Key Legislation and Policy. The Environment Agency’s duties in this Annex fall under the following legislation: • The Water Environment (Water Framework Directive) (England and Wales) Regulations 2003 (WFD) - as the competent Authority • The Water Resources Act 1991 - for management of water abstractions, flood risk management on main rivers and the control of pollution • Environmental Permitting Regulations (England and Wales) 2010 - for permitting of water discharge and the control of groundwater activities • Land Drainage Act 1991 - for flood risk management on ordinary watercourses • The Water Act 2003 - for the management of water abstractions • Planning Policy Statement 23 (PPS23) - planning and pollution control • Planning Policy Statement 25 (PPS25) - development and flood risk management • Flood Defence Byelaws made under the Water Resources Act 1991 - for the protection of flood defences, watercourses and floodplains • Town & Country Planning Act 1990 - for flood risk management • Planning Policy Guidance 20 (PPG20) - for flood risk management on the coast. The Secretary of State for Transport has a duty when exercising its functions to have regard to the River Basin Management Plan prepared and approved under Water Environment (Water Framework Directive) Regulations 2003 The Secretary of State’s powers as a highway authority in relation to this Annex are principally derived from: • The Highways Act 1980 - powers to create, build, improve and maintain highways. Specific powers under the Highways Act provide for: • the purchase of land for the construction or improvement of highways • the provision of drainage • mitigating the adverse effect of highways. Table 1 in Chapter 3 sets out where the legislation above applies to particular activities associated with highway projects.
