Environmental Permitting Regulations 2016—groundwater activities
Produced in partnership with Craig Burman of Schofield Sweeney
Environmental Permitting Regulations 2016—groundwater activities

The following Environment guidance note Produced in partnership with Craig Burman of Schofield Sweeney provides comprehensive and up to date legal information covering:

  • Environmental Permitting Regulations 2016—groundwater activities
  • Brexit impact
  • Prohibition on unauthorised groundwater activities
  • Discharges from public sewers
  • Environmental permit
  • Exempt groundwater activities
  • Offence
  • Defences
  • Enforcement
  • Civil sanctions
  • more

The governing provisions for environmental permitting are in the Environmental Permitting (England and Wales) Regulations 2016 (EPR 2016), SI 2016/1154. EPR 2016 came into force on 1 January 2017 and consolidated all of the amendments to the Environmental Permitting (England and Wales) Regulations 2010 (EPR 2010), SI 2010/675. The EPR 2010 brought the regulation of groundwater activities within the new unified environmental permitting system. The EPR 2016 is the principle legislation governing the environmental permitting and compliance regime which applies to various activities and industries.

All offences occurring on or after 1 January 2017 will be prosecuted under the EPR 2016.

Offences committed before 1 January 2017, will be prosecuted under EPR 2010. The offences, maximum penalties and available sanctions are identical to those under EPR 2016. The information below on available enforcement options apply equally to offences under EPR 2010.

The appropriate agency (or regulator) of groundwater activities in England is normally the Environment Agency (EA) and in Wales, Natural Resources Wales (NRW).

Brexit impact

As of exit day (31 January 2020) the UK is no longer an EU Member State. However, in accordance with the Withdrawal Agreement, the UK has entered an implementation period, during which it continues to be subject to EU law. This has an impact on this content.

For further guidance, see Practice Note: Brexit—impact on environmental law