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| New Amendments handed in are marked thus  |
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| Amendments which will comply with the required notice period at their next appearance
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| Flood and Water Management Bill
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| | The Amendments have been arranged in accordance with the Order of the |
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| | Committee [7 Januaray 2010]. |
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| Clause 1, page 1, line 5, leave out lines 5 and 6 and insert— |
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| | (a) | any case where land not normally covered by water becomes covered by |
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| | (b) | any case where water has rested just below the surface.’. |
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| Clause 1, page 1, line 12, after ‘waters,’, insert— |
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| | Member’s explanatory statement
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| | Add groundwater specifically into key concept of flooding, makes it consistent with local |
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| | provisions and beyond doubt in national ones. |
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| Clause 1, page 1, line 12, after ‘waters,’, insert— |
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| | ‘(da) | surface water flooding from whatever original source,’ |
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| Clause 1, page 1, line 14, leave out subsection (3). |
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| Clause 2, page 2, line 11, after ‘infrastructure’ insert ‘(above and below ground)’. |
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| Clause 3, page 2, line 33, before ‘maintaining’ insert ‘re-instating’. |
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| Clause 3, page 2, line 37, at end insert— |
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| | ‘(da) | managing the use of land, natural habitats, woodland and other natural |
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| | landscape features with the result of reducing flood risk or reducing |
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| | Member’s explanatory statement
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| | To reinforce landscape-scale approach and explicitly include natural landscape management as |
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| | well as building and defending. ‘Result’ used not ‘aim’ as aim should be sustainability/wider |
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| | environmental objectives. |
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| Clause 3, page 3, line 2, after ‘information’, insert ‘to all interested parties’. |
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| Clause 6, page 4, line 33, at end insert— |
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| | ‘(g) | any land owners with a relevant interest.’. |
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| Clause 6, page 4, line 33, at end insert— |
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| Clause 6, page 4, line 33, at end add— |
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| | ‘(14) | “English risk management authority” means— |
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| | (a) | the Environment Agency, |
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| | (b) | a risk management authority within subsection (13)(b), (c) or (f) for an |
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| | area that is wholly in England, |
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| | (c) | an internal drainage board for an internal drainage district that is wholly |
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| | or mainly in England, and |
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| | (d) | a water company that exercises functions in relation to an area in |
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| | (15) | “Welsh risk management authority” means— |
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| | (a) | the Environment Agency, |
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| | (b) | a risk management authority within subsection (13)(b), (c) or (f) for an |
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| | area that is wholly in Wales, |
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| | (c) | an internal drainage board for an internal drainage district that is wholly |
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| | (d) | a water company that exercises functions in relation to an area in Wales. |
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| | (16) | “Cross-border internal drainage board” means an internal drainage board for an |
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| | internal drainage district that is partly in England and partly in Wales.’. |
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| Clause 7, page 4, line 35, leave out ‘risk’. |
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| | Member’s explanatory statement
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| | See Blueprint for Water submission. Replace risk-based approach with more holistic approach to |
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| | flood and coastal erosion management. |
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| Clause 7, page 4, line 37, leave out ‘risk’. |
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| | Member’s explanatory statement
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| | See Blueprint for Water submission. Replace risk-based approach with more holistic approach to |
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| | flood and coastal erosion management. |
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| Clause 7, page 4, line 38, leave out ‘risk’. |
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| | Member’s explanatory statement
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| | See Blueprint for Water submission. Replace risk-based approach with more holistic approach to |
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| | flood and coastal erosion management. |
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| Clause 7, page 4, line 40, leave out ‘risk management authorities in England’ and |
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| insert ‘English risk management authorities’. |
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| Clause 7, page 4, line 41, leave out ‘risk’. |
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| | Member’s explanatory statement
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| | See Blueprint for Water submission. Replace risk-based approach with more holistic approach to |
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| | flood and coastal erosion management. |
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| Clause 7, page 5, line 1, after ‘managing’, insert ‘all’. |
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| Clause 7, page 5, line 3, at end insert— |
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| | ‘(ea) | how the strategy and risk management functions are to be communicated |
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| | with a view to providing a single communication route for all members |
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| | of the public concerned about flooding,’. |
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| Clause 7, page 5, line 12, leave out ‘objectives’ and insert ‘landscape scale |
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| objectives, including how the strategy will protect biodiversity, semi-natural habitats and |
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| encourage native woodland creation.’. |
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| Clause 7, page 5, line 15, leave out ‘risk management authorities in England’ and |
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| insert ‘the English risk management authorities’. |
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| Clause 7, page 5, line 15, at end insert— |
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| | ‘(b) | bodies representing the owners and occupiers of land likely, in the |
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| | opinion of the Agency, to be directly affected by flood and coastal |
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| | Member’s explanatory statement
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| | The Bill imposes an obligation to consult with “the public”. This is too general and could be |
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| | discharged by simply posting notices in local papers. The Environment Agency should consult with |
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| | those land managers most directly affected by flooding and coastal erosion, particularly farmers. |
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| Clause 7, page 5, line 16, at end insert— |
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| | ‘(ba) | national registered charities whose aims under section 2 (2)(i) of the |
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| | Charities Act 2006 include the advancement of environmental protection |
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| | (bc) | Regional Flood and Coastal Erosion Committees as established under |
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| | Member’s explanatory statement
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| | To specifically include third sector environmental and conservation organisations, Natural |
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| | England and regional flood committees as statutory consultees on national strategy. |
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| Clause 7, page 5, line 23, leave out ‘risk management authorities in England’ and |
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| insert ‘English risk management authorities’. |
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| Clause 7, page 5, line 31, leave out subsection (9) and insert— |
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| | ‘(9) | An approved strategy or guidance under this section may not be made unless a |
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| | draft has been laid before and approved by resolution of each House of |
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| Clause 8, page 5, line 38, leave out ‘risk management authorities in Wales’ and |
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| insert ‘Welsh risk management authorities’. |
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| Clause 8, page 6, line 9, leave out ‘objectives’ and insert ‘landscape scale |
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| objectives, including how the strategy will protect biodiversity, semi-natural habitats and |
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| encourage native woodland creation.’. |
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| Clause 8, page 6, line 12, at end insert— |
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| | ‘(3A) | The Welsh Ministers must consult— |
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| | (a) | risk management authorities in Wales, |
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| | (c) | Welsh national registered charities whose aims under section 2(2)(i) of |
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| | the Charities Act 2006 include the advancement of environmental |
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| | protection or improvement, |
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| | (d) | Countryside Council for Wales, |
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| | (e) | Welsh Regional Flood and Coastal Erosion Committees as established |
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| Clause 8, page 6, line 15, leave out ‘risk management authorities in Wales’ and |
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| insert ‘Welsh risk management authorities’. |
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| Clause 9, page 6, line 23, at end insert— |
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| | ‘(1A) | A lead local flood authority must gain the approval of the local flood risk |
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| | management strategy by its regional flood and coastal committee as established |
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| Clause 9, page 6, line 24, leave out from second ‘risk’ to end of line 27 and insert |
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| ‘of any kind in a defined geographical area such as a district or unitary authority area.’. |
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| Clause 9, page 6, line 37, after ‘the’, insert ‘revised’. |
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| Clause 9, page 7, line 1, leave out ‘must be consistent with’ and insert ‘must have |
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| Clause 9, page 7, line 7, at end insert— |
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| Clause 9, page 7, line 7, at end insert— |
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| | ‘(c) | the relevant sewerage undertaker(s).’. |
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| Clause 9, page 7, line 7, at end insert— |
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| | ‘(c) | bodies representing the owners and occupiers of land likely, in the |
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| | opinion of the lead local flood authority, to be directly affected by flood |
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| Clause 9, page 7, line 16, at end insert— |
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| | ‘(10) | The Minister shall as soon as possible instigate, publish and have regard to a |
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| | review undertaken by a panel of independent persons pertaining to the costs |
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| | which will be incurred by local authorities in implementing the provisions of this |
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| | Clause before the Clause is commenced.’. |
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| Clause 9, page 7, line 16, at end add— |
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| | ‘(10) | The Secretary of State shall as soon as possible instigate, publish and have regard |
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| | to a review undertaken by a panel of independent persons, including |
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| | representatives from local authorities, universities, professional institutions and |
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| | other bodies as the Secretary of State deems appropriate, pertaining to the training |
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| | that will be required for the lead local flood authorities to undertake the functions |
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| | conferred under this section before this section is commenced.’. |
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| Clause 10, page 7, line 20, at end insert— |
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| | ‘(1A) | A lead local flood authority must gain the approval of the local flood risk |
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| | management strategy by its regional flood and coastal committee as established |
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| Clause 10, page 7, line 21, leave out from second ‘risk’ to end of line 24 and insert |
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| ‘of any kind in a defined geographical area such as a district or unitary authority area.’. |
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