(1) It shall be the duty of the Authority to take all such action as it may from time to time consider, in accordance (if any have been given for the purposes of this section) with the directions of the Secretary of State, to be necessary or expedient for the purpose—
(a) of conserving, redistributing or otherwise augmenting water resources in England and Wales; and
(b) of securing the proper use of water resources in England and Wales.
(2) Nothing in this section shall be construed as relieving any water undertaker of the obligation to develop water resources for the purpose of performing any duty imposed on it by virtue of section 37 of the [1991 c. 56.] Water Industry Act 1991 (general duty to maintain water supply system).
(1) It shall be the duty of the Authority so far as reasonably practicable to enter into and maintain such arrangements with water undertakers for securing the proper management or operation of—
(a) the waters which are available to be used by water undertakers for the purposes of, or in connection with, the carrying out of their functions; and
(b) any reservoirs, apparatus or other works which belong to, are operated by or are otherwise under the control of water undertakers for the purposes of, or in connection with, the carrying out of their functions,
as the Authority from time to time considers appropriate for the purpose of carrying out its functions under section 19(1) above.
(2) Without prejudice to the power of the Authority and any water undertaker to include any such provision as may be agreed between them in arrangements under this section, such arrangements may—
(a) make provision by virtue of subsection (1)(a) above with respect to the construction or installation of any reservoirs, apparatus or other works which will be used by the undertaker in the carrying out of its functions;
(b) contain provision requiring payments to be made by the Authority to the undertaker; and
(c) require the reference to and determination by the Secretary of State or the Director General of Water Services of questions arising under the arrangements.
(3) The Authority shall send a copy of any arrangements entered into by it under this section to the Secretary of State; and the obligations of a water undertaker by virtue of any such arrangements shall be enforceable under section 18 of the [1991 c. 56] Water Industry Act 1991 (enforcement orders) by the Secretary of State.
(1) The Authority may, if it thinks it appropriate to do so, submit a draft statement to the Secretary of State containing, in relation to any inland waters that are not discrete waters—
(a) provision for determining the minimum acceptable flow for those waters; or
(b) where any provision for determining such a flow is for the time being in force in relation to those waters, provision for amending that provision or for replacing it with different provision for determining the minimum acceptable flow for those waters.
(2) The provision contained in any statement for determining the minimum acceptable flow for any inland waters shall, in relation to the inland waters to which it relates, set out—
(a) the control points at which the flow in the waters is to be measured;
(b) the method of measurement which is to be used at each control point; and
(c) the flow which is to be the minimum acceptable flow at each control point or, where appropriate, the flows which are to be the minimum acceptable flows at each such point for the different times or periods specified in the statement.
(3) Before preparing so much of any draft statement under this section as relates to any particular inland waters, the Authority shall consult—
(a) any water undertaker having the right to abstract water from those waters;
(b) any other water undertaker having the right to abstract water from any related underground strata;
(c) the drainage board for any internal drainage district from which water is discharged into those waters or in which any part of those waters is situated;
(d) any navigation authority, harbour authority or conservancy authority having functions in relation to those waters or any related inland waters;
(e) if those waters or any related inland waters are tidal waters in relation to which there is no such navigation authority, harbour authority or conservancy authority, the Secretary of State for Transport; and
(f) any person authorised by a licence under Part I of the [1989 c. 29.] Electricity Act 1989 to generate electricity.
(4) In determining the flow to be specified in relation to any inland waters under subsection (2)(c) above, the Authority shall have regard—
(a) to the flow of water in the inland waters from time to time;
(b) in the light of its duties under sections 2(2), 16 and 17 above, to the character of the inland waters and their surroundings; and
(c) to any water quality objectives established under Chapter I of Part III of this Act in relation to the inland waters or any other inland waters which may be affected by the flow in the inland waters in question.
(5) The flow specified in relation to any inland waters under subsection (2)(c) above shall be not less than the minimum which, in the opinion of the Authority, is needed for safeguarding the public health and for meeting (in respect of both quantity and quality of water)—
(a) the requirements of existing lawful uses of the inland waters, whether for agriculture, industry, water supply or other purposes; and
(b) the requirements, in relation to both those waters and other inland waters whose flow may be affected by changes in the flow of those waters, of navigation, fisheries or land drainage.
(6) The provisions of Schedule 5 to this Act shall have effect with respect to draft statements under this section and with respect to the approval of statements submitted as draft statements.
(7) The approval under Schedule 5 to this Act of a draft statement under this section shall bring into force, on the date specified in that approval, so much of that statement, as approved, as contains provision for determining, amending or replacing the minimum acceptable flow for any inland waters.
(8) For the purposes of subsection (3) above—
(a) underground strata are related underground strata in relation to any inland waters if—
(i) a water undertaker has a right to abstract water from the strata; and
(ii) it appears to the Authority, having regard to the extent to which the level of water in the strata depends on the flow of those waters, that the exercise of that right may be substantially affected by so much of the draft statement in question as relates to those waters;
(b) inland waters are related inland waters in relation to any other inland waters, where it appears to the Authority that changes in the flow of the other waters may affect the flow of the first-mentioned inland waters.
(9) For the purposes of subsection (5) above the Authority shall be entitled (but shall not be bound) to treat as lawful any existing use of any inland waters unless—
(a) by a decision given in any legal proceedings, it has been held to be unlawful; and
(b) that decision has not been quashed or reversed;
and in that subsection the reference to land drainage includes a reference to defence against water (including sea water), irrigation other than spray irrigation, warping and the provision of flood warning systems.
(1) If the Authority is directed by the Secretary of State to consider whether the minimum acceptable flow for any particular inland waters ought to be determined or reviewed, the Authority shall consider that matter as soon as reasonably practicable after being directed to do so.
(2) After considering any matter under subsection (1) above the Authority shall submit to the Secretary of State with respect to the inland waters in question either—
(a) such a draft statement as is mentioned in subsection (1) of section 21 above; or
(b) a draft statement that no minimum acceptable flow ought to be determined for those waters or, as the case may require, that the minimum acceptable flow for those waters does not need to be changed.
and subsections (6) and (7) of that section shall apply in relation to a draft statement under this subsection as they apply in relation to a draft statement under that section.
(3) Without prejudice to the generality of paragraph 4 of Schedule 5 to this Act, the power of the Secretary of State under that paragraph to alter a draft statement before approving it shall include power to substitute a statement containing or amending any such provision as is mentioned in subsection (2) of section 21 above for such a draft statement as is mentioned in subsection (2)(b) of this section.
(1) Where it appears to the Authority, in the case of any particular inland waters, that it would be appropriate to measure the level or the volume (either instead of or in addition to the flow) the Authority may determine that sections 21 and 22 above shall apply in relation to those inland waters as if any reference to the flow were or, as the case may be, included a reference to the level or to the volume.
(2) Where the Authority makes a determination under subsection (1) above with respect to any inland waters, any draft statement prepared for the purposes of section 21 or 22 above, in so far as it relates to those waters, shall state—
(a) whether the level or the volume is to be measured; and
(b) whether it is to be measured instead of, or in addition to, the flow.
(3) Chapter II of this Part shall apply in relation to any inland waters with respect to which a determination has been made under subsection (1) above as if any reference in that Chapter to the flow were, or (as the case may be) included, a reference to the level or, as the case may be, the volume.
(1) Subject to the following provisions of this Chapter and to any drought order under Chapter III of this Part, no person shall—
(a) abstract water from any source of supply; or
(b) cause or permit any other person so to abstract any water,
except in pursuance of a licence under this Chapter granted by the Authority and in accordance with the provisions of that licence.
(2) Where by virtue of subsection (1) above the abstraction of water contained in any underground strata is prohibited except in pursuance of a licence under this Chapter, no person shall begin, or cause or permit any other person to begin—
(a) to construct any well, borehole or other work by which water may be abstracted from those strata;
(b) to extend any such well, borehole or other work; or
(c) to instal or modify any machinery or apparatus by which additional quantities of water may be abstracted from those strata by means of a well, borehole or other work,
unless the conditions specified in subsection (3) below are satisfied.
(3) The conditions mentioned in subsection (2) above are—
(a) that the abstraction of the water or, as the case may be, of the additional quantities of water is authorised by a licence under this Chapter; and
(b) that—
(i) the well, borehole or work, as constructed or extended; or
(ii) the machinery or apparatus, as installed or modified,
fulfils the requirements of that licence as to the means by which water is authorised to be abstracted.
(4) A person shall be guilty of an offence if—
(a) he contravenes subsection (1) or (2) above; or
(b) he is for the purposes of this section the holder of a licence under this Chapter and, in circumstances not constituting such a contravention, does not comply with a condition or requirement imposed by the provisions, as for the time being in force, of that licence.
(5) A person who is guilty of an offence under this section shall be liable—
(a) on summary conviction, to a fine not exceeding the statutory maximum;
(b) on conviction on indictment, to a fine.
(6) The restrictions imposed by this section shall have effect notwithstanding anything in any enactment contained in any Act passed before the passing of the [1963 c. 38.] Water Resources Act 1963 on 31st July 1963 or in any statutory provision made or issued, whether before or after the passing of that Act, by virtue of such an enactment.
(1) Subject to the following provisions of this Chapter and to any drought order under Chapter III of this Part, no person shall begin, or cause or permit any other person to begin, to construct or alter any impounding works at any point in any inland waters which are not discrete waters unless—
(a) a licence under this Chapter granted by the Authority to obstruct or impede the flow of those inland waters at that point by means of impounding works is in force;
(b) the impounding works will not obstruct or impede the flow of the inland waters except to the extent, and in the manner, authorised by the licence; and
(c) any other requirements of the licence, whether as to the provision of compensation water or otherwise, are complied with.
(2) A person shall be guilty of an offence if—
(a) he contravenes subsection (1) above; or
(b) he is for the purposes of this section the holder of a licence under this Chapter and, in circumstances not constituting such a contravention, does not comply with a condition or requirement imposed by the provisions, as for the time being in force, of that licence.
(3) A person who is guilty of an offence under this section shall be liable—
(a) on summary conviction, to a fine not exceeding the statutory maximum;
(b) on conviction on indictment, to a fine.
(4) Subject to subsection (5) below, the restrictions imposed by this section shall have effect notwithstanding anything in any enactment contained in any Act passed before the passing of the [1963 c. 38.] Water Resources Act 1963 on 31st July 1963 or in any statutory provision made or issued, whether before or after the passing of that Act, by virtue of such an enactment.
(5) Subject to subsection (6) below, the restriction on impounding works shall not apply to the construction or alteration of any impounding works, if—
(a) the construction or alteration of those works; or
(b) the obstruction or impeding of the flow of the inland waters resulting from the construction or alteration of the works,
is authorised (in whatsoever terms, and whether expressly or by implication) by virtue of any such statutory provision as at the coming into force of this Act was an alternative statutory provision for the purposes of section 36(2) of the Water Resources Act 1963.
(6) The provisions of this Chapter shall have effect in accordance with subsection (7) below where by virtue of any such provision as is mentioned in subsection (5) above and is for the time being in force—
(a) any water undertaker or sewerage undertaker to which rights under that provision have been transferred in accordance with a scheme under Schedule 2 to the [1989 c. 15.] Water Act 1989 or Schedule 2 to the [1991 c. 56.] Water Industry Act 1991; or
(b) any other person,
is authorised (in whatsoever terms, and whether expressly or by implication) to obstruct or impede the flow of any inland waters by means of impounding works (whether those works have already been constructed or not).
(7) Where subsection (6) above applies, the provisions of this Chapter shall have effect (with the necessary modifications), where the reference is to the revocation or variation of a licence under this Chapter, as if—
(a) any reference in those provisions to a licence under this Chapter included a reference to the authorisation mentioned in that subsection; and
(b) any reference to the holder of such a licence included a reference to the undertaker or other person so mentioned.
(8) In this Chapter “impounding works” means either of the following, that is to say—
(a) any dam, weir or other works in any inland waters by which water may be impounded;
(b) any works for diverting the flow of any inland waters in connection with the construction or alteration of any dam, weir or other works falling within paragraph (a) above.
(1) The restriction on abstraction shall not apply to any transfer of water from one area of inland waters to another in the course of, or resulting from, any operations carried out by a navigation authority, harbour authority or conservancy authority in the carrying out of their functions as such an authority.
(2) The restriction on impounding works shall not apply to the construction or alteration of impounding works in the course of the performance by a navigation authority, harbour authority or conservancy authority of their functions as such an authority.
(1) The restriction on abstraction shall not apply to any abstraction of a quantity of water not exceeding five cubic metres if it does not form part of a continuous operation, or of a series of operations, by which a quantity of water which, in aggregate, is more than five cubic metres is abstracted.
(2) The restriction on abstraction shall not apply to any abstraction of a quantity of water not exceeding twenty cubic metres if the abstraction—
(a) does not form part of a continuous operation, or of a series of operations, by which a quantity of water which, in aggregate, is more than twenty cubic metres is abstracted; and
(b) is with the consent of the Authority.
(3) The restriction on abstraction shall not apply to so much of any abstraction from any inland waters by or on behalf of an occupier of contiguous land as falls within subsection (4) below, unless the abstraction is such that the quantity of water abstracted from the inland waters by or on behalf of the occupier by virtue of this subsection exceeds twenty cubic metres, in aggregate, in any period of twenty-four hours.
(4) Subject to section 28 below, an abstraction of water falls within this subsection in so far as the water—
(a) is abstracted for use on a holding consisting of the contiguous land with or without other land held with that land; and
(b) is abstracted for use on that holding for either or both of the following purposes, that is to say—
(i) the domestic purposes of the occupier’s household;
(ii) agricultural purposes other than spray irrigation.
(5) The restriction on abstraction shall not apply to the abstraction of water from underground strata, in so far as the water is abstracted by or on behalf of an individual as a supply of water for the domestic purposes of his household, unless the abstraction is such that the quantity of water abstracted from the strata by or on behalf of that individual by virtue of this subsection exceeds twenty cubic metres, in aggregate, in any period of twenty-four hours.
(6) For the purposes of this Chapter a person who is in a position to abstract water in such circumstances that, by virtue of subsection (3) or (5) above, the restriction on abstraction does not apply shall be taken to have a right to abstract water to the extent specified in that subsection.
(7) In the case of any abstraction of water from underground strata which falls within subsection (5) above, the restriction imposed by section 24(2) above shall not apply—
(a) to the construction or extension of any well, borehole or other work; or
(b) to the installation or modification of machinery or other apparatus,
if the well, borehole or other work is constructed or extended, or the machinery or apparatus is installed or modified, for the purpose of abstracting the water.
(8) In this section “contiguous land”, in relation to the abstraction of any water from inland waters, means land contiguous to those waters at the place where the abstraction is effected.
(1) The provisions of this section shall have effect where a person (“the occupier”) is entitled, by virtue of subsection (6) of section 27 above, to a protected right for the purposes of this Chapter by reason of his being the occupier of such a holding as is mentioned in subsection (4) of that section in relation to an abstraction falling within that subsection (“the holding”).
(2) If it appears to the Authority that the occupier is entitled, as against other occupiers of land contiguous to the inland waters in question, to abstract water from those waters for use on part of the holding (“the relevant part”), but is not so entitled to abstract water for use on other parts of the holding—
(a) the Authority may serve on him a notice specifying the relevant part of the holding; and
(b) subject to the following provisions of this section, the notice shall have effect so as to require subsections (3) and (4) of section 27 above to be construed in relation to the holding as if the references in subsection (4) to use on the holding were references to use on the part of the holding specified in the notice.
(3) Where a notice is served under subsection (2) above and the occupier objects to the notice on the grounds—
(a) that he is entitled, as against other occupiers of land contiguous to the inland waters in question, to abstract water from those waters for use on every part of the holding; or
(b) that he is so entitled to abstract water for use on a larger part of the holding than that specified in the notice,
he may, within such period (not being less than twenty-eight days from the date of service of the notice) and in such manner as may be prescribed, appeal to the court against the notice.
(4) On any appeal under subsection (3) above, the court shall determine the matter in dispute and, in accordance with its decision, confirm, quash or vary the Authority’s notice and—
(a) where the court quashes a notice served under subsection (2) above, paragraph (b) of that subsection shall not have effect; and
(b) where the court varies such a notice, that paragraph shall have effect, but with the substitution, for the reference to the part of the holding specified in the notice, of a reference to the part specified in the notice as varied by the court.
(5) In this section—
“the court” means the county court for the district in which the holding, or the part of the holding which is contiguous to the inland waters in question, is situated; and
“entitled” (except in subsection (1) above) means entitled apart from this Chapter or any other statutory provision.
(1) The restriction on abstraction shall not apply to any abstraction of water from a source of supply in the course of, or resulting from, any operations for purposes of land drainage.
(2) The restriction on abstraction shall not apply to any abstraction of water from a source of supply in so far as the abstraction (where it does not fall within subsection (1) above) is necessary—
(a) to prevent interference with any mining, quarrying, engineering, building or other operations (whether underground or on the surface); or
(b) to prevent damage to works resulting from any such operations.
(3) Where—
(a) water is abstracted, in the course of any such operations as are mentioned in subsection (2) above, from any excavation into underground strata in a case in which the level of water in the underground strata depends wholly or mainly on water entering it from those strata; and
(b) the abstraction is necessary as mentioned in that subsection,
the exemption conferred by that subsection shall apply notwithstanding that the water is used for the purposes of the operations.
(4) In the case of any abstraction of water from underground strata which falls within subsection (1) or (2) above, the restriction imposed by section 24(2) above shall not apply—
(a) to the construction or extension of any well, borehole or other work; or
(b) to the installation or modification of machinery or other apparatus,
if the well, borehole or other work is constructed or extended, or the machinery or apparatus is installed or modified, for the purpose of abstracting the water.
(5) In this section, “land drainage” includes the protection of land against erosion or encroachment by water, whether from inland waters or from the sea, and also includes warping and irrigation other than spray irrigation.
(1) Where any person—
(a) proposes to construct a well, borehole or other work which is to be used solely for the purpose of abstracting, to the extent necessary to prevent interference with the carrying out or operation of any underground works, water contained in underground strata; or
(b) proposes to extend any such well, borehole or other work,
he shall, before he begins to construct or extend the work, give to the Authority a notice of his intention in the prescribed form.
(2) Where a notice under subsection (1) above is given to the Authority by any person, the Authority may (subject to section 31 below) by notice to that person require him, in connection with the construction, extension or use of the work to which that person’s notice relates, to take such reasonable measures for conserving water as are specified in the notice.
(3) The measures that may be specified in a notice under subsection (2) above shall be measures which, in the opinion of the Authority, will not interfere with the protection of the underground works in question.
(4) Any person who contravenes subsection (1) above or fails to comply with a notice under subsection (2) above 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 a fine.
(1) The person on whom a notice under section 30(2) above (“a conservation notice”) is served may, by notice to the Secretary of State, appeal to him against the conservation notice on either or both of the following grounds, that is to say—
(a) that the measures required by the conservation notice are not reasonable;
(b) that those measures would interfere with the protection of the underground works in question.
(2) Any notice of appeal against a conservation notice shall be served within such period (not being less than twenty-eight days from the date of service of the conservation notice) and in such manner as may be prescribed.
(3) Before determining an appeal against a conservation notice, the Secretary of State may, if he thinks fit-
(a) cause a local inquiry to be held; or
(b) afford to the appellant and the Authority an opportunity of appearing before, and being heard by, a person appointed by the Secretary of State for the purpose;
and the Secretary of State shall act as mentioned in paragraph (a) or (b) above if a request is made by the appellant or the Authority to be heard with respect to the appeal.
(4) On an appeal against a conservation notice the Secretary of State may confirm, quash or vary the notice as he may consider appropriate.
(5) The decision of the Secretary of State on any appeal against a conservation notice shall be final.
(6) The Secretary of State may by regulations make provision as to the manner in which appeals against conservation notices are to be dealt with, including provision requiring the giving of notices of, and information relating to, the making of such appeals or decisions on any such appeals.
(1) The restriction on abstraction shall not apply to any abstraction by machinery or apparatus installed on a vessel, where the water is abstracted for use on that, or any other, vessel.
(2) The restriction on abstraction and the other restrictions imposed by section 24 above shall not apply to the doing of anything—
(a) for fire-fighting purposes (within the meaning of the [1947 c. 41.] Fire Services Act 1947); or
(b) for the purpose of testing apparatus used for those purposes or of training or practice in the use of such apparatus.
(3) The restriction on abstraction and the other restrictions imposed by section 24 above shall not apply—
(a) to any abstraction of water;
(b) to the construction or extension of any well, borehole or other work; or
(c) to the installation or modification of machinery or other apparatus,
if the abstraction, construction, extension, installation or modification is for any of the purposes specified in subsection (4) below and takes place with the consent of the Authority and in compliance with any conditions imposed by the Authority.
(4) The purposes mentioned in subsection (3) above are—
(a) the purpose of ascertaining the presence of water in any underground strata or the quality or quantity of any such water; and
(b) the purpose of ascertaining the effect of abstracting water from the well, borehole or other work in question on the abstraction of water from, or the level of water in, any other well, borehole or other work or any inland waters.
(1) Any of the relevant authorities, after consultation with the other relevant authorities (if any), may apply to the Secretary of State for an order excepting any one or more sources of supply from the restriction on abstraction, on the grounds that that restriction is not needed in relation to that source of supply or, as the case may be, those sources of supply.
(2) An application under this section may be made in respect of—
(a) any one or more areas of inland waters specified in the application or any class of inland waters so specified; or
(b) any underground strata described in the application, whether by reference to their formation or their location in relation to the surface of the land or in relation to other strata subjacent to that surface or partly in one way and partly in another;
and an order may be made under this section accordingly.
(3) For the purposes of this section—
(a) the Authority is a relevant authority in relation to every source of supply; and
(b) a navigation authority, harbour authority or conservancy authority having functions in relation to any inland waters is a relevant authority in relation to those inland waters.
(4) If, in the case of any source of supply—
(a) it appears to the Secretary of State, after consultation with the Authority, that the question whether the restriction on abstraction is needed in relation to that source of supply ought to be determined; but
(b) no application for an order under this section has been made,
the Secretary of State may direct the Authority to make an application under this section in respect to that source of supply.
(5) Schedule 6 to this Act shall have effect with respect to applications for orders under this section and with respect to the making of such orders; and the power to make any such order shall be exercisable by statutory instrument.
(6) On the coming into force of an order under this section—
(a) the restriction on abstraction and, in the case of any underground strata, the restriction imposed by subsection (2) of section 24 above shall cease to apply to any source of supply to which the order relates; and
(b) any licence granted under this Chapter which is for the time being in force shall cease to have effect in so far as it authorises abstraction from any such source of supply.