NOTICES OF AMENDMENTS
given up to and including
Thursday 6th November 2003
New Amendments handed in are marked thus *
CONSIDERATION OF BILL
WATER BILL [LORDS], AS AMENDED
NEW CLAUSES RELATING TO PART 1
Commencement and expiry of licences
Mr Bill Wiggin
Mr George Osborne
NC2
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'), |
shall be stated to take effect to expire simultaneously with any planning permission or any extension or amendment to any planning permission granted for such mining, quarrying or engineering operationss instead of a specific date, or dates, in the licence for the de-watering abstraction itself.
(2) In all other aspects, 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
NC3
To move the following Clause:—
'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'), |
shall be subject to the three tests specified in subsection (2).
(2) Those tests are that it can be reasonably demonstrated that—
| (a) | enivronmental 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. |
(3) If the tests specified in subsection (2) are met, the licence will be renewed for a minimum of six years.
(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 or 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.".'.
Presumption of renewal of licences
Norman Baker
Sue Doughty
NC12
To move the following Clause:—
'After section 38 of the WRA there is inserted—
Mr Bill Wiggin
Mr George Osborne
3
Page 1, line 5 [Clause 1], at beginning insert—
'( ) Each licence to abstract water shall be issued in response to an application for planning permission.
( ) The Environment Agency shall be consulted as part of the planning decision and shall regulate quarries by withdrawing abstraction licences.'.
Secretary Margaret Beckett
54
*Page 2 [Clause 1], leave out lines 6 and 7 and insert—
| '(i) | transferring water to another source of supply; or |
| (ii) | transferring water to the same source of supply, but at another point, in the course of dewatering activities in connection with mining, quarrying, engineering, building or other operations (whether underground or on the surface), |
in either case without intervening use (a "transfer licence");'.
Secretary Margaret Beckett
55
*Page 3, line 19 [Clause 2], leave out ' "relevant' and insert ' "the relevant'.
Secretary Margaret Beckett
56
*Page 4, line 6 [Clause 3], leave out paragraph (a).
Secretary Margaret Beckett
57
*Page 4, line 8 [Clause 3], leave out 'such notices' and insert 'notices of appeal under subsection (4)'.
Secretary Margaret Beckett
58
*Page 4, line 39 [Clause 3], leave out 'otherwise,' and insert 'in relation to England,'.
Mr Bill Wiggin
Mr George Osborne
10
Page 7, line 23 [Clause 6], at end insert—
'(1A) Where the construction of a bore hole in connection with an exempt abstraction could affect the essential characteristics of water resources used by the licensed natural water abstractor, the consent of the Environment Agency must be sought.'.
Norman Baker
Sue Doughty
24
Page 8, line 5 [Clause 6], at end insert 'if it is to address an issue of national importance'.
Secretary Margaret Beckett
59
*Page 13, line 34 [Clause 10], leave out 'be taken to continue' and insert 'continue to be taken'.
Norman Baker
Sue Doughty
25
Page 17, line 39 [Clause 14], leave out 'in prescribed cases' and insert 'where it would be against the interests of national security'.
Secretary Margaret Beckett
60
*Page 18, line 42 [Clause 15], at end insert 'or a transfer licence'.
Secretary Margaret Beckett
61
*Page 19, line 1 [Clause 15], leave out 'full licence' and insert 'licence of the same type'.
Secretary Margaret Beckett
62
*Page 20, line 20 [Clause 17], leave out 'is taken to continue' and insert 'continues to be taken'.
Secretary Margaret Beckett
63
*Page 20, line 23 [Clause 17], leave out '(subject to subsection (11) of that section)'.
Secretary Margaret Beckett
64
*Page 20, line 25 [Clause 17], leave out 'is taken to continue' and insert 'continues to be taken'.
Secretary Margaret Beckett
65
*Page 20, line 28 [Clause 17], leave out 'is taken to continue' and insert 'continues to be taken'.
Secretary Margaret Beckett
66
*Page 20, line 36 [Clause 17], leave out 'that quantity or, if lower,'.
Secretary Margaret Beckett
67
*Page 20 [Clause 17], leave out lines 38 to 44 and insert—
'(3) The maximum quantity is the lower of the following—
| (b) | if, by virtue of an order under section 27A(1) above, section 27(1) above has, or has ever had, effect in relation to the source of supply and point of abstraction in question as if it referred to a quantity lower than twenty cubic metres, that lower quantity (or, if more than one, the lowest of them.'. |
Secretary Margaret Beckett
68
*Page 21, line 18 [Clause 17], leave out 'other provision mentioned in' and insert 'provision mentioned in paragraph (a), (c), (d), (e) or (f) of'.
Secretary Margaret Beckett
69
*Page 21, line 29 [Clause 17], leave out 'be taken to continue' and insert 'continue to be taken'.
Secretary Margaret Beckett
70
*Page 21, line 32 [Clause 17], leave out 'be taken to continue' and insert 'continue to be taken'.
Mr Bill Wiggin
Mr George Osborne
4
Page 21, line 42 [Clause 17], leave out 'four' and insert 'six'.
Secretary Margaret Beckett
71
*Page 21, line 45 [Clause 17], after 'or', insert 'abstractions'.
Secretary Margaret Beckett
72
*Page 21, line 48 [Clause 17], leave out 'subsection (8)' and insert 'subsections (8) and (9)'.
