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Amendments to the Water Bill [HL]

Water Bill [HL]



Before Clause 1



Insert the following new Clause—
 Water Framework Directive
  General purpose of Part (Water Framework Directive)
(1)  The purpose of this Part is to make provision for, or in connection with, protection of the water environment, including making provision, and enabling provision to be made, for, or in connection with, implementing Directive 2000/60/EC of the European Parliament and of the Council of 23rd October 2000 establishing a framework for Community action in the field of water policy (referred to in this Part as "the Directive").
(2)  In this Part "protection of the water environment" includes, in particular—
(a)  preventing further deterioration of, and protecting and enhancing, the status of aquatic ecosystems and, with regard to their water needs, terrestrial ecosystems and wetlands directly depending on those aquatic ecosystems,
(b)  promoting sustainable water use based on the long-term protection of available water resources,
(c)  aiming at enhancing protection and improvement of the aquatic environment through, amongst other things, specific measures for the progressive reduction of discharges, emissions and losses of priority substances and the cessation or phasing out of discharges, emissions and losses of the priority hazardous substances,
(d)  ensuring the progressive reduction of pollution of groundwater and preventing further pollution of it, and
(e)  contributing to mitigating the effects of floods and droughts, with a view to contributing to the achievement of the aims specified in subsection (3).
(3)  Those aims are—
(a)  the provision of a sufficient supply of good quality surface water and groundwater as needed for sustainable, balanced and equitable water use,
(b)  a significant reduction in pollution of groundwater,
(c)  the protection of territorial and other marine waters, and
(d)  achieving the objectives of international agreements, including those which aim to prevent and eliminate pollution of the marine environment, in relation to which measures are adopted under paragraph 1 of Article 16 of the Directive in pursuance of a proposal under paragraph 3 of that Article."
Insert the following new Clause—
  "The general duties
(1)  The Secretary of State and the Environment Agency must exercise their functions under the relevant enactments so as to secure compliance with the requirements of the Directive.
(2)  The responsible authorities must exercise their designated functions so as to secure compliance with the requirements of the Directive.
(3)  Subsection (4) applies to—
(a)  the Secretary of State in exercising his function, and the Environment Agency in exercising its functions, under the relevant enactments in pursuance of subsection (1),
(b)  the responsible authorities in exercising their designated functions in pursuance of subsection (2).
(4)  The Secretary of State, the Environment Agency and the responsible authorities must have regard to the social and economic impact of such exercise of those functions.
(5)  Without prejudice to subsections (1) to (4), the Secretary of State and every public body and office-holder must, in exercising any functions, have regard to the desirability of protecting the water environment.
(6)  The Secretary of State may give directions (whether general or specific) and guidance to—
(a)  the Environment Agency, in relation to the exercise of its functions under the relevant enactments,
(b)  the responsible authorities, in relation to the exercise of their designated functions; and the Environment Agency and the responsible authorities must comply with any such directions and have regard to any such guidance.
(7)  Directions under subsection (6) may include provision for any matter to which the directions relate to be determined, in such manner (if any) as the directions may specify, by a person other than the Secretary of State.
(8)  In this section—
  "the relevant enactments" means this Part and such other enactments as the Secretary of State may by order specify,
  "responsible authorities" means such public bodies and office-holders, or public bodies and office-holders of such descriptions, as the Secretary of State may by order designate for the purposes of this Part; and
  "designated functions", in relation to a responsible authority, means such of the authority's functions relating to the water environment as are specified in relation to the authority in an order made by the Secretary of State (whether or not the order designating the authority as a responsible authority)."

Clause 1



Page 2, line 9, at end insert—
    "(2)  Where the issue of a licence also concerns the construction of engineering facilities that are related to the supply or storage or processing of the water that is the subject of the licence applied for, the licence issuing authority shall take into account the expected life of those related facilities when considering the duration of the period for which the licence is to be issued."

In the Title



Line 1, at beginning insert "To make further provision for, or in connection with, the protection of the water environment."

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20 March 2003