The Secretary of State may by regulations make provision about the setting and enforcing of nutrient pollution standards.
The Secretary of State may only exercise the power under subsection (1) if the Secretary of State considers that the provisions about the setting and enforcing of nutrient pollution standards will be at least as effective as the provision already in force under sections 96B to 96M, the Environmental Damage (Prevention and Remediation) (England) Regulations 2015 (S.I. 810/2015) or this section as a result of the exercise of this power, including in relation to—
overall environmental protection (within the meaning of section 45 of the Environment Act 2021),
nutrient pollution levels discharged by plants or across catchment areas,
enforcement, or
costs.
The regulations may, in particular—
amend, repeal, revoke or otherwise modify—
sections 96B to 96M,
the Environmental Damage (Prevention and Remediation) (England) Regulations 2015, or
provision made under this section;
provide for a sewerage undertaker's compliance with the duty under section 96B (or an equivalent) to be determined by reference to matters other than the concentration of nitrogen or phosphorous in treated effluent discharged by a plant;
include provision applying or corresponding to any provision in sections 96B to 96M (with or without modifications);
include provision about the establishment of schemes involving sewerage undertakers and others for the purpose of encouraging or requiring sewerage undertakers to arrange or contribute to action in respect of the effect of nitrogen or phosphorous (from any source) on a habitats site;
make different provision for different purposes or different areas.