Special Measures become law

The Water (Special Measures) Act came into law on Friday.

Government messaging promoted the Act’s tougher measures to prosecute law-breaking water leaders. The offence in question is not polluting itself, but obstructing investigations or failing to hand over evidence of illegal sewage discharges. While this is already an offence, it has hitherto been in the jurisdiction of Magistrates' Courts with the maximum punishment being a fine. The offence can now be tried in the Crown Court and carries a maximum sentence of two years in prison.

The Government also highlighted that the existing law has been little used: only three water company officials have been criminally prosecuted for obstruction by the Environment Agency (EA), and no fines were issued. The intention is that the new Act will provide a more straightforward route to prosecution, and act as a deterrent to obstruction.

Other measures in the Act include: powers for Ofwat to ban bonuses where executives fail to meet high standards; powers for regulators to bring automatic and severe fines for pollution; a requirement for water companies to monitor emergency sewage outlets; and a provision for EA enforcement activity costs to be picked up by the industry.