Directive 80/68/EEC was given legal effect through the Local Government (Water Pollution) Acts and related regulations. The effect of this legislation is that discharges of certain dangerous substances to groundwater are subject to prior authorisation by way of a licence from the relevant local authority.
The scope of the Directive is somewhat limited and it is due to be repealed in December 2013. The Water Framework Directive and a new Groundwater Directive (adopted by the EU in 2006), provide a broader, strengthened basis for the protection of groundwater.
Earlier in 2010, I introduced the European Communities Environmental Objectives (Groundwater) Regulations 2010 to give legal effect to the new Groundwater Directive. These Regulations strengthen the existing regime for the protection of groundwater and establish clear environmental objectives to be achieved in groundwater bodies within specified timeframes. Furthermore, they impose a duty on public authorities to implement measures aimed at achieving such objectives, including a review of authorisations to discharge to groundwater, to be completed by 22 December 2012.