provisions of the Regulations.

Standard criminal and offence specific responses are:

• Warning
• Formal Caution
• Prosecution

The offences which are currently in-force are as follows:-

(a) Controlling the spreading of nitrogen fertiliser

1. Regulation 11
   • Occupier of a holding who spreads organic manure on that holding must maintain a map of the holding as required by Regulation 11
2. Regulation 12
   • An occupier who intends to spread nitrogen fertiliser must first undertake a field inspection to consider the risk of nitrogen getting into surface water.
   • No person may spread nitrogen fertiliser on that land if there is a significant risk of nitrogen getting into surface water taking into account the factors listed under Regulation 12(2).
   • No person may spread nitrogen fertiliser if the soil is waterlogged, flooded, snow covered, frozen or has been frozen for more than 12 hours in the previous 24 hours.
3. Regulation 13
   • No person may spread manufactured nitrogen fertiliser within 2 metres of surface water.
4. Regulation 14
   • No person may spread organic manure within 10 metres of surface water (unless using precision spreading equipment in which case no person may spread organic manure within 6 metres of surface water)
   • No person may spread organic manure within 50 metres of a borehole, spring or well.
5. Regulation 15
   • Any person spreading slurry must use spreading equipment with a low spreading trajectory

(b) Incorporation of manure

1. Regulation 16
   • Any person who applies organic manure onto the surface of bare soil or stubble must ensure that it is incorporated within 24 hours.

(c) Closed periods for spreading manufactured nitrogen fertiliser

1. Regulation 22
   • On grassland; from 15 September to 15 January
   • On tillage land; from 1 September to 15 January

(d) Storage of manure and silage

1. Regulation 23

• Occupier of a holding who stores any organic manure (other than slurry) or any bedding contaminated with any organic manure must store it as prescribed in Regulation 23

1. Regulation 24

• Requirements for the storage of manure and silage 

1. Regulation 27
   • Temporary field sites must not be in a field liable to flooding or becoming waterlogged, within 50m of a borehole, spring or well or within 10m of surface water or a land drain, located in any single position for more than 12 consecutive months or located in the same place as an earlier one constructed within the last 2 years.
   • Solid poultry manure that does not have bedding mixed into it and is stored on a temporary field site must be covered with an impermeable material
   • Topsoil must not be removed from the ground upon which a temporary field site is to be constructed, temporary field site must not be located within 30m of a watercourse on land identified on the risk map and surface area must be as small as reasonably practicable to minimise leaching effect of rainfall

(e) Regulation 32 

Summary Only Offence
A person who proposes to have custody or control of silage or slurry that is to be kept in a new or improved store must give notice at least 14 days before construction begins - (this change applies from 28 April 2021).

(f) Spreading organic manure

• Regulation 5

• • Occupier of a holding must ensure that in any 12 month period, the total amount of nitrogen in organic manure spread on any given hectare on the holding does not exceed 250kg.

(g)  Planning the spreading of nitrogen fertiliser

1. Regulation 6
   
   • Occupier of a holding who intends to spread nitrogen fertiliser must calculate amount of nitrogen in the soil that is likely to be available for uptake by the crop during the growing season, calculate the optimum amount of nitrogen that should be spread on the crop and produce a plan for spreading nitrogen fertiliser in that growing season.

(h) Recording additional information

1. Regulation 7

• • Specified requirements of records to be kept by an occupier

(I) Total nitrogen spread on a holding

1. Regulation 8

• • The total amount of nitrogen does not exceed the limits set out in Regulation 10 in any 12 month period

(j) Calculating amount of nitrogen available for crop uptake from organic manure

1. Regulation 9
   • Requirement on the occupier to establish the total amount of nitrogen in livestock manure for the purposes of Regulation 8

(k) Maximum nitrogen limits by crop

1. Regulation 10
   • Total amount of nitrogen permitted to be spread on any crop listed 

1. Regulation 35
   • Before 30 April each year, the occupier of a holding with livestock must record for the previous storage period the number and category of animals in a building or on a hardstanding during the storage period and record sites use for field heaps and dates of use.

1. Regulation 36
   • Before the relevant date every year, the occupier must make a record of the number and category of animals on the holding during the previous 12 month period and the number of days that each animal spent on the holding.
   • Occupier must calculate the amount of nitrogen in the manure produced by the animals on the holding during that year and make a record of the calculations and how the final figures were arrived at.

1. Regulation 37
   • An occupier who brings livestock manure on to a holding must, within one week, keep records of type and among of livestock manure, date brought to holding, nitrogen content and if known, name and address of supplier
   • An occupier who sends livestock manure off a holding must, within one week, keep records of type and amount of livestock manure, date sent off holding, nitrogen content and name and address of recipient and details of contingency plan to be used in the event that an agreement for a person to accept livestock manure fails.
   • If nitrogen content is not known when livestock manure is brought to a holding, the occupier must ascertain it as soon as is reasonably practicable after arrival and record within one week of ascertaining it.

1. Regulation 38
   • Any person using sampling and analysis to determine nitrogen content in organic manure must keep the original report from the laboratory

1. Regulation 39
   • An occupier who intends to spread nitrogen fertiliser must record the crop sown and date of sowing within one week of sowing a crop

1. Regulation 40
   • Within one week of spreading organic manure, the occupier must record the area on which it is spread, the quantity, date(s), method, total nitrogen content, amount of nitrogen available to the crop.
   • Within one week of spreading manufactured nitrogen fertiliser, the occupier must record date of spreading, amount of nitrogen spread

1. Regulation 41
   • An occupier who has used nitrogen fertiliser must record the yield achieved by an arable crop within one week of ascertaining it.
   • Before 30 April each year, an occupier must record how any grassland was managed in the previous calendar year.

1. Regulation 42
   • An occupier must keep a copy of any advice from a person who is a member of the Fertiliser Advisers Certification and Training Scheme that is relied on for any purpose under the Regulations for 5 years

1. Regulation 43
   • Any person required to make a record under the Regulations must keep it for 5 years

Dee Water Protection Zone (River Dee Catchment) Designation Order 1999

Article 5

Causing or knowingly permitting contravention of protection zone control

Standard criminal and offence specific responses are:

• Warning
• Formal Caution
• Prosecution

Relevant commencement dates are: 21 December 1999

Civil Sanctions are not available