Water Act 2003 (c. 37)

(The document as of February, 2008)

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12A Flood plans: large raised reservoirs

(1) The Secretary of State may, by written notice served on the undertakers in relation to a large raised reservoir, direct them to prepare a plan (a "flood plan") setting out the action they would take in order to control or mitigate the effects of flooding likely to result from any escape of water from the reservoir.

(2) A direction may in particular--

(a) specify the matters to be included in the flood plan;

(b) require the flood plan to be prepared in accordance with such methods of technical or other analysis as may be specified by the Environment Agency;

(c) require the flood plan, or any information about the matters contained in it, to be given to the Environment Agency at such time or times as may be directed by that Agency or by the Secretary of State;

(d) require a copy of the flood plan to be sent to such persons as may be specified in the direction;

(e) require publication of the flood plan, in such manner as may be specified in the direction, for the purpose of bringing the matters contained in the flood plan to the attention of persons likely to be interested.

(3) Before giving a direction under this section the Secretary of State shall consult--

(a) the undertakers concerned;

(b) the Environment Agency;

(c) if the reservoir concerned is in England, the county council, metropolitan district council or London borough council in whose area the reservoir is situated;

(d) if the reservoir concerned is in Wales, the county council or county borough council in whose area the reservoir is situated;

(e) such persons appearing to the Secretary of State to represent the emergency services in the area where the reservoir is situated; and

(f) such other persons (if any) as the Secretary of State considers appropriate.

(4) If--

(a) the functions of the Secretary of State under the preceding provisions of this section are transferred to the National Assembly for Wales so far as exercisable in relation to Wales;

(b) no direction has been given by the Assembly under subsection (1) above in relation to a reservoir in Wales; and

(c) it appears to the Secretary of State that it is necessary or expedient in the interests of public safety in England that such a direction be given,

he may give a direction under that subsection in relation to that reservoir.

(5) This section is subject to section 12B below. "

78 National security

(1) In section 2 of the Reservoirs Act 1975 (c. 23) (registration of reservoirs and enforcement of Act, etc), after subsection (2) there is inserted--

" (2A) If it appears to the Secretary of State that the inclusion of any information in the register maintained under subsection (2) above by the Environment Agency would be contrary to the interests of national security, he may direct the Agency not to include that information in the register. "

(2) After section 12A of that Act (which is inserted by section 77 of this Act) there is inserted--

" 12B Flood plans and national security

(1) If it appears to the Secretary of State that in the interests of national security any person or class of persons referred to in any one or more of paragraphs (a) to (e) of section 12A(3) above should not be consulted about a proposed direction, he may treat that subsection as not referring to that person or to that class of person.

(2) In relation to any reservoir (whether a large raised reservoir or not, as the case may be) the Secretary of State may, by written notice served on the undertakers, require them not to publish, or not to publish except as specified in the notice--

(a) a flood plan prepared by them pursuant to a notice given under section 12A above;

(b) any corresponding plan prepared by them other than pursuant to such a notice,

and a notice under this subsection may also require the undertakers to withhold access to any such plan from any person except as specified in the notice. "

79 Offences

(1) Section 22 of the Reservoirs Act 1975 (c. 23) (criminal liability of undertakers and their employees) is amended as follows.

(2) In subsection (1), the word "or" at the end of paragraph (a) is omitted, and at the end of paragraph (b) there is inserted " or

(3) After subsection (1) there is inserted--

" (1A) If the undertakers fail without reasonable excuse to comply with a notice under section 12B above, they shall be guilty of an offence and liable--

(a) on summary conviction, to a fine not exceeding the statutory maximum;

(b) on conviction on indictment, to imprisonment for a term not exceeding two years, or to a fine, or to both. "

80 Crown application

After section 27 of the Reservoirs Act 1975 there is inserted--

" Crown application

27A Crown application

(1) Subject to the provisions of this section, this Act binds the Crown.

(2) No contravention by the Crown of any provision made by or under this Act shall make the Crown criminally liable; but the High Court may, on the application of the Environment Agency, declare unlawful any act or omission of the Crown which constitutes such a contravention.

(3) Notwithstanding anything in subsection (2) above, the provisions of this Act shall apply to persons in the public service of the Crown as they apply to other persons.

(4) If the Secretary of State certifies that it appears to him, as respects any Crown premises and any power of entry exercisable in relation to them specified in the certificate, that it is requisite or expedient that, in the interests of national security, the powers should not be exercisable in relation to those premises, those powers shall not be exercisable in relation to those premises.

(5) Subject to subsection (4) above, the power conferred by section 17 above shall be exercisable in relation to land in which there is a Crown or Duchy interest only with the consent of the appropriate authority.

(6) Nothing in this section shall be taken as in any way affecting Her Majesty in Her private capacity; and this subsection shall be construed as if section 38(3) of the Crown Proceedings Act 1947 (interpretation of references to Her Majesty in Her private capacity) were contained in this Act.

(7) In this section--

"the appropriate authority" has the same meaning as it has in Part 13 of the Town and Country Planning Act 1990 by virtue of section 293(2) of that Act;
"Crown or Duchy interest" means an interest which belongs to Her Majesty in right of the Crown or of the Duchy of Lancaster, or to the Duchy of Cornwall, or belonging to a government department or held in trust for Her Majesty for the purposes of a government department;
"Crown premises" means premises held by or on behalf of the Crown.

(8) The provisions of subsection (3) of section 293 of the Town and Country Planning Act 1990 (questions relating to Crown application) as to the determination of questions shall apply for the purposes of this section. "

Water conservation

81 Duty to encourage water conservation

(1) The relevant authority must, where appropriate, take steps to encourage the conservation of water.

(2) The relevant authority is--

(a) the Secretary of State, in relation to England,

(b) the Assembly, in relation to Wales.

(3) After the period of three years beginning with the date on which this section comes into force, and after each succeeding period of three years, the Secretary of State must prepare a report about the steps taken by him under this section, and about any such steps which he proposes to take.

(4) The Assembly may make an order requiring the preparation by it of corresponding reports, and such an order may make provision about when, or in relation to what periods, they are to be prepared.

(5) Each such report must--

(a) if prepared by the Secretary of State, be laid before Parliament,

(b) if prepared by the Assembly, be laid before, and published by, the Assembly.

82 Water conservation: requirements on relevant undertakers

In section 3(2)(a) of the WIA (environmental duties in relation to proposals relating to the functions of a relevant undertaker), after "special interest" there is inserted "and, in the case of the exercise of such a power by a company holding an appointment as a relevant undertaker, as to further water conservation".

83 Water conservation by public authorities

(1) In exercising its functions and conducting its affairs, each public authority shall take into account, where relevant, the desirability of conserving water supplied or to be supplied to premises.

(2) In subsection (1), "public authority" means any of the following--

(a) a Minister of the Crown (within the meaning of the Ministers of the Crown Act 1975 (c. 26)),

(b) a Government department,

(d) a local authority (within the meaning of section 270(1) of the Local Government Act 1972 (c. 70)),

(e) a person holding an office--

(i) under the Crown,

(ii) created or continued in existence by a public general Act, or

(iii) the remuneration in respect of which is paid out of money provided by Parliament,

(f) a statutory undertaker (being any person who, by virtue of section 262 of the Town and Country Planning Act 1990 (c. 8) is or is deemed to be a statutory undertaker for any purpose), and

(g) any other public body of any description.

Fire hydrants

84 Fire hydrants

(1) After subsection (4) of section 57 of the WIA (duty to supply water etc for fire-fighting) there is inserted--

" (4A) Where a fire-hydrant is removed (other than at the request of the fire authority concerned) by a water undertaker in the course of carrying out works in relation to any of its water mains or other pipes, the cost of replacing the fire-hydrant shall be borne by the undertaker. "

(2) After subsection (4) of section 58 of the WIA (specially requested fire-hydrants) there is inserted--

" (4A) Where a specially requested fire-hydrant is removed (other than at the request of the owner or occupier of the factory or place of business in question) by a water undertaker in the course of carrying out works in relation to any of its water mains or other pipes, the cost of replacing the fire-hydrant shall be borne by the undertaker. "

Coal mine water pollution

85 Control of water from coal mines

(1) After section 4 of the Coal Industry Act 1994 (c. 21) there is inserted--

" 4A Power of the Authority with respect to coal mine water discharge

(1) The Authority may take such action as it considers appropriate (if any) for the purpose of preventing, or mitigating the effect of, the discharge of water from a coal mine into or on to any land or into any controlled waters.

(2) In this section and sections 4B and 4C below--

(a) "controlled waters" has the meaning given by section 104 of the Water Resources Act 1991; and

(b) references to coal mines are to coal mines vested in the Authority.

4B Coal mine water discharge: powers of entry

(1) If the Authority is of the opinion that a discharge of water from a coal mine into or on to any land or into any controlled waters has caused, is causing or is likely to cause--

(a) serious pollution of the environment; or

(b) danger to life or health,

the Authority may, for any purpose specified in subsection (2) below, in writing authorise a person to exercise, in accordance with the terms of the authorisation, any of the powers specified in subsection (3) below.

(2) The purposes are--

(a) to determine the extent of the pollution or of the danger, or the likelihood of serious pollution or such danger;

(b) to determine whether, and, if so, how, the Authority should exercise its power under section 4A above;

(3) The powers are--

(a) to enter at any reasonable time (or, in an emergency, at any time and, if need be, using reasonable force) any premises which the authorised person has reason to believe it is necessary for him to enter;

(b) to use a vehicle or a boat to do so;

(i) any other person authorised by the Authority and, if the authorised person reasonably believes he is likely to be obstructed, a constable; and

(ii) any equipment or materials needed for any purpose for which the power of entry is being exercised;

(d) to make such examination and investigation as may in any circumstances be necessary;

(e) to take such measurements and photographs and make such recordings as he considers necessary for the purpose of any examination or investigation under paragraph (d) above;

(f) to take samples, or cause samples to be taken, of any articles or substances found in or on any premises which he has power to enter, and of the air or water or land in, on, or in the vicinity of, the premises;

(g) to require any person to give him such facilities and assistance with respect to any matters or things within that person's control or in relation to which that person has responsibilities as are necessary to enable the authorised person to exercise any of the powers conferred on him by this section.

(4) The powers which are conferred in relation to any land by this section include power, for the purposes mentioned in subsection (2) above--

(a) to carry out experimental borings or other works on those premises; and

(b) to install, keep or maintain monitoring and other apparatus there.

(5) Except in an emergency, in any case where it is proposed to enter any premises used for residential purposes, or to take heavy equipment on to any premises which are to be entered, any entry by virtue of this section shall only be effected--

(a) after the expiration of at least seven days' notice of the proposed entry given to a person who appears to the authorised person in question to be in occupation of the premises in question; and

(b) either--

(i) with the consent of a person who is in occupation of those premises; or

(ii) under the authority of a warrant by virtue of Schedule 1A to this Act.

(6) Except in an emergency, where an authorised person proposes to enter any premises and--

(a) entry has been refused and he reasonably believes that the use of force may be necessary to effect entry; or

(b) he reasonably believes that entry is likely to be refused and that the use of force may be necessary to effect entry,

any entry on to those premises by virtue of this section shall be effected only under the authority of a warrant by virtue of Schedule 1A to this Act.

(7) In relation to any premises belonging to or used for the purposes of the United Kingdom Atomic Energy Authority, subsections (1) to (3) above shall have effect subject to section 6(3) of the Atomic Energy Authority Act 1954 (which restricts entry to such premises where they have been declared to be prohibited places for the purposes of the Official Secrets Act 1911).

(8) Schedule 1A to this Act shall have effect with respect to the powers of entry and related powers which are conferred by this section.

(9) In this section, "premises" includes any land, vehicle or vessel, and any plant which is designed to move or be moved (whether or not on roads).

4C Coal mine water discharge: compulsory purchase of land

(1) The Authority may be authorised by the Secretary of State to purchase compulsorily any land anywhere in England and Wales where he is of the opinion that--

(a) the purchase is required by the Authority for the purpose of preventing, or mitigating the effect of, a discharge of water from a coal mine; and

(b) the discharge has caused, is causing or is likely to cause significant pollution of controlled waters or serious harm to human health.

(2) The power of the Secretary of State 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 of any rights over land which is to be or has been acquired by the Authority, to provide for the extinguishment of those rights.

(3) Without prejudice to the generality of subsection (1) above, the land which the Authority 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 Acquisition of Land Act 1981 is or forms part of a common, open space or a fuel or field garden allotment.

(4) The Acquisition of Land Act 1981 shall apply to any compulsory purchase under subsection (1) above of any land by the Authority; and Schedule 3 to that Act shall apply to the compulsory acquisition under that subsection of rights by the creation of new rights.

(5) Schedule 1B to this Act shall have effect for the purpose of modifying enactments relating to compensation and the provisions of the 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. "

(2) Schedules 5 and 6 (which respectively insert Schedules 1A and 1B into the Coal Industry Act 1994 (c. 21)) are to have effect.

(3) In subsection (7) of section 68 of the Coal Industry Act 1994 (extent, etc), before paragraph (a) there is inserted--

" (za) sections 4A to 4C and Schedules 1A and 1B; " .

Contaminated land

86 Contaminated land: pollution of controlled waters

(1) The Environmental Protection Act 1990 (c. 43) is amended as follows.

(2) In section 78A (which contains provisions for the interpretation of Part 2A of the 1990 Act, relating to contaminated land)--

(a) for subsection (2)(b) there is substituted--

" (b) significant pollution of controlled waters is being caused or there is a significant possibility of such pollution being caused; " ,

(b) in subsection (5)--

(i) in paragraph (a), after "harm" there is inserted "or pollution of controlled waters",

(ii) in paragraph (b), after "harm" there is inserted "or of significant pollution of controlled waters", and

(iii) paragraph (c) is omitted,

(i) in paragraph (a), after "systems" there is inserted ", or of poisonous, noxious or polluting matter or solid waste matter",

(ii) in paragraph (b), after "places" there is inserted "or controlled waters, or different degrees of pollution", and

(iii) after "significant harm" there is inserted "or of significant pollution",

(d) in subsection (7)(b)(i), before "pollution" there is inserted "significant",

(e) in subsection (8), for the words from "pollution" to the end there is substituted "significant pollution of those waters is being caused or there is a significant possibility of such pollution being caused", and

(f) in subsection (9), in paragraph (a) of the definition of "controlled waters", after "1991" there is inserted "except that "ground waters" does not include waters contained in underground strata but above the saturation zone".

(3) In section 78C (identification and designation of special sites), in subsection (10)--

(a) in paragraph (a)(ii), for "be, or would be likely to be, caused" there is substituted "or might be caused", and

(b) in paragraph (b), before "pollution" there is inserted "significant".

(4) In section 78E (duty of enforcing authority to require remediation of contaminated land), in subsection (4)(b), after "or" there is inserted "of the".

(5) In section 78K (liability in respect of contaminating substances which escape to other land), in each of subsections (3) and (4), for the words from "is being caused" to "likely to be caused" there is substituted ", or significant pollution of controlled waters, is being caused, or there is a significant possibility of such harm or pollution being caused".

(6) In section 78X (supplementary provisions relating to contaminated land)--

(a) in subsection (1)--

(i) for paragraph (b) there is substituted--

" (b) significant pollution of controlled waters is being caused or there is a significant possibility of such pollution being caused, " , and

(ii) for the words from "is being caused, or" to "likely to be caused" there is substituted ", or significant pollution of controlled waters, is being caused, or there is a significant possibility of such harm or pollution being caused", and

(b) in subsection (2), for the words from "is being caused" to "likely to be, caused" there is substituted ", or significant pollution of controlled waters, is being caused, or there is a significant possibility of such harm or pollution being caused".

(7) In section 78YB (interaction of Part 2A of the Environmental Protection Act 1990 (c. 43) with other enactments), in each of subsections (1)(b) and (2), before "pollution" there is inserted "significant".

Discharge consents

87 Transfer of discharge consents

(1) Paragraph 11 of Schedule 10 to the WRA (transfer of discharge consents) is amended as follows.

(2) In sub-paragraph (2), the words ", subject to sub-paragraph (4) below," are omitted.

(3) In sub-paragraph (3), the words ", subject to sub-paragraph (4) below," are omitted.

(4) Sub-paragraph (4) is omitted.

(5) For sub-paragraph (6) there is substituted--

" (6) Where a consent under paragraph 3 or 6 above is to be transferred under sub-paragraph (1) above--

(a) the person from whom and the person to whom the consent is to be transferred shall give joint notice to the Agency of the proposed transfer;

(b) the notice may specify the date on which it is proposed that the transfer should take effect;

(c) within twenty-one days beginning with the date of receipt of the notice duly given in accordance with sub-paragraph (6A) below, the Agency shall--

(i) arrange to amend the consent by substituting the name of the transferee as holder of the consent; and

(ii) serve notice on the transferor and the transferee that the amendment has been made; and

(d) the transfer shall take effect from the later of--

(i) the date on which the Agency amends the consent; and

(ii) the date (if any) specified in the joint notice under paragraph (a) above.

(6A) A joint notice under sub-paragraph (6)(a) above shall include such information as may be prescribed.

(6B) If the person from whom the consent is to be transferred is a person in whom the consent has vested by virtue of sub-paragraph (2) or (3) above, a joint notice given under sub-paragraph (6)(a) above shall be of no effect unless the notice required by sub-paragraph (7) below has been given.

(6C) A notice or other instrument given by or on behalf of the Agency pursuant to sub-paragraph (6) above shall not constitute an instrument signifying the consent of the Agency for the purposes of paragraph 8 above. "

(6) In sub-paragraph (9), the words "(6) or" are omitted.

Trade effluent consents

88 Trade effluent consents

(1) For section 139 of the WIA (power to apply Chapter 3 of Part 4 of the WIA to other effluents) there is substituted--

" 139 Power to apply Chapter 3 to specified activities

(1) The Secretary of State may by order provide, in relation to discharge into public sewers--

(a) that a liquid or other matter of a description specified in the order shall be treated as if it were trade effluent for the purposes of this Chapter; or

(b) that--

(i) the discharge restrictions shall not apply to a liquid or other matter of a description specified in the order; and

(ii) (in the case of a liquid) the liquid shall be deemed not to be trade effluent for the purposes of this Chapter.

(2) An order under subsection (1) above may so provide whether or not the liquid or other matter specified would otherwise have fallen within (or, as the case may be, outside) a proper construction of "trade effluent" as defined in section 141(1) below.

(3) An order under subsection (1) above may so provide, in relation to the liquid or other matter specified, either generally or in particular cases or classes of case or for particular purposes or as otherwise specified in the order.

(4) In this section, references to the discharge restrictions are references to--

(a) the restrictions imposed by paragraphs (a) and (b) of section 106(2) above; and

(b) the restrictions imposed by section 111 above so far as it relates to anything falling within paragraph (a) or (b) of subsection (1) of that section.

(5) Where any provisions of this Chapter are to apply to a liquid or other matter by virtue of an order under subsection (1)(a) above, the order may provide for them so to apply subject to such modifications as may be specified in the order and, in particular, subject to any such modification of the meaning for the purposes of this Chapter of the expression "trade premises" as may be so specified.

(6) The Secretary of State may include in an order under subsection (1) above such provisions as appear to him expedient for modifying any enactment as that enactment applies in relation to the discharge into sewers of any liquid or other matter specified in the order.

(7) Where the discharge restrictions do not apply to a liquid by virtue of an order under subsection (1)(b) above, subsections (3) to (8) of section 106 above and sections 108 and 109 above shall have effect in relation to communication with a sewer for the purpose of making any discharge of that liquid as they apply in relation to any other discharges which are authorised by subsection (1) of section 106 above.

(8) The Secretary of State may include in an order under this section such other supplemental, incidental or transitional provision as appears to him to be expedient.

(9) The power to make an order under this section shall be exercisable by statutory instrument, but such an instrument shall not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.

(10) In this section, references to a liquid are to a liquid either with or without particles of matter in suspension in the liquid. "

(2) In section 94 of the WIA (general duty to provide sewerage system), in subsection (5), at the end there is added "; and, accordingly, section 139 below shall have effect for the purposes of this section as it has effect for the purposes of Chapter 3 of this Part.".

(3) In section 138 of the WIA (meaning of "special category effluent"), subsection (5) is omitted.

(4) In section 141 of the WIA (interpretation of Chapter 3), in subsection (1), after "requires" there is inserted "and subject to section 139 above".

(5) In section 171 of the WIA (entry for sewerage purposes), in subsection (3), after "trade effluent" there is inserted "or any other liquid or substance".

89 Trade effluent consents: conditions of consent

(1) In section 119 of the WIA (application for consent)--

(a) after paragraph (a) of subsection (2) there is inserted--

" (ab) the steps proposed to be taken, in relation to the discharge or by way of subjecting any substance likely to affect the description of matter discharged to treatment or any other process, for minimising--

(i) the polluting effects of the discharge on any controlled waters; and

(ii) the impact of the discharge on sewerage services; " ,

(b) after subsection (2) there is inserted--

" (3) In this section "controlled waters" has the meaning given by section 104 of the Water Resources Act 1991. "

(2) In section 121 of the WIA (conditions of consent)--

(a) after paragraph (b) of subsection (1) there is inserted--

" (ba) the steps to be taken, in relation to the discharge or by way of subjecting any substance likely to affect the description of the matter discharged to treatment or any other process, for minimising--

(i) the polluting effects of the discharge on any controlled waters; and

(ii) the impact of the discharge on sewerage services; " ,

(b) in subsection (6), at the end there is inserted "and "controlled waters" has the meaning given by section 104 of the Water Resources Act 1991".

Water mains, etc

90 Water main requisitions: financial conditions

(1) Section 42 of the WIA (financial conditions of compliance with water main requisition) is amended as follows.

(2) In subsection (2), for paragraph (a) there is substituted--

" (a) bind the person or persons mentioned in that subsection to pay to the undertaker either (at the election of such person or persons)--

(i) in respect of each of the twelve years following the provision of the main, an amount not exceeding the relevant deficit (if any) for that year on that main; or

(ii) following provision of the main, a single amount not exceeding the discounted aggregate deficit on that main; and " .

(3) In subsection (6), for the words from "shall be referred" to the end there is substituted "may be referred to the Authority for determination under section 30A above by either party to the dispute.".

(4) For subsection (7) there is substituted--

" (7) In this section "relevant deficit" and "discounted aggregate deficit" have the meanings given by sections 43 and 43A below, respectively. "

(5) The amendments made by subsections (2) to (4) of this section do not apply in respect of water main requisitions (as defined in section 43(9) of the WIA) for which notice has been served under section 41(1) of that Act before the commencement of the subsection in question.

91 Water main requisitions: calculation of payments

(1) In section 43 of the WIA (calculation of "relevant deficit" for the purposes of section 42)--

(a) in paragraph (b) of subsection (4), after "providing" there is inserted "or procuring the provision of",

(b) for subsection (5) there is substituted--

" (5) In subsection (4) above the reference to an earlier main, in relation to the new main, is a reference to any water main which--

(a) has been provided in pursuance of a water main requisition; or

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