The Environmental Targets (Water) (England) Regulations 2023
| Jurisdiction | UK Non-devolved |
| Citation | SI 2023/93 |
| Year | 2023 |
2023 No. 93
Agriculture, England
Environmental Protection, England
Water, England
The Environmental Targets (Water) (England) Regulations 2023
Made 30th January 2023
Coming into force 31th January 2023
The Secretary of State in exercise of the powers conferred by sections 1, 6(1) and 143(1)(a) and (b) of the Environment Act 20211(“the Act”) makes the following Regulations.
In accordance with section 4(1) and (2) of the Act, the Secretary of State has sought advice from persons the Secretary of State considers to be independent and to have relevant expertise, and is satisfied that the targets in these Regulations can be met.
A draft of these Regulations has been laid before and approved by resolution of each House of Parliament in accordance with sections 4(8) and 143(5)(b) of the Act.
PART 1
Introduction
Citation, commencement and extent
1.—(1) These Regulations may be cited as the Environmental Targets (Water) (England) Regulations 2023.
(2) These Regulations come into force on the day after the day on which they are made.
(3) These Regulations extend to England and Wales.
Interpretation
2. In these Regulations—
“the Act” means the Environment Act 2021;
“coastal waters” has the meaning given in section 104 of the Water Resources Act 19912;
“freshwaters” has the same meaning as “inland freshwaters” in section 104 of the Water Resources Act 19913.
Water targets
3. Regulations 5, 10, 15 and 20 specify four targets for the purposes of the Secretary of State’s duty in section 1 of the Act to set a long-term target in respect of water.
PART 2
Agriculture Water Target
Application of this Part
4. This Part applies to total nitrogen, total phosphorus and sediment entering the water environment through agricultural diffuse pollution from human activity undertaken on agricultural land in England.
Agriculture water target
5. The first target in respect of water is that the load of each of the following—
(a) total nitrogen,
(b) total phosphorus,
(c) sediment,
entering the water environment through agricultural diffuse pollution is, by 31st December 2038, at least 40% lower than the baseline.
Measurement of the agriculture target
6.—(1) The load of each of the agriculture target substances entering the water environment through agricultural diffuse pollution which is to be compared with the baseline to determine whether the target in regulation 5 is met by 31st December 2038 is to be measured by determining the load of each of those substances so entering the water environment in the year from 1st January 2038 to 31st December 2038.
(2) When determining the load of each of the agriculture target substances entering the water environment through agricultural diffuse pollution in the year from 1st January 2038 to 31st December 2038, the load must include the load from human activity undertaken on land which was agricultural land when the baseline was determined but which, for land management reasons with environmental, conservation or sustainability objectives, is not agricultural land in 2038.
(3) In paragraph (2), “environmental, conservation or sustainability objectives” means objectives the main purpose of which are to contribute to environmental protection4or improve the natural environment5.
Reporting date
7. For the purposes of section 6(1) of the 2021 Act, the reporting date for the target set in regulation 5 is 1st February 2040.
Interpretation of Part 2
8.—(1) In this Part—
“agricultural diffuse pollution” means the transportation of the agriculture target substances into the water environment where the transportation occurs by means of soil erosion, runoff or leaching;
“agricultural land” means land used for agriculture for the purposes of a trade or business;
“agriculture” includes—
(a) horticulture, fruit growing, seed growing, dairy farming, livestock breeding and keeping,
(b) the use of land as grazing land, meadow land, osier land, market gardens and nursery grounds, and
(c) the use of land for woodlands where that use is ancillary to the farming of land for other agricultural purposes;
“agriculture target substances” means the substances specified in regulation 5(a) to (c);
“the baseline” means the load of each of the agriculture target substances entering the water environment through agricultural diffuse pollution in the year from 1st January 2018 to 31st December 2018;
“groundwater” means all water which is below the surface of the ground in the saturation zone and in direct contact with the ground or subsoil;
“leaching” means the process by which the agriculture target substances are washed or drained from soil into the water environment by rainwater or other liquid applied to agricultural land;
“poaching” means the trampling or treading of agricultural land by livestock resulting in a layer of compacted soil with overlying mud;
“runoff” means the transportation into the water environment of rainwater or other water running over agricultural land;
“soil erosion” means soil loss caused by—
(a) runoff or degradation over a single area of agricultural land (whether or not crossing permanent boundary features) of at least 1 hectare, or
(b) poaching adjacent to freshwaters or coastal waters over a single stretch of agricultural land (whether or not crossing permanent boundary features) which is at least 2 metres wide and 20 metres long;
“the water environment” means—
(a) freshwaters and groundwater in England, and
(b) coastal waters adjacent to England.
(2) In the definition of the water environment in paragraph (1), coastal waters adjacent to England are such coastal waters adjacent to Great Britain as do not form part of—
(a)
(a) the sea adjacent to Scotland, or
(b)
(b) Wales.
(3) In paragraph (2)—
(a)
(a) the sea adjacent to Scotland has the same meaning as the internal waters and territorial sea of the United Kingdom adjacent to Scotland has by virtue of section 126(2) of the Scotland Act 19986;
(b)
(b) Wales has the meaning given by section 158 of the Government of Wales Act 20067.
PART 3
Waste Water Target
Application of this Part
9.—(1) This Part applies to relevant discharges into freshwaters in England from sewerage systems of sewerage undertakers whose areas are wholly or mainly in England at sewage disposal works in England.
(2) In paragraph (1), a sewerage undertaker’s area refers to the area for which it has been appointed to be a sewerage undertaker in accordance with section 6(1) of the Water Industry Act 19918.
Waste water target
10. The second target in respect of water is that the load of total phosphorus discharged into freshwaters from relevant discharges is, by 31st December 2038, at least 80% lower than the baseline.
Measurement of the waste water target
11. The load of total phosphorus discharged into freshwaters from relevant discharges which is to be compared with the baseline to determine whether the target in regulation 10 is met by 31st December 2038 is to be measured by determining the load of total phosphorus so discharged in the year from 1st January 2038 to 31st December 2038.
Reporting date
12. For the purposes of section 6(1) of the 2021 Act, the reporting date for the target set in regulation 10 is 1st February 2040.
Interpretation of Part 3
13.—(1) In this Part—
“the baseline” means the load of total phosphorus discharged into freshwaters from relevant discharges in the year from 1st January 2020 to 31st December 2020;
“relevant discharges” means discharges of treated waste water from the sewerage systems of sewerage undertakers at sewage disposal works.
(2) References in this Part to the sewerage systems of sewerage undertakers are to be construed in accordance with section 17BA(7) (sewerage licences) of the Water Industry Act 19919.
PART 4
Abandoned Metal Mines Water Target
Application of this Part
14. This Part applies to relevant waters in England polluted by abandoned metal mines in England.
Abandoned metal mines water target
15. The third target in respect of water is that the length of relevant waters polluted by any of...
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