- Latest available (Revised)
- Original (As made)
This is the original version (as it was originally made).
3.—(1) Subject to sub-paragraphs (2) and (3), “groundwater activity” means any of the following—
(a)the discharge of a pollutant that results in the direct input of that pollutant to groundwater;
(b)the discharge of a pollutant in circumstances that might lead to an indirect input of that pollutant to groundwater;
(c)any other discharge that might lead to the direct or indirect input of a pollutant to groundwater;
(d)an activity in respect of which a notice under paragraph 10 has been served and has taken effect;
(e)an activity that might lead to a discharge mentioned in paragraph (a), (b) or (c), where that activity is carried on as part of the operation of a regulated facility of another class.
(2) A discharge or an activity that might lead to a discharge is not a “groundwater activity” if the discharge is—
(a)made, or authorised to be made, by or under any prescribed statutory provision, or
(b)of trade effluent or sewage effluent from a vessel.
(3) The regulator may determine that a discharge, or an activity that might lead to a discharge, is not a groundwater activity if the input of the pollutant—
(a)is the consequence of an accident or exceptional circumstances of natural cause that could not reasonably have been foreseen, avoided or mitigated,
(b)is or would be of a quantity and concentration so small as to obviate any present or future danger of deterioration in the quality of the receiving groundwater, or
(c)is or would be incapable, for technical reasons, of being prevented or limited without using—
(i)measures that would increase risks to human health or to the quality of the environment as a whole, or
(ii)disproportionately costly measures to remove quantities of pollutants from, or otherwise control their percolation in, contaminated ground or subsoil.
(4) The regulator must keep a record of all determinations under sub-paragraph (3).
The Whole Instrument you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Instrument you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Instrument you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: