Water Bill (HC Bill 82)

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(2) Before making a determination under subsection (1) as regards a
watercourse, the Agency must—

(a) publish (in such manner as it considers appropriate) the
determination it proposes to make, and

(b) 5consider representations made within the time and in the
manner specified by the Agency when publishing the
determination.

(3) The Agency must consult the NRBW before making a determination
under subsection (1)—

(a) 10which affects a watercourse part of which is in England and part
of which is in Wales, and

(b) in which it seems to the Agency that the NRBW has an interest.

(4) Having taken such steps as are required by subsections (2) and (3), the
Agency may—

(a) 15decide not to make a determination, or

(b) decide to make a determination in accordance with what was
proposed under subsection (2)(a) or otherwise.

(5) The Agency must publish (in such manner as it considers
appropriate)—

(a) 20that decision;

(b) the terms of any determination made;

(c) if a determination is made, the date on which a replacement
map will give effect to the determination.

(6) The date specified under subsection (5)(c) may not be before the end of
25a period of six weeks beginning with the day on which the matters
specified in subsection (5) are published.

(7) The Agency must also inform those persons affected by the proposal
who made representations in accordance with subsection (2)(b)
containing an objection to the proposal as to the matters referred to in
30subsection (5).

193D Appeals

(1) A person aggrieved by a determination under section 193C may appeal
to the Secretary of State.

(2) An appeal must be made before the end of a period of six weeks
35beginning with the day on which the matters referred to in section
193C(5) are published.

(3) Where an appeal is made against a determination, a replacement map
under section 193B may not include a change to give effect to the
determination except as specified in this section.

(4) 40The Secretary of State may appoint a person to make a report to assist
the Secretary of State in determining the appeal.

(5) If the Secretary of State allows the appeal in whole or in part, the
Secretary of State may by direction to the Agency—

(a) specify a change to be included in a replacement map under
45section 193B, and

(b) specify the date on which that change is to take effect.

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(6) If the Secretary of State dismisses the appeal, the Agency may include
a change to give effect to its determination in a replacement map, the
replacement map to have effect on such date as the Secretary of State
may direct.

(7) 5The Secretary of State may direct the Agency to publish the Secretary of
State’s decision in such manner as the direction may specify.

193E Guidance

(1) The Secretary of State may from time to time issue guidance to the
Agency about the exercise of its functions under sections 193 to 193D.

(2) 10The guidance may in particular include guidance as to—

(a) determining whether or not a watercourse or part of a
watercourse is suitable to become or to remain a main river or a
part of a main river;

(b) what kind of publication is appropriate under section 193C(2)
15and (5).

(3) The Agency must have regard to the guidance in carrying out its
functions under sections 193 to 193D.

Main river map for Wales

194 The main river map for Wales

(1) 20The NRBW must keep the main river map for Wales.

(2) For the purposes of this Act the main river map for Wales is a record of
areas in Wales which—

(a) shows the extent to which any watercourse or part of a
watercourse is to be treated as a main river or as part of a main
25river for the purposes of this Act, and

(b) indicates which (if any) of those watercourses are watercourses
designated in a scheme made under section 137.

(3) The map is conclusive as to the extent to which a watercourse in Wales
is to be treated as a main river or as part of a main river for the purposes
30of this Act.

(4) The map must specify the date on which it takes effect.

(5) The NRBW must keep the map in electronic form.

(6) In this section and sections 194A to 194E “watercourse” has the same
meaning as in Part 4 of this Act.

194A 35Inspection and copies

(1) The NRBW must provide reasonable facilities for inspecting the main
river map for Wales in electronic form.

(2) The NRBW must on request provide any person with—

(a) a hard copy of all or part of the map, or

(b) 40data comprising all or part of the map in electronic form.

(3) The NRBW may charge a fee for providing a copy or data under
subsection (2), but the fee—

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(a) must, in the case of a person appearing to the NRBW to have
requested a copy or data for commercial purposes, represent a
reasonable usage fee, and

(b) in any other case, may not exceed the reasonable costs of
5providing the copy or data.

(4) The NRBW must on request provide a body mentioned in the first
column of the following table with a hard copy of, or data comprising,
such part of the main river map for Wales as is described in the second
column of the entry for that body.

A local authority in Wales 10The part that relates to the local
authority’s area
An internal drainage board
for an internal drainage
district that is wholly or partly
in Wales
The part that relates to its district,
so far as that district is in Wales

15
A water company that
exercises functions in relation
to an area in Wales
The part that relates to that area

A highway authority that
exercises functions in relation
to highways in Wales
The part that relates to the area in
20Wales in relation to which it
exercises functions
A navigation authority that
exercises functions in relation
to an area in Wales
The part that relates to that area

(5) 25The Documentary Evidence Act 1868 has effect as if—

(a) the NRBW were mentioned in the first column of the Schedule
to that Act;

(b) any member of the staff of the NRBW authorised to act on
behalf of the NRBW were specified in the second column of the
30Schedule to that Act in connection with the NRBW;

(c) the regulation referred to in that Act included the main river
map for Wales kept by the NRBW;

(d) references to a copy included references to a print-out of
information kept in electronic form.

194B 35Replacing the main river map for Wales

(1) The NRBW may at any time replace the existing main river map for
Wales for the purpose of including—

(a) a change which, pursuant to section 194(2)(b), is required by the
making, amendment or revocation of a scheme under section
40137,

(b) a change to give effect to a determination under section 194C, or

(c) a change directed by the Welsh Ministers under section 194D(5)
(following an appeal against a determination).

(2) A replacement map may not include other changes.

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(3) A replacement map must specify the date on which it takes effect.

194C Determinations as to main rivers

(1) Subject to the following provisions of this section, the NRBW may
determine that—

(a) 5such watercourse or part of a watercourse in Wales as is
specified in the determination is to be treated for the purposes
of this Act as a main river or part of a main river;

(b) such watercourse or part of a watercourse in Wales as is
specified in the determination (not being a watercourse
10designated in a scheme made under section 137) is no longer to
be treated for the purposes of this Act as a main river or part of
a main river.

(2) Before making a determination under subsection (1) as regards a
watercourse, the NRBW must—

(a) 15publish (in such manner as it considers appropriate) the
determination it proposes to make, and

(b) consider representations made within the time and in the
manner specified by the NRBW when publishing the
determination.

(3) 20The NRBW must consult the Agency before making a determination
under subsection (1)—

(a) which affects a watercourse part of which is in Wales and part
of which is in England, and

(b) in which it seems to the NRBW that the Agency has an interest.

(4) 25Having taken such steps as are required by subsections (2) and (3), the
NRBW may—

(a) decide not to make a determination, or

(b) decide to make a determination in accordance with what was
proposed under subsection (2)(a) or otherwise.

(5) 30The NRBW must publish (in such manner as it considers
appropriate)—

(a) that decision;

(b) the terms of any determination made;

(c) if a determination is made, the date on which a replacement
35map will give effect to the determination.

(6) The date specified under subsection (5)(c) may not be before the end of
a period of six weeks beginning with the day on which the matters
specified in subsection (5) are published.

(7) The NRBW must also inform those persons affected by the proposal
40who made representations in accordance with subsection (2)(b)
containing an objection to the proposal as to the matters referred to in
subsection (5).

194D Appeals

(1) A person aggrieved by a determination under section 194C may appeal
45to the Welsh Ministers.

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(2) An appeal must be made before the end of a period of six weeks
beginning with the day on which the matters referred to in section
194C(5) are published.

(3) Where an appeal is made against a determination, a replacement map
5under section 194B may not include a change to give effect to the
determination except as specified in this section.

(4) The Welsh Ministers may appoint a person to make a report to assist
them in determining the appeal.

(5) If the Welsh Ministers allow the appeal in whole or in part, they may by
10direction to the NRBW—

(a) specify a change to be included in a replacement map under
section 194B, and

(b) specify the date on which that change is to take effect.

(6) If the Welsh Ministers dismiss the appeal, the NRBW may include a
15change to give effect to its determination in a replacement map, the
replacement map to have effect on such date as the Welsh Ministers
may direct.

(7) The Welsh Ministers may direct the NRBW to publish their decision in
such manner as the direction may specify.

194E 20Guidance

(1) The Welsh Ministers may from time to time issue guidance to the
NRBW about the exercise of its functions under sections 194 to 194D.

(2) The guidance may in particular include guidance as to—

(a) determining whether or not a watercourse or part of a
25watercourse is suitable to become or to remain a main river or a
part of a main river;

(b) what kind of publication is appropriate under section 194C(2)
and (5).

(3) The NRBW must have regard to the guidance in carrying out its
30functions under sections 194 to 194D.

(3) In section 113 (interpretation of Part 4), in subsection (1), in the definition of
“main river”, for “a main river map” there is substituted “the main river map
for England or the main river map for Wales”.

(4) In section 221 (interpretation of the Act), in subsection (1)—

(a) 35for the definition of “main river map” there is substituted—

  • “the main river map for England” has the meaning given
    by section 193(2);

  • “the main river map for Wales” has the meaning given by
    section 194(2);;

(b) 40in the definition of “watercourse”, for “and 113(1)” there is substituted
“113(1), 193(6) and 194(6)”.

43 Maps of waterworks

(1) Section 195 of the Water Resources Act 1991 (duty of appropriate agency to
keep records of location of waterworks) is repealed.

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(2) In Schedule 23 to that Act (mineral rights), in paragraph 7(2) (structures and
underground works which comprise appropriate agency’s undertaking), for
paragraph (b) there is substituted—

(b) any resource mains, discharge pipes or other underground
5works which are for the time being vested in the appropriate
agency.

Part 3 Environmental regulation

44 Regulation of the water environment

(1) 10The Minister may by regulations make provision for any of the purposes listed
in Part 1 of Schedule 8; and Part 2 of that Schedule has effect for supplementing
Part 1.

(2) Except as provided in Schedule 8, any provision so made is to be provision for
or in connection with—

(a) 15regulating the use of water resources,

(b) securing the drainage of land or the management of flood risk, or

(c) safeguarding the movement of fish through regulated waters.

(3) In making regulations under this section, the Minister is to have regard to the
desirability of reducing burdens by ensuring that so far as is reasonably
20practicable any system established by regulations under this section is
combined with, or is consistent with, systems for regulating activities or other
matters that cause pollution.

(4) Regulations under this section may—

(a) contain such consequential, incidental, supplementary, transitional or
25saving provisions (including provisions amending, repealing or
revoking enactments) as the Minister considers appropriate, and

(b) make different provision for different cases, including different
provision in relation to different persons, circumstances, areas or
localities.

(5) 30Before making any regulations under this section, the Minister is to consult—

(a) the Environment Agency;

(b) the Natural Resources Body for Wales;

(c) such bodies or persons appearing to the Minister to be representative
of the interests of local government, industry, agriculture and small
35businesses respectively as the Minister may consider appropriate;

(d) such other bodies or persons as the Minister may consider appropriate.

(6) It is immaterial for the purposes of subsection (5) whether consultation is
carried out before or after the coming into force of this section.

(7) The Secretary of State’s power to make regulations under this section is subject
40to the consent of the Scottish Ministers so far as the regulations apply as
mentioned in subsection (11)(b),

(8) In this section and Schedule 8 a reference to the use of water resources—

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(a) includes a reference to taking, diverting or impounding water from any
inland waters, or taking water contained in underground strata, and
applying it to any purpose, and

(b) includes a reference to wasting water whether by action or omission,
5but

(c) does not include a reference to the use, by a person other than a water
undertaker, of water drawn from a water mains or pipe forming part of
a system used by a water undertaker in carrying out a duty under
section 37 of the Water Industry Act 1991.

(9) 10In this section and Schedule 8—

  • “enactment” includes—

    (a)

    an enactment contained in subordinate legislation within the
    meaning of the Interpretation Act 1978;

    (b)

    an enactment contained in, or an instrument made under, an
    15Act of the Scottish Parliament;

    (c)

    an enactment contained in, or in an instrument made under, an
    Act or Measure of the National Assembly for Wales;

  • “fish” means freshwater fish and migratory fish;

  • “flood” has the meaning given in section 1 of the Flood and Water
    20Management Act 2010;

  • “flood risk” has the meaning given in section 2 of that Act;

  • “freshwater fish” means any fish habitually living in fresh water;

  • “inland waters” has the meaning given by section 221(1) of the Water
    Resources Act 1991;

  • 25“migratory fish” means fish of a kind which migrates from fresh to salt
    water, or from salt to fresh water, in order to spawn;

  • “the Minister” means—

    (a)

    the Secretary of State in relation to England and in relation to so
    much of the River Esk and its banks and tributary streams as is
    30mentioned in subsection (11)(b), and

    (b)

    the Welsh Ministers in relation to Wales;

  • “regulated waters” means—

    (a)

    inland waters in England and Wales,

    (b)

    the waters of so much of the River Esk and its tributary streams
    35up to their source as is mentioned in subsection (11)(b), and

    (c)

    waters adjoining the coast of England and Wales to a distance
    of six nautical miles measured from the baselines from which
    the breadth of the territorial sea is measured;

  • “Wales” has the meaning given in section 158(1) of the Government of
    40Wales Act 2006.

(10) The reference in subsection (8)(a) to water contained in underground strata is
to be read in accordance with section 221(3) of the Water Resources Act 1991,
as if this section formed part of that Act.

(11) Regulations made in reliance on subsection (2)(c)—

(a) 45are not to apply in relation to the Tweed district (as defined in article
2(1) of the Scotland Act 1998 (River Tweed) Order 2006 (S.I. 2006/
2913)), but

(b) may apply in relation to so much of the River Esk, with its banks and
tributary streams up to their source, as is situated in Scotland.

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(12) Regulations under this section may make provision applying in relation to
(and to places above and below) the territorial waters adjacent to any part of
England and Wales.

45 Environmental regulation: procedure

(1) 5The power to make regulations under section 44 is to be exercised by statutory
instrument.

(2) A statutory instrument containing regulations made by the Secretary of State
under section 44 is subject to annulment in pursuance of a resolution of either
House of Parliament, subject as follows.

(3) 10A statutory instrument containing regulations made by the Welsh Ministers
under section 44 is subject to annulment in pursuance of a resolution of the
National Assembly for Wales, subject as follows.

(4) A statutory instrument containing any of the following regulations (whether
alone or with other regulations) is subject to the affirmative resolution
15procedure—

(a) the first regulations to be made by the Secretary of State under section
44;

(b) the first regulations to be made by the Welsh Ministers under section
44;

(c) 20regulations under section 44 which create an offence or increase a
penalty for an existing offence;

(d) regulations under section 44 which amend or repeal any provision of
an Act, or an Act or Measure of the National Assembly for Wales.

(5) A statutory instrument containing regulations made by the Secretary of State
25under both section 44 above and section 2 of the Pollution Prevention and
Control Act 1999 is subject to the affirmative resolution procedure if an
instrument containing only—

(a) the regulations made by the Secretary of State under section 44 above,
or

(b) 30the regulations made by the Secretary of State under section 2 of the
Pollution Prevention and Control Act 1999,

would be subject to the affirmative resolution procedure.

(6) A statutory instrument containing regulations made by the Welsh Ministers
under both section 44 above and section 2 of the Pollution Prevention and
35Control Act 1999 is subject to the affirmative resolution procedure if an
instrument containing only—

(a) the regulations made by the Welsh Ministers under section 44 above, or

(b) the regulations made by the Welsh Ministers under section 2 of the
Pollution Prevention and Control Act 1999,

40would be subject to the affirmative resolution procedure.

(7) A statutory instrument containing regulations made by the Secretary of State
that is subject to the affirmative resolution procedure may not be made unless
a draft of the instrument has been laid before, and approved by a resolution of,
each House of Parliament.

(8) 45A statutory instrument containing regulations made by the Welsh Ministers
that is subject to the affirmative resolution procedure may not be made unless

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a draft of the instrument has been laid before, and approved by a resolution of,
the National Assembly for Wales.

(9) Subsections (11) and (12) apply in relation to a statutory instrument containing
both—

(a) 5regulations under section 44 made or to be made by the Secretary of
State, and

(b) regulations under section 44 made or to be made by the Welsh
Ministers.

(10) Subsections (11) and (12) also apply in relation to a statutory instrument
10containing—

(a) regulations under section 44 made or to be made by the Secretary of
State,

(b) regulations under section 44 made or to be made by the Welsh
Ministers, and

(c) 15regulations made under section 2 of the Pollution Prevention and
Control Act 1999 (whether by the Secretary of State or the Welsh
Ministers or both).

(11) If in accordance with subsection (2) or (3) (negative resolution procedure)—

(a) either House of Parliament resolves that an address be presented to Her
20Majesty praying that an instrument containing regulations made by the
Secretary of State be annulled, or

(b) the National Assembly for Wales resolves that an instrument
containing regulations made by the Welsh Ministers be annulled,

nothing further is to be done under the instrument after the date of the
25resolution and Her Majesty may by Order in Council revoke the instrument.

(12) If any of the regulations are subject to the affirmative resolution procedure, all
of them are subject to that procedure.

(13) In section 2 of the Pollution Prevention and Control Act 1999, after subsection
(9) there is inserted—

(10) 30See section 45 of the Water Act 2013 for further provision about the
procedure applying to statutory instruments containing both
regulations made under this section and regulations made under
section 44 of that Act.

46 Repeal of certain provisions about culverts

35The following provisions of the Public Health Act 1936 are repealed—

(a) section 262 (power of local authority to require culverting of
watercourses and ditches where building operations in prospect);

(b) section 263 (watercourses in urban districts not to be culverted except
in accordance with approved plans).

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Part 4 Flood insurance

47 Flood insurance

(1) The Secretary of State may by regulations make provision in connection with
5the provision by insurance companies of insurance cover against the risk of
loss of or damage to premises and property within them due to flood, where
the premises are household premises subject to high flood risk.

(2) Regulations under this section are to be made by statutory instrument.

(3) A statutory instrument containing regulations to be made by the Secretary of
10State under this section may not be made unless a draft of the instrument has
been laid before and approved by a resolution of both Houses of Parliament.

Part 5 Miscellaneous

48 Internal drainage boards: procedure for orders confirming reorganisation

(1) 15Schedule 3 to the Land Drainage Act 1991 (procedure for certain orders) is
amended as follows.

(2) In paragraph 4 (publication of order after it is made and availability of special
parliamentary procedure), after sub-paragraph (1) there is inserted—

(1A) But this paragraph does not apply to an order made by the Secretary
20of State confirming a scheme under section 3 of this Act.

(3) In paragraph 5 (orders subject to special parliamentary procedure)—

(a) in sub-paragraph (1), for “this Schedule” there is substituted
“paragraph 4”;

(b) after sub-paragraph (3) there is inserted—

(3A) 25But sub-paragraph (3) does not apply to an order made by the
Secretary of State confirming a scheme under section 3 of this
Act.

49 Internal drainage boards in England: alternative procedure for byelaws

(1) The Land Drainage Act 1991 is amended as follows.

(2) 30In section 65 (land drainage regulations), at the beginning of subsection (2)
there is inserted “Subject to section 66A(4),”.

(3) In section 66 (powers of internal drainage boards and local authorities to make
byelaws), after subsection (5) (procedure) there is inserted—

(5A) Subsection (5) is subject to section 66A(1).

(4) 35After section 66 there is inserted—

66A Alternative procedure for byelaws made by internal drainage boards

(1) The Secretary of State may by regulations —