Water Act 1989 (c. 15)

(The document as of February, 2008)

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(b) to any other members of that committee such sums reimbursing them for loss of remuneration, for travelling expenses or for any other out-of-pocket expenses,

as may, with the consent of the Treasury, be determined by the Minister or the Secretary of State.

(4) The area in respect of which the Authority shall carry out its functions relating to fisheries shall be the whole of England and Wales, together with--

(a) such part of the territorial sea adjacent to England and Wales as extends for six miles from the baselines from which the breadth of that sea is measured; and

(b) in the case of subsection (1) above, the [1975 c. 51.] Salmon and Freshwater Fisheries Act 1975 and the [1937 c. 33.] Diseases of Fish Act 1937, so much of the River Esk with its banks and tributary streams up to their source as is situated in Scotland,

but, in the case of that subsection and those Acts, excluding the River Tweed, that is to say, "the river" within the meaning of the [1859 c. lxx.] Tweed Fisheries Amendment Act 1859, as amended by byelaws.

(5) Schedule 17 to this Act shall have effect for transferring the functions of water authorities relating to fisheries to the Authority and for making amendments of the enactments relating to the transferred functions and of corresponding enactments applying to fisheries in Scotland.

(6) Nothing in the preceding provisions of this section or in the following provisions of this Act shall authorise the Authority to acquire any land in Scotland compulsorily.

(7) In this section, "miles" means international nautical miles of 1,852 metres.

Chapter V Navigation, Conservancy and Harbour Authority Functions

142 Navigation, conservancy and harbour authority functions

(1) Where--

(a) the functions of a water authority immediately before the transfer date include, by virtue of any local statutory provision, any functions of a navigation authority, conservancy authority or harbour authority; and

(b) those functions are not otherwise transferred by this Act,

those functions shall become functions of the Authority on that date.

(2) Subject to the power conferred by section 191 below, on and after the transfer date every local statutory provision relating to a function transferred by this section and everything done by or in relation to a water authority under any such provision shall have effect, so far as may be necessary for the purposes of, or in connection with, the transfer of functions made by subsection (1) above, as if--

(a) any reference in any such provision to a water authority were a reference to the Authority; and

(b) any such thing had been done by or in relation to the Authority.

Chapter VI Supplemental Provisions of Part III

143 Research etc. duties of the Authority

(1) It shall be the duty of the Authority to make arrangements for the carrying out of research and related activities (whether by the Authority or others) in respect of matters to which the functions of the Authority relate.

(2) It shall be the duty of the Authority--

(a) to collate and publish information from which assessments can be made of the actual and prospective demand for water, and of actual and prospective water resources, in England and Wales; and

(b) so far as it considers it appropriate to do so, to collaborate with others in collating and publishing any such information or any similar information in relation to places outside England and Wales.

144 Overseas activities of the Authority

(1) Subject to subsection (2) below, the Authority may provide for any person outside the United Kingdom advice or assistance, including training facilities, as respects any matter in which the Authority has skill or experience.

(2) The power conferred by subsection (1) above shall not be exercised except--

(a) with the consent in writing of the Secretary of State; and

(b) if the exercise of that power involves capital expenditure by the Authority, or the guaranteeing by the Authority of any liability, with that consent given with the approval of the Treasury.

(3) Subsections (1) and (2) above are without prejudice to any power of the Authority apart from subsection (1) above to provide advice or assistance of the kind mentioned in that subsection.

(4) Any consent under this section may be given subject to such conditions as the Secretary of State thinks fit.

145 General powers of the Authority

(1) The Authority--

(a) shall have power to do anything which, in the opinion of the Authority is calculated to facilitate, or is conducive or incidental to, the carrying out of the Authority's functions;

(b) without prejudice to the generality of that power, shall have power, for the purposes of, or in connection with, the carrying out of those functions, to institute criminal proceedings, to acquire and dispose of land and other property and to carry out such engineering or building operations at such places as the Authority considers appropriate; and

(c) without prejudice as aforesaid and subject to any express provision with respect to charging by the Authority which is contained in any enactment, shall have power to fix and recover charges for services provided in the course of carrying out its functions.

(2) Without prejudice to subsection (1) above, the powers conferred by section 1 of the [1970 c. 39.] Local Authorities (Goods and Services) Act 1970 shall be exercisable by the Authority as if the Authority were a public body within the meaning of that section.

(3) Nothing in this section with respect to the carrying out of works shall be construed as conferring any power to do anything otherwise than for the purpose of giving the Authority capacity as a corporation to do that thing; and, accordingly, without prejudice to the provisions of Part IV of this Act, this section shall be disregarded for the purpose of determining whether the Authority is liable, on grounds other than an incapacity by virtue of its constitution, for any act or omission in exercise of a power to carry out works conferred by this section.

146 Ministerial directions to the Authority

(1) Directions of a general or specific character may be given to the Authority--

(a) with respect to the carrying out of the Authority's functions by virtue of Chapter I, II or V of this Part (other than its functions in connection with the making of applications for orders under section 112 above), by the Secretary of State;

(b) with respect to the making of applications for orders under section 112 above or with respect to the carrying out of its functions by virtue of Chapter III or IV of this Part, by the Minister or the Secretary of State; and

(c) with respect to anything not falling within paragraph (a) or (b) above which is connected with the carrying on of the Authority's activities generally, by the Secretary of State and the Minister acting jointly;

and it shall be the duty of the Authority to comply with any such direction.

(2) Without prejudice to the generality of the power conferred by subsection (1) above, directions under that subsection may include such directions as the Secretary of State, the Minister or, as the case may be, both of them consider appropriate in order to enable Her Majesty's Government in the United Kingdom to give effect--

(a) to any Community obligations; or

(b) to any international agreement to which the United Kingdom is for the time being a party.

(3) The power to give a direction under this section shall be exercisable, except in an emergency, only after consultation with the Authority.

(4) Any power of the Secretary of State or the Minister otherwise than by virtue of this section to give directions to the Authority shall be without prejudice to the power conferred by this section.

147 Powers of entry etc

(1) Any person designated in writing for the purpose by the Secretary of State, the Minister or the Authority may--

(a) enter any premises or vessel for the purpose of--

(i) ascertaining whether any provision of an enactment to which this section applies, of any subordinate legislation or other instrument made by virtue of any such enactment or of any byelaws made by the Authority is being or has been contravened;

(ii) determining whether, and if so in what manner, any power or duty conferred or imposed on the Secretary of State, the Minister or the Authority by virtue of any enactment to which this section applies (including a power of the Secretary of State or the Minister to make subordinate legislation) should be exercised or, as the case may be, performed; or

(iii) exercising or performing any power or duty which is so conferred or imposed;

and

(b) carry out such inspections, measurements and tests on any premises or vessel entered by that person or of any articles found on any such premises or vessel, and take away such samples of water or effluent or of any land or articles, as the Secretary of State, the Minister or the Authority--

(i) considers appropriate for any purpose mentioned in paragraph (a) above; and

(ii) has authorised that person to carry out or take away.

(2) The powers which by virtue of subsection (1) above are conferred in relation to any premises for the purpose of enabling the Secretary of State, the Minister or the Authority to determine--

(a) whether any provision made by or under Chapter I of this Part is being or has been contravened; or

(b) whether or in what manner to exercise or perform any power or duty conferred or imposed on him or it by or under that Chapter,

shall include power, in order to obtain the information on which that determination may be made, to carry out experimental borings or other works on those premises and to install and keep monitoring and other apparatus there.

(3) Without prejudice to any power exercisable by virtue of a warrant under section 178 below, no person shall make an entry into any premises or vessel by virtue of this section except--

(a) in an emergency; or

(b) at a reasonable time and, if the premises are residential premises, the vessel is used for residential purposes or the entry is to be with heavy equipment, after seven days' notice of the intended entry has been given to the occupier of the premises or vessel.

(4) This section applies to any enactment contained in this Part, in the [1963 c. 38.] Water Resources Act 1963, in the [1976 c. 70.] Land Drainage Act 1976 or in any other enactment not contained in this Act under or for the purposes of which the Authority carries out functions.

148 Admissibility of analyses of samples

(1) Subject to subsection (2) below, the result of the analysis of any sample taken on behalf of the Authority in exercise of any power conferred by this Act shall not be admissible in any legal proceedings in respect of any effluent passing from any land or vessel unless the person who took the sample--

(a) on taking the sample notified the occupier of the land or the owner or master of the vessel of his intention to have it analysed;

(b) there and then divided the sample into three parts and caused each part to be placed in a container which was sealed and marked; and

(c) delivered one part to the occupier of the land or the owner or master of the vessel and retained one part, apart from the one he submitted to be analysed, for future comparison.

(2) If it is not reasonably practicable for a person taking a sample to comply with the requirements of subsection (1) above on taking the sample, those requirements shall be treated as having been complied with if they were complied with as soon as reasonably practicable after the sample was taken.

(3) In relation to any proceedings in respect of effluent passing from a public sewer or other outfall belonging to a sewerage undertaker into any water, this section shall have effect as if the references to the occupier of the land were references to the sewerage undertaker in which the sewer or outfall is vested.

149 Provision of information to the Ministers

(1) It shall be the duty of the Authority to furnish the Secretary of State or the Minister with all such information relating to--

(a) the Authority's property;

(b) the carrying out and proposed carrying out of its functions; and

as he may reasonably require.

(2) Information required under this section shall be furnished in such form and manner, and be accompanied or supplemented by such explanations, as the Secretary of State or the Minister may reasonably require.

(3) The information which the Authority may be required to furnish to the Secretary of State or the Minister under this section shall include information which, although it is not in the possession of the Authority or would not otherwise come into the possession of the Authority, is information which it is reasonable to require the Authority to obtain.

(4) A requirement for the purposes of this section shall be contained in a direction which--

(a) may describe the information to be furnished in such manner as the Secretary of State or the Minister considers appropriate; and

(b) may require the information to be furnished on a particular occasion, in particular circumstances or from time to time.

(5) For the purposes of this section the Authority shall--

(a) permit any person authorised by the Secretary of State or the Minister for the purpose to inspect and make copies of the contents of any accounts or other records of the Authority; and

(b) give such explanation of them as that person or the Secretary of State or the Minister may reasonably require.

150 Annual report of the Authority

(1) As soon as reasonably practicable after the end of each financial year the Authority shall prepare a report on its activities during that year and shall send a copy of that report to the Secretary of State and to the Minister.

(2) Every such report shall set out any directions under section 146 above which have been given to the Authority during the year to which the report relates.

(3) The Secretary of State shall lay a copy of every such report before each House of Parliament and shall arrange for copies of every such report to be published in such manner as he considers appropriate.

(4) The Authority's annual report shall be in such form and contain such information as may be specified in any direction given to the Authority jointly by the Secretary of State and the Minister.

Part IV Powers in Relation to Land and Works Powers etc.

Powers and duties in relation to land etc.

151 Compulsory purchase etc

(1) The Authority, a water undertaker or a sewerage undertaker may be authorised--

(a) in the case of the Authority, by the Secretary of State or the Minister; and

(b) in the case of a water undertaker or sewerage undertaker, by the Secretary of State,

to purchase compulsorily any land anywhere in England and Wales which is required by the Authority or, as the case may be, that undertaker for the purposes of, or in connection with, the carrying out of its functions.

(2) The power of the Secretary of State or the Minister under subsection (1) above shall include power--

(a) to authorise the acquisition of interests in and rights over land by the creation of new interests and rights; and

(b) by authorising the acquisition by the Authority or any water undertaker or sewerage undertaker of any rights over land which is to be or has been acquired by the Authority or that undertaker, to provide for the extinguishment of those rights.

(3) Without prejudice to the generality of subsection (1) above, the land which the Authority or a water undertaker or sewerage undertaker may be authorised under that subsection to purchase compulsorily shall include land which is or will be required for the purpose of being given in exchange for, or for any right over, any other land which for the purposes of the [1981 c. 67.] Acquisition of Land Act 1981 is or forms part of a common, open space or a fuel or field garden allotment.

(4) Subject to section 159 below, the Acquisition of Land Act 1981 shall apply to any compulsory purchase under subsection (1) above of any land by the Authority, a water undertaker or a sewerage undertaker; and Schedule 3 to the said Act of 1981 shall apply to the compulsory acquisition under that subsection of rights by the creation of new rights.

(5) Schedule 18 to this Act shall have effect for the purpose of modifying enactments relating to compensation and the provisions of the [1965 c. 56.] Compulsory Purchase Act 1965 in their application in relation to the compulsory acquisition under subsection (1) above of a right over land by the creation of a new right.

(6) The provisions of Part I of the Compulsory Purchase Act 1965 (so far as applicable), other than sections 4 to 8, 10, 21, 27(1) and 31 and Schedule 4, shall apply in relation to any power to acquire land by agreement which is conferred (whether by virtue of section 145(1) above or otherwise) on the Authority or (whether by virtue of the memorandum and articles of the company for the time being carrying out the functions of the undertaker or section 97(1) above or otherwise) on a water undertaker or sewerage undertaker, as if--

(a) any reference in those provisions to the acquiring authority were a reference to the Authority or, as the case may be, that undertaker; and

(b) any reference to land subject to compulsory purchase were a reference to land which may be purchased by agreement under that power.

152 Restriction on disposals of land

(1) The Authority shall not dispose of any of its compulsorily acquired land, or of any interest or right in or over any of that land, except with the consent of, or in accordance with a general authorisation given by, the Secretary of State or the Minister.

(2) A company holding an appointment under Chapter I of Part II of this Act shall not dispose of any of its protected land, or of any interest or right in or over any of that land, except with the consent of, or in accordance with a general authorisation given by, the Secretary of State.

(3) A consent or authorisation for the purposes of this section shall be set out in a notice served by the Secretary of State or the Minister on the person who is or may be authorised, by virtue of the provision contained in the notice, to dispose of land or of interests or rights in or over land or, as the case may be, on every such person.

(4) A consent or authorisation for the purposes of this section may be given on such conditions as the Secretary of State or, as the case may be, the Minister considers appropriate.

(5) Without prejudice to the generality of subsection (4) above and subject to subsection (6) below, the conditions of a consent or authorisation for the purposes of this section may include--

(a) a requirement that, before there is any disposal, an opportunity of acquiring the land in question, or an interest or right in or over that land, is to be made available, in such manner and on such terms as may be specified in or determined under provision contained in the notice setting out the consent or authorisation, to such person as may be so specified or determined;

(b) a requirement, in the case of a consent or authorisation for the purposes of subsection (2) above, that the company making the disposal has complied with such of the conditions of its appointment under Chapter I of Part II of this Act as relate to the disposal of its protected land or of any interest or right in or over that land;

(c) a requirement that such a company, before making a disposal in a case in which the land in question is situated in a National Park, in the Broads or in an area of outstanding natural beauty or special scientific interest, should do one or both of the following, that is to say--

(i) consult with the Countryside Commission and, in the case of an area of special scientific interest, with the Nature Conservancy Council; and

(ii) enter into such agreements under section 39 of the [1981 c. 69.] Wildlife and Countryside Act 1981 (management agreements) or such covenants under subsection (7) below as the Secretary of State may determine;

(d) provision requiring determinations under or for the purposes of the consent or authorisation to be made, in such cases as are mentioned in paragraph (c) above, either by the Countryside Commission or only after consultation with that Commission.

(6) A consent or authorisation shall not be given on any such condition as is mentioned in subsection (5)(a) above except where the Secretary of State or the Minister is satisfied that the condition will have effect in relation only to--

(a) land which, or any interest or right in or over which, was acquired by--

(i) the Authority;

(ii) the water undertaker or sewerage undertaker in question; or

(iii) any predecessor of the Authority or undertaker,

either compulsorily or at a time when the Authority, undertaker or predecessor was authorised to acquire it compulsorily; or

(b) land situated in a National Park, in the Broads or in an area of outstanding natural beauty or special scientific interest.

(7) Where a company holding an appointment under Chapter I of Part II of this Act is proposing, in such a case as is mentioned in subsection (5)(c) above, to dispose of, or of any interest or right in or over, any of its protected land, it may enter into a covenant with the Secretary of State by virtue of which it accepts obligations with respect to--

(a) the freedom of access to the land that is to be afforded to members of the public or to persons of any description; or

(b) the use or management of the land;

and a covenant under this subsection shall bind all persons deriving title from or under that company and shall be enforceable by the Secretary of State accordingly.

(8) Section 8 above shall have effect for the purposes of this section as if every proposal which--

(a) is made by a company holding an appointment as a water undertaker or sewerage undertaker with respect to land in a National Park, in the Broads or in an area of outstanding natural beauty or special scientific interest or with respect to any interest or right in or over any such land; and

(b) is a proposal for which the Secretary of State's consent or authorisation is required under this section,

were a proposal relating to the functions of that undertaker.

(9) In this section "compulsorily acquired land", in relation to the Authority, means any land of the Authority which--

(a) was acquired by the Authority compulsorily under the provisions of section 151 above or of section 155 below;

(b) was acquired by the Authority at a time when it was authorised under those provisions to acquire the land compulsorily;

(c) being land which has been transferred to the Authority in accordance with a scheme under Schedule 2 to this Act, was acquired by a predecessor of the Authority compulsorily under so much of any enactment in force at any time before the transfer date as conferred powers of compulsory acquisition; or

(d) being land which has been so transferred, was acquired by such a predecessor at a time when it was authorised to acquire the land by virtue of any such powers as are mentioned in paragraph (c) above.

(10) In this section--

"area of outstanding natural beauty or special scientific interest" means an area which--
(a)
is for the time being designated as an area of outstanding natural beauty for the purposes of the National Parks and Access to the [1949 c. 97.] Countryside Act 1949; or
(b)
is an area in relation to which a notification given, or having effect as if given, under section 28 of the [1981 c. 69.] Wildlife and Countryside Act 1981 (areas of special scientific interest) for the time being has effect;

and the reference in subsection (5)(c) above to an area of special scientific interest shall, accordingly, be construed as a reference to an area such as is mentioned in paragraph (b) of this definition; and
"the Broads" has the same meaning as in the [1988 c. 4.] Norfolk and Suffolk Broads Act 1988.

153 Laying and vesting of pipes etc

(1) Schedule 19 to this Act (which confers powers on the Authority and on water undertakers and sewerage undertakers for the purpose of enabling them to lay pipes and sewers and carry out related works) shall have effect.

(2) Subject to subsection (4) below and to any provision to the contrary contained in an agreement between the Authority or undertaker and the person in whom an interest in the pipe or works is or is to be vested--

(a) every pipe which is a relevant pipe for the purposes of Schedule 19 to this Act and has been laid, in exercise of any power conferred by that Schedule or otherwise, by the Authority or a water undertaker or sewerage undertaker; and

(b) every sewage disposal works constructed by a sewerage undertaker,

shall vest in the Authority, the undertaker which laid it or, as the case may be, the undertaker which constructed them.

(3) In addition to the sewers and works which vest in a sewerage undertaker by virtue of subsection (2) above, the following shall also vest in such an undertaker, that is to say--

(a) every sewer or sewage disposal works with respect to which a declaration of vesting made or having effect as if made by that undertaker under Part II of the [1936 c. 49.] Public Health Act 1936 takes effect; and

(b) every sewer which is laid in the area of that undertaker under Part XI of the [1980 c. 66.] Highways Act 1980 (making up private streets) and is not a sewer belonging to a road maintained by a highway authority.

(4) Subsection (2) above shall not apply to a service pipe laid in a street other than the street in which the water main with which it connects is situated and shall not apply to a service pipe laid otherwise than in a street where that pipe is laid--

(a) in pursuance of the duty imposed by virtue of section 42(3)(c) above; or

(b) in substitution for a service pipe belonging to a person other than the person who lays the replacement pipe.

(5) It is hereby declared that anything which, in pursuance of any arrangements under section 73 above, is done on behalf of a sewerage undertaker by a relevant authority within the meaning of that section is, subject to any provision to the contrary contained in any such arrangements, to be treated for the purposes of this section as done by the undertaker.

(6) The preceding provisions of this section are without prejudice to the vesting of anything in the Authority, or in a company appointed to be a water undertaker or sewerage undertaker, in accordance with a scheme under Schedule 2 or 5 to this Act or by virtue of the exercise by the Authority or any such undertaker of any power to acquire property by agreement or compulsorily.

154 Power to deal with foul water and pollution

(1) Without prejudice to the powers conferred by section 115 above or by Schedule 19 to this Act, the Authority and every water undertaker shall have power, on any land which belongs to the Authority or that undertaker or over or in which the Authority or that undertaker has acquired the necessary easements or rights, to construct and maintain drains, sewers, watercourses, catchpits and other works for the purpose--

(a) of intercepting, treating or disposing of any foul water arising or flowing upon that land; or

(b) of otherwise preventing the pollution--

(i) of any waters, whether on the surface or underground, which belong to the Authority or any water undertaker or from which the Authority or any water undertaker is authorised to take water;

(ii) without prejudice to sub-paragraph (i) above, of any reservoir which belongs to or is operated by the Authority or any water undertaker or which the Authority or any water undertaker is proposing to acquire or construct for the purpose of being so operated; or

(iii) of any underground strata from which the Authority or any water undertaker is for the time being authorised to abstract water in pursuance of a licence under the [1963 c. 38.] Water Resources Act 1963.

(2) Where any water undertaker is proposing to carry out any such works as are mentioned in subsection (1) above and the proposed works will affect any watercourse, the undertaker shall consult the Authority before carrying out the works.

(3) Without prejudice to section 160 below, nothing in subsection (1) above shall authorise the Authority or any water undertaker, without the consent of the navigation authority in question, to intercept or take any water which a navigation authority are authorised to take or use for the purposes of their undertaking.

(4) Any dispute as to whether any consent for the purposes of subsection (3) above is being unreasonably withheld shall be referred to the arbitration of a single arbitrator to be appointed by agreement between the parties to the dispute or, in default of agreement, by the President of the Institution of Civil Engineers.

(5) Paragraphs 2 and 3 of Schedule 19 to this Act (street works) shall have effect as if any reference in those paragraphs to the laying of a relevant pipe, within the meaning of that Schedule, included a reference to the laying of any drain or sewer for any of the purposes mentioned in subsection (1)(a) and (b) above and to the construction of a watercourse for any of those purposes.

155 Compulsory powers for carrying out works

(1) Where the Authority or a water undertaker is proposing, for the purposes of, or in connection with, the carrying out of any of its functions--

(a) to carry out any engineering or building operations; or

(b) to discharge water into any inland water or underground strata,

the Authority or, as the case may be, the undertaker may apply to the appropriate Minister for an order under this section.

(2) Subject to the following provisions of this section, the appropriate Minister may, on an application under subsection (1) above, by order made by statutory instrument confer such compulsory powers and grant such authority as he considers necessary or expedient for the purpose of enabling any engineering or building operations or discharges of water to be carried out or made for the purposes of, or in connection with, the carrying out of the functions with respect to which the application was made.

(3) Schedule 20 to this Act shall have effect with respect to applications for orders under this section and with respect to such orders.

(4) Subject to the said Schedule 20, an order under this section may--

(a) without prejudice to section 151 above, confer power to acquire compulsorily any land, including--

(i) power to acquire interests in and rights over land by the creation of new rights and interests; and

(ii) power, by the compulsory acquisition by the Authority or any water undertaker of any rights over land which is to be or has been acquired by the Authority or that undertaker, to extinguish any such rights;

(b) apply for the purposes of the order, either with or without modifications, any of the provisions of this Part of this Act which do not apply for those purposes apart from by virtue of this paragraph;

(d) amend or repeal any local statutory provision;

(e) contain such supplemental, consequential and transitional provision as the appropriate Minister considers appropriate.

(5) Nothing in any order under this section shall exempt the Authority or any water undertaker from any restriction imposed by Part IV of the [1963 c. 38.] Water Resources Act 1963 (abstraction and impounding of water).

(6) It is hereby declared that an order under this section may grant authority for discharges of water by the Authority or a water undertaker where the Authority or the undertaker has no power to take water, or to require discharges to be made, from the inland water or other source from which the discharges authorised by the order are intended to be made; but nothing in so much of any such order as grants authority for any discharges of water shall have the effect of conferring any such power.

(7) In this section and Schedule 20 to this Act "the appropriate Minister"--

(a) in relation to an application by the Authority for an order under this section or an order made on such an application, means the Secretary of State or the Minister; and

(b) in relation to an application by a water undertaker for an order under this section or an order made on such an application, means the Secretary of State.

156 Power to carry out surveys and to search for water

(1) Without prejudice to the power conferred by paragraph 10 of Schedule 19 to this Act any person designated in writing under this section by the Authority or any water undertaker may enter any premises for any of the purposes specified in subsection (2) below.

(2) The purposes mentioned in subsection (1) above are the carrying out of any survey or tests for the purpose of determining--

(a) whether it would be appropriate for the Authority or, as the case may be, the undertaker to acquire any land or any right over land for purposes connected with the carrying out of its functions; or

(b) whether it would be appropriate for the Authority or, as the case may be, the undertaker to apply for an order under section 155 above and what compulsory powers it would be appropriate to apply for under that section.

(3) The power by virtue of subsection (1) above of a person designated under this section to enter any premises for the purpose of carrying out any survey or tests shall include power--

(a) to carry out experimental borings or other works for the purpose of ascertaining the nature of the sub-soil, the presence of underground water in the sub-soil or the quantity or quality of any such water;

(b) to install and keep monitoring or other apparatus on the premises for the purpose of obtaining the information on which any such determination as is mentioned in subsection (2) above may be made; and

(c) to take away and analyse such samples of water or of any land or articles as the Authority or, as the case may be, the undertaker considers necessary for any of the purposes so mentioned and has authorised that person to take away and analyse.

(4) The powers conferred by this section shall not be exercised in any case for purposes connected with the determination of--

(a) whether, where or how a reservoir should be constructed; or

(b) whether, where or how a borehole should be sunk for the purpose of abstracting water from or discharging water into any underground strata,

unless the Secretary of State has, in accordance with subsection (5) below, given his written authorisation in relation to that case for the exercise of those powers for those purposes.

(5) The Secretary of State shall not give his authorisation for the purposes of subsection (4) above unless--

(a) he is satisfied that notice of the proposal to apply for the authorisation has been given to the owner and to the occupier of the premises in question; and

(b) he has considered any representation or objections which, within the period of fourteen days beginning with the day after the giving of the notice, have been duly made to him by the owner or occupier of those premises with respect to the proposed exercise of powers under this section and have not been withdrawn.

(6) Without prejudice to any power exercisable by virtue of a warrant under section 178 below, no person shall make an entry into any premises by virtue of this section except--

(a) in an emergency; or

(b) at a reasonable time and after seven days' notice of the intended entry has been given to the occupier of the premises.

157 Duties to make recreational facilities available when carrying out certain works

(1) Without prejudice to any duty imposed by virtue of subsection (2) below, where--

(a) the Secretary of State makes an order under section 155 above authorising the Authority or a water undertaker to carry out works for or in connection with the construction or operation of a reservoir or conferring compulsory powers for that purpose on the Authority or such an undertaker; and

(b) it appears to him that the works to be carried out may permanently affect the area in which they are situated and are not primarily intended to benefit the inhabitants of that area,

he may include in the order provision with respect to facilities for recreation or other leisure-time occupation for the benefit of those inhabitants.

(2) Where the Authority or a water undertaker carries out any works for or in connection with the construction or operation of a reservoir in Wales which--

(a) permanently affect one or more communities; and

(b) are not primarily intended by the Authority or that undertaker to benefit the inhabitants of that or those communities,

it shall be the duty of the Authority or, as the case may be, that undertaker to make available facilities for recreation or other leisure-time occupation for the benefit of those inhabitants or to assist others to make such facilities available.

(3) It shall be the duty of the Authority and of every water undertaker, in performing its duty under subsection (2) above, to consult--

(a) the community councils of the communities affected, in the case of communities having such councils; and

(b) in any case, the council of any district in which any community affected is situated.

(4) The duties of a water undertaker under this section shall be enforceable under section 20 above by the Secretary of State.

158 Byelaws with respect to waterways etc. in which the Authority or undertakers have an interest

(1) Every relevant body shall have power to make such byelaws as are mentioned in subsection (3) below with respect to any waterway owned or managed by that body and with respect to any land held or managed with the waterway.

(2) The Authority shall also have power to make such byelaws as are so mentioned with respect to any inland waters in relation to which there is a public right of navigation, and with respect to any land associated with such waters, if navigation in those waters--

(a) is not for the time being subject to the control of any navigation authority, harbour authority or conservancy authority; or

(b) is subject to the control of such a navigation authority, harbour authority or conservancy authority as is prescribed for the purposes of this paragraph by reason of its appearing to the Secretary of State to be unable for the time being to carry out its functions.

(3) The byelaws referred to in subsections (1) and (2) above in relation to any waterway, to any inland waters or to any land held or managed with any such waterway or associated with any such waters are byelaws for any of the following purposes, that is to say--

(a) the preservation of order on or in any such waterway, waters or land;

(b) the prevention of damage to anything on or in any such waterway, waters or land or to any such land;

(c) securing that persons resorting to any such waterway, waters or land so behave as to avoid undue interference with the enjoyment of the waterway, waters or land by others.

(4) Without prejudice to the generality of any of the paragraphs of subsection (3) above or to the power conferred on the Authority by virtue of section 114 above, the byelaws mentioned in that subsection include byelaws--

(a) regulating sailing, boating, bathing and fishing and other forms of recreation;

(b) prohibiting the use of the waterway or, as the case may be, inland waters in question by boats which are not for the time being registered, in such manner as may be required by the byelaws, with the body making the byelaws;

(d) providing for a contravention of the byelaws to constitute a summary offence punishable, on summary conviction, by a fine not exceeding level 5 on the standard scale or such smaller sum as may be specified in the byelaws; and

(e) authorising the making of reasonable charges in respect of the registration of boats for the purposes of the byelaws.

(5) Byelaws made under this section otherwise than by the Authority shall cease to have effect at the end of the period of ten years beginning with the day on which they were made; but the Secretary of State may by order made by statutory instrument make provision in relation to any particular byelaws for those byelaws to continue to have effect for such period after the time when they would otherwise cease to have effect as may be specified in the order.

(6) In this section--

"boat" includes a vessel of any description, and "boating" shall be construed accordingly;
"relevant body" means the Authority or any water undertaker or sewerage undertaker; and
"waterway" has the same meaning as in the National Parks and Access to the [1949 c. 97.] Countryside Act 1949.

Provisions supplemental to powers of acquisition and works powers

159 Mineral rights

Schedule 21 to this Act (which makes provision with respect to the acquisition of mineral rights by the Authority and by water undertakers and sewerage undertakers and with respect to the working of mines and minerals where pipes, sewers or other related works are affected) shall have effect and, in the case of the compulsory acquisition of land by virtue of this Act, shall have effect instead of Schedule 2 to the [1981 c. 67.] Acquisition of Land Act 1981 (mineral rights etc. in relation to compulsory purchase orders).

160 Protection of certain undertakings

(1) Nothing in this Act conferring power on the Authority, on a water undertaker or on a sewerage undertaker to carry out any works shall confer power to do anything, except with the consent of the persons carrying on an undertaking falling within subsection (3) below, which, whether directly or indirectly, so interferes or will so interfere--

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