The Act governs the quality and quantity of water by outlining the functions of the Environment Agency (previously the National Rivers Authority).

The Environment Agency has the power to bring criminal charges against people or companies responsible for crimes concerning water.

The WRA explains that the duty of the Agency is to “so far as is reasonably practicable” maintain, with water undertakers, secure and proper management of any reservoirs, apparatus or other works which belong to and are operated and controlled by them.

Practical evaluation systems known as General Quality Assessments (GQAs) were established by the Environment Agency in attempts to monitor inland waters by testing both biological and chemical substances which could affect the overall health of the surrounding ecosystems.

In addition, nutrient sampling is undertaken in the assessments by the Environment Agency to establish whether natural biological waste from runoff in nearby areas is causing a significant change in the water quality.

It has been argued that, although the monitoring system can be viewed as an improvement in water regulation, no enforcement techniques are in place to punish those with low-quality GQA results.

Consents are set and enforced on an individual basis with regard to quality of the water source and the surrounding catchment.

The second component of the offence, ‘knowingly permit’ is used less frequently in prosecutions, as it requires proof of intention in order for the defendant to be liable.

A number cases followed that introduced requirements for some positive act on the part of the defendant (e.g. Wychavon District Council v National Rivers Authority [1993] Env LR 230, and found that the act of a third party, for example a vandal breaking a tap on a fuel tank, could break the chain of causation (Impress (Worcestor) Ltd v Rees [1971] 2 All ER 357).

However, in the case of Empress Car Company (Abertillery) v National Rivers Authority [1998] Env LR 396, it was held that the law had taken a wrong turn and had to go back to the Alphacell v Woodward approach.

Section 107 covers the main river functions under the Land Drainage Act 1991 and this is the power for securing the maintenance of flow of watercourses.