New Legislation – relating to water resources (09/01/2019) …

The following 1 new Statutory Instrument (SI) came into force on 09/01/2019:

New Legislation:

  • January 2019: SI 2019 No. 12 - The Infrastructure Planning (Water Resources) (England) Order 2019 (pdf) (link).


  • The "Explanatory Note" (link) at the end of the above SI 2019 No. 12 includes the following information:
    - "Article 2 of this Order amends the Planning Act 2008 (c. 29) (“the Act”) in respect of nationally significant infrastructure projects (“NSIP”) in the field of water to introduce a new category of NSIP and amend the thresholds of the existing categories of NSIP.".
    - "Paragraphs (2) and (6) introduce a new category of NSIP in respect of the construction or alteration of desalination plants. A desalination plant is defined in paragraph (7) as a facility for the extraction of mineral components from saline water.".
    - "Paragraph (3) amends section 27. It increases the threshold for when the construction or alteration of a dam or reservoir will be an NSIP from holding back 10 million cubic metres to holding back 30 million cubic metres. The amendments also introduce a new qualifying characteristic of “deployable output”, which is defined by paragraph (7) as the annual average volume of water that can be produced per day from a facility under drought conditions, having regard in particular to certain relevant constraints. The construction of dams or reservoirs with a deployable output of at least 80 million litres per day, or the alteration of dams or reservoirs which create an additional deployable output of at least 80 million litres a day, will be an NSIP.".
    - "Paragraph (5) substitutes the existing threshold in section 28 for when a development relating to the transfer of water resources will be an NSIP for a deployable output of at least 80 million litres per day.".
    - "The amendments made by article 2 apply subject to transitional and savings provisions set out in articles 3 to 5 of the Order (which in general apply the Act as it was before the amendments made by article 2).".

Other Sources of Information:

  • January 2019: Explanatory Memorandum to SI 2019 No. 12 (pdf) (link).

Updates to the Planning Jungle website: