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It shall be the duty of the Authority to maintain, improve and develop salmon fisheries, trout fisheries, freshwater fisheries and eel fisheries.
(1) Subject to the following provisions of this section, each of the Ministers shall have power, on an application made to him by the Authority, by order made by statutory instrument to make provision in relation to an area defined by the order for the modification, in relation to the fisheries in that area—
(a) of any provisions of the [1975 c. 51.] Salmon and Freshwater Fisheries Act 1975 relating to the regulation of fisheries;
(b) of section 156 below; or
(c) of any provisions of a local Act relating to any fishery in that area.
(2) An order under this section—
(a) may contain such supplemental, consequential and transitional provision, including provision for the payment of compensation to persons injuriously affected by the order, as may appear to be necessary or expedient in connection with the other provisions of the order; but
(b) shall not apply to any waters in respect of which either of the Ministers has granted a licence under section 29 of the Salmon and Freshwater Fisheries Act 1975 (fish rearing licences).
(3) Before either of the Ministers makes an order under this section he shall—
(a) send to the Authority a copy of the draft order; and
(b) notify the Authority of the time within which, and the manner in which, objections to the draft order may be made to him.
(4) Neither of the Ministers shall make an order under this section unless the Authority has caused notice of—
(a) that Minister’s intention to make the order;
(b) the place where copies of the draft order may be inspected and obtained; and
(c) the matters notified under subsection (3)(b) above,
to be published in the London Gazette and, if it is directed to do so by one of the Ministers, in such other manner as that Minister thinks best adapted for informing persons affected.
(5) Before either of the Ministers makes an order under this section he-
(a) shall consider any objection which may be duly made to the draft order; and
(b) may cause a public local inquiry to be held with respect to any such objections.
(6) A statutory instrument containing an order under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament; and, where a statutory instrument is laid before Parliament for the purposes of this paragraph, a copy of the report of any local inquiry held with respect to objections considered in connection with the making of the order contained in that instrument shall be so laid at the same time.
(7) Where—
(a) any fishery, land or foreshore proposed to be comprised in an order under this section; or
(b) any fishery proposed to be affected by any such order; or
(c) any land over which it is proposed to acquire an easement under any such order,
belongs to Her Majesty in right of the Crown or forms part of the possessions of the Duchy of Lancaster or the Duchy of Cornwall or belongs to, or is under the management of, any government department, the order may be made by one of the Ministers only if he has previously obtained the consent of the appropriate authority.
(8) In subsection (7) above “the appropriate authority”—
(a) in the case of any foreshore under the management of the Crown Estate Commissioners or of any fishery or land belonging to Her Majesty in right of the Crown, means those Commissioners;
(b) in the case of any foreshore, fishery or land forming part of the possessions of the Duchy of Lancaster, means the Chancellor of the Duchy;
(c) in the case of any foreshore, fishery or land forming part of the possessions of the Duchy of Cornwall, means the Duke of Cornwall or the persons for the time being empowered to dispose for any purpose of the land of the Duchy;
(d) in the case of any foreshore, fishery or land which belongs to or is under the management of a government department, means that government department.
(9) In this section “foreshore” includes the shore and bed of the sea and of every channel, creek, bay, estuary and navigable river as far as the tide flows.
Each of the Ministers shall have power by regulations to provide that the provisions of this Part or of any other enactment relating to the carrying out by the Authority of such of its functions as relate to fisheries shall have effect with such modifications as may be prescribed by the regulations for the purpose of enabling 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.
(1) Subject to section 118 below, the Ministers may, after consultation with the Authority and with the Treasury’s approval, determine the financial duties of the Authority, and different determinations may be made for different functions and activities of the Authority.
(2) The Ministers shall give the Authority notice of every determination under this section, and such a determination may—
(a) relate to a period beginning before the date on which it is made;
(b) contain supplemental provisions; and
(c) be varied by a subsequent determination.
(3) Subject to sections 118(1) and 119(2) below, where it appears to the Secretary of State that the Authority has a surplus, whether on capital or revenue account, the Secretary of State may, after consultation with the Treasury and the Authority, direct the Authority to pay to him such amount not exceeding the amount of that surplus as may be specified in the direction.
(4) Any sum received by the Secretary of State under subsection (3) above shall be paid into the Consolidated Fund.
(1) Revenue raised by the Authority as mentioned in subsection (2) below—
(a) shall, except for any amount falling within subsection (3) below, be spent only in the carrying out of the Authority’s flood defence functions in or for the benefit of the local flood defence district in which it is raised; and
(b) shall be disregarded in determining the amount of any surplus for the purposes of section 117(3) above.
(2) The revenue referred to in subsection (1) above is revenue raised by the Authority in a local flood defence district—
(a) by virtue of any regulations under section 74 of the [1988 c. 41.] Local Government Finance Act 1988 (power to issue levies);
(b) by general drainage charges under sections 134 to 136 below;
(c) by special drainage charges under sections 137 and 138 below; or
(d) by contributions required under section 139(1) below.
(3) An amount falls within this subsection if it is an amount which the Authority considers it appropriate—
(a) to set aside towards research or related activities or towards meeting the Authority’s administrative expenses; or
(b) to be paid by way of contribution towards expenses incurred by the Authority or any regional flood defence committee under arrangements made for the purposes of section 106(1)(b) above.
(4) Any amount specified in a resolution under section 58(1)(b) of the [1991 c. 59.] Land Drainage Act 1991 in relation to any local flood defence district (allocation of revenue in lieu of contributions) shall be treated for the purposes of this section as if it were revenue actually raised by contributions required under section 139(1) below.
(5) For the purposes of this section, the following sums, that is to say—
(a) any sums held by the Authority by virtue of any transfer of property, rights or liabilities from a water authority in accordance with a scheme under Schedule 2 to the [1989 c. 15.] Water Act 1989, in so far as those sums represent amounts which the water authority was required by virtue of paragraph 31 of Schedule 3 to the [1973 c. 37.] Water Act 1973 to spend only in the discharge of their land drainage functions in or for the benefit of a particular local land drainage district; and
(b) any sums raised by the Authority in a flood defence district by virtue of a precept issued under section 46 of the [1976 c. 70.] Land Drainage Act 1976,
shall be treated as revenue raised by the Authority as mentioned in subsection (2) above in the corresponding local flood defence district or, as the case may be, in that local flood defence district.
(6) For the purposes of this section so much of the area of a regional flood defence committee as is an area in relation to which no local flood defence scheme is in force shall be treated as a single local flood defence district.
(1) The funds which the Authority is required at the coming into force of this section under subsection (1) of section 88 of the [1963 c. 38.] Water Resources Act 1963 (funds held for particular purposes under local statutory provisions) to use only for particular purposes and any interest in any such funds shall not be used except for the purposes for which they could be used by virtue of that subsection.
(2) Any funds to which subsection (1) above applies shall be disregarded in determining the amount of any surplus under section 117(3) above.
(1) Where, on the application of a navigation authority, harbour authority or conservancy authority, it appears to the Authority that any works constructed or maintained by the applicants have made, or will make, a beneficial contribution towards the fulfilment of the purposes of the Authority’s water resources functions, the Authority shall contribute towards the expenditure incurred or to be incurred by the applicants in constructing or maintaining those works.
(2) Where, on the application of the Authority, it appears to a navigation authority, harbour authority or conservancy authority that any works constructed or maintained by the Authority in the carrying out of its water resources functions have made, or will make, a beneficial contribution towards the carrying out of the functions of the authority to whom the application is made, that authority shall contribute to the Authority towards the expenditure incurred or to be incurred by the Authority in constructing or maintaining those works.
(3) Subject to the following provisions of this section, the sums to be paid by way of contribution and the terms and conditions on which they are to be paid shall be such as the Authority and the other authority concerned may agree to be appropriate.
(4) If on any application under this section—
(a) the Authority or, as the case may be, the other authority to whom the application is made refuses to make a contribution; or
(b) the Authority and the other authority concerned are unable to agree as to the sums to be contributed or the terms and conditions on which they are to be contributed,
the Authority or the other authority concerned may refer the matter in dispute to the Secretary of State.
(5) On a reference under subsection (4) above the Secretary of State may either—
(a) determine that matter himself; or
(b) refer it for determination to an arbitrator appointed by him for the purpose;
and where any decision has been made by the Secretary of State or an arbitrator under this subsection, the decision shall be final and a contribution shall be made in accordance with the decision as if the sums, terms or conditions determined under this subsection had been agreed to be appropriate as mentioned in subsection (3) above.
(6) Any expenditure incurred by a navigation authority, harbour authority or conservancy authority in paying any contribution under this section shall be defrayed in the like manner as any corresponding expenditure of that authority; and that authority shall have the same powers for the purpose of raising money required for paying any such contribution as they would have for the purpose of raising money required for defraying any corresponding expenditure of that authority.
(7) In subsection (6) above the references to corresponding expenditure of a navigation authority, harbour authority or conservancy authority, in relation to the payment of a contribution in respect of any works, are references to expenditure incurred by the authority in performing the functions in respect of which it is claimed by the Authority that the works have made, or will make, such a beneficial contribution as is mentioned in subsection (2) above.
(8) References in this section to the water resources functions of the Authority are references to the functions of the Authority under Part II of this Act or under any provisions not contained in that Part which are related water resources provisions in relation to Chapter II of that Part.
(1) It shall be the duty of the Authority—
(a) to keep proper accounts and proper records in relation to the accounts; and
(b) to prepare in respect of each accounting year a statement of accounts giving a true and fair view of the state of affairs and the income and expenditure of the Authority.
(2) Every statement of accounts prepared by the Authority in accordance with this section shall comply with any requirement which the Ministers have, with the consent of the Treasury, notified in writing to the Authority and which relates to any of the following matters, namely—
(a) the information to be contained in the statement;
(b) the manner in which that information is to be presented;
(c) the methods and principles according to which the statement is to be prepared.
(3) Subject to subsection (4) below, in this section and section 122 below “accounting year”, in relation to the Authority, means a financial year.
(4) If the Secretary of State so directs in relation to any accounting year of the Authority, that accounting year shall end with such date other than the next 31st March as may be specified in the direction; and, where the Secretary of State has given such a direction, the following accounting year shall begin with the day after the date so specified and, subject to any further direction under this subsection, shall end with the next 31st March.
(1) The accounts of the Authority shall be audited by auditors appointed for each accounting year by the Secretary of State.
(2) A person shall not be qualified for appointment for the purposes of subsection (1) above unless he is—
(a) a member of a body of accountants established in the United Kingdom and recognised for the purposes of section 389(1)(a) of the [1985 c. 6.] Companies Act 1985; or
(b) a member of the Chartered Institute of Public Finance and Accountancy;
but a firm may be so appointed if each of its members is qualified to be so appointed.
(3) A copy of any accounts of the Authority which are audited under subsection (1) above and of the report made on those accounts by the auditors shall be sent to each of the Ministers as soon as reasonably practicable after the report is received by the Authority; and the Secretary of State shall lay a copy of any accounts or report sent to him under this subsection before Parliament.
(4) The Comptroller and Auditor General shall be entitled to inspect the contents of all books, papers and other records of the Authority relating to, or to matters dealt with in, the accounts required to be kept by virtue of section 121 above; and, accordingly, section 6 of the [1983 c. 44.] National Audit Act 1983 (examinations of economy, efficiency and effectiveness) shall apply to the Authority.
(5) In this section “accounts”, in relation to the Authority, includes any statement under section 121 above.
(1) Where—
(a) an application is made for any licence under Chapter II of Part II of this Act or for the variation of, or of the conditions of, any such licence;
(b) a licence under that Chapter to abstract water is granted to any person or there is a variation of any such licence or of the conditions of any such licence; or
(c) a licence under that Chapter to abstract water is for the time being in force,
the Authority may require the payment to it of such charges as may be specified in or determined under a scheme made by it under this section.
(2) The persons who shall be liable to pay charges which are required to be paid by virtue of a scheme under this section shall be—
(a) in the case of a charge by virtue of subsection (1)(a) above, the person who makes the application; and
(b) in the case of a charge by virtue of subsection (1)(b) or (c) above, the person to whom the licence is granted or, as the case may be, the person holding the licence which is varied or is in force.
(3) Provision made by a scheme for the purposes of subsection (1)(c) above may impose a single charge in respect of the whole period for which a licence is in force or separate charges in respect of different parts of that period or both such a single charge and such separate charges.
(4) The Authority shall not make a scheme under this section unless its provisions have been approved by the Secretary of State under section 124 below.
(5) A scheme under this section may—
(a) make provision with respect to the times and methods of payment of the charges which are required to be paid by virtue of the scheme;
(b) make different provision for different cases, including different provision in relation to different circumstances or localities; and
(c) contain supplemental, consequential and transitional provision for the purposes of the scheme;
and such a scheme may revoke or amend a previous scheme under this section.
(6) It shall be the duty of the Authority to take such steps as it considers appropriate for bringing the provisions of any scheme under this section which is for the time being in force to the attention of persons likely to be affected by them.
(7) A scheme under this section shall have effect subject to any provision made by or under section 58 above or sections 125 to 130 below.
(1) Before submitting a scheme under section 123 above to the Secretary of State for his approval the Authority shall, in such manner as it considers appropriate for bringing it to the attention of persons likely to be affected by the scheme, publish a notice—
(a) setting out its proposals; and
(b) specifying the period within which representations or objections with respect to the proposals may be made to the Secretary of State.
(2) Where any proposed scheme under section 123 above has been submitted to the Secretary of State for his approval, it shall be the duty of the Secretary of State, in determining whether or not to approve the scheme or to approve it subject to modifications—
(a) to consider any representations or objections duly made to him and not withdrawn; and
(b) to have regard to the matters specified in subsection (3) below.
(3) The matters mentioned in subsection (2) above are—
(a) the desirability of ensuring that the amounts recovered by the Authority by way of charges fixed by or under schemes under section 123 above are the amounts which, taking one year with another, are required by the Authority for recovering such amounts as the Secretary of State may consider it appropriate to attribute to the expenses incurred by the Authority in carrying out its functions under Part II of this Act; and
(b) the need to ensure that no undue preference is shown, and that there is no undue discrimination, in the fixing of charges by or under any scheme under that section.
(4) For the purposes of subsection (3)(a) above—
(a) the Secretary of State shall take into account any determinations under section 117 above in determining the amounts which he considers it appropriate to attribute to the expenses incurred by the Authority in carrying out its functions under Part II of this Act; and
(b) those amounts may include amounts in respect of the depreciation of, and the provision of a return on, such of the Authority’s assets as are held by it for purposes connected with the carrying out of those functions.
(5) The consent of the Treasury shall be required for the giving of an approval to a scheme under section 123 above.
(1) No charges, other than those for the purpose of recovering administrative expenses attributable to the exercise by the Authority of its functions in relation to the application for the licence, shall be levied in respect of water authorised by a licence to be abstracted for use in the production of electricity or any other form of power by any generating station or apparatus of a capacity of not more than five megawatts.
(2) No charges shall be levied in respect of water authorised by a licence to be abstracted from underground strata, in so far as—
(a) the water is authorised to be abstracted for use for agricultural purposes other than spray irrigation; and
(b) the quantity of water authorised to be abstracted from the strata in any period of twenty-four hours does not exceed twenty cubic metres in aggregate.
(1) The Authority may, on the application of any person who is liable to pay charges to the Authority for the abstraction of water under a licence under Chapter II of Part II of this Act, make an agreement with him either exempting him from the payment of charges or providing for charges to be levied on him at reduced rates specified in the agreement.
(2) In the exercise of its powers under subsection (1) above in relation to any person, the Authority shall have regard to—
(a) the extent to which any works constructed at any time by that person or any works to be constructed by him have made, or will make, a beneficial contribution towards the fulfilment of the purposes of the functions of the Authority under any enactment;
(b) any financial assistance which that person has rendered, or has agreed to render, towards the carrying out of works by the Authority in the performance of those functions; and
(c) any other material considerations.
(3) The Secretary of State may give directions as to the exercise by the Authority of its powers under subsection (1) above.
(4) Without prejudice to the exercise of the power conferred by subsection (3) above, if on any application under this section—
(a) the Authority refuses to make an agreement with the applicant as mentioned in subsection (1) above; or
(b) the applicant objects to the terms of such an agreement as proposed by the Authority and that objection is not withdrawn,
the applicant or the Authority may refer the question in dispute to the Secretary of State.
(5) On a reference under subsection (4) above—
(a) the Secretary of State shall determine the question in dispute, having regard to the matters to which, in accordance with subsection (2) above, the Authority was required to have regard in relation to the applicant; and
(b) may give directions to the Authority requiring it to make an agreement with the applicant in accordance with his decision.
(6) Section 68 above shall have effect for the purposes of so much of this section as relates to a reference to the Secretary of State as if references in that section to Chapter II of Part II of this Act included references to this section.
(7) Any decision of the Secretary of State on a reference under subsection (4) above shall be final; and section 69 above shall apply in relation to the decision on a reference under this section as it applies in relation to a decision on a reference such as is mentioned in subsection (1)(b) of that section, but as if references to the other party were references to the applicant.
(1) Where a person (“the applicant”) is for the time being the holder of a licence under Chapter II of Part II of this Act to abstract water (“the applicant’s licence”), and in accordance with the provisions of that licence—
(a) the water is to be used on land of which the applicant is the occupier; and
(b) the purposes for which water abstracted in pursuance of the licence is to be used consist of or include spray irrigation,
the applicant may apply to the Authority to make an agreement with him under this section and, subject to the following provisions of this section and sections 128 and 129 below, the Authority may make such an agreement accordingly.
(2) During any period for which an agreement under this section is in force, the following charges shall be payable by the applicant to the Authority in respect of the applicant’s licence, in so far as it relates to water authorised to be abstracted and used on the relevant land, that is to say—
(a) basic charges calculated, in accordance with the agreement, by reference to the quantity of water authorised to be so abstracted and used from time to time in pursuance of the licence; and
(b) supplementary charges calculated, in accordance with the agreement, by reference to the quantity of water which is measured or assessed as being abstracted from time to time by or on behalf of the applicant from the source of supply to which the applicant’s licence relates for use on the relevant land.
(3) In determining—
(a) whether to make an agreement with the applicant under this section; and
(b) the charges to be leviable under such an agreement,
the Authority shall have regard to the extent to which, in any year within the period proposed to be specified in the agreement as the period for which it is made, the quantity of water referred to in paragraph (a) of subsection (2) above is likely to exceed the quantity referred to in paragraph (b) of that subsection.
(4) Where the applicant’s licence authorises water abstracted in pursuance of the licence to be used on the relevant land for purposes which include spray irrigation and other purposes—
(a) any agreement made under this section shall provide for apportioning, as between those purposes respectively, the quantity referred to in paragraph (a) of subsection (2) above and the quantity referred to in paragraph (b) of that subsection;
(b) subsection (2) above shall have effect as if in each of those paragraphs the reference to the quantity of water mentioned in that paragraph were a reference to so much of that quantity as in accordance with the agreement is apportioned to the purpose of spray irrigation; and
(c) in subsection (3) above any reference to either of those paragraphs shall be construed as a reference to that paragraph as modified by paragraph (b) of this subsection.
(5) An application under subsection (1) above may be made by a person who has applied for, but is not yet the holder of, a licence under Chapter II of Part II of this Act to abstract water; and, in relation to an application so made or to an agreement made on such an application—
(a) the reference in that subsection to the provisions of the applicant’s licence shall be construed as a reference to the proposals contained in the application for a licence; and
(b) any other reference in this section or in section 128 or 129 below to the applicant’s licence shall be construed as a reference to any licence granted to the applicant in pursuance of the application mentioned in paragraph (a) above or in pursuance of an appeal consequential upon the application so mentioned.
(6) In this section and sections 128 and 129 below—
“the applicant” and “the applicant’s licence” shall be construed, subject to subsection (5) above, in accordance with subsection (1) above;
“the relevant land” means the land on which the applicant’s licence, as for the time being in force, authorises water abstracted in pursuance of the licence to be used for purposes which consist of or include spray irrigation; and
“year” means a period of twelve months beginning—
(a) with the date on which an agreement under this section comes into force or is proposed to come into force; or
(b) with an anniversary of that date.
(1) The period specified in an agreement under section 127 above as the period for which it is made shall not be less than five years.
(2) An agreement under section 127 above shall remain in force until the occurrence of whichever of the following events first occurs, that is to say—
(a) the period specified in the agreement, as mentioned in subsection (1) above, comes to an end;
(b) the applicant’s licence expires or is revoked;
(c) the applicant ceases to be the occupier of the relevant land or, if he has previously ceased to be the occupier of a part or parts of that land, ceases to be the occupier of the remainder of it;
(d) the agreement is terminated under subsection (4) below.
(3) At any time while an agreement under section 127 above is in force, the applicant may apply to the Authority to terminate the agreement.
(4) If, on an application for the termination of an agreement under section 127 above, the Authority is satisfied that, by reason of any change of circumstances since the agreement was made, it ought to be terminated, it may terminate the agreement, either unconditionally or subject to such conditions (whether as to any payment to be made by the applicant or otherwise) as the Authority and the applicant may agree.
(1) The Secretary of State may give directions as to the exercise by the Authority of its powers under sections 127 and 128 above.
(2) Without prejudice to the exercise of the power conferred by subsection (1) above, if on any application under section 127 or 128 above—
(a) the Authority refuses to make or terminate an agreement under section 127 above; or
(b) the applicant objects to the proposals of the Authority—
(i) as to the terms of such an agreement; or
(ii) as to the conditions subject to which such an agreement is to be terminated,
and that objection is not withdrawn,
the applicant or the Authority may refer the question in dispute to the Secretary of State.
(3) On a reference under subsection (2) above—
(a) the Secretary of State shall determine the question in dispute, having regard to the matters to which, in accordance with subsection (3) of section 127 above, the Authority would be required to have regard in relation to the applicant on an application under that section; and
(b) may give directions to the Authority requiring it to make an agreement with the applicant in accordance with his decision.
(4) Section 68 above shall have effect for the purposes of so much of this section as relates to a reference to the Secretary of State as if references in that section to Chapter II of Part II of this Act included references to this section.
(5) Any decision of the Secretary of State on a reference under subsection (2) above shall be final; and section 69 above shall apply in relation to the decision on a reference under this section as it applies in relation to a decision on a reference such as is mentioned in subsection (1)(b) of that section, but as if references to the other party were references to the applicant.
Water Resources Act 1991