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Water Act 1989 (c. 15)(The document as of February, 2008) Page 19 Pages: P.1 | P.2 | P.3 | P.4 | P.5 | P.6 | P.7 | P.8 | P.9 | P.10 | P.11 | P.12 | P.13 | P.14 | P.15 | P.16 | P.17 | P.18 | P.19 | P.20 | P.21 | P.22 | P.23 | P.24 | P.25 | P.26 | P.27 | P.28 | P.29 | P.30 (a) The Authority (where it is not the applicant). (b) Every local authority or water undertaker (not being the applicant) whose area would be affected by the order. |
| Orders which suspend or modify any enactment or any order or scheme made or confirmed under any enactment. | Such persons (if any) as are specified by name in the enactment, order or scheme as being persons for whose protection it was enacted or made. | |
| Orders concerning the taking of water from a source or the discharge of water or effluent to a place. |
(a) Every local authority and every internal drainage board in whose area or district the source, or the place at which water or effluent is to be discharged, is situated. (b) Every navigation authority exercising functions over any watercourse affected by the order. (c) If the order concerns any consent relating to the discharge of sewage effluent or trade effluent, the person to whom the consent was given. | |
| Orders which authorise the execution of any works. |
(a) Every local authority within whose area the works are situated. (b) If the order authorises the execution of works in, under or over a watercourse, every internal drainage board within whose district the works, or any part of the works, are situated. | |
| Orders which authorise the occupation and use of land. | Every owner, lessee and occupier of the land. | |
| Orders which prohibit or limit the taking of water. | Every named person to whom the prohibition or limitation applies. |
(3) A notice for the purposes of this paragraph of an application for a drought order--
(a) shall state the general effect of the application;
(b) shall specify a place within the area affected by the order where a copy of any relevant map or plan may be inspected by any person free of charge at all reasonable times within a period of seven days from the date on which it is served or, as the case may be, published;
(c) shall state that objections to the application may be made to the Secretary of State within seven days from the date on which it is served or, as the case may be, published; and
(d) in the case of an application for an order authorising the occupation and use of land, shall specify the land to which the application relates.
(4) A notice sent in a letter in pursuance of section 187 of this Act to an address to which it may be sent in pursuance of that section shall not be treated as having been properly served for the purposes of this paragraph unless the sender takes such steps as are for the time being required to secure that the letter is transmitted in priority to letters of other descriptions.
2 (1) If any objection is duly made with respect to an application for a drought order and is not withdrawn, then, subject to the provisions of this paragraph, the Secretary of State shall, before making the order, either--
(a) cause a local inquiry to be held; or
(b) afford an opportunity--
(i) to the objector; and
(ii) if the objector avails himself of the opportunity, to the applicant and to any other persons to whom it appears to the Secretary of State expedient to afford the opportunity,
of appearing before and being heard by a person appointed by the Secretary of State for the purpose.
(2) Subject to sub-paragraph (3) below, where, on an application for a drought order, it appears to the Secretary of State that a drought order is required to be made urgently if it is to enable the deficiency of supplies of water to be effectively met, he may direct that the requirements of sub-paragraph (1) above shall be dispensed with in relation to the application.
(3) Nothing in sub-paragraph (2) above shall authorise the Secretary of State to fail to consider any objection to a proposed drought order which has been duly made and not withdrawn.
(4) Notwithstanding anything in sub-paragraph (1) above, the Secretary of State may--
(a) require any person who has made an objection to a proposed drought order to state in writing the grounds of his objection; and
(b) disregard the objection for the purposes of this paragraph if the Secretary of State is satisfied--
(i) that the objection relates exclusively to matters which can be dealt with on a reference under Part II of this Schedule or by any person by whom compensation is to be assessed; or
(ii) in a case where the order is one confined to the extension of a period specified in a previous order, that the objection is one that has in substance been made with respect to the application for that previous order.
(5) Subject to the requirements of this paragraph, the Secretary of State, upon being satisfied that the proper notices have been published and served, may, if he thinks fit, make the order in respect of which the application is made with or without modifications.
(6) The Secretary of State may hold a local inquiry on any application for an order under this Act notwithstanding that he is not required to do so by this paragraph.
3 After a drought order has been made, the person on whose application it was made shall cause to be published (in the manner in which notice of the application was required under paragraph 1 above to be published) a notice stating that the order has been made and naming a place where a copy of it may be inspected.
4 Except as provided by the following provisions of this Part of this Schedule, neither the Authority nor any water undertaker or sewerage undertaker shall incur any liability to any person for loss or damage sustained by reason of anything done in pursuance of any drought order or of any omission in pursuance of such an order.
5 Where a drought order has been made, compensation in respect of the entry upon or occupation or use of land shall be made by the applicant for the order to--
(a) the owners and occupiers of the land; and
(b) all other persons interested in the land or injuriously affected by the entry upon, occupation or use of the land,
for loss or damage sustained by reason of the entry upon, occupation or use of the land.
6 (1) This paragraph shall apply for determining the compensation to be made, in addition to any made under paragraph 5 above, where an order has been made under section 131 of this Act.
(2) Compensation in respect of the taking of water from a source or its taking from a source otherwise than in accordance with a restriction or obligation which has been suspended or modified shall be made by the applicant for the order to--
(a) the owners of the source of water; and
(b) all other persons interested in the source of water or injuriously affected by the taking of the water,
for loss or damage sustained by reason of the taking of the water.
(3) Compensation in respect of water's being discharged or not discharged to any place or its being discharged otherwise than in accordance with a restriction or obligation (whether relating to the treatment or discharge of the water) which has been suspended or modified shall be made by the applicant for the order to--
(a) the owners of the place of discharge; and
(b) all other persons interested in the place of discharge or injuriously affected by the discharge or lack of discharge,
for loss or damage sustained by reason of the water being discharged or not discharged or being discharged otherwise than in accordance with the restriction or obligation.
(4) Compensation in respect of the imposition of a prohibition or limitation on the taking of water from a source shall be made by the applicant for the order, to any persons to whom the prohibition or limitation applies, for loss or damage sustained by reason of the prohibition or limitation.
(5) Compensation in respect of a power to make discharges of sewage effluent or trade effluent in pursuance of any consent shall be made by the applicant for the order, to any person who has been exercising that power, for loss or damage sustained by reason of the suspension or variation of the consent or the attachment of conditions to the consent.
7 (1) A claim for compensation under this Part of this Schedule shall be made by serving upon the applicant a notice stating the grounds of the claim and the amount claimed.
(2) Any question as to the right of a claimant to recover compensation, or as to the amount of compensation recoverable, shall, in default of agreement, be referred to, and determined by, the Lands Tribunal.
8 (1) A claim for compensation under paragraph 6 above may be made at any time not later than six months after the end of the period for which the order authorises, as the case may be--
(a) the taking or discharge of water;
(b) the imposition of a prohibition or limitation on the taking of water;
(c) the suspension or modification of any restriction or obligation; or
(d) the suspension or variation of, or attachment of conditions to, any consent relating to the discharge of sewage effluent or trade effluent.
(2) Where a claim for compensation under paragraph 6 above is made during the continuance of the order under section 131 of this Act, the Lands Tribunal may, if it thinks fit, award a sum representing the loss or damage which is likely to be sustained by the claimant in respect of each day on which, as the case may be--
(a) water is taken or discharged;
(b) water is not discharged or is discharged otherwise than in accordance with an obligation or restriction; or
(c) sewage effluent or trade effluent is discharged otherwise than in accordance with a consent originally given.
(3) In assessing the compensation to be made under paragraph 6(2) above the Lands Tribunal may, if it thinks fit, have regard to the amount of water which, on an equitable apportionment of the water available from the source between the claimant, the applicant and other persons taking water from the source, may fairly be apportioned to the claimant.
(4) In assessing the compensation to be made under paragraph 6(3) above in respect of the lack of discharge of compensation water, the Lands Tribunal may, if it thinks fit, have regard to the amount of water which, under the conditions existing by reason of the shortage of rain, would have been available to the claimant during the period during which the deficiency of supplies of water is continued, if the applicant in relation to whom the obligation was imposed had never carried on its undertaking.
Section 136.
1 (1) Subject to the following provisions of this Schedule and to any repeal made by this Act--
(a) for any reference in the 1976 Act (however framed) to any one or more water authorities there shall be substituted a reference to the Authority;
(b) for any reference in that Act to a regional land drainage committee there shall be substituted a reference to a regional flood defence committee;
(c) for any reference in that Act to a local land drainage scheme there shall be substituted a reference to a local flood defence scheme;
(d) for any reference in that Act to a local land drainage committee there shall be substituted a reference to a local flood defence committee; and
(e) for any reference in that Act to a local land drainage district there shall be substituted a reference to a local flood defence district.
(2) Subject as aforesaid, any function of a Minister of the Crown under any provision of the 1976 Act shall, in so far as immediately before the transfer date it is exercisable by different Ministers according to the water authority in relation to which it is exercised, be exercisable on and after that date concurrently by the Minister of Agriculture, Fisheries and Food and by the Secretary of State.
(3) Any function which is a function of a water authority immediately before the transfer date by virtue of any scheme or order made under the 1976 Act shall, subject to the provisions of that Act, be a function of the Authority on and after that date.
(4) In the 1976 Act, for the words "the main river", wherever they occur (except where they occur in the expression "the main river map"), there shall be substituted the words "a main river".
2 (1) In subsection (2)(a) of section 4 of the 1976 Act (local land drainage schemes and local land drainage committees), for the word "that" there shall be substituted the word "their".
(2) For subsection (5) of that section there shall be substituted the following subsection--
" (5) A local flood defence scheme may define a local flood defence district--
(a) by reference to the districts which were local land drainage districts immediately before the date which is the transfer date for the purposes of the Water Act 1989;
(b) by reference to the area of the regional flood defence committee in which that district is situated;
(c) by reference to a map;
or partly by one of those means and partly by another or the others. "
3 For subsection (6) of section 5 of the 1976 Act (appointment of members and proceedings of local land drainage committees) there shall be substituted the following subsection--
" (6) In appointing a person to be a member of a local flood defence committee, the regional flood defence committee shall have regard to the desirability of appointing a person who has experience of, and has shown capacity in, some matter relevant to the functions of the committee to which he is appointed. "
4 (1) Section 9 of the 1976 Act (main river maps) shall be amended as follows.
(2) In subsection (1), for the words "of a water authority area relating to the water authority's land drainage functions" there shall be substituted the words "relating to the area of a regional flood defence committee".
(3) In subsection (3), for the words "the main river map of the authority's area" there shall be substituted the words "a main river map".
(4) For subsection (5) there shall be substituted the following subsection--
" (5) Where--
(a) the area of a regional flood defence committee is altered so as to affect any of the particulars shown on the main river map for that area, or
(b) the Minister confirms a scheme under section 50 below, or
(c) the National Rivers Authority applies to the Minister for the variation of a main river map, so far as it shows the extent to which any watercourse is to be treated as a main river or part of a main river,
the Minister shall take such action as he considers appropriate either--
(i) by requiring the National Rivers Authority to send him any part of the main river map in question, altering it and sending it back to the National Rivers Authority; or
(ii) by preparing a new main river map and sending it to the National Rivers Authority, or
(iii) by notifying the National Rivers Authority that he does not intend to vary the main river map in question. "
(5) For subsections (7) and (8) there shall be substituted the following subsections--
" (7) The National Rivers Authority shall, subject to subsection (5) above, keep the main river map for the area of a regional flood defence committee at the principal office of the National Rivers Authority for that area, and shall provide reasonable facilities for inspecting that map and taking copies of and extracts from it.
(8) Any local authority whose area is wholly or partly within the area of a regional flood defence committee shall, on application to the National Rivers Authority, be entitled to be furnished with copies of the main river map for the area of that committee on payment of such sum as the authority and the National Rivers Authority may agree. "
5 (1) Section 17 of the 1976 Act (general drainage powers) shall be amended as follows.
(2) In subsection (1)--
(a) for the words "acting within their area" there shall be substituted the words "(in the case of an internal drainage board, acting within their district)"; and
(b) in paragraph (c), for the words "of their area" there shall be substituted the words "of any land".
(3) For subsection (2) there shall be substituted the following subsection--
" (2) Subsection (1) above shall not be taken as authorising the National Rivers Authority to do any work otherwise than in connection with a main river, save that the power of that Authority to maintain, improve or construct drainage works for the purpose of defence against sea water or tidal water shall be exercisable below the low-water mark and shall be exercisable (both above and below the low-water mark) irrespective of whether they are works in connection with a main river. "
(4) For subsection (3) there shall be substituted the following subsection--
" (3) The National Rivers Authority may construct all such works and do all such things in the sea or in any estuary as may, in its opinion, be necessary to secure an adequate outfall for a main river. "
(5) In subsection (4)--
(a) for the words "a drainage authority", in both places where they occur, there shall be substituted the words "an internal drainage board"; and
(b) for the word "area", in each place where it occurs, there shall be substituted the word "district".
(6) For subsection (7) there shall be substituted the following subsection--
" (7) In this Act "drainage authority" means the National Rivers Authority or an internal drainage board. "
6 (1) In subsection (1) of section 21 of the 1976 Act (arrangements between drainage authorities), the words from "and which" onwards shall be omitted.
(2) For subsections (2) and (3) of that section there shall be substituted the following subsections--
" (2) Notwithstanding the provisions of section 17(2) above, the National Rivers Authority may, with the consent of an internal drainage board, execute and maintain in that board's district any works which the board might execute or maintain, on such terms as to payment or otherwise as may be agreed between the board and the Authority, or may agree to contribute to the expense of the execution or maintenance of any works by any internal drainage board.
(3) An internal drainage board may, with the consent of an internal drainage board for any other district, execute and maintain in that other district any works which the first-mentioned board might execute or maintain within their own district, on such terms as to payment or otherwise as may be agreed between the boards, or may agree to contribute to the expense of the execution or maintenance of any works by the internal drainage board for any other district.
(4) Any expense incurred by an internal drainage board under subsection (3) above shall be defrayed as if the expense had been incurred in their own district. "
7 In section 22 of the 1976 Act (arrangements with other persons generally), for the words "whether within or outside their area" there shall be substituted the words "(in the case of an internal drainage board, whether within or outside their district)".
8 In section 23(2) of the 1976 Act (arrangements with certain authorities for the carrying out of works etc.), for the words "their area" there shall be substituted the words "any land (being, in the case of an internal drainage board, land situated in their district)".
9 (1) In subsection (2) of section 24 of the 1976 Act (enforcement of obligations to repair watercourses, bridges etc.)--
(a) for the words "the drainage authority in whose area" there shall be substituted the words "the National Rivers Authority or any internal drainage board in whose district"; and
(b) for the words "the authority" there shall be substituted the words "the Authority or board".
(2) Subsection (4) of that section (watercourses in London) shall cease to have effect.
10 In section 26(11) of the 1976 Act (records to be kept of charges)--
(a) for the words "the clerk of the water authority or" there shall be substituted the words "an authorised officer of the National Rivers Authority or of the"; and
(b) for the words "the said clerk" there shall be substituted the words "such an officer".
11 In section 27(2) of the 1976 Act (power of Minister to make an order varying navigation rights), for the words "drainage authorities within whose areas" there shall be substituted the words "National Rivers Authority and every internal drainage board within whose district any of".
12 (1) In subsection (1) of section 28 of the 1976 Act (obstructions in watercourses), for the words "the drainage authority" there shall be substituted the words "the National Rivers Authority or, in the case of works in the district of an internal drainage board, of that Authority or the board."
(2) After subsection (1) of that section there shall be inserted the following subsection--
" (1A) A drainage authority may require the payment of an application fee by a person who applies to them for their consent under this section; and the amount of that fee shall be £50 or such other sum as may be specified by order made jointly by the Minister of Agriculture, Fisheries and Food and the Secretary of State. "
(3) In subsection (2), for the words "receipt of the application" there shall be substituted the words "relevant day".
(4) After subsection (11), there shall be inserted the following subsection--
" (11A) In this section "relevant day", in relation to an application for a consent under this section, means whichever is the later of--
(a) the day on which the application is made; and
(b) if at the time when the application is made an application fee is required to be paid, the day on which the liability to pay that fee is discharged. "
(5) Subsection (12) of that section (watercourses in London) shall cease to have effect.
13 (1) In section 29 of the 1976 Act (structures in, over or under watercourses), after subsection (2) there shall be inserted the following subsection--
" (2A) The National Rivers Authority may require the payment of an application fee by a person who applies to it for its consent under this section; and the amount of that fee shall be £50 or such other sum as may be specified by order made jointly by the Minister of Agriculture, Fisheries and Food and the Secretary of State. "
(2) In subsection (3) of that section, for paragraph (b) and the word "and" immediately preceding it there shall be substituted the following paragraphs--
" (b) any such consent shall, if neither given nor refused within 2 months after the relevant day, be deemed to have been given; and
(c) any such approval shall, if neither given nor refused within 2 months after application for approval is made, be deemed to have been given. "
(3) After subsection (8) there shall be inserted the following subsection--
" (9) In this section "relevant day", in relation to an application for a consent under this section, means whichever is the later of--
(a) the day on which the application is made; and
(b) if at the time when the application is made an application fee is required to be paid, the day on which the liability to pay that fee is discharged. "
14 (1) For subsection (1) of section 32 of the 1976 Act (power of water authorities to provide flood warning systems) there shall be substituted the following subsection--
" (1) Without prejudice to its powers by virtue of Chapter VI of Part III and Part IV of the Water Act 1989, the National Rivers Authority shall have power--
(a) to provide and operate flood warning systems;
(b) to provide, install and maintain apparatus required for the purposes of such systems;
(c) to carry out any other engineering or building operations so required. "
(2) In subsection (4) of that section, for the words from the beginning to "authority's area" there shall be substituted the words "The National Rivers Authority may exercise the powers conferred by subsection (1)(b) or (c) above in an area in Scotland as if its functions in relation to the areas of the regional flood defence committees whose areas are adjacent to Scotland were functions in relation to that area in Scotland and as if that area in Scotland were included in the areas of each of those committees, but".
15 (1) For subsection (1) of section 34 of the 1976 Act (byelaws) there shall be substituted the following subsection--
" (1) Subject to the provisions of this Act--
(a) the National Rivers Authority may make such byelaws in relation to any particular locality or localities as it considers necessary for securing the efficient working of any drainage system, including the proper defence of any land against sea or tidal water; and
(b) an internal drainage board may make such byelaws as they consider necessary for securing the efficient working of the drainage system in their district. "
(2) In subsection (3) of that section, at the end there shall be inserted the words "by an internal drainage board; and Schedule 24 to the Water Act 1989 has effect with respect to the making of such byelaws by the National Rivers Authority".
16 In section 36(1) of the 1976 Act (power of water authorities to acquire accretions of land resulting from drainage works), for the words from "the water authority" to "compulsorily" there shall be substituted the words "the powers of the National Rivers Authority by virtue of the Water Act 1989 to acquire land by agreement or compulsorily for the purpose of carrying out any of its functions shall include power so to acquire".
17 In section 37(1) of the 1976 Act (power of internal drainage boards to acquire land), for the word "area" there shall be substituted the word "district".
18 In section 45(3) of the 1976 Act (definitions for the purposes of revenue raising provisions), in the definition of "relevant expenditure", for the words from "of the expenses" to the end of the definition there shall be substituted the words "and of the expenses of the Authority's research and related activities".
19 In section 46(6) of the 1976 Act (aggregate amount for which precepts in respect of a local land drainage district may be issued in a case where a water authority borrows or proposes to borrow money under the 1973 Act), for the words "the Water Act 1973" there shall be substituted the words "the Water Act 1989".
20 In section 48(2) of the 1976 Act (raising of general drainage charges in respect of any local land drainage district), for the words "for the authority's area" there shall be substituted the words "for the area in which that district is situated".
21 In section 49(3) of the 1976 Act (application of order relating to amount of general drainage charge), for the words from "water authority areas", where they first occur, to "and there specified" there shall be substituted the words "local flood defence districts specified in the order".
22 (1) In subsection (1) of section 50 of the 1976 Act (special drainage charges in interests of agriculture), for the words "that area" there shall be substituted the words "the area of any regional flood defence committee".
(2) For subsection (2) of that section there shall be substituted the following subsection--
" (2) Any such scheme shall designate for the purposes of the special drainage charge so much of the area of the regional flood defence committee as consists of land which, in the opinion of the National Rivers Authority, is agricultural land that would benefit from drainage works in connection with the designated watercourses. "
23 (1) In subsection (2) of section 51 of the 1976 Act (levying and amount of special drainage charge), for the words "authority's regional land drainage committee" there shall be substituted the words "regional flood defence committee for the area which includes that land".
(2) For subsection (4) of that section there shall be substituted the following subsection--
" (4) An order under subsection (2)(b) above may be made so as to apply--
(a) to special drainage charges in general, or
(b) to the special drainage charges proposed to be raised in respect of such areas of regional flood defence committees as may be specified in the order, or
(c) to special drainage charges proposed to be raised in pursuance of one or more schemes made under section 50 above and so specified;
and any such order applying to the charges proposed to be raised in respect of more than one area of a regional flood defence committee or authorised by more than one such scheme may make different provision for the charges in respect of different areas or, as the case may be, the charges authorised by the different schemes. "
24 (1) In subsection (3) of section 54 of the 1976 Act (arrangements for payment of drainage charges by owners), for the words from the beginning to "section" there shall be substituted the words "Where arrangements are made under this section it shall be the duty of the National Rivers Authority".
(2) In subsection (6) of that section, for the words from the beginning to "above" there shall be substituted the words "Where notice is given to the National Rivers Authority under subsection (5) above it shall be the duty of that Authority".
25 (1) In subsection (1) of section 59 of the 1976 Act (specified authorities in relation to agreements for assessment to and recovery of drainage charges), the word "chargeable" shall be omitted.
(2) In subsection (2) of that section, for the words from "wholly" onwards there shall be substituted the words "and the drainage board of any internal drainage district; and the land referred to in subsection (1) above is, in relation to any such council, the chargeable land within the area of the council and, in relation to any drainage board, such land as may be specified in the agreement."
26 Section 62 of the 1976 Act (power to make water charges option orders) shall cease to have effect.
27 In section 64(1) of the 1976 Act (assessment of drainage charges on the basis of annual value), for the words "the area" there shall be substituted the words "their district".
28 (1) In each of subsections (1) and (4) of section 68 of the 1976 Act (power to make orders relating to differential drainage rates), for the words "the district" there shall be substituted the words "their district".
(2) In subsection (5) of that section, for the word "area" there shall be substituted the word "district".
29 In section 88(1) of the 1976 Act (power of drainage authorities to levy navigation tolls)--
(a) for the words "within a drainage authority area" there shall be substituted the words "in England and Wales or in so much of the territorial sea adjacent to England and Wales as is included in the area of a regional flood defence committee"; and
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