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76 Service of documents | |
(1) In section 15(4) of the Reservoirs Act 1975 (c. 23) (reserve powers of | |
enforcement authorities) for “section 233 of the Local Government Act 1972” | |
there is substituted “section 123 of the Environment Act 1995 as it is applied by | |
section 22A of this Act”. | 5 |
(2) After section 22 of that Act there is inserted— | |
“22A Service of notices by the Environment Agency | |
Section 123 of the Environment Act 1995 (service of documents) applies | |
to any document authorised or required by virtue of any provision of | |
this Act to be served or given by the Environment Agency as if it were | 10 |
authorised or required to be served or given by or under that Act.” | |
77 Flood plans: large raised reservoirs | |
After section 12 of the Reservoirs Act 1975 there is inserted— | |
“Flooding | |
12A Flood plans: large raised reservoirs | 15 |
(1) The Secretary of State may, by written notice served on the undertakers | |
in relation to a large raised reservoir, direct them to prepare a plan (a | |
“flood plan”) setting out the action they would take in order to control | |
or mitigate the effects of flooding likely to result from any escape of | |
water from the reservoir. | 20 |
(2) A direction may in particular— | |
(a) specify the matters to be included in the flood plan; | |
(b) require the flood plan to be prepared in accordance with such | |
methods of technical or other analysis as may be specified by | |
the Environment Agency; | 25 |
(c) require the flood plan, or any information about the matters | |
contained in it, to be given to the Environment Agency at such | |
time or times as may be directed by that Agency or by the | |
Secretary of State; | |
(d) require a copy of the flood plan to be sent to such persons as | 30 |
may be specified in the direction; | |
(e) require publication of the flood plan, in such manner as may be | |
specified in the direction, for the purpose of bringing the | |
matters contained in the flood plan to the attention of persons | |
likely to be interested. | 35 |
(3) Before giving a direction under this section the Secretary of State shall | |
consult— | |
(a) the undertakers concerned; | |
(b) the Environment Agency; | |
(c) if the reservoir concerned is in England, the county council, | 40 |
metropolitan district council or London borough council in | |
whose area the reservoir is situated; | |
(d) if the reservoir concerned is in Wales, the county council or | |
county borough council in whose area the reservoir is situated; | |
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(e) such persons appearing to the Secretary of State to represent the | |
emergency services in the area where the reservoir is situated; | |
and | |
(f) such other persons (if any) as the Secretary of State considers | |
appropriate. | 5 |
(4) If— | |
(a) the functions of the Secretary of State under the preceding | |
provisions of this section are transferred to the National | |
Assembly for Wales so far as exercisable in relation to Wales; | |
(b) no direction has been given by the Assembly under subsection | 10 |
(1) above in relation to a reservoir in Wales; and | |
(c) it appears to the Secretary of State that it is necessary or | |
expedient in the interests of public safety in England that such | |
a direction be given, | |
he may give a direction under that subsection in relation to that | 15 |
reservoir. | |
(5) This section is subject to section 12B below.” | |
78 National security | |
(1) In section 2 of the Reservoirs Act 1975 (c. 23) (registration of reservoirs and | |
enforcement of Act, etc), after subsection (2) there is inserted— | 20 |
“(2A) If it appears to the Secretary of State that the inclusion of any | |
information in the register maintained under subsection (2) above by | |
the Environment Agency would be contrary to the interests of national | |
security, he may direct the Agency not to include that information in | |
the register.” | 25 |
(2) After section 12A of that Act (which is inserted by section 77 of this Act) there | |
is inserted— | |
“12B Flood plans and national security | |
(1) If it appears to the Secretary of State that in the interests of national | |
security any person or class of persons referred to in any one or more | 30 |
of paragraphs (a) to (e) of section 12A(3) above should not be consulted | |
about a proposed direction, he may treat that subsection as not | |
referring to that person or to that class of person. | |
(2) In relation to any reservoir (whether a large raised reservoir or not, as | |
the case may be) the Secretary of State may, by written notice served on | 35 |
the undertakers, require them not to publish, or not to publish except | |
as specified in the notice— | |
(a) a flood plan prepared by them pursuant to a notice given under | |
section 12A above; | |
(b) any corresponding plan prepared by them other than pursuant | 40 |
to such a notice, | |
and a notice under this subsection may also require the undertakers to | |
withhold access to any such plan from any person except as specified | |
in the notice.” | |
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79 Offences | |
(1) Section 22 of the Reservoirs Act 1975 (c. 23) (criminal liability of undertakers | |
and their employees) is amended as follows. | |
(2) In subsection (1), the word “or” at the end of paragraph (a) is omitted, and at | |
the end of paragraph (b) there is inserted “or | 5 |
“(c) the undertakers fail to comply with a direction under section | |
12A above;”. | |
(3) After subsection (1) there is inserted— | |
“(1A) If the undertakers fail without reasonable excuse to comply with a | |
notice under section 12B above, they shall be guilty of an offence and | 10 |
liable— | |
(a) on summary conviction, to a fine not exceeding the statutory | |
maximum; | |
(b) on conviction on indictment, to imprisonment for a term not | |
exceeding two years, or to a fine, or to both.” | 15 |
80 Crown application | |
After section 27 of the Reservoirs Act 1975 there is inserted— | |
“Crown application | |
27A Crown application | |
(1) Subject to the provisions of this section, this Act binds the Crown. | 20 |
(2) No contravention by the Crown of any provision made by or under this | |
Act shall make the Crown criminally liable; but the High Court may, on | |
the application of the Environment Agency, declare unlawful any act or | |
omission of the Crown which constitutes such a contravention. | |
(3) Notwithstanding anything in subsection (2) above, the provisions of | 25 |
this Act shall apply to persons in the public service of the Crown as they | |
apply to other persons. | |
(4) If the Secretary of State certifies that it appears to him, as respects any | |
Crown premises and any power of entry exercisable in relation to them | |
specified in the certificate, that it is requisite or expedient that, in the | 30 |
interests of national security, the powers should not be exercisable in | |
relation to those premises, those powers shall not be exercisable in | |
relation to those premises. | |
(5) Subject to subsection (4) above, the power conferred by section 17 | |
above shall be exercisable in relation to land in which there is a Crown | 35 |
or Duchy interest only with the consent of the appropriate authority. | |
(6) Nothing in this section shall be taken as in any way affecting Her | |
Majesty in Her private capacity; and this subsection shall be construed | |
as if section 38(3) of the Crown Proceedings Act 1947 (interpretation of | |
references to Her Majesty in Her private capacity) were contained in | 40 |
this Act. | |
(7) In this section— | |
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“the appropriate authority” has the same meaning as it has in Part | |
13 of the Town and Country Planning Act 1990 by virtue of | |
section 293(2) of that Act; | |
“Crown or Duchy interest” means an interest which belongs to | |
Her Majesty in right of the Crown or of the Duchy of Lancaster, | 5 |
or to the Duchy of Cornwall, or belonging to a government | |
department or held in trust for Her Majesty for the purposes of | |
a government department; | |
“Crown premises” means premises held by or on behalf of the | |
Crown. | 10 |
(8) The provisions of subsection (3) of section 293 of the Town and Country | |
Planning Act 1990 (questions relating to Crown application) as to the | |
determination of questions shall apply for the purposes of this section.” | |
Water conservation | |
81 Duty to encourage water conservation | 15 |
(1) The relevant authority must, where appropriate, take steps to encourage the | |
conservation of water. | |
(2) The relevant authority is— | |
(a) the Secretary of State, in relation to England, | |
(b) the Assembly, in relation to Wales. | 20 |
(3) After the period of three years beginning with the date on which this section | |
comes into force, and after each succeeding period of three years, the Secretary | |
of State must prepare a report about the steps taken by him under this section, | |
and about any such steps which he proposes to take. | |
(4) The Assembly may make an order requiring the preparation by it of | 25 |
corresponding reports, and such an order may make provision about when, or | |
in relation to what periods, they are to be prepared. | |
(5) Each such report must— | |
(a) if prepared by the Secretary of State, be laid before Parliament, | |
(b) if prepared by the Assembly, be laid before, and published by, the | 30 |
Assembly. | |
82 Water conservation: requirements on relevant undertakers | |
In section 3(2)(a) of the WIA (environmental duties in relation to proposals | |
relating to the functions of a relevant undertaker), after “special interest” there | |
is inserted “and, in the case of the exercise of such a power by a company | 35 |
holding an appointment as a relevant undertaker, as to further water | |
conservation”. | |
83 Water conservation by public authorities | |
(1) In exercising its functions and conducting its affairs, each public authority shall | |
take into account, where relevant, the desirability of conserving water supplied | 40 |
to premises. | |
(2) In subsection (1), “public authority” means any of the following— | |
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(a) a Minister of the Crown (within the meaning of the Ministers of the | |
Crown Act 1975 (c. 26)), | |
(b) a Government department, | |
(c) the Assembly, | |
(d) a local authority (within the meaning of section 270(1) of the Local | 5 |
Government Act 1972 (c. 70)), | |
(e) a person holding an office— | |
(i) under the Crown, | |
(ii) created or continued in existence by a public general Act, or | |
(iii) the remuneration in respect of which is paid out of money | 10 |
provided by Parliament, | |
(f) a statutory undertaker (being any person who, by virtue of section 262 | |
of the Town and Country Planning Act 1990 (c. 8) is a statutory | |
undertaker for any purpose), and | |
(g) any other public body of any description. | 15 |
Fire hydrants | |
84 Fire hydrants | |
(1) After subsection (4) of section 57 of the WIA (duty to supply water etc for fire- | |
fighting) there is inserted— | |
“(4A) Where a fire-hydrant is removed (other than at the request of the fire | 20 |
authority concerned) by a water undertaker in the course of carrying | |
out works in relation to any of its water mains or other pipes, the cost | |
of replacing the fire-hydrant shall be borne by the undertaker.” | |
(2) After subsection (4) of section 58 of the WIA (specially requested fire-hydrants) | |
there is inserted— | 25 |
“(4A) Where a specially requested fire-hydrant is removed (other than at the | |
request of the owner or occupier of the factory or place of business in | |
question) by a water undertaker in the course of carrying out works in | |
relation to any of its water mains or other pipes, the cost of replacing | |
the fire-hydrant shall be borne by the undertaker.” | 30 |
Coal mine water pollution | |
85 Control of water from coal mines | |
(1) After section 4 of the Coal Industry Act 1994 (c. 21) there is inserted— | |
“4A Power of the Authority with respect to coal mine water discharge | |
(1) The Authority may take such action as it considers appropriate (if any) | 35 |
for the purpose of preventing, or mitigating the effect of, the discharge | |
of water from a coal mine into or on to any land or into any controlled | |
waters. | |
(2) In this section and sections 4B and 4C below— | |
(a) “controlled waters” has the meaning given by section 104 of the | 40 |
Water Resources Act 1991; and | |
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(b) references to coal mines are to coal mines vested in the | |
Authority. | |
4B Coal mine water discharge: powers of entry | |
(1) If the Authority is of the opinion that a discharge of water from a coal | |
mine into or on to any land or into any controlled waters has caused, is | 5 |
causing or is likely to cause— | |
(a) serious pollution of the environment; or | |
(b) danger to life or health, | |
the Authority may, for any purpose specified in subsection (2) below, | |
in writing authorise a person to exercise, in accordance with the terms | 10 |
of the authorisation, any of the powers specified in subsection (3) | |
below. | |
(2) The purposes are— | |
(a) to determine the extent of the pollution or of the danger, or the | |
likelihood of serious pollution or such danger; | 15 |
(b) to determine whether, and, if so, how, the Authority should | |
exercise its power under section 4A above; | |
(c) to take action under that section. | |
(3) The powers are— | |
(a) to enter at any reasonable time (or, in an emergency, at any time | 20 |
and, if need be, using reasonable force) any premises which the | |
authorised person has reason to believe it is necessary for him | |
to enter; | |
(b) to use a vehicle or a boat to do so; | |
(c) on entering any premises by virtue of paragraph (a) above, to | 25 |
take with him— | |
(i) any other person authorised by the Authority and, if the | |
authorised person reasonably believes he is likely to be | |
obstructed, a constable; and | |
(ii) any equipment or materials needed for any purpose for | 30 |
which the power of entry is being exercised; | |
(d) to make such examination and investigation as may in any | |
circumstances be necessary; | |
(e) to take such measurements and photographs and make such | |
recordings as he considers necessary for the purpose of any | 35 |
examination or investigation under paragraph (d) above; | |
(f) to take samples, or cause samples to be taken, of any articles or | |
substances found in or on any premises which he has power to | |
enter, and of the air or water or land in, on, or in the vicinity of, | |
the premises; | 40 |
(g) to require any person to give him such facilities and assistance | |
with respect to any matters or things within that person’s | |
control or in relation to which that person has responsibilities as | |
are necessary to enable the authorised person to exercise any of | |
the powers conferred on him by this section. | 45 |
(4) The powers which are conferred in relation to any land by this section | |
include power, for the purposes mentioned in subsection (2) above— | |
(a) to carry out experimental borings or other works on those | |
premises; and | |
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(b) to install, keep or maintain monitoring and other apparatus | |
there. | |
(5) Except in an emergency, in any case where it is proposed to enter any | |
premises used for residential purposes, or to take heavy equipment on | |
to any premises which are to be entered, any entry by virtue of this | 5 |
section shall only be effected— | |
(a) after the expiration of at least seven days’ notice of the proposed | |
entry given to a person who appears to the authorised person in | |
question to be in occupation of the premises in question; and | |
(b) either— | 10 |
(i) with the consent of a person who is in occupation of | |
those premises; or | |
(ii) under the authority of a warrant by virtue of Schedule | |
1A to this Act. | |
(6) Except in an emergency, where an authorised person proposes to enter | 15 |
any premises and— | |
(a) entry has been refused and he reasonably believes that the use | |
of force may be necessary to effect entry; or | |
(b) he reasonably believes that entry is likely to be refused and that | |
the use of force may be necessary to effect entry, | 20 |
any entry on to those premises by virtue of this section shall be effected | |
only under the authority of a warrant by virtue of Schedule 1A to this | |
Act. | |
(7) In relation to any premises belonging to or used for the purposes of the | |
United Kingdom Atomic Energy Authority, subsections (1) to (3) above | 25 |
shall have effect subject to section 6(3) of the Atomic Energy Authority | |
Act 1954 (which restricts entry to such premises where they have been | |
declared to be prohibited places for the purposes of the Official Secrets | |
Act 1911). | |
(8) Schedule 1A to this Act shall have effect with respect to the powers of | 30 |
entry and related powers which are conferred by this section. | |
(9) In this section, “premises” includes any land, vehicle or vessel, and any | |
plant which is designed to move or be moved (whether or not on | |
roads). | |
4C Coal mine water discharge: compulsory purchase of land | 35 |
(1) The Authority may be authorised by the Secretary of State to purchase | |
compulsorily any land anywhere in England and Wales where he is of | |
the opinion that— | |
(a) the purchase is required by the Authority for the purpose of | |
preventing, or mitigating the effect of, a discharge of water from | 40 |
a coal mine; and | |
(b) the discharge has caused, is causing or is likely to cause | |
significant pollution of controlled waters or serious harm to | |
human health. | |
(2) The power of the Secretary of State under subsection (1) above shall | 45 |
include power— | |
(a) to authorise the acquisition of interests in, and rights over, land | |
by the creation of new interests and rights; and | |
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