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(b) by authorising the acquisition by the Authority of any rights | |
over land which is to be or has been acquired by the Authority, | |
to provide for the extinguishment of those rights. | |
(3) Without prejudice to the generality of subsection (1) above, the land | |
which the Authority may be authorised under that subsection to | 5 |
purchase compulsorily shall include land which is or will be required | |
for the purpose of being given in exchange for, or for any right over, | |
any other land which for the purposes of the Acquisition of Land Act | |
1981 is or forms part of a common, open space or a fuel or field garden | |
allotment. | 10 |
(4) The Acquisition of Land Act 1981 shall apply to any compulsory | |
purchase under subsection (1) above of any land by the Authority; and | |
Schedule 3 to that Act shall apply to the compulsory acquisition under | |
that subsection of rights by the creation of new rights. | |
(5) Schedule 1B to this Act shall have effect for the purpose of modifying | 15 |
enactments relating to compensation and the provisions of the | |
Compulsory Purchase Act 1965 in their application in relation to the | |
compulsory acquisition under subsection (1) above of a right over land | |
by the creation of a new right.” | |
(2) Schedules 5 and 6 (which respectively insert Schedules 1A and 1B into the Coal | 20 |
Industry Act 1994 (c. 21)) are to have effect. | |
(3) In subsection (7) of section 68 of the Coal Industry Act 1994 (extent, etc), before | |
paragraph (a) there is inserted— | |
“(za) sections 4A to 4C and Schedules 1A and 1B;”. | |
Contaminated land | 25 |
86 Contaminated land: pollution of controlled waters | |
(1) The Environmental Protection Act 1990 (c. 43) is amended as follows. | |
(2) In section 78A (which contains provisions for the interpretation of Part 2A of | |
the 1990 Act, relating to contaminated land)— | |
(a) for subsection (2)(b) there is substituted— | 30 |
“(b) significant pollution of controlled waters is being | |
caused or there is a significant possibility of such | |
pollution being caused;”, | |
(b) in subsection (5)— | |
(i) in paragraph (a), after “harm” there is inserted “or pollution of | 35 |
controlled waters”, | |
(ii) in paragraph (b), after “harm” there is inserted “or of significant | |
pollution of controlled waters”, and | |
(iii) paragraph (c) is omitted, | |
(c) in subsection (6)— | 40 |
(i) in paragraph (a), after “systems” there is inserted “, or of | |
poisonous, noxious or polluting matter or solid waste matter”, | |
(ii) in paragraph (b), after “places” there is inserted “or controlled | |
waters, or different degrees of pollution”, and | |
(iii) after “significant harm” there is inserted “or of significant | 45 |
pollution”, | |
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(d) in subsection (7)(b)(i), before “pollution” there is inserted “significant”, | |
(e) in subsection (8), for the words from “pollution” to the end there is | |
substituted “significant pollution of those waters is being caused or | |
there is a significant possibility of such pollution being caused”, and | |
(f) in subsection (9), in paragraph (a) of the definition of “controlled | 5 |
waters”, after “1991” there is inserted “except that “ground waters” | |
does not include waters contained in underground strata but above the | |
saturation zone”. | |
(3) In section 78C (identification and designation of special sites), in subsection | |
(10)— | 10 |
(a) in paragraph (a)(ii), for “be, or would be likely to be, caused” there is | |
substituted “or might be caused”, and | |
(b) in paragraph (b), before “pollution” there is inserted “significant”. | |
(4) In section 78E (duty of enforcing authority to require remediation of | |
contaminated land), in subsection (4)(b), after “or” there is inserted “of the”. | 15 |
(5) In section 78K (liability in respect of contaminating substances which escape to | |
other land), in each of subsections (3) and (4), for the words from “is being | |
caused” to “likely to be caused” there is substituted “, or significant pollution | |
of controlled waters, is being caused, or there is a significant possibility of such | |
harm or pollution being caused”. | 20 |
(6) In section 78X (supplementary provisions relating to contaminated land)— | |
(a) in subsection (1)— | |
(i) for paragraph (b) there is substituted— | |
“(b) significant pollution of controlled waters is | |
being caused or there is a significant possibility | 25 |
of such pollution being caused,”, and | |
(ii) for the words from “is being caused, or” to “likely to be caused” | |
there is substituted “, or significant pollution of controlled | |
waters, is being caused, or there is a significant possibility of | |
such harm or pollution being caused”, and | 30 |
(b) in subsection (2), for the words from “is being caused” to “likely to be, | |
caused” there is substituted “, or significant pollution of controlled | |
waters, is being caused, or there is a significant possibility of such harm | |
or pollution being caused”. | |
(7) In section 78YB (interaction of Part 2A of the Environmental Protection Act | 35 |
1990 with other enactments), in each of subsections (1)(b) and (2), before | |
“pollution” there is inserted “significant”. | |
Discharge consents | |
87 Transfer of discharge consents | |
(1) Paragraph 11 of Schedule 10 to the WRA (transfer of discharge consents) is | 40 |
amended as follows. | |
(2) In sub-paragraph (2), the words “, subject to sub-paragraph (4) below,” are | |
omitted. | |
(3) In sub-paragraph (3), the words “, subject to sub-paragraph (4) below,” are | |
omitted. | 45 |
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(4) Sub-paragraph (4) is omitted. | |
(5) For sub-paragraph (6) there is substituted— | |
“(6) Where a consent under paragraph 3 or 6 above is to be transferred | |
under sub-paragraph (1) above— | |
(a) the person from whom and the person to whom the consent | 5 |
is to be transferred shall give joint notice to the Agency of the | |
proposed transfer; | |
(b) the notice may specify the date on which it is proposed that | |
the transfer should take effect; | |
(c) within twenty-one days beginning with the date of receipt of | 10 |
the notice duly given in accordance with sub-paragraph (6A) | |
below, the Agency shall— | |
(i) arrange to amend the consent by substituting the | |
name of the transferee as holder of the consent; and | |
(ii) serve notice on the transferor and the transferee that | 15 |
the amendment has been made; and | |
(d) the transfer shall take effect from the later of— | |
(i) the date on which the Agency amends the consent; | |
and | |
(ii) the date (if any) specified in the joint notice under | 20 |
paragraph (a) above. | |
(6A) A joint notice under sub-paragraph (6)(a) above shall include such | |
information as may be prescribed. | |
(6B) If the person from whom the consent is to be transferred is a person | |
in whom the consent has vested by virtue of sub-paragraph (2) or (3) | 25 |
above, a joint notice given under sub-paragraph (6)(a) above shall be | |
of no effect unless the notice required by sub-paragraph (7) below | |
has been given. | |
(6C) A notice or other instrument given by or on behalf of the Agency | |
pursuant to sub-paragraph (6) above shall not constitute an | 30 |
instrument signifying the consent of the Agency for the purposes of | |
paragraph 8 above.” | |
(6) In sub-paragraph (9), the words “(6) or” are omitted. | |
Trade effluent consents | |
88 Trade effluent consents | 35 |
(1) For section 139 of the WIA (power to apply Chapter 3 of Part 4 of the WIA to | |
other effluents) there is substituted— | |
“139 Power to apply Chapter 3 to specified activities | |
(1) The Secretary of State may by order provide, in relation to discharge | |
into public sewers— | 40 |
(a) that a liquid or other matter of a description specified in the | |
order shall be treated as if it were trade effluent for the purposes | |
of this Chapter; or | |
(b) that— | |
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(i) the discharge restrictions shall not apply to a liquid or | |
other matter of a description specified in the order; and | |
(ii) (in the case of a liquid) the liquid shall be deemed not to | |
be trade effluent for the purposes of this Chapter. | |
(2) An order under subsection (1) above may so provide whether or not the | 5 |
liquid or other matter specified would otherwise have fallen within (or, | |
as the case may be, outside) a proper construction of “trade effluent” as | |
defined in section 141(1) below. | |
(3) An order under subsection (1) above may so provide, in relation to the | |
liquid or other matter specified, either generally or in particular cases | 10 |
or classes of case or for particular purposes or as otherwise specified in | |
the order. | |
(4) In this section, references to the discharge restrictions are references | |
to— | |
(a) the restrictions imposed by paragraphs (a) and (b) of section | 15 |
106(2) above; and | |
(b) the restrictions imposed by section 111 above so far as it relates | |
to anything falling within paragraph (a) or (b) of subsection (1) | |
of that section. | |
(5) Where any provisions of this Chapter are to apply to a liquid or other | 20 |
matter by virtue of an order under subsection (1)(a) above, the order | |
may provide for them so to apply subject to such modifications as may | |
be specified in the order and, in particular, subject to any such | |
modification of the meaning for the purposes of this Chapter of the | |
expression “trade premises” as may be so specified. | 25 |
(6) The Secretary of State may include in an order under subsection (1) | |
above such provisions as appear to him expedient for modifying any | |
enactment as that enactment applies in relation to the discharge into | |
sewers of any liquid or other matter specified in the order. | |
(7) Where the discharge restrictions do not apply to a liquid by virtue of an | 30 |
order under subsection (1)(b) above, subsections (3) to (8) of section 106 | |
above and sections 108 and 109 above shall have effect in relation to | |
communication with a sewer for the purpose of making any discharge | |
of that liquid as they apply in relation to any other discharges which are | |
authorised by subsection (1) of section 106 above. | 35 |
(8) The Secretary of State may include in an order under this section such | |
other supplemental, incidental or transitional provision as appears to | |
him to be expedient. | |
(9) The power to make an order under this section shall be exercisable by | |
statutory instrument, but such an instrument shall not be made unless | 40 |
a draft of the instrument has been laid before, and approved by a | |
resolution of, each House of Parliament. | |
(10) In this section, references to a liquid are to a liquid either with or | |
without particles of matter in suspension in the liquid.” | |
(2) In section 94 of the WIA (general duty to provide sewerage system), in | 45 |
subsection (5), at the end there is added “; and, accordingly, section 139 below | |
shall have effect for the purposes of this section as it has effect for the purposes | |
of Chapter 3 of this Part.”. | |
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(3) In section 138 of the WIA (meaning of “special category effluent”), subsection | |
(5) is omitted. | |
(4) In section 141 of the WIA (interpretation of Chapter 3), in subsection (1), after | |
“requires” there is inserted “and subject to section 139 above”. | |
(5) In section 171 of the WIA (entry for sewerage purposes), in subsection (3), after | 5 |
“trade effluent” there is inserted “or any other liquid or substance”. | |
89 Trade effluent consents: conditions of consent | |
(1) In section 119 of the WIA (application for consent)— | |
(a) after paragraph (a) of subsection (2) there is inserted— | |
“(ab) the steps proposed to be taken, in relation to the | 10 |
discharge or by way of subjecting any substance likely | |
to affect the description of matter discharged to | |
treatment or any other process, for minimising— | |
(i) the polluting effects of the discharge on any | |
controlled waters; and | 15 |
(ii) the impact of the discharge on sewerage | |
services;”, | |
(b) after subsection (2) there is inserted— | |
“(3) In this section “controlled waters” has the meaning given by | |
section 104 of the Water Resources Act 1991.” | 20 |
(2) In section 121 of the WIA (conditions of consent)— | |
(a) after paragraph (b) of subsection (1) there is inserted— | |
“(ba) the steps to be taken, in relation to the discharge or by | |
way of subjecting any substance likely to affect the | |
description of the matter discharged to treatment or any | 25 |
other process, for minimising— | |
(i) the polluting effects of the discharge on any | |
controlled waters; and | |
(ii) the impact of the discharge on sewerage | |
services;”, | 30 |
(b) in subsection (6), at the end there is inserted “and “controlled waters” | |
has the meaning given by section 104 of the Water Resources Act 1991”. | |
Water mains, etc | |
90 Water main requisitions: financial conditions | |
(1) Section 42 of the WIA (financial conditions of compliance with water main | 35 |
requisition) is amended as follows. | |
(2) In subsection (2), for paragraph (a) there is substituted— | |
“(a) bind the person or persons mentioned in that subsection to pay | |
to the undertaker either (at the election of such person or | |
persons)— | 40 |
(i) in respect of each of the twelve years following the | |
provision of the main, an amount not exceeding the | |
relevant deficit (if any) for that year on that main; or | |
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(ii) following provision of the main, a single amount not | |
exceeding the discounted aggregate deficit on that main; | |
and”. | |
(3) In subsection (6), for the words from “shall be referred” to the end there is | |
substituted “may be referred to the Authority for determination under section | 5 |
30A above by either party to the dispute.”. | |
(4) For subsection (7) there is substituted— | |
“(7) In this section “relevant deficit” and “discounted aggregate deficit” | |
have the meanings given by sections 43 and 43A below, respectively.” | |
(5) The amendments made by subsections (2) to (4) of this section do not apply in | 10 |
respect of water main requisitions (as defined in section 43(9) of the WIA) for | |
which notice has been served under section 41(1) of that Act before the | |
commencement of the subsection in question. | |
91 Water main requisitions: calculation of payments | |
(1) In section 43 of the WIA (calculation of “relevant deficit” for the purposes of | 15 |
section 42)— | |
(a) in paragraph (b) of subsection (4), after “providing” there is inserted “or | |
procuring the provision of”, | |
(b) for subsection (5) there is substituted— | |
“(5) In subsection (4) above the reference to an earlier main, in | 20 |
relation to the new main, is a reference to any water main | |
which— | |
(a) has been provided in pursuance of a water main | |
requisition; or | |
(b) has been vested (by virtue of a declaration made under | 25 |
this Chapter) in the water undertaker, | |
in the period of twelve years immediately before the provision | |
of the new main.”, | |
(c) in subsection (8), in paragraph (b), for “that has already been provided” | |
there is substituted “in respect of which the conditions referred to in | 30 |
section 42(1) above have already been satisfied.” | |
(2) After section 43 of the WIA there is inserted— | |
“43A Calculation of “discounted aggregate deficit” for the purposes of | |
section 42 | |
(1) For the purposes of section 42 above the discounted aggregate deficit | 35 |
on a water main is the amount equal to the sum of the estimated | |
relevant deficits for each of the twelve years following the provision of | |
the main, in each case discounted in accordance with subsection (6) | |
below. | |
(2) The estimated relevant deficit for any year is the amount (if any) by | 40 |
which the estimated revenue in respect of the water main for that year | |
would be exceeded by the annual borrowing costs of a loan of the | |
amount required for the provision of that main. | |
(3) Subsections (2) to (6), (8) and (9) of section 43 above (which relate to the | |
annual borrowing costs of a loan of the amount required for the | 45 |
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provision of a water main) shall apply for the purposes of this section | |
as they apply for the purposes of that. | |
(4) Any reference in this section to the estimated revenue in respect of a | |
water main for any year— | |
(a) in relation to premises expected to be connected with the main | 5 |
and supplied with water by a water undertaker, is a reference to | |
so much of the aggregate of any charges expected to be payable | |
to the undertaker for the provision of services in the course of | |
that year as would represent charges— | |
(i) imposed by the undertaker in relation to those premises, | 10 |
and | |
(ii) reasonably attributable to the provision of a supply of | |
water (whether or not for domestic purposes) to those | |
premises by means of that main; and | |
(b) in relation to premises expected to be connected with the main | 15 |
and supplied with water by a licensed water supplier, is a | |
reference to so much of the aggregate of any charges expected | |
to be made during the course of that year as would be— | |
(i) payable by the supplier to the undertaker in respect of | |
the duty under section 66A(2)(b), 66B(3)(b) or | 20 |
66C(2)(b)(ii) below; and | |
(ii) reasonably attributable to the use of that main for the | |
purpose of the supplier’s supplying water to those | |
premises. | |
(5) For the purpose of calculating estimated revenue under subsection (4) | 25 |
above, a thing is expected to be the case if, at the time the calculation is | |
made, it is reasonably likely to occur. | |
(6) The estimated relevant deficit for a year mentioned in subsection (1) | |
above shall be discounted in order to determine its net present value by | |
applying such factor, and in accordance with such other provision, as | 30 |
may be determined by the Authority. | |
(7) A determination made by the Authority for the purposes of subsection | |
(6) above— | |
(a) may be made in relation to the provision of a particular water | |
main or in relation to the provision of water mains generally; | 35 |
and | |
(b) may be revoked at any time except in relation to a water main | |
in respect of which the conditions referred to in section 42(1) | |
above have already been satisfied.” | |
(3) Section 44 of the WIA (determination of completion date and route for | 40 |
requisitioned main) is amended as follows— | |
(a) in subsection (1), for paragraph (b) there is substituted— | |
“(b) the water undertaker has not, before the end of that | |
period, so laid the water main to be provided as to | |
enable (as the case may be)— | 45 |
(i) service pipes to premises in that locality; or | |
(ii) a water main which is the subject of an | |
agreement under section 51A below (“the self- | |
laid main”), | |
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