Water Bill [HL]
SIXTH
MARSHALLED
LIST OF AMENDMENTS
TO BE MOVED
IN GRAND COMMITTEE
The amendments have been marshalled in accordance with the Instruction of 17th March 2003, as follows—
Clauses 60 to 78
Schedules 5 and 6
Clauses 79 to 93 | Schedule 7
Schedule 9
Clauses 94 to 97 |
[Amendments marked * are new or have been altered]
Amendment
No.
| | THE BARONESS MILLER OF CHILTHORNE DOMER
THE LORD LIVSEY OF TALGARTH |
| 172 | Page 77, line 11, at end insert— |
| "( ) | It shall be the duty of each abstractor to produce a drought plan." |
| | THE BARONESS BYFORD
THE DUKE OF MONTROSE
THE LORD DIXON-SMITH |
| 172ZA | Page 77, line 25, leave out from "sources" to end of line 27 |
| | THE BARONESS MILLER OF CHILTHORNE DOMER
THE LORD LIVSEY OF TALGARTH |
| 172A | Page 77, line 31, at end insert— |
| "(e) | the environmental implementation implications of the supply of the quantities of water required to meet those obligations." |
| | THE BARONESS BYFORD
THE DUKE OF MONTROSE
THE LORD DIXON-SMITH |
| 172B | Page 77, line 41, leave out "three" and insert "five" |
| | THE LORD LIVSEY OF TALGARTH |
| 173 | Page 80, line 18, leave out from "State" to end of line 19 and insert "shall continue to consult local flood defence committees in conjunction with regional flood defence committees before any statutory instrument is laid before Parliament or the Assembly to revoke a local flood defence scheme" |
| | THE BARONESS BYFORD
THE DUKE OF MONTROSE |
| 174 | Insert the following new Clause— |
| | "Reorganisation of regional flood defence committees |
| (1) | Section 15 of the Environment Act 1995 (c. 25) (composition of regional flood defence committess) is amended as follows. |
| (2) | After subsection (5) there is inserted— |
| "(5A) | Where the Secretary of State has revoked any local flood defence scheme under section 18A of this Act, in appointing members of retained or new regional flood defence committees, the Secretary of State shall have regard to the desirability of appointing persons who have knowledge and experience of flood defence in the local areas of those committees."" |
| | THE LORD LIVSEY OF TALGARTH |
| 175 | Page 81, line 12, at end insert "; or |
| (e) | retain local flood defence committees for river systems to operate in conjunction with regional flood defence committees."" |
| 176 | Page 81, line 12, at end insert— |
| "( ) | After sub-paragraph (2) there is inserted— |
| "(2A) | The Agency shall assume responsibility for the management of all non-main river streams from local authorities. |
| (2B) | The Agency shall consult with the local flood defence committee on all aspects of local management of a river system."." |
| | THE BARONESS BYFORD
THE DUKE OF MONTROSE
THE LORD DIXON-SMITH |
| 176A | Page 81, line 27, leave out subsection (1) |
| | THE BARONESS BYFORD
THE DUKE OF MONTROSE
THE LORD DIXON-SMITH |
| 176B | Page 82, leave out lines 36 to 42 |
| | THE LORD LIVSEY OF TALGARTH
THE BARONESS MILLER OF CHILTHORNE DOMER |
| 177 | Insert the following new Clause— |
| | The Agency shall have the power to promote the development of ecologically sustainable fresh water fisheries." |
| | THE BARONESS MILLER OF CHILTHORNE DOMER
THE LORD LIVSEY OF TALGARTH |
| 178 | Page 83, line 21, at end insert— |
| "( ) | in subsection (1) of section 1 (ambit of Act and interpretation) after "for navigations" there is inserted "and shall not include any reservoir which it is established poses negligible risk to public safety"," |
| | THE BARONESS MILLER OF CHILTHORNE DOMER
THE LORD LIVSEY OF TALGARTH |
| 179 | Page 85, line 16, after "may" insert "after consultation with all interested parties" |
| | THE EARL PEEL
THE BARONESS BYFORD |
| 179A | Page 85, line 17, after first "a" insert "large, raised" |
| | THE BARONESS BYFORD
THE DUKE OF MONTROSE
THE LORD DIXON-SMITH |
| 179B | Page 87, line 8, leave out subsection (3) |
| | THE BARONESS BYFORD
THE DUKE OF MONTROSE |
| 179C | Page 87, leave out lines 28 to 33 |
| | THE BARONESS MILLER OF CHILTHORNE DOMER
THE LORD LIVSEY OF TALGARTH |
| 180 | Page 88, line 20, at end insert— |
| "( ) | The Secretary of State shall require appliances using water to be labelled so as to be clear to the purchaser the volume of water they may expect the appliance to require in order to fulfil the purpose for which it is purchased." |
| | THE BARONESS MILLER OF CHILTHORNE DOMER |
| 180A | Insert the following new Clause— |
| | "General interpretation: discrete waters |
| | In subsection (1) (discrete waters) of section 221 of the WRA (general interpretation) for paragraph (b) there is substituted— |
| "(b) | any which are constructed for the sole purpose of water storage;"." |
| 181 | Page 90, leave out lines 39 to 42 |
| | THE BARONESS BYFORD
THE DUKE OF MONTROSE |
| 181A | Page 91, leave out lines 18 to 24 |
| | The above-named Lords give notice of their intention to oppose the Question that Clause 78 stand part of the Bill. |
| | THE BARONESS O'CATHAIN
THE BARONESS BYFORD |
| 182 | Insert the following new Schedule— |
| | "SCHEDULE 6A
Regulatory appeals |
| | After Schedule 15 to the WIA there is inserted— |
| | "SCHEDULE 16
Regulatory appeals
PART 1
Reservoirs Act 1975 |
| Legislative provision | Description | Decision-makers |
| Section 12A | Flood plans | Secretary of State
The Assembly
Environment Agency |
| | PART 2
Water Resources Act 1991 |
| Legislative provision | Description | Decision-makers |
| Section 20B | Water Resource Management Schemes | Secretary of State |
| Section 61 | Deprivation of the right to compensation in relation to abstraction licences | Secretary of State |
| | PART 3
Water Industry Act 1991 |
| Legislative provision | Description | Decision-makers |
| Section 21 | Final Enforcement Orders | Secretary of State
The Assembly
The Authority |
| Section 22E | Financial Penalties | Secretary of State
The Assembly
The Authority |
| Sections 27C to 27J, 29, 29A, 192B, 201 and 206 | To the extent that such provisions relate to the public disclosure of information | The Council
The Authority |
| Sections 37B and 37C | Water Resource
Management Plans | Secretary of State
Water undertakers |
| Sections 39B and 39C | Drought Plans | Secretary of State
Water undertaker |
| Section 101A | Rural Sewerage | Environment Agency |
| Sections 132 and 133(6) | Special Category Effluent | Environment Agency |
| Legislative provision | Description | Decision-makers |
| Section 27 | Deprivation of right to compensation in relation to abstraction licences | Secretary of State"" |
| | THE LORD HASKEL
THE LORD BORRIE |
| 183 | Insert the following new Clause— |
| | "Discharge consents: removing restrictions on review |
| (1) | Schedule 10 to the WRA is amended as follows. |
| (2) | In paragraph 7(2), the words "Subject to such restrictions on the exercise of the power conferred by this sub-paragraph as are imposed under paragraph 8 below," are omitted. |
| (3) | In paragraph 7(4), the words ", subject to such restrictions on the exercise of the power conferred by virtue of paragraph (c) above as are imposed under paragraph 8 below," are omitted. |
| (4) | Paragraphs 7(5) and (6) are omitted. |
| (5) | Paragraph 8 is omitted. |
| (6) | After paragraph 7(1) there is inserted— |
| "(1A) | Where any consent given under paragraph 3 or 6 above authorises a discharge— |
| (a) | of any substances defined as a priority substance by Directive 2000/60/EC; or |
| (b) | into any controlled waters which do not meet the definition of "good surface water status" set out in Directive 2000/60/EC, |
| | the Agency shall review such consent and the conditions (if any) to which the consent is subject at least once in every period of four years beginning with the day on which the consent takes effect or, if applicable, the day on which any previous review under this paragraph was concluded.". |
| (7) | In paragraph 7(3) after "a review under sub-paragraph (1)", there is inserted "or (1A)"." |
| | THE LORD LIVSEY OF TALGARTH
THE BARONESS MILLER OF CHILTHORNE DOMER |
| 184 | Page 96, line 2, at end insert— |
| "(ab) | after subsection (1) there is inserted— |
| "( ) | The Agency shall continue to monitor water quality and chemical and bacterial pollution, through water sampling, and is empowered to act to enforce compliance at the source and advise alternatives where chemical processes impact upon discharges."" |
| | THE LORD LIVSEY OF TALGARTH
THE BARONESS MILLER OF CHILTHORNE DOMER |
| 185 | Page 105, line 33, at end insert— |
| "(8) | The Agency shall ensure that private and public housing developers and building contractors be subject to planning consent conditions specific to the water and sewerage undertaker adopting a new sewage scheme. |
| (9) | The Agency shall prepare plans for all non-adopted sewage schemes to be adopted by water and sewerage undertakers by the end of the year 2015." |
| | THE BARONESS MILLER OF CHILTHORNE DOMER
THE LORD LIVSEY OF TALGARTH |
| 185AZA* | Page 113, line 44, at end insert— |
| "(2A) | In subsection (2)(b), leave out "where separate public sewers are provided for foul water and for surface water,"." |
| 185AZB* | Page 113, line 45, leave out subsection (3) and insert— |
| "(3) | In subsection (4), for "refuse to permit the communication to be made, if it appears to the undertaker that the mode of construction or condition of the drain or sewer is such that the making of the communication would be prejudicial to the undertaker's sewerage system" there is substituted— |
| "(a) | refuse to permit the communication to be made, if it appears to the undertaker that the mode of construction or condition of the drain or sewer— |
| (i) | does not satisfy the standards reasonably required by the undertaker; or |
| (ii) | is such that the making of the communication would be prejudicial to the undertaker's sewerage system; or |
| (b) | where the drain or sewer which is sought to communicate with the public sewer is to be used for the draining of surface water, refuse permission for the communication to be made, or grant permission for the communication subject to such conditions as it thinks fit, subject to taking into account the considerations set out in subsection (4A) below. |
| (4A) | Under subsection (3)(b) above, a sewerage undertaker may only refuse permission for a communication to be made, or grant permission for the communication subject to conditions, where it has reasonable grounds for considering that— |
| (a) | it is feasible for an alternative method of drainage to be provided, utilised, maintained and kept in repair— |
| (i) | which does not involve communication with the public sewer; but |
| (ii) | which may include the provision of a lateral drain or sewer by any means provided for in this Chapter; |
| (b) | this is justifiable taking into account the relative cost to the applicant of— |
| (i) | providing the alternative method of drainage referred to in paragraph (a) above; or |
| (ii) | requisitioning a lateral drain or sewer under sections 98 to 101B above for communication with the public sewer of the undertaker; |
| (c) | where communication of the drains or sewer with the public sewer might contribute towards one or more of the following— |
| (i) | the overloading of the public sewer or the sewerage system of which it forms part, and the consequential overflowing of its contents and the flooding of adjoining property or land; |
| (ii) | the overloading of any sewage disposal works forming part of or connected with the system, so adversely affecting such work's capacity to treat or dispose of sewage in compliance with any statutory requirement or consent applicable to it; |
| (iii) | increased flows in and resulting overflows and discharges from combined foul and surface water sewers which may have adverse effects on the aquatic environment; or |
| (iv) | the pollution of inland waters, the flooding of property or land, or the impairment of river or drainage systems, whether or not arising from the matters described in paragraphs (i), (ii) or (iii) above."" |
| 185AZC* | Page 114, line 12, at end insert— |
| "( ) | in paragraph (a) after "made" insert ", or the resonableness of the conditions on which the undertaker is prepared to permit a communication to be made"," |
| 185AZD* | Page 114, line 15, at end insert— |
| "(5A) | After subsection (6) there is inserted— |
| "(6A) | In making a determination under subsection (6)(a) above, the Director shall consult and take into account the views of the Environment Agency and any affected riparian owners."" |
| 185AZE* | Page 114, line 15, at end insert— |
| "(5A) | In subsection 9, at end insert— |
| "(b) | "inland waters" has the same meaning as in the Water Resources Act 1991; |
| (c) | "sewer provided for surface water" and "sewer provided for foul water" excludes any sewer provided for the combined drainage of both surface and foul water."" |
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