|
| |
| |
A | |
Bill | |
To | |
amend the Water Resources Act 1991 and the Water Industry Act 1991; to | |
make provision with respect to compensation under section 61 of the Water | |
Resources Act 1991; to provide for the establishment and functions of the | |
Water Services Regulation Authority and the Consumer Council for Water, | |
and for the abolition of the office of Director General of Water Services; to | |
make provision in connection with land drainage and flood defence; to amend | |
the Reservoirs Act 1975; to make provision about contaminated land so far as | |
it relates to the pollution of controlled waters; to confer on the Coal Authority | |
functions in relation to the discharge of water from coal mines; to extend the | |
functions of the Environment Agency in relation to the Rivers Esk, Sark and | |
Tweed and their tributaries so far as they are in England; to repeal section 1 of | |
the Metropolis Water Act 1852; and for connected purposes. | |
Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and | |
consent of the Lords Spiritual and Temporal, and Commons, in this present | |
Parliament assembled, and by the authority of the same, as follows:— | |
Part 1 | |
Abstraction and impounding | |
Restrictions on abstraction and impounding | |
1 Duty to conserve water resources | |
The Secretary of State shall have a duty to devise and implement measures to | 5 |
ensure that all entities and persons who use water do so without wasting it. | |
2 Protection of inland surface waters, transitional waters, coastal waters and | |
groundwater | |
(1) The Secretary of State shall by regulations ensure the timely establishment of a | |
working framework that furthers the establishment of practices required by | 10 |
| |
| |
| |
|
| |
| |
Directive 2000/60/EC of the European Parliament and of the Council | |
(hereafter referred to as the “Water Framework Directive”). | |
(2) The regulations under subsection (1) shall in particular— | |
(a) prevent further deterioration of and protect and enhance the status of | |
the aquatic ecosystems and, with regard to their water needs, terrestrial | 5 |
ecosystems and wetlands directly depending on the aquatic | |
ecosystems; | |
(b) promote sustainable water use based on a long term protection of | |
available water resources; | |
(c) enhance the protection and improvement of the aquatic environment | 10 |
through, inter alia, specific measures and targets for the progressive | |
reduction of discharges, emissions and losses of the priority hazardous | |
substances; | |
(d) ensure that for surface water the highest ecological and chemical status | |
possible is achieved, given impacts that could not reasonably be | 15 |
avoided due to the nature of human activity or pollution; | |
(e) for groundwater, ensure the least possible changes to good | |
groundwater status, given impacts that could not reasonably be | |
avoided due to the nature of human activity or pollution; | |
(f) contribute to mitigating the effects of floods and droughts, in particular | 20 |
by measures to be developed as appropriate to each river basin | |
according to policies developed by each river basin management | |
committee (as defined in section 71). | |
(3) The Secretary of State or the National Assembly for Wales, as appropriate, shall | |
set targets for the achievement of the measures set out in subsection (2), the first | 25 |
set of targets to be introduced in December 2004, to be reviewed every six years | |
thereafter. | |
3 Licences to abstract water | |
(1) After section 24 of the Water Resources Act 1991 (c. 57) (in this Act referred to | |
as the “WRA”) there is inserted— | 30 |
“24A Abstraction licences | |
(1) Each licence to abstract water shall be of one of the following three | |
types— | |
(a) a licence to abstract water from one source of supply over a | |
period of twenty-eight days or more for any purpose (a “full | 35 |
licence”); | |
(b) a licence to abstract water from one source of supply over a | |
period of twenty-eight days or more for the purpose of | |
transferring water to another source of supply without | |
intervening use (a “transfer licence”); | 40 |
(c) a licence to abstract water from one source of supply over a | |
period of less than twenty-eight days (a “temporary licence”). | |
(2) In this Act, a reference (however expressed) to a licence to abstract | |
water is to be taken as a reference to all types of licence, unless it is clear | |
that a different meaning is intended.” | 45 |
(2) In section 72 of the WRA (interpretation of Chapter 2), in subsection (1), in the | |
appropriate places there is inserted— | |
| |
| |
|
| |
| |
““full licence” has the meaning given in section 24A above;”, | |
““temporary licence” and “transfer licence” have the meanings given in | |
section 24A above.” | |
4 Restrictions on impounding | |
(1) Section 25 of the WRA (restrictions on impounding) is amended as provided in | 5 |
subsections (2) to (5). | |
(2) For subsection (1) there is substituted— | |
“(1) Subject to the following provisions of this Chapter and to any drought | |
order or drought permit under Chapter 3 of this Part, no person shall— | |
(a) begin, or cause or permit any other person to begin, to construct | 10 |
or alter any impounding works at any point in any inland | |
waters which are not discrete waters; or | |
(b) cause or permit the flow of any inland waters which are not | |
discrete waters to be obstructed or impeded at any point by | |
means of impounding works, | 15 |
unless (in either case) the conditions mentioned in subsection (1A) | |
below are satisfied. | |
(1A) The conditions are— | |
(a) a licence under this Chapter granted by the Agency to obstruct | |
or impede the flow of those inland waters at that point by | 20 |
means of impounding works is in force; | |
(b) the impounding works will not (or, as the case may be, do not) | |
obstruct or impede the flow of the inland waters except to the | |
extent, and in the manner, authorised by the licence; and | |
(c) any other conditions or requirements imposed by the | 25 |
provisions, as for the time being in force, of the licence (whether | |
as to the provision of compensation water or otherwise) are | |
complied with.” | |
(3) In subsection (2), the words “, in circumstances not constituting such a | |
contravention,” are omitted. | 30 |
(4) In subsection (5), for “shall not apply to the construction or alteration of any | |
impounding works” there is substituted “shall not apply in respect of any | |
impounding works”. | |
(5) After subsection (8) there is added— | |
“(9) In relation to impounding works, references to alteration include the | 35 |
removal or partial removal of those works, and cognate expressions | |
shall be construed accordingly.” | |
(6) A licence which— | |
(a) has been granted in respect of particular impounding works, for the | |
purposes of section 25 of the WRA, before the coming into force of | 40 |
subsection (2); and | |
(b) is in force, | |
is to be taken to satisfy the condition referred to in section 25(1A)(a) of that Act, | |
as inserted by subsection (2), in respect of those impounding works. | |
(7) In section 64 of the WRA (abstraction and impounding by the Agency), for | 45 |
| |
| |
|
| |
| |
subsection (1)(b) there is substituted— | |
“(b) in relation to— | |
(i) the construction or alteration by the Agency of | |
impounding works; and | |
(ii) the obstruction or impeding by the Agency of the flow | 5 |
of inland waters by means of impounding works,”. | |
(8) In section 67 of the WRA (ecclesiastical property), in the definition of “relevant | |
land” in subsection (8), in paragraph (b)(i), after “impounding works” there is | |
inserted “is, or”. | |
(9) In section 72 of the WRA (interpretation of Chapter 2), in subsection (1), in the | 10 |
definition of “the restriction on impounding works”, for “25(1)” there is | |
substituted “25(1)(a) and (b)”. | |
(10) Subject to section 5 of this Act, the amendments of the WRA made by this | |
section apply (as regards any act or omission after this section comes into force) | |
with respect to impounding works whenever constructed. | 15 |
5 Existing impounding works | |
(1) Except as provided in subsection (3), the restriction in section 25(1)(b) of the | |
WRA (as substituted by section 4 of this Act) does not apply in respect of any | |
existing unlicensed impounding works. | |
(2) With respect to any existing unlicensed impounding works to which, but for | 20 |
subsection (1), that restriction would apply, the Environment Agency may | |
serve a notice on any relevant person requiring him to apply for a licence. | |
(3) If that person fails to apply for such a licence within— | |
(a) the period of twenty-eight days beginning with— | |
(i) the date of service of the notice, or | 25 |
(ii) if an appeal is brought under subsection (4) and the appeal is | |
dismissed, the date when the decision of the appropriate | |
authority is notified to that person, or | |
(b) such extended period as may be agreed in writing between the Agency | |
and that person, | 30 |
the restriction in section 25(1)(b) of the WRA applies in respect of the | |
impounding works from the expiry of that period. | |
(4) If the relevant person on whom a notice is served under subsection (2) is | |
aggrieved by the service of that notice, he may by notice appeal to the | |
appropriate authority. | 35 |
(5) The appropriate authority may by regulations make provision with respect | |
to— | |
(a) the grounds upon which notices of appeal may be served under | |
subsection (4), | |
(b) the manner in which such notices shall be served, | 40 |
(c) the period within which such notices shall be served, | |
(d) the procedure on any such appeal. | |
(6) Where an appeal is brought under subsection (4)— | |
| |
| |
|
| |
| |
(a) the appropriate authority may allow or dismiss the appeal or reverse or | |
vary any part of the decision of the Agency, whether the appeal relates | |
to that part of the decision or not, and | |
(b) the decision of the appropriate authority shall be final. | |
(7) Subsections (4) to (6) are subject to section 114 of the Environment Act 1995 | 5 |
(c. 25) (delegation or reference of appeals). | |
(8) On an application for a licence in respect of any existing unlicensed | |
impounding works, section 39(1) of the WRA applies only to the extent that the | |
obstruction or impeding of the flow of inland waters which would, if the | |
licence were granted, be authorised by that licence is to differ in any material | 10 |
respect from that which was taking place at the time the application was made. | |
(9) If a licence granted in respect of existing unlicensed impounding works is | |
revoked or varied in the circumstances mentioned in section 61 of the WRA | |
(compensation where licence modified on direction of the Secretary of State), | |
subsection (3) of that section shall apply as if that licence had been granted | 15 |
when construction of the impounding works began and had remained in force | |
since then. | |
(10) Subsection (9) does not apply to a licence granted in respect of existing | |
unlicensed impounding works if, before the effective date, there had occurred | |
any contravention of section 25(1) of the WRA in respect of those impounding | 20 |
works. | |
(11) Nothing in the preceding subsections affects the application of section 25(1)(a) | |
of the WRA (as substituted by section 4 of this Act) to the alteration, after the | |
effective date, of any existing unlicensed impounding works. | |
(12) In this section— | 25 |
“the appropriate authority” means— | |
(a) in relation to Wales, the Assembly, and | |
(b) otherwise, the Secretary of State, | |
“the effective date” means the date when section 4 of this Act comes into | |
force, | 30 |
“existing unlicensed impounding works” means unlicensed impounding | |
works, the construction of which was begun before the effective date, | |
“licence” means a licence of the kind referred to in section 25 of the WRA, | |
“relevant person” means any person who appears to the Environment | |
Agency to have responsibility in respect of the impounding works in | 35 |
question, and | |
“unlicensed impounding works” means impounding works (as defined in | |
section 25(8) of the WRA) in respect of which— | |
(a) no licence or authorisation of the kind referred to in section 25 | |
of that Act was in force immediately before the effective date, | 40 |
and | |
(b) no such licence has been granted since that date. | |
(13) In section 114 of the Environment Act 1995 (power of Secretary of State to | |
delegate or refer in connection with appeals), in subsection (2)(a), after | |
paragraph (viii) there is inserted— | 45 |
“(ix) section 5 of the Water Act 2003,”. | |
| |
| |
|
