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Water Bill [HL]


Water Bill [HL]
Part 1 — Abstraction and impounding

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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

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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

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Bill 14953/2
 
 

Water Bill [HL]
Part 1 — Abstraction and impounding

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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

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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

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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

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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

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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

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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—

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       “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

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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”);

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                  (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.”

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     (2)    In section 72 of the WRA (interpretation of Chapter 2), in subsection (1), in the

appropriate places there is inserted—

 

 

Water Bill [HL]
Part 1 — Abstraction and impounding

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                    ““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

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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

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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,

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                         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

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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

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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.

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     (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

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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

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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

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Water Bill [HL]
Part 1 — Abstraction and impounding

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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

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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

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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.

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 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

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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

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                  (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,

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            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.

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     (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,

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           (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)—

 

 

Water Bill [HL]
Part 1 — Abstraction and impounding

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           (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

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(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

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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

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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

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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—

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                    “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,

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                    “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

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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,

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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—

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                  “(ix)                    section 5 of the Water Act 2003,”.

 

 

 
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