Flood and Water Management Bill

House of Commons

Session 2009 - 10
Internet Publications
Other Bills before Parliament

Flood and Water Management Bill

Flood and Water Management Bill
Schedule 2 — Risk Management: Amendment of Other Acts
40

(a)
may not begin the work before the time for serving notices of
objection has expired and any objections have been
determined by the Minister, and
(b)
must have regard to any determination of the Minister in
deciding whether to carry out the proposed work, with or
5
without modification.”
      (7)
In subsection (6)—
(a)
for “coast protection authority”, in the first place where it occurs,
substitute “coastal erosion risk management authority”,
(b)
for “the coast protection authority shall” substitute “the authority
10
shall”,
(c)
in paragraph (a) for “where it is not represented on the coast
protection authority” substitute “(in the case of work carried out by
a coast protection authority)”, and
(d)
in paragraph (b) omit “which are not so represented and”.
15
6
In section 6 (power to make schemes for carrying out work) in subsection (1)
for “coast protection authority” substitute “coastal erosion risk management
authority”.
7     (1)
In section 8(1) (confirmation of works schemes)—
(a)
for “coast protection authority” substitute “coastal erosion risk
20
management authority”,
(b)
for “area of the authority” substitute “area in which the proposed
work is to take place”, and
(c)
after “Environment Agency” insert “(in the case of a scheme
prepared by a coast protection authority)”.
25
      (2)
In section 8(5) for “coast protection authority” substitute “coastal erosion
risk management authority”.
8
In section 9 (carrying out of work) in subsection (4) for “coast protection
authority” substitute “coastal erosion risk management authority”.
9
In section 10 (recovery of coast protection charges) in subsections (2), (5) and
30
(8) for “coast protection authority” substitute “coastal erosion risk
management authority”.
10
In section 12 (maintenance and repair) in subsections (1) and (3) for “coast
protection authority” substitute “coastal erosion risk management
authority”.
35
11
In section 13 (recovery of maintenance cost) in subsections (1), (3)(b), (4) and
(6) for “coast protection authority” substitute “coastal erosion risk
management authority”.
12    (1)
Section 14 (compulsory acquisition of land) is amended as follows.
      (2)
In subsection (1)—
40
(a)
for “coast protection authority” insert “coastal erosion risk
management authority”, and
(b)
omit from “Provided that” to the end.
      (3)
Omit subsection (2).

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Schedule 2 — Risk Management: Amendment of Other Acts
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13
In section 19 (compensation for depreciation of value of an interest in land)
in subsections (1) and (2) for “coast protection authority”, in each place,
substitute “coastal erosion risk management authority”.
14
Section 20 (contributions towards expenses) is repealed.
15
Section 21 (grants to coast protection authorities) is repealed.
5
16
In section 23 (power to sell materials) in subsections (1) and (2) for “coast
protection authority” substitute “coastal erosion risk management
authority”.
17
In section 24 (arbitrations) in subsection (3) for “coast protection authority”
substitute “coastal erosion risk management authority”.
10
18
In section 25 (powers of entry and inspection) in subsections (1) and (9)(b)
for “coast protection authority” substitute “coastal erosion risk management
authority”.
19
In section 26 (power to require information) in subsections (1) and (2) for
“coast protection authority” substitute “coastal erosion risk management
15
authority”.
20
In section 27 (acquisition of right of passage) in subsections (1), (4)(b) and (5)
for “coast protection authority” substitute “coastal erosion risk management
authority”.
21
In section 28 (power of Minister to facilitate coast protection work) in
20
subsections (1) and (2) for “coast protection authority”, in each place,
substitute “coastal erosion risk management authority”.
22
In section 44 (regulations and orders) in subsection (2) for “coast protection
authority” substitute “coastal erosion risk management authority”.
23
In section 45 (service) in subsection (2) for “coast protection authority”
25
substitute “coastal erosion risk management authority”.
24
In section 49 (interpretation) for the definition of “coast protection work”
substitute—
““coast protection work” means any of the following done for
the purpose of managing a coastal erosion risk (within the
30
meaning of Part 1 of the Flood and Water Management Act
2010)—
(a)
anything done to construct, alter, repair, maintain or
remove works;
(b)
anything done for the purpose of maintaining or
35
restoring natural processes;
(c)
planting vegetation.”
Land Drainage Act 1991
25
The Land Drainage Act 1991 is amended as follows.
26
Section 8 (concurrent powers of the Environment Agency) is repealed.
40
27
In section 9(1) (default powers of the Agency)—
(a)
omit “but without prejudice to section 8 above”, and
(b)
omit “flooding or”.

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Schedule 2 — Risk Management: Amendment of Other Acts
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28
At the end of section 11 (arrangements between drainage authorities) add—
“(5)
Two internal drainage boards may agree that one is to provide
administrative, professional or technical services for the other.”
29    (1)
After section 14 (general drainage powers of boards and local authorities)
insert—
5
“14A
General powers: flood risk management works
(1)
A lead local flood authority may carry out flood risk management
work if Conditions 1 and 2 are satisfied.
(2)
An authority listed in subsection (3) may carry out flood risk
management work if—
10
(a)
Conditions 1 and 3 are satisfied, or
(b)
Conditions 1 and 4 are satisfied.
(3)
The authorities are—
(a)
an internal drainage board,
(b)
a district council, and
15
(c)
a lead local flood authority for an area for which there is no
district council.
(4)
Condition 1 is that the authority considers the work desirable having
regard to the local flood risk management strategy for its area under
section 9 or 10 of the Flood and Water Management Act 2010.
20
(5)
Condition 2 is that the purpose of the work is to manage a flood risk
in the authority’s area from—
(a)
surface runoff, or
(b)
groundwater.
(6)
Condition 3 is that the purpose of the work is to manage a flood risk
25
in the authority’s area from an ordinary watercourse.
(7)
In subsection (6) the reference to an ordinary watercourse includes a
reference to a lake, pond or other area of water which flows into an
ordinary watercourse.
(8)
Condition 4 is that the purpose of the work is to manage a flood risk
30
in the authority’s area from the sea and either—
(a)
the work is within subsection (9)(a), (b) or (f), or
(b)
the Environment Agency has consented to the work.
(9)
In this section “flood risk management work” means anything
done—
35
(a)
to maintain existing works (including buildings and
structures) including cleansing, repairing or otherwise
maintaining the efficiency of an existing watercourse or
drainage work;
(b)
to operate existing works (such as sluicegates or pumps);
40
(c)
to improve existing works (including buildings or structures)
including anything done to deepen, widen, straighten or
otherwise improve an existing watercourse, to remove or
alter mill dams, weirs or other obstructions to watercourses,
or to raise, widen or otherwise improve a drainage work;
45

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Schedule 2 — Risk Management: Amendment of Other Acts
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(d)
to construct or repair new works (including buildings,
structures, watercourses, drainage works and machinery);
(e)
for the purpose of maintaining or restoring natural processes;
(f)
to monitor, investigate or survey a location or a natural
process;
5
(g)
to reduce or increase the level of water in a place;
(h)
to alter or remove works.
(10)
Nothing in this section authorises a person to enter land except for
the purpose of maintaining existing works.
(11)
Section 14(5) and (6) applies in relation to the exercise by any
10
authority of powers under this section as to the exercise of powers
under section 14.
(12)
The powers under section 62 and 64 are available to an authority for
a purpose in connection with the exercise of powers under this
section.
15
(13)
In this section the following terms have the meaning given by Part 1
of the Flood and Water Management Act 2010—
(a)
flood risk,
(b)
lead local flood authority,
(c)
surface runoff, and
20
(d)
groundwater.”
      (2)
In section 14(1)(b)—
(a)
omit “either”, and
(b)
omit sub-paragraph (ii) (and the “or” before it).
      (3)
Omit section 14(4)(b) (and the “or” before it).
25
30
Section 17 (supervision by the Agency: works) is repealed.
31    (1)
Section 21 (enforcement of obligations to repair watercourses and bridges) is
amended as follows.
      (2)
For subsection (6)(b) substitute—
“(b)
in relation to any watercourse, bridge or drainage works in
30
an area outside an internal drainage district, are references to
the lead local flood authority for the area.”
      (3)
After subsection (6) add—
“(7)
“Lead local flood authority” has the meaning given by section 6 of
the Flood and Water Management Act 2010.”
35
32    (1)
Section 23 (prohibitions on obstructions) is amended as follows.
      (2)
For subsection (1)(b) substitute—
“(b)
erect a culvert in an ordinary watercourse, or
(c)
alter a culvert in a manner that would be likely to affect the
flow of an ordinary watercourse,”.
40
      (3)
After subsection (1) insert—
“(1A)
Consent under this section may be given subject to reasonable
conditions.

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Schedule 2 — Risk Management: Amendment of Other Acts
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(1B)
An internal drainage board or lead local flood authority must consult
the Environment Agency before carrying out work within subsection
(1)(a), (b) or (c) if the board or authority is “the drainage board
concerned” for the purposes of this section.
(1C)
The drainage board concerned must have regard to any guidance
5
issued by the Environment Agency about the exercise of the board’s
functions under this section.”
      (4)
In subsection (2) for “and the amount of that fee shall be £50 or such other
sum as may be prescribed” substitute “and the amount of the fee shall be
determined in accordance with a prescribed charging scheme.”
10
      (5)
In subsection (8) for “section 24” substitute “sections 24 and 25”.
      (6)
For subsection (8)(b) substitute—
“(b)
in relation to a watercourse in an area outside an internal
drainage district, are references to the lead local flood
authority for the area.”
15
      (7)
After subsection (8) add—
“(9)
“Lead local flood authority” has the meaning given by section 6 of
the Flood and Water Management Act 2010.”
33    (1)
Section 25 (powers to require works for maintaining the flow of
watercourse) is amended as follows.
20
      (2)
In subsection (1)—
(a)
omit “Subject to section 26 below”, and
(b)
omit “or local authority”.
      (3)
Omit subsection (2).
      (4)
In subsections (6)(a), (7) and (8) omit “or local authority”.
25
34
Section 26 (competing jurisdictions under section 25) is repealed.
35    (1)
Section 33 (commutation of obligations) is amended as follows.
      (2)
In subsection (1) for “Agency or the drainage board for the internal drainage
district” substitute “relevant authority for the area”.
      (3)
In subsection (2)—
30
(a)
for “Agency or an internal drainage board propose” substitute
“relevant authority proposes”, and
(b)
for “Agency or board” substitute “authority”.
      (4)
In subsection (3) for “Agency or board”, in each place, substitute “relevant
authority”.
35
      (5)
After subsection (5) insert—
“(5A)
In this section and section 34, references to the relevant authority for
an area—
(a)
in relation to work in an area which forms part of an internal
drainage district, are references to the drainage board for the
40
district, and
(b)
in relation to work in any other area, are references to the lead
local flood authority for the area.

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(5B)
“Lead local flood authority” has the meaning given by section 6 of
the Flood and Water Management Act 2010.”
      (6)
For subsection (6)(a) substitute—
“(a)
in relation to a lead local flood authority for an area in
England, means the Secretary of State,
5
(aa)
in relation to a lead local flood authority for an area in Wales,
means the Welsh Ministers, and”.
36    (1)
Section 34 (financial consequences of commutation) is amended as follows.
      (2)
In subsection (2) for “Agency or internal drainage board” substitute
“relevant authority”.
10
      (3)
In subsection (4)—
(a)
for “Agency or internal drainage board” substitute “relevant
authority”, and
(b)
for “Agency or, as the case may be, that board” substitute “relevant
authority”.
15
      (4)
In subsection (5) for “Agency or, as the case may be, the internal drainage
board” substitute “relevant authority”.
      (5)
In subsection (6)—
(a)
for “Agency or an internal drainage board” substitute “relevant
authority”, and
20
(b)
for “Agency or board” substitute “authority”.
      (6)
In subsections (7) and (9) for “Agency or internal drainage board” substitute
“relevant authority”.
37
In section 59 (grants) omit subsection (4)(c).
38    (1)
Section 66 (byelaws) is amended as follows.
25
      (2)
For subsection (1) substitute—
“(1)
An internal drainage board may make byelaws for Purpose 1, 2 or 3.
(1A)
A local authority, except an English county council, may make
byelaws for Purpose 1, 2, 3 or 4.
(1B)
An English county council which is a lead local flood authority may
30
make byelaws for Purpose 3 or 4.
(1C)
Purpose 1 is to secure the efficient working of a drainage system in
the authority’s district or area.
(1D)
Purpose 2 is to regulate the effects on the environment in the
authority’s district or area of a drainage system.
35
(1E)
Purpose 3 is to secure the effectiveness of flood risk management
work within the meaning of section 14A.
(1F)
Purpose 4 is to secure the effectiveness of works done in reliance on
section 38 or 39 of the Flood and Water Management Act 2010
(incidental flooding or coastal erosion).”
40
      (3)
In subsection (2) for “Without prejudice to the generality of subsection (1)
above but subject as aforesaid, an internal drainage board or local authority,

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Schedule 2 — Risk Management: Amendment of Other Acts
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other than an English county council, may, in particular, make byelaws for
any of the following purposes, that is to say” substitute “Byelaws may, in
particular, have the purpose of”.
      (4)
For subsection (3) substitute—
“(3)
An internal drainage board may not rely on this section to do
5
anything in connection with a main river, the banks of a main river
or any drainage works in connection with a main river.”
39
In section 72 (interpretation) in subsection (1) after the definition of
“conservancy authority” insert—
““culvert” means a covered channel or pipe which prevents the
10
obstruction of a watercourse or drainage path by an artificial
construction.”
Water Resources Act 1991
40
The Water Resources Act 1991 is amended as follows.
41
Section 106 (obligation to carry out flood defence functions through
15
committees) is repealed.
42
In section 110 (main river structures: applications for consent) in subsection
(1) for “and the amount of that fee shall be £50 or such other sum as may be
prescribed” substitute “and the amount of the fee shall be determined in
accordance with a prescribed charging scheme”.
20
43    (1)
Section 118 (special duties with respect to flood defence revenues) is
amended as follows.
      (2)
In subsection (1)—
(a)
for “flood defence functions” substitute “flood and coastal erosion
risk management functions, within the meaning of Part 1 of the
25
Flood and Water Management Act 2010,”, and
(b)
for “local flood defence district” substitute “flood risk management
region”.
      (3)
In subsection (2) for “local flood defence district” substitute “flood risk
management region”.
30
      (4)
Omit subsection (3)(b) (and the “or” before it).
      (5)
In subsection (4) for “local flood defence district” substitute “flood risk
management region”.
      (6)
In subsection (5)—
(a)
in paragraph (b) for “flood defence district” substitute “flood risk
35
management region”, and
(b)
for “local flood defence district” substitute “flood risk management
region”.
      (7)
Omit subsection (6).
      (8)
At the end add—
40
“(7)
In this section “flood risk management region” means the region of a
Regional Flood and Coastal Committee, within the meaning of
section 22 of the Flood and Water Management Act 2010.”