A Manual of Environmental Protection Law: The Pollution Control Functions of the Environment Agency and SEPA

By Michael Fry | Go to book overview

The Controlled Waters (Lakes and Ponds) Order 1989
S.I. 1989 No. 1149The Secretary of State for the Environment, as respects England, and the Secretary of State for Wales, as respects Wales, in exercise of the powers conferred on them by section 103(5)(b) of the Water Act 19891 hereby make the following Order:
Citation and commencement
1. This Order may be cited as the Controlled Waters (Lakes and Ponds) Order 1989 and shall come into force on 1st September 1989.
Reservoirs to be treated as relevant lakes or ponds
2. (1) A reservoir to which this article applies shall be treated for the purposes of Chapter I of Part III of the Water Act 1989,2 (control of pollution) as a relevant lake or pond.(2) This article applies to a reservoir--
A. which does not discharge into a relevant river or watercourse or into a relevant lake or pond;3 and
B. which does not contain water treated with a view to complying with regulation 23 of the Water Supply (Water Quality) Regulations 1989.4

Explanatory Note (This note is not part of the Regulations)

Chapter I of Part III of the Water Act 19895 (control of pollution) applies to waters of various classes including waters of certain reservoirs. This Order defines as waters to which Chapter 15 applies other reservoirs except those which contain water that has been treated with a view to complying with regulation 23 of the Water Supply (Water Quality) Regulations 1989 (S.I. 1989/1147).

____________________
1
This reference has effect as a reference to s.104(4)(b) of the Water Resources Act 1991, p.291 above: Water Consolidation (Consequential Provisions) Act 1991 (c.60), s.2, sch.2, para.1.
2
This reference has effect as a reference to Part III of the Water Resources Act 1991, p.271 above: Water Consolidation (Consequential Provisions) Act 1991 s.2, sch.2, para. 1.
3
"Relevant river or watercourse" and "relevant lake or pond" defined by the Water Resources Act 1991, s.104(3), p.291 above.
4
S.I. 1989/1147.
5
This reference has effect as a reference to Part III of the Water Resources Act 1991, p.271 above: Water Consolidation (Consequential Provisions) Act 1991 (c.60), s.2, sch.2, para.1.

-541-

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