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Water Resources Act 1991

1991 CHAPTER 57

ARRANGEMENT OF SECTIONS

Go to Preamble

  1. Part I

    Preliminary

    1. I

      The National Rivers Authority

      1. 1. The National Rivers Authority.

      2. 2. The Authority’s functions.

      3. 3. Incidental functions of the Authority.

      4. 4. Incidental general powers of the Authority.

      5. 5. Ministerial directions to the Authority.

    2. II

      Committees with Functions in relation to the Authority

      1. Advisory committees

        1. 6. The advisory committee for Wales.

        2. 7. Regional rivers advisory committees.

        3. 8. Regional and local fisheries advisory committees.

      2. Flood defence committees

        1. 9. Continuance of regional flood defence committees.

        2. 10. Composition of regional flood defence committees.

        3. 11. Change of composition of regional flood defence committee.

        4. 12. Local flood defence schemes and local flood defence committees.

        5. 13. Composition of local flood defence committees.

        6. 14. Membership and proceedings of flood defence committees.

    3. III

      General Duties

      1. 15. General duties with respect to the water industry.

      2. 16. General environmental and recreational duties.

      3. 17. Environmental duties with respect to sites of special interest.

      4. 18. Codes of practice with respect to environmental and recreational duties.

  2. Part II

    Water Resources Management

    1. I

      General Management Functions

      1. 19. General management of resources by the Authority.

      2. 20. Water resources management schemes.

      3. 21. Minimum acceptable flows.

      4. 22. Directions to the Authority to consider minimum acceptable flow.

      5. 23. Minimum acceptable level or volume of inland waters.

    2. II

      Abstraction and Impounding

      1. Restrictions on abstraction and impounding

        1. 24. Restrictions on abstraction.

        2. 25. Restrictions on impounding.

      2. Rights to abstract or impound

        1. 26. Rights of navigation, harbour and conservancy authorities.

        2. 27. Rights to abstract small quantities.

        3. 28. Curtailment of rights under section 27.

        4. 29. Rights to abstract for drainage purposes etc.

        5. 30. Notices with respect to borings not requiring licences.

        6. 31. Appeals against conservation notices under section 30.

        7. 32. Miscellaneous rights to abstract.

        8. 33. Power to provide for further rights to abstract.

      3. Applications for a licence

        1. 34. Regulations with respect to applications.

        2. 35. Restrictions on persons who may make applications for abstraction licences.

        3. 36. Application for combined abstraction and impounding licence.

        4. 37. Publication of application for licence.

      4. Consideration of licence applications

        1. 38. General consideration of applications.

        2. 39. Obligation to have regard to existing rights and privileges.

        3. 40. Obligation to take river flow etc. into account.

      5. Call-in of applications

        1. 41. Secretary of State’s power to call in applications

        2. 42. Consideration of called-in applications.

      6. Appeals with respect to decisions on licence applications

        1. 43. Appeals to the Secretary of State.

        2. 44. Determination of appeals.

        3. 45. Regulations with respect to appeals.

      7. Form, contents and effect of licences

        1. 46. Form and contents of licences.

        2. 47. Holders of licence.

        3. 48. General effect of licence.

      8. Succession to licences

        1. 49. Succession to licences to abstract where person ceases to occupy the relevant land.

        2. 50. Succession where person becomes occupier of part of the relevant land.

      9. Modification of licences

        1. 51. Modification on application of licence holder.

        2. 52. Proposals for modification at instance of the Authority or Secretary of State.

        3. 53. Modification in pursuance of proposals under section 52.

        4. 54. Reference of modification proposals to the Secretary of State.

        5. 55. Application for modification of licence by owner of fishing rights.

        6. 56. Determination of application under section 55.

        7. 57. Emergency variation of licences for spray irrigation purposes.

        8. 58. Revocation of licence for non-payment of charges.

        9. 59. Regulations with respect to modification applications.

      10. Remedies and compensation in respect of infringement of protected rights etc.

        1. 60. Liability of the Authority for derogation from protected right.

        2. 61. Compensation where licence modified on direction of the Secretary of State.

        3. 62. Compensation for owner of fishing rights applying under section 55.

        4. 63. Secretary of State to indemnify Authority in certain cases.

      11. Supplemental provisions of Chapter II

        1. 64. Abstracting and impounding by the Authority.

        2. 65. Licences of right.

        3. 66. Inland waters owned or managed by British Waterways Board.

        4. 67. Ecclesiastical property.

        5. 68. Provision for appeals and references to tribunal.

        6. 69. Validity of decisions of Secretary of State and related proceedings.

        7. 70. Civil liability under Chapter II.

        8. 71. Modification of local enactments.

        9. 72. Interpretation of Chapter II.

    3. III

      Drought

      1. 73. Power to make ordinary and emergency drought orders.

      2. 74. Provisions and duration of ordinary drought order.

      3. 75. Provisions and duration of emergency drought order.

      4. 76. Provisions of drought order restricting use of water.

      5. 77. Provisions of drought order with respect to abstractions and discharges.

      6. 78. Works under drought orders.

      7. 79. Compensation and charges where drought order made.

      8. 80. Offences against drought order.

      9. 81. Interpretation of Chapter III.

  3. Part III

    Control of Pollution of Water Resources

    1. I

      Quality Objectives

      1. 82. Classification of quality of waters.

      2. 83. Water quality objectives.

      3. 84. General duties to achieve and maintain objectives etc.

    2. II

      Pollution Offences

      1. Principal offences

        1. 85. Offences of polluting controlled waters.

        2. 86. Prohibition of certain discharges by notice or regulations.

        3. 87. Discharges into and from public sewers etc.

        4. 88. Defence to principal offences in respect of authorised discharges.

        5. 89. Other defences to principal offences.

      2. Offences in connection with deposits and vegetation in rivers

        1. 90. Offences in connection with deposits and vegetation in rivers.

      3. Appeals in respect of consents under Chapter II

        1. 91. Appeals in respect of consents under Chapter II.

    3. III

      Powers to Prevent and Control Pollution

      1. 92. Requirements to take precautions against pollution.

      2. 93. Water protection zones.

      3. 94. Nitrate sensitive areas.

      4. 95. Agreements in nitrate sensitive areas.

      5. 96. Regulations with respect to consents required by virtue of section 93 or 94.

      6. 97. Codes of good agricultural practice.

    4. IV

      Supplemental Provisions with respect to Water Pollution

      1. 98. Radioactive substances.

      2. 99. Consents required by the Authority.

      3. 100. Civil liability in respect of pollution and savings.

      4. 101. Limitation for summary offences under Part III.

      5. 102. Power to give effect to international obligations.

      6. 103. Transitional pollution provisions.

      7. 104. Meaning of “controlled waters” etc. in Part III.

  4. Part IV

    Flood Defence

    1. General

      1. 105. General functions with respect to flood defence.

      2. 106. Obligation to carry out flood defence functions through committees.

    2. Main river functions

      1. 107. Main river functions under the Land Drainage Act 1991.

      2. 108. Schemes for transfer to the Authority of functions in relation to main river.

      3. 109. Structures in, over or under a main river.

      4. 110. Applications for consents and approvals under section 109.

    3. Arrangements with certain authorities

      1. 111. Arrangements with navigation and conservancy authorities.

    4. Supplemental

      1. 112. Flood defence regulations.

      2. 113. Interpretation of Part IV.

  5. Part V

    General Control of Fisheries

    1. 114. General fisheries duty of the Authority.

    2. 115. Fisheries orders.

    3. 116. Power to give effect to international obligations.

  6. Part VI

    Financial provisions in relation to the Authority

    1. I

      General Financial Provisions

      1. 117. General financial duties.

      2. 118. Special duties with respect to flood defence revenue.

      3. 119. Duties with respect to certain funds raised under local enactments.

      4. 120. Contributions between the Authority and certain other authorities.

      5. 121. Accounts of the Authority.

      6. 122. Audit.

    2. II

      Revenue Provisions

      1. Water resources charges

        1. 123. Power to make scheme imposing water resources charges.

        2. 124. Approval of scheme under section 123.

        3. 125. Specific exemptions from water resources charges.

        4. 126. Agreements containing exemptions from charges.

        5. 127. Special charges in respect of spray irrigation.

        6. 128. Duration of agreement under section 127.

        7. 129. Directions and appeals with respect to exercise of powers under sections 127 and 128.

        8. 130. Charges in respect of abstraction from waters of British Waterways Board.

      2. Charges in connection with control of pollution

        1. 131. Power to make scheme of charges.

        2. 132. Approval of scheme under section 131.

      3. Levies by the Authority on local authorities

        1. 133. Power to authorise the Authority to issue levies.

      4. General drainage charges

        1. 134. Raising of general drainage charges.

        2. 135. Amount, assessment etc. of general drainage charge.

        3. 136. Determination of the relevant quotient.

      5. Special drainage charges

        1. 137. Special drainage charges in interests of agriculture.

        2. 138. Levying and amount of special drainage charge.

      6. Revenue from internal drainage boards

        1. 139. Contributions from internal drainage boards.

        2. 140. Appeals in respect of resolutions under section 139.

        3. 141. Precepts for recovery of contributions from internal drainage boards.

      7. Fisheries contributions

        1. 142. Fisheries contributions.

      8. Navigation tolls

        1. 143. Power of Authority to levy navigation tolls.

      9. Incidental power of the Authority to impose charges

        1. 144. Incidental power of the Authority to impose charges.

      10. Interpretation of Chapter II

        1. 145. Interpretation of Chapter II.

    3. III

      Grants and Loans

      1. Grants to the Authority

        1. 146. Revenue grants.

        2. 147. Grants for drainage works.

        3. 148. Grants towards cost of flood warning systems.

        4. 149. Other grants in respect of exercise of powers under Part VII for drainage purposes.

        5. 150. Grants for national security purposes.

      2. Borrowing by the Authority

        1. 151. Borrowing powers of the Authority.

        2. 152. Loans to the Authority.

        3. 153. Treasury guarantees of the Authority’s borrowing.

  7. Part VII

    Land and Works Powers

    1. I

      Powers of the Authority

      1. Provisions in relation to land

        1. 154. Compulsory purchase etc.

        2. 155. Accretions of land resulting from drainage works.

        3. 156. Acquisition of land etc. for fisheries purposes.

        4. 157. Restriction on disposals of compulsorily acquired land.

      2. Works agreements for water resources purposes

        1. 158. Works agreements for water resources purposes.

      3. General pipe-laying powers

        1. 159. Powers to lay pipes in streets.

        2. 160. Power to lay pipes in other land.

      4. Anti-pollution works

        1. 161. Anti-pollution works and operations.

        2. 162. Other powers to deal with foul water and pollution.

      5. Powers to discharge water

        1. 163. Discharges for works purposes.

        2. 164. Consents for certain discharges under section 163.

      6. Flood defence and drainage works

        1. 165. General powers to carry out flood defence and drainage works.

        2. 166. Power to carry out works for purpose of providing flood warning system.

        3. 167. Power to dispose of spoil in connection with flood defence works.

      7. Compulsory works orders

        1. 168. Compulsory works orders.

    2. II

      Powers of Entry

      1. 169. Powers of entry for enforcement purposes.

      2. 170. Power of entry for certain works purposes.

      3. 171. Power to carry out surveys and to search for water.

      4. 172. Powers of entry for other purposes.

      5. 173. Powers of entry: supplemental provisions.

      6. 174. Impersonation of persons exercising powers of entry.

    3. III

      Provisions supplemental to Land and Works Powers

      1. Vesting of pipes in the Authority

        1. 175. Vesting of pipes in the Authority.

      2. Offence of interference with works etc.

        1. 176. Offence of interference with works etc.

      3. Compensation etc. in respect of exercise of works powers

        1. 177. Compensation etc. in respect of exercise of works powers.

      4. Protective provisions

        1. 178. Protection for particular undertakings.

        2. 179. Protective provisions in respect of flood defence works and watercourses etc.

        3. 180. Power of navigation authorities etc to divert the Authority’s watercourses.

        4. 181. Works in tidal lands etc.

        5. 182. Mineral rights.

        6. 183. Saving for planning controls etc.

        7. 184. Duties to make recreational facilities available when building reservoirs in Wales.

      5. Savings in respect of existing drainage obligations

        1. 185. Savings in respect of existing drainage obligations.

      6. Interpretation of Part VII

        1. 186. Interpretation of Part VII.

  8. Part VIII

    Information Provisions

    1. Annual report and publication of information

      1. 187. Annual report of the Authority.

      2. 188. Duty of Authority to publish certain information.

    2. Registers etc. to be kept by the Authority

      1. 189. Register of abstraction and impounding licences.

      2. 190. Pollution control register.

      3. 191. Register for the purposes of works discharges.

      4. 192. Maps of freshwater limits.

      5. 193. Main river maps.

      6. 194. Amendment of main river maps.

      7. 195. Maps of waterworks.

    3. Provision and acquisition of information etc.

      1. 196. Provision of information by the Authority to the Ministers.

      2. 197. Provision of information about water flow etc.

      3. 198. Information about underground water.

      4. 199. Notice etc. of mining operations which may affect water conservation.

      5. 200. Gauges and records kept by other persons.

      6. 201. Power to require information with respect to abstraction.

      7. 202. Information and assistance required in connection with the control of pollution.

      8. 203. Exchange of information with respect to pollution incidents etc.

    4. Restriction on disclosure of information

      1. 204. Restriction on disclosure of information.

      2. 205. Confidentiality of information relating to underground water etc.

    5. Making of false statements etc.

      1. 206. Making of false statements etc.

  9. Part IX

    Miscellaneous and Supplemental

    1. Miscellaneous

      1. 207. Directions in the interests of national security etc.

      2. 208. Civil liability of the Authority for escapes of water etc.

      3. 209. Evidence of samples and abstractions.

    2. Byelaws

      1. 210. Byelaw-making powers of the Authority.

      2. 211. Enforcement of byelaws.

      3. 212. Compensation in respect of certain fisheries byelaws.

    3. Local inquiries

      1. 213. General powers to hold local inquiries.

      2. 214. Power to hold inquiries for flood defence purposes etc.

      3. 215. Procedure at local inquiries.

    4. Offences etc.

      1. 216. Enforcement: powers and duties.

      2. 217. Criminal liabilities of directors and other third parties.

    5. Judicial disqualification

      1. 218. Judicial disqualification.

    6. Powers to make regulations

      1. 219. Powers to make regulations.

    7. Construction of Act

      1. 220. Provisions relating to service of documents.

      2. 221. General interpretation.

    8. Other supplemental provisions

      1. 222. Crown application.

      2. 223. Exemption for visiting forces.

      3. 224. Application to Isles of Scilly.

      4. 225. Short title, commencement and extent.

    1. Schedule 1

      The National Rivers Authority.

    2. Schedule 2

      Orders and Agreements for transfer of Navigation, Harbour and Conservancy Functions.

    3. Schedule 3

      Boundaries of Regional Flood Defence Areas.

    4. Schedule 4

      Membership and Proceedings of Regional and Local Flood Defence Committees.

      1. Part I

        Membership of Flood Defence Committees.

      2. Part II

        Proceedings of Flood Defence Committees.

    5. Schedule 5

      Procedure relating to Statements on Minimum Acceptable Flow.

    6. Schedule 6

      Orders providing for Exemption from Restrictions on Abstraction.

    7. Schedule 7

      Licences of Right.

    8. Schedule 8

      Proceedings on Applications for Drought Orders.

    9. Schedule 9

      Compensation in respect of Drought Orders.

    10. Schedule 10

      Discharge Consents.

    11. Schedule 11

      Water Protection Zone Orders.

    12. Schedule 12

      Nitrate Sensitive Area Orders.

      1. Part I

        Applications by the Authority for Designation Orders.

      2. Part II

        Orders containing Mandatory Provisions.

    13. Schedule 13

      Transitional Water Pollution Provisions.

    14. Schedule 14

      Orders transferring Main River Functions to the Authority.

    15. Schedule 15

      Supplemental provisions with respect to Drainage Charges.

    16. Schedule 16

      Schemes imposing Special Drainage Charges.

    17. Schedule 17

      Orders with respect to Navigation Tolls.

    18. Schedule 18

      Modification of Compensation Provisions etc. in relation to the Creation of New Rights.

    19. Schedule 19

      Orders conferring Compulsory Works Powers.

    20. Schedule 20

      Supplemental Provisions with respect to Powers of Entry.

    21. Schedule 21

      Compensation etc. in respect of certain works powers.

    22. Schedule 22

      Protection for particular Undertakings.

    23. Schedule 23

      ineral Rights.

    24. Schedule 24

      Disclosure of Information.

      1. Part I

        Persons in respect of whose Functions Disclosure may be made.

      2. Part II

        Enactments etc. in respect of which Disclosure may be made.

    25. Schedule 25

      Byelaw-making powers of the Authority.

    26. Schedule 26

      Procedure relating to Byelaws made by the Authority.

An Act to consolidate enactments relating to the National Rivers Authority and the matters in relation to which it exercises functions, with amendments to give effect to recommendations of the Law Commission.

[25th July 1991]

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

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