Vote Bundle Text (930918-02)

Amendments proposed to the Water Bill [Lords] - continued	House of Commons

back to previous text

Mr Bill Wiggin
Mr George Osborne
Mr Robert Key

Clause 26, page 31, line 31, at end insert 'and the Environment Agency'.

Mr Robert Key

224

Clause 26, page 31, line 40, at end insert—

'( ) For the purposes of this section "loss or damage" shall not mean any diminution in the value of land'.

Mr Bill Wiggin
Mr George Osborne
Mr Robert Key

Clause 26, page 32, line 15, at end insert—

'(8) It shall be a defence to proceedings brought under this section that the abstractor was abstracting the water in accordance with the provisions of a licence granted under this Chapter.".'.

Norman Baker
Sue Doughty

141

Clause 27, page 32, line 30, leave out subsection (2).

Mr Bill Wiggin
Mr George Osborne
Mr Robert Key

Clause 27, page 32, line 30, leave out 'four' and insert 'six'.

Mr Bill Wiggin
Mr George Osborne
Mr Robert Key

228

Clause 27, page 32, line 30, at end insert 'except in the case of licences where water would otherwise be abstracted for use on land which is subject to phytosanitary restrictions.'.

Mr Bill Wiggin
Mr George Osborne
Mr Robert Key

Clause 27, page 32, line 30, at end insert—

'(2A) After subsection (4) there is inserted—

(a)	any water resource management scheme maintained under section 20, 20A or 20B, or

(b)	any drought plan maintained under section 39B.".'.

Mr Bill Wiggin
Mr George Osborne
Mr Robert Key

Clause 27, page 33, line 7, at end insert—

'(4C) Whenever the Secretary of State determines that compensation should not be paid under this section in respect of the variation of a licence on the grounds set out in subsection (4A) above, the holder of the licence may dispute the determination by referring the dispute to the arbitration of a single arbitrator appointed by the President of the Institution of Civil Engineers.

(4D) When a dispute is referred to arbitration under subsection (4C)—

(a)	the arbitrator shall take into account any representations that the Secretary of State, the Environment Agency or the Authority may wish to submit to him; and

(b)	in making his award the arbitrator may confirm, revoke or vary the whole of the Secretary of State's determination, or any part of the determination whether the reference relates to that part of the determination or not.".'.

Mr Bill Wiggin
Mr George Osborne
Mr Robert Key

Clause 28, page 33, leave out lines 31 to 38.

Mr Bill Wiggin
Mr George Osborne
Mr Robert Key

229

Clause 29, page 34, line 3, at end insert 'or such later date as the Secretary of State may by order prescribe'.

Norman Baker
Sue Doughty

202

Clause 29, page 34, line 11, leave out 'serious' and insert 'significant'.

Mr Bill Wiggin
Mr George Osborne
Mr Robert Key

Clause 29, page 34, line 15, at end insert—

'(1A) When the holder of the licence is a company appointed as a water undertaker under the WIA, the revocation or variation will not—

(a)

require the undertaker, in order to meet all its existing obligations to supply water for domestic or other purposes, together with its probable future obligations to supply buildings and parts of buildings with water for domestic purposes, to incur unreasonable expenditure in carrying out works; or

(b)	otherwise put at risk its ability to meet any of the existing or probable future obligations mentioned in paragraph (a) above.'.

Mr Bill Wiggin
Mr George Osborne
Mr Robert Key

Clause 29, page 34, line 17, at end insert—

'(2A) Whenever the Secretary of State determines under this section that compensation should not be paid under section 61 of the WRA in respect of the revocation or variation of a licence, the holder of the licence may dispute the determination by referring the dispute to the arbitration of a single arbitrator appointed by the President of the Institution of Civil Engineers.

(2B) When a dispute is referred to arbitration under subsection (2A)—

(a)	the arbitrator shall take into account any representations that the Secretary of State, the Environment Agency or the Authority may wish to submit to him; and

(b)	in making his award the arbitrator may confirm, revoke or vary the whole of the Secretary of State's determination, or any part of the determination whether the reference relates to that part of the determination or not.'.

Norman Baker
Sue Doughty

246

Clause 29, page 34, line 21, at end add—

'(4) Where this section applies, in determining any proposals to revoke or vary a licence to abstract water, the Secretary of State shall have regard to the reasonable requirements of the abstractor, including, in relation to businesses, the existing and planned commitment of resources.'.

Mr Bill Wiggin
Mr George Osborne
Mr Robert Key

Page 34, line 1, leave out Clause 29.

Norman Baker
Sue Doughty

203

Clause 30, page 35, line 6, after 'shall', insert 'put these arrangements in the public domain and'.

Mr Bill Wiggin
Mr George Osborne
Mr Robert Key
Mr Simon Thomas

Clause 30, page 35, line 7, at end insert 'and these arrangements shall be put in the public domain'.

Norman Baker
Sue Doughty

204

Clause 31, page 35, line 17, leave out from beginning to 'or' and insert 'reasonable terms'.

Norman Baker
Sue Doughty

205

Clause 31, page 35, line 20, leave out from 'on' to end of line 21 and insert 'reasonable terms'.

Norman Baker
Sue Doughty

206

Clause 32, page 36, line 15, leave out 'significant'.

Mr Bill Wiggin
Mr George Osborne
Mr Robert Key

Clause 32, page 37, line 30, after 'conviction', insert 'by the high court'.

Norman Baker
Sue Doughty

207

Clause 32, page 37, line 30, leave out '£20,000' and insert '£50,000'.

NEW CLAUSES RELATING TO PART 1 (EXCEPT CLAUSE 33)

Commencement and expiry of licences

Mr Bill Wiggin
Mr George Osborne
Mr Robert Key

NC1

To move the following Clause—

'After section 46 of the WRA there is inserted—

46B Commencement and expiry of licences

(1) A licence granted under this Chapter to abstract water—

(a)	to prevent interference with any mining, quarrying or engineering operations (whether underground or surface); or

(b)	to prevent damage to works resulting from such operations ('de-watering abstractions');

(2) In all other respects, reference in this chapter to the date on which a licence is stated to take effect and on which it expires, insofar as a licence for the de-watering abstraction is concerned, refers to the commencement and expiry dates comprised in any planning permission authorising the mining, quarrying or engineering operations relevant to the de-watering abstraction.".'.

Renewal of licences (mines and quarries)

Mr Bill Wiggin
Mr George Osborne
Mr Robert Key

NC2

'After section 46 of the WRA there is inserted—

46ZA Renewal of licences (mines and quarries)

(1) An application to renew a licence granted under this Chapter to abstract water—

(a)	to prevent interference with any mining, quarrying or engineering operations (whether underground or surface); or

(b)	to prevent damage to works resulting from such operations ('de-watering abstractions');

(2) Those tests are that it can be reasonably demonstrated that—

(a)	environmental sustainability can be achieved;

(b)	the need for the licence is demonstrable; and

(c)	the water extracted under the licence is being and will be used efficiently and effectively.

(4) Where an application to renew a licence under the preceding provisions of this section is refused, a person who made the application may appeal to the Secretary of State within such period and subject to such procedures as may be prescribed by order.

46ZB Renewal of licences (mines and quarries): compensation

Where an application to renew a licence is refused under section 46ZA above, or the terms of the licence are varied and the effect of the resultant restriction of working rights would be such as to prejudice adversely to an unreasonable degree—

(a)	the economic viability of operating the site; or

(b)	the asset value of the site,

compensation shall be payable in accordance with arrangements prescribed by order.".'.