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A | |
Bill | |
[AS AMENDED IN STANDING COMMITTEE D] | |
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 Licences to abstract water | |
(1) After section 24 of the Water Resources Act 1991 (c. 57) (in this Act referred to | 5 |
as the “WRA”) there is inserted— | |
“24A Abstraction licences | |
(1) Each licence to abstract water shall be of one of the following three | |
types— | |
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(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 | |
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 | 5 |
transferring water to another source of supply without | |
intervening use (a “transfer licence”); | |
(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 | 10 |
water is to be taken as a reference to all types of licence, unless it is clear | |
that a different meaning is intended.” | |
(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;”, | 15 |
““temporary licence” and “transfer licence” have the meanings given in | |
section 24A above.” | |
2 Restrictions on impounding | |
(1) Section 25 of the WRA (restrictions on impounding) is amended as provided in | |
subsections (2) to (5). | 20 |
(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 | |
or alter any impounding works at any point in any inland | 25 |
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, | |
unless (in either case) the conditions mentioned in subsection (1A) | 30 |
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 | |
means of impounding works is in force; | 35 |
(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 | |
provisions, as for the time being in force, of the licence (whether | 40 |
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. | |
(4) In subsection (5), for “shall not apply to the construction or alteration of any | 45 |
impounding works” there is substituted “shall not apply in respect of any | |
impounding works”. | |
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(5) After subsection (8) there is added— | |
“(9) In relation to impounding works, references to alteration include the | |
removal or partial removal of those works, and cognate expressions | |
shall be construed accordingly.” | |
(6) A licence which— | 5 |
(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 | |
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, | 10 |
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 | |
subsection (1)(b) there is substituted— | |
“(b) in relation to— | |
(i) the construction or alteration by the Agency of | 15 |
impounding works; and | |
(ii) the obstruction or impeding by the Agency of the flow | |
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 | 20 |
inserted “is, or”. | |
(9) In section 72 of the WRA (interpretation of Chapter 2), in subsection (1), in the | |
definition of “the restriction on impounding works”, for “25(1)” there is | |
substituted “25(1)(a) and (b)”. | |
(10) Subject to section 3 of this Act, the amendments of the WRA made by this | 25 |
section apply (as regards any act or omission after this section comes into force) | |
with respect to impounding works whenever constructed. | |
3 Existing impounding works | |
(1) Except as provided in subsection (3), the restriction in section 25(1)(b) of the | |
WRA (as substituted by section 2 of this Act) does not apply in respect of any | 30 |
existing unlicensed impounding works. | |
(2) With respect to any existing unlicensed impounding works to which, but for | |
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— | 35 |
(a) the period of 28 days beginning with— | |
(i) the date of service of the notice, or | |
(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 | 40 |
(b) such extended period as may be agreed in writing between the Agency | |
and that person, | |
the restriction in section 25(1)(b) of the WRA applies in respect of the | |
impounding works from the expiry of that period. | |
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(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. | |
(5) The appropriate authority may by regulations make provision with respect | |
to— | 5 |
(a) the grounds upon which notices of appeal may be served under | |
subsection (4), | |
(b) the manner in which such notices shall be served, | |
(c) the period within which such notices shall be served, | |
(d) the procedure on any such appeal. | 10 |
(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. | 15 |
(7) Subsections (4) to (6) are subject to section 114 of the Environment Act 1995 | |
(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 | 20 |
licence were granted, be authorised by that licence is to differ in any material | |
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), | 25 |
subsection (3) of that section shall apply as if that licence had been granted | |
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 | 30 |
any contravention of section 25(1) of the WRA in respect of those impounding | |
works. | |
(11) Nothing in the preceding subsections affects the application of section 25(1)(a) | |
of the WRA (as substituted by section 2 of this Act) to the alteration, after the | |
effective date, of any existing unlicensed impounding works. | 35 |
(12) In this section— | |
“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 2 of this Act comes into | 40 |
force, | |
“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 | 45 |
Agency to have responsibility in respect of the impounding works in | |
question, and | |
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“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, | |
and | 5 |
(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— | |
“(ix) section 3 of the Water Act 2003,”. | 10 |
4 Existing impounding works: works notices | |
(1) Without prejudice to the Environment Agency’s power under subsection (2) of | |
section 3, where it appears to the Agency to be necessary for— | |
(a) the protection of the environment, or | |
(b) the performance of its functions in connection with the management of | 15 |
water resources, | |
the Agency may serve a works notice on any relevant person with respect to | |
any existing unlicensed impounding works of the kind mentioned in | |
subsection (2) of that section. | |
(2) For the purposes of subsection (1), a works notice is a notice requiring the | 20 |
person on whom it is served to carry out such works or operations in relation | |
to the impounding works as— | |
(a) appear to the Environment Agency to be required for the purposes | |
mentioned in subsection (1)(a) or (b), and | |
(b) are specified in the notice. | 25 |
(3) The following provisions of the WRA apply in relation to works notices under | |
this section as they apply in relation to notices referred to in those provisions— | |
(a) subsections (5) to (9) of section 25A (as inserted by section 30 of this | |
Act), and | |
(b) sections 161B and 161C, | 30 |
including any power to make regulations or give directions, but references in | |
those provisions to the Secretary of State shall be treated as references to the | |
appropriate authority. | |
(4) If a person on whom the Agency serves a notice under this section fails to | |
comply with any of its requirements, he shall be guilty of an offence. | 35 |
(5) A person who commits an offence under subsection (4) shall be liable— | |
(a) on summary conviction, to a fine not exceeding £20,000; | |
(b) on conviction on indictment, to a fine. | |
(6) If a person on whom a works notice has been served under this section fails to | |
comply with any of its requirements, the Agency may do what that person was | 40 |
required to do and may recover from him any costs or expenses reasonably | |
incurred by the Agency in doing it. | |
(7) If the Agency is of the opinion that proceedings for an offence under subsection | |
(4) would afford an ineffectual remedy against a person who has failed to | |
comply with the requirements of a works notice, the Agency may take | 45 |
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proceedings in the High Court for the purpose of securing compliance with the | |
notice. | |
(8) In this section, “the appropriate authority”, “existing unlicensed impounding | |
works” and “relevant person” have the meanings given in section 3. | |
5 Rights of navigation, harbour and conservancy authorities | 5 |
For section 26 of the WRA (rights of navigation, harbour and conservancy | |
authorities) there is substituted— | |
“26 Rights of navigation, harbour and conservancy authorities | |
(1) Subject to subsection (2) below, the restriction on abstraction shall not | |
apply to any transfer, without intervening use, of water from inland | 10 |
waters described in the first column of the Table below to inland waters | |
described in the corresponding entry in the second column, if the | |
transfer is in the course of, or results from, any operations carried out | |
by a navigation authority, harbour authority or conservancy authority | |
in the carrying out of their functions as such an authority. | 15 |
| | Transfer from | Transfer to | | | | | A water system of the | The same water system. | | | | | authority’s. | | | | | | A water system of the | Inland waters not forming part | | | | | authority’s. | of that water system. | | 20 | | | A supply reservoir of the | A water system of the | | | | | authority’s. | authority’s with which that | | | | | | reservoir is connected. | | |
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(2) Subsection (1) above shall not apply to a transfer of water from a water | |
system to any inland waters outside that water system in order to— | 25 |
(a) empty a dry dock; or | |
(b) introduce into those inland waters all or part of a quantity of | |
water to be abstracted from any connected inland waters in | |
pursuance of a licence to do so granted under this Chapter. | |
(3) The restriction on impounding works shall not apply to— | 30 |
(a) the construction or alteration of impounding works; or | |
(b) the obstruction or impeding of inland waters by means of | |
impounding works, | |
in the course of the performance by a navigation authority, harbour | |
authority or conservancy authority of their functions as such an | 35 |
authority, unless the construction, alteration, obstruction or impeding | |
affects any inland waters in relation to which the authority does not | |
have functions. | |
(4) In this section, references to— | |
(a) an authority’s water system are to a water system in relation to | 40 |
which the authority has functions; | |
(b) an authority’s supply reservoir are to a reservoir— | |
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(i) belonging to a navigation authority; | |
(ii) used for the purposes of supplying that navigation | |
authority’s water system; and | |
(iii) which does not discharge to any inland waters other | |
than that water system. | 5 |
(5) For the purposes of this section, “water system” means the canals, the | |
harbours, or the canals and harbours constituting the system in | |
question— | |
(a) together with the locks, docks, balancing reservoirs, weirs and | |
other works associated with the system (other than any supply | 10 |
reservoir as described in subsection (4)(b) above); but | |
(b) excluding any part of the system which consists of a navigable | |
river or part of one.” | |
6 Rights to abstract small quantities | |
(1) For section 27 of the WRA (rights to abstract small quantities) there is | 15 |
substituted— | |
“27 Rights to abstract small quantities | |
(1) The restriction on abstraction shall not apply to any abstraction of a | |
quantity of water not exceeding twenty cubic metres in any period of | |
twenty-four hours, if the abstraction does not form part of a continuous | 20 |
operation, or of a series of operations, by which a quantity of water | |
which, in aggregate, is more than twenty cubic metres is abstracted | |
during the period. | |
(2) In the case of any abstraction of water from underground strata which | |
falls within subsection (1) above, the restriction imposed by section | 25 |
24(2) above shall not apply— | |
(a) to the construction or extension of any well, borehole or other | |
work; or | |
(b) to the installation or modification of machinery or other | |
apparatus, | 30 |
if the well, borehole or other work is constructed or extended, or the | |
machinery or apparatus is installed or modified, for the purpose of | |
abstracting the water. | |
(3) Where a person is authorised by a licence under this Chapter to carry | |
on a particular abstraction operation (or series of operations), this | 35 |
section does not permit him to carry it on beyond the authorisation | |
conferred by the licence. | |
27A Variation of small quantity threshold | |
(1) The Secretary of State may by order made by statutory instrument | |
provide that section 27(1) above is to have effect in relation to— | 40 |
(a) a geographical area; or | |
(b) a class of inland waters; or | |
(c) a class of underground strata; or | |
(d) a class of inland waters or of underground strata within a | |
geographical area, | 45 |
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