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
Part 1 — Flood and Coastal Erosion Risk Management
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Local flood risk management strategies: England
(1)
A lead local flood authority for an area in England must develop, maintain,
apply and monitor a strategy for local flood risk management in its area (a
“local flood risk management strategy”).
(2)
In subsection (1) “local flood risk” means flood risk from—
5
(a)
surface runoff,
(b)
groundwater, and
(c)
ordinary watercourses.
(3)
In subsection (2)(c) the reference to an ordinary watercourse includes a
reference to a lake, pond or other area of water which flows into an ordinary
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watercourse.
(4)
The strategy must specify—
(a)
the risk management authorities in the authority’s area,
(b)
the flood and coastal erosion risk management functions that may be
exercised by those authorities in relation to the area,
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(c)
the objectives for managing local flood risk (including any objectives
included in the authority’s flood risk management plan prepared in
accordance with the Flood Risk Regulations 2009),
(d)
the measures proposed to achieve those objectives,
(e)
how and when the measures are expected to be implemented,
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(f)
the costs and benefits of those measures, and how they are to be paid
for,
(g)
the assessment of local flood risk for the purpose of the strategy,
(h)
how and when the strategy is to be reviewed, and
(i)
how the strategy contributes to the achievement of wider
25
environmental objectives.
(5)
The strategy must be consistent with the national flood and coastal erosion risk
management strategy for England under section 7.
(6)
A lead local flood authority must consult the following about its local flood risk
management strategy—
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(a)
risk management authorities that may be affected by the strategy
(including risk management authorities in Wales), and
(b)
the public.
(7)
A lead local flood authority must publish a summary of its local flood risk
management strategy (including guidance about the availability of relevant
35
information).
(8)
A lead local flood authority may issue guidance about the application of the
local flood risk management strategy in its area.
(9)
A lead local flood authority must have regard to any guidance issued by the
Secretary of State about—
40
(a)
the local flood risk management strategy, and
(b)
guidance under subsection (8).

Flood and Water Management Bill
Part 1 — Flood and Coastal Erosion Risk Management
8

10
Local flood risk management strategies: Wales
(1)
A lead local flood authority for an area in Wales must develop, maintain, apply
and monitor a strategy for local flood risk management its area (a “local flood
risk management strategy”).
(2)
In subsection (1) “local flood risk” means flood risk from—
5
(a)
surface runoff,
(b)
groundwater, and
(c)
ordinary watercourses.
(3)
In subsection (2)(c) the reference to an ordinary watercourse includes a
reference to a lake, pond or other area of water which flows into an ordinary
10
watercourse.
(4)
The strategy must specify—
(a)
the risk management authorities in the authority’s area,
(b)
the flood and coastal erosion risk management functions that may be
exercised by those authorities in relation to the area,
15
(c)
the objectives for managing local flood risk (including any objectives
included in the authority’s flood risk management plan prepared in
accordance with the Flood Risk Regulations 2009),
(d)
the measures proposed to achieve those objectives,
(e)
how and when the measures are expected to be implemented,
20
(f)
the costs and benefits of those measures, and how they are to be paid
for,
(g)
the assessment of local flood risk for the purpose of the strategy,
(h)
how and when the strategy is to be reviewed, and
(i)
how the strategy contributes to the achievement of wider
25
environmental objectives.
(5)
The strategy must be consistent with the national flood and coastal erosion risk
management strategy for Wales under section 8.
(6)
A lead local flood authority must consult the following about its local flood risk
management strategy—
30
(a)
risk management authorities that may be affected by the strategy
(including risk management authorities in England), and
(b)
the public.
(7)
A lead local flood authority must publish a summary of its local flood risk
management strategy (including guidance about the availability of relevant
35
information).
(8)
A lead local flood authority may issue guidance about the application of the
local flood risk management strategy in its area.
(9)
A lead local flood authority must submit a draft of the strategy and any
guidance under this section to the Welsh Ministers for review.
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(10)
On a review, the Welsh Ministers may—
(a)
approve the draft strategy or guidance, with or without modification,
or
(b)
reject it.

Flood and Water Management Bill
Part 1 — Flood and Coastal Erosion Risk Management
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Effect of national and local strategies: England
(1)
In exercising its flood and coastal erosion risk management functions, an
English risk management authority must—
(a)
act in a manner which is consistent with the national strategy and
guidance, and
5
(b)
except in the case of a water company, act in a manner which is
consistent with the local strategies and guidance.
(2)
But—
(a)
subsection (1) does not apply in relation to the function of the
Environment Agency under section 7(1);
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(b)
the Agency must have regard to the national and local strategies and
guidance in exercising that function.
(3)
In exercising a flood or coastal erosion risk management function in relation to
an area in England, a water company must have regard to the local strategies
and guidance.
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(4)
In exercising any other function in a manner which may affect a flood risk or
coastal erosion risk, an English risk management authority must have regard
to the national and local strategies and guidance.
(5)
A cross-border internal drainage board for an internal drainage district that is
mainly in Wales must—
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(a)
act in a manner which is consistent with the local strategies and
guidance, and
(b)
have regard to the national strategy and guidance.
(6)
Subsection (5) does not affect the duties of a cross-border internal drainage
board under section 12.
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(7)
The Secretary of State may by order require a specified person to have regard
to the national and local strategies and guidance in exercising a statutory
function which may affect a flood risk or coastal erosion risk in England.
(8)
In this section—
(a)
references to the national strategy and guidance are references to (i) the
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national flood and coastal erosion risk management strategy under
section 7, and (ii) any guidance on the national strategy issued by the
Environment Agency, and
(b)
references to the local strategies and guidance are references to (i) any
local flood risk management strategy under section 9 for the relevant
35
area, and (ii) any guidance on a local strategy issued by a lead local
flood authority.
(9)
In subsection (7) “statutory function” means a function conferred by or under
an enactment.
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Effect of national and local strategies: Wales
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(1)
In exercising its flood and coastal erosion risk management functions, a Welsh
risk management authority must—
(a)
act in a manner which is consistent with the national strategy and
guidance, and

Flood and Water Management Bill
Part 1 — Flood and Coastal Erosion Risk Management
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(b)
except in the case of a water company, act in a manner which is
consistent with the local strategies and guidance.
(2)
In exercising a flood or coastal erosion risk management function in relation to
an area in Wales, a water company must have regard to the local strategies and
guidance.
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(3)
In exercising any other function in a manner which may affect a flood risk or
coastal erosion risk, a Welsh risk management authority must have regard to
the national and local strategies and guidance.
(4)
A cross-border internal drainage board for an internal drainage district that is
mainly in England must—
10
(a)
act in a manner which is consistent with the local strategies and
guidance, and
(b)
have regard to the national strategy and guidance.
(5)
Subsection (4) does not affect the duties of a cross-border internal drainage
board under section 11.
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(6)
The Welsh Ministers may by order require a specified person to have regard to
the national and local strategies and guidance in exercising a statutory function
which may affect a flood risk or coastal erosion risk in Wales.
(7)
In this section—
(a)
references to the national strategy and guidance are references to (i) the
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national flood and coastal erosion risk management strategy under
section 8, and (ii) any guidance on the national strategy issued by the
Welsh Ministers, and
(b)
references to the local strategies and guidance are references to (i) any
local flood risk management strategy under section 10 for the relevant
25
area, and (ii) any guidance on a local strategy issued by a lead local
flood authority.
(8)
In subsection (6) “statutory function” means a function conferred by or under
an enactment.
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Co-operation and arrangements
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(1)
A relevant authority must co-operate with other relevant authorities in the
exercise of their flood and coastal erosion risk management functions.
(2)
A relevant authority may share information with another relevant authority
for the purpose of discharging its duty under subsection (1).
(3)
In subsections (1) and (2) “relevant authority” means—
35
(a)
a risk management authority, and
(b)
the Welsh Ministers.
(4)
A risk management authority may arrange for a flood risk management
function to be exercised on its behalf by—
(a)
another risk management authority, or
40
(b)
a navigation authority (within the meaning given by section 219 of the
Water Industry Act 1991).
(5)
But subsection (4) does not apply in relation to—
(a)
the function of the Environment Agency under section 7(1), or

Flood and Water Management Bill
Part 1 — Flood and Coastal Erosion Risk Management
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(b)
the function of a lead local flood authority under section 9(1) or 10(1).
(6)
A coast protection authority may, with the appropriate consent, arrange for a
person to exercise a coastal erosion risk management function on its behalf.
(7)
In subsection (6) the “appropriate consent” means—
(a)
in relation to a coast protection authority in England, the consent of the
5
Environment Agency, and
(b)
in relation to a coast protection authority in Wales, the consent of the
Welsh Ministers.
(8)
The Environment Agency may arrange for a coastal erosion risk management
function to be exercised on its behalf by—
10
(a)
a coast protection authority,
(b)
a lead local flood authority, or
(c)
an internal drainage board.
(9)
In subsections (4), (6) and (8) a reference to a flood risk management function
or a coastal erosion risk management function includes a reference to anything
15
that may be done by a risk management authority for a purpose connected
with the exercise of that function.
(10)
In this section “coast protection authority” has the meaning given by section 1
of the Coast Protection Act 1949.
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Power to request information
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(1)
An authority listed in subsection (2) may request a person to provide
information in connection with the authority’s flood and coastal erosion risk
management functions.
(2)
The authorities are—
(a)
the Environment Agency, and
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(b)
lead local flood authorities.
(3)
The Welsh Ministers may request a person to provide information in
connection with the function under section 8.
(4)
Information requested under subsection (1) or (3) must be provided—
(a)
in the form or manner specified in the request, and
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(b)
within the period specified in the request.
15
Civil sanctions
(1)
An authority that requests a person (P) to provide information under section
14(1) or (3) may give P an enforcement notice if P fails to comply with the
request.
35
(2)
An enforcement notice must—
(a)
specify the information requested,
(b)
state that the authority may impose a penalty if P fails to provide the
information within a specified period, which must be at least 28 days
beginning with the date of issue of the notice, and
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(c)
state that P may make representations to the authority about the notice
within that period.

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Part 1 — Flood and Coastal Erosion Risk Management
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(3)
The authority may by penalty notice impose a penalty on P if P fails to provide
the specified information in the specified period.
(4)
The amount of the penalty—
(a)
is to be determined by the authority, but
(b)
must not exceed £1000.
5
(5)
In deciding whether to impose a penalty and in determining the amount of a
penalty the authority must have regard to—
(a)
any representations under subsection (2)(c), and
(b)
any partial compliance with the initial request under section 14.
(6)
The penalty notice must—
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(a)
specify the reasons for the decision to impose a penalty,
(b)
state a period within which payment must be made, which must be at
least 14 days beginning with the date of issue of the notice, and
(c)
notify P of the right of appeal under subsection (8).
(7)
A penalty is recoverable as a debt.
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(8)
The Minister must by regulations provide a right of appeal against penalties;
and the regulations must—
(a)
confer jurisdiction on the Minister, a court or a tribunal, and
(b)
make provision about procedure.
(9)
The Minister may by order substitute a different amount for the amount
20
specified in subsection (4)(b).
(10)
In this section “the Minister” means—
(a)
the Secretary of State in relation to penalties issued by—
(i)
lead local flood authorities for areas in England, and
(ii)
the Environment Agency in respect of a failure to comply with
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a request in connection with a flood or coastal erosion risk
management function in relation to England, and
(b)
the Welsh Ministers in relation to penalties issued by—
(i)
lead local flood authorities for areas in Wales,
(ii)
the Environment Agency in respect of a failure to comply with
30
a request in connection with a flood or coastal erosion risk
management function in relation to Wales, and
(iii)
the Welsh Ministers.
(11)
A reference in this section to an authority includes a reference to the Welsh
Ministers.
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Funding
(1)
The Environment Agency may make grants in respect of expenditure incurred
or expected to be incurred in connection with flood or coastal erosion risk
management in England.
(2)
The Welsh Ministers may make grants in respect of expenditure incurred or
40
expected to be incurred in connection with flood or coastal erosion risk
management in Wales.
(3)
A grant may be subject to conditions (including conditions as to repayment
and interest).