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Water Bill [HL]


Water Bill [HL]
Part 3 — Miscellaneous

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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”.

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     (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

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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

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           (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.

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           (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;

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                  (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

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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.

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           (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,

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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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Part 3 — Miscellaneous

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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.

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           (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

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(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

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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—

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           “(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.”

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     (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

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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

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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

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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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Part 3 — Miscellaneous

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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

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                  “(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

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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.”

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 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.

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           (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

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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

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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

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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

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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,

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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.

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           (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

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     (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.

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     (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

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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

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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

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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

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to premises.

     (2)    In subsection (1), “public authority” means any of the following—

 

 

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Part 3 — Miscellaneous

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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

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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.

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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

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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—

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           “(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.”

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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)

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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

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Water Resources Act 1991; and

 

 

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Part 3 — Miscellaneous

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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

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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;

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                  (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

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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

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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

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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

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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;

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                  (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.

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           (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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Part 3 — Miscellaneous

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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

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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—

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                        (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

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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,

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                                       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

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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

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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

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           (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

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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

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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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