9 Water protection zones
14.53 The Nitrate Vulnerable Zones provisions are concerned with one type of pollutant, and its control. The Water Resources Act 1991 also contains a more general power for the Secretary of State to designate land a ‘Water Protection Zone’.109 Section 93 of the 1991 Act empowers the Secretary of State to make a designation order if this is necessary to prevent or control the entry of any poisonous, noxious or polluting matter (other than nitrates into controlled waters, and to prohibit or restrict the carrying on of activities likely to leas to pollution within the area designated.
Regulations made under the 1991 Act can only impose restrictions and prohibitions in affected areas, and not positive obligations as to land management. Unlike the NVZ provisions, the concept of Water Protection Zones is aimed at giving statutory protection to water sources in specific areas that are deemed especially vulnerable to pollution from a variety of agricultural activities, and not simply nitrate leaching. The designation mechanism has been used, for example, to designate the River Dee catchments a water protection zone.110 The Order designating the River Dee catchments establishes a specialist consent regime for the storage of material produced by various industrial processes. Farms are, however, excluded from its scope and application.
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