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PART VIIII continued I continued
(1) Without prejudice to its other powers by virtue of section 4 above, Part IV of this Act and this Part, the Authority shall have power—
(a) to provide and operate flood warning systems;
(b) to provide, install and maintain apparatus required for the purposes of such systems;
(c) to carry out any other engineering or building operations so required.
(2) Subsection (1) above shall not be construed as authorising, on the part of the Authority, any act or omission which, apart from that subsection, would be actionable at the suit of any person on any grounds other than a limitation imposed by law on the capacity of the Authority by virtue of its constitution.
(3) The Authority may exercise the powers conferred by subsection (1)(b) or (c) above in an area in Scotland as if—
(a) its functions in relation to the areas of the regional flood defence committees whose areas are adjacent to Scotland were functions in relation to that area in Scotland; and
(b) that area in Scotland were included in the areas of each of those committees;
but the powers conferred by this subsection are subject (except in the case of a power to maintain apparatus) to prior consultation with the local authority (within the meaning of section 1 of the [1961 c. 41.] Flood Prevention (Scotland) Act 1961) for the area in Scotland in question.
(4) In this section “flood warning system” has the same meaning as in section 148 above.
(1) Subject to subsection (2) below, the Authority may—
(a) without making payment for it, appropriate and dispose of any matter removed in the course of the carrying out of any work for widening, deepening or dredging any watercourse; and
(b) deposit any matter so removed on the banks of the watercourse, or on such width of land adjoining the watercourse as is sufficient to enable the matter in question to be removed and deposited by mechanical means in one operation.
(2) Subsection (1) above shall not authorise the deposit of any matter if the matter deposited would constitute a statutory nuisance within the meaning of Part III of the [1990 c. 43.] Environmental Protection Act 1990.
(3) The Authority and the council of any district or London borough may enter into an agreement providing—
(a) for the disposal by the council of any matter removed as mentioned in subsection (1) above; and
(b) for the payment by the Authority to the council, in respect of the disposal of the matter by the council, of such sum as may be provided by the agreement.
(4) In this section “banks” and “watercourse” have the same meanings as in Part IV of this Act.
(1) Where the Authority is proposing, for the purposes of, or in connection with, the carrying out of any of its functions—
(a) to carry out any engineering or building operations; or
(b) to discharge water into any inland waters or underground strata,
the Authority may apply to either of the Ministers for an order under this section (“a compulsory works order”).
(2) Subject to the following provisions of this section, the Ministers shall each have power, on an application under subsection (1) above, by order made by statutory instrument—
(a) to confer such compulsory powers; and
(b) to grant such authority,
as he considers necessary or expedient for the purpose of enabling any engineering or building operations or discharges of water to be carried out or made for the purposes of, or in connection with, the carrying out of the functions with respect to which the application was made.
(3) Schedule 19 to this Act shall have effect with respect to applications for compulsory works orders and with respect to such orders.
(4) Subject to the provisions of Schedule 19 to this Act, a compulsory works order may—
(a) without prejudice to section 154 above, confer power to acquire compulsorily any land, including—
(i) power to acquire interests in and rights over land by the creation of new rights and interests; and
(ii) power, by the compulsory acquisition by the Authority of any rights over land which is to be or has been acquired by the Authority, to extinguish any such rights;
(b) apply for the purposes of the order, either with or without modifications, any of the relevant provisions of this Part which do not apply for those purposes apart from by virtue of this paragraph;
(c) make any authority granted by the order subject to such conditions as may be specified in the order;
(d) amend or repeal any local statutory provision;
(e) contain such supplemental, consequential and transitional provision as the Minister making the order considers appropriate;
and section 156(1) above shall apply in relation to the powers conferred by virtue of this section as it applies in relation to the power conferred by section 154 above.
(5) Without prejudice to any duty imposed by virtue of section 184 below, where—
(a) either of the Ministers makes a compulsory works order authorising the Authority to carry out works for or in connection with the construction or operation of a reservoir or conferring compulsory powers for that purpose on the Authority; and
(b) it appears to him that the works to be carried out may permanently affect the area in which they are situated and are not primarily intended to benefit the inhabitants of that area,
he may include in the order provision with respect to facilities for recreation or other leisure-time occupation for the benefit of those inhabitants.
(6) Nothing in any compulsory works order shall exempt the Authority from any restriction imposed by Chapter II of Part II of this Act.
(7) It is hereby declared that a compulsory works order may grant authority for discharges of water by the Authority where the Authority has no power to take water, or to require discharges to be made, from the inland waters or other source from which the discharges authorised by the order are intended to be made; but nothing in so much of any such order as grants authority for any discharges of water shall have the effect of conferring any such power.
(8) In this section the reference to the relevant provisions of this Part is a reference to the provisions of this Part except sections 155 to 158 and 165 to 167 above.
(1) Any person designated in writing for the purpose by either of the Ministers or by the Authority may—
(a) enter any premises or vessel for the purpose of ascertaining whether any provision of an enactment to which this section applies, of any subordinate legislation or other instrument made by virtue of any such enactment or of any byelaws made by the Authority is being or has been contravened; and
(b) carry out such inspections, measurements and tests on any premises or vessel entered by that person or of any articles found on any such premises or vessel, and take away such samples of water or effluent or of any land or articles, as that Minister or the Authority—
(i) considers appropriate for the purpose mentioned in paragraph (a) above; and
(ii) has authorised that person to carry out or take away.
(2) The powers which by virtue of subsection (1) above are conferred in relation to any premises for the purpose of enabling either of the Ministers or the Authority to determine whether any provision made by or under any of the water pollution provisions of this Act is being or has been contravened shall include power, in order to obtain the information on which that determination may be made—
(a) to carry out experimental borings or other works on those premises; and
(b) to install and keep monitoring and other apparatus there.
(3) This section applies to any enactment contained in this Act and to any other enactment under or for the purposes of which the Authority carries out functions.
(1) Any person designated in writing for the purpose by the Authority may enter any premises for any of the purposes specified in subsection (2) below.
(2) The purposes mentioned in subsection (1) above are—
(a) the carrying out of any survey or tests for the purpose of determining—
(i) whether it is appropriate and practicable for the Authority to exercise any relevant works power; or
(ii) how any such power should be exercised;
(b) the exercise of any such power.
(3) The power by virtue of subsection (1) above of a person designated by the Authority to enter any premises for the purposes of carrying out any survey or tests shall include power—
(a) to carry out experimental borings or other works for the purpose of ascertaining the nature of the sub-soil; and
(b) to take away and analyse such samples of water or effluent or of any land or articles as the Authority considers necessary for the purpose of determining either of the matters mentioned in subsection (2)(a) above and has authorised that person to take away and analyse.
(4) In this section “relevant works power” means any power conferred by any of the provisions of sections 159, 160, 162(2) and (3) and 163 above.
(1) Without prejudice to the rights and powers conferred by the other provisions of this Chapter, any person designated in writing under this section by the Authority may enter any premises for any of the purposes specified in subsection (2) below.
(2) The purposes mentioned in subsection (1) above are the carrying out of any survey or tests for the purpose of determining—
(a) whether it would be appropriate for the Authority to acquire any land, or any interest or right in or over land, for purposes connected with the carrying out of its functions; or
(b) whether it would be appropriate for the Authority to apply for an order under section 168 above and what compulsory powers it would be appropriate to apply for under that section.
(3) The power by virtue of subsection (1) above of a person designated under this section to enter any premises for the purpose of carrying out any survey or tests shall include power—
(a) to carry out experimental borings or other works for the purpose of ascertaining the nature of the sub-soil, the presence of underground water in the sub-soil or the quantity or quality of any such water;
(b) to install and keep monitoring or other apparatus on the premises for the purpose of obtaining the information on which any such determination as is mentioned in subsection (2) above may be made; and
(c) to take away and analyse such samples of water or of any land or articles as the Authority considers necessary for any of the purposes so mentioned and has authorised that person to take away and analyse.
(4) The powers conferred by this section shall not be exercised in any case for purposes connected with the determination of—
(a) whether, where or how a reservoir should be constructed; or
(b) whether, where or how a borehole should be sunk for the purpose of abstracting water from or discharging water into any underground strata,
unless the Secretary of State has, in accordance with subsection (5) below, given his written authorisation in relation to that case for the exercise of those powers for those purposes.
(5) The Secretary of State shall not give his authorisation for the purposes of subsection (4) above unless—
(a) he is satisfied that notice of the proposal to apply for the authorisation has been given to the owner and to the occupier of the premises in question; and
(b) he has considered any representation or objections with respect to the proposed exercise of the powers under this section which—
(i) have been duly made to him by the owner or occupier of those premises, within the period of fourteen days beginning with the day after the giving of the notice; and
(ii) have not been withdrawn.
(1) Any person designated in writing for the purpose by either of the Ministers or the Authority may enter any premises or vessel for the purpose of—
(a) determining whether, and if so in what manner, any power or duty conferred or imposed on either of the Ministers or on the Authority by virtue of any enactment to which this section applies (including a power of either or both of the Ministers to make subordinate legislation) should be exercised or, as the case may be, performed; or
(b) exercising or performing any power or duty which is so conferred or imposed.
(2) Any person designated in writing for the purpose by either of the Ministers or the Authority may—
(a) carry out such inspections, measurements and tests on any premises or vessel entered by that person under this section or of any articles found on any such premises or vessel; and
(b) take away such samples of water or effluent or of any land or articles,
as that Minister or the Authority considers appropriate for any purpose mentioned in subsection (1) above and has authorised that person to carry out or take away.
(3) The powers which by virtue of subsections (1) and (2) above are conferred in relation to any premises for the purpose of enabling either of the Ministers or the Authority to determine whether or in what manner to exercise or perform any power or duty conferred or imposed on him or it by or under the water pollution provisions of this Act shall include power, in order to obtain the information on which that determination may be made—
(a) to carry out experimental borings or other works on those premises; and
(b) to install and keep monitoring and other apparatus there.
(4) This section applies to any enactment contained in this Act and to any other enactment under or for the purposes of which the Authority carries out functions.
Schedule 20 to this Act shall have effect with respect to the powers of entry and related powers which are conferred by the preceding provisions of this Chapter.
(1) A person who, without having been designated or authorised for the purpose by the Authority, purports to be entitled to enter any premises or vessel in exercise of a power exercisable in pursuance of any such designation or authorisation shall be guilty of an offence and liable, on summary conviction, to a fine not exceeding level 4 on the standard scale.
(2) For the purposes of this section it shall be immaterial, where a person purports to be entitled to enter any premises or vessel, that the power which that person purports to be entitled to exercise does not exist, or would not be exercisable, even if that person had been designated or authorised by the Authority.
(1) Subject to any provision to the contrary contained in an agreement between the Authority and the person in whom an interest in the pipe is or is to be vested, every pipe which—
(a) is a relevant pipe for the purposes of section 159 or 160 above; and
(b) has been laid, in exercise of any power conferred by Chapter I of this Part or otherwise, by the Authority,
shall vest in the Authority.
(2) Subsection (1) above is without prejudice to the vesting of anything in the Authority by virtue of the exercise by the Authority of any power to acquire property by agreement or compulsorily.
(1) Subject to subsection (2) below, if any person without the consent of the Authority—
(a) intentionally or recklessly interferes with any resource main or other pipe vested in the Authority or with any structure, installation or apparatus belonging to the Authority; or
(b) by any act or omission negligently interferes with any such main or other pipe or with any such structure, installation or apparatus so as to damage it or so as to have an effect on its use or operation,
that person shall be guilty of an offence and liable, on summary conviction, to a fine not exceeding level 3 on the standard scale.
(2) A person shall not be guilty of an offence under subsection (1) above—
(a) by reason of anything done in an emergency to prevent loss or damage to persons or property; or
(b) by reason of his opening or closing the stopcock fitted to a service pipe by means of which water is supplied to any premises by a water undertaker if—
(i) he has obtained the consent of every consumer whose supply is affected by the opening or closing of that stopcock or, as the case may be, of every other consumer whose supply is so affected; and
(ii) in the case of opening a stopcock, the stopcock was closed otherwise than by the undertaker.
(3) Any person who without the consent of the Authority—
(a) attaches any pipe or apparatus to any resource main or other pipe vested in the Authority; or
(b) subject to subsection (4) below, uses any pipe or apparatus which has been attached or altered in contravention of this section,
shall be guilty of an offence and liable, on summary conviction, to a fine not exceeding level 3 on the standard scale.
(4) In proceedings against any person for an offence by virtue of paragraph (b) of subsection (3) above it shall be a defence for that person to show that he did not know, and had no grounds for suspecting, that the pipe or apparatus in question had been attached or altered as mentioned in that subsection.
(5) An offence under subsection (1) or (3) above shall constitute a breach of a duty owed to the Authority; and any such breach of duty which causes the Authority to sustain loss or damage shall be actionable at the suit of the Authority.
(6) The amount recoverable by virtue of subsection (5) above from a person who has committed an offence under subsection (3) above shall include such amount as may be reasonable in respect of any water wasted, misused or improperly consumed in consequence of the commission of the offence.
(7) In this section “service pipe” and “stopcock” have the same meanings as in the [1991 c. 56.] Water Industry Act 1991, and “consumer” has the same meaning as in Part III of that Act.
Schedule 21 to this Act shall have effect for making provision for imposing obligations as to the payment of compensation in respect of the exercise of the powers conferred on the Authority by sections 159 to 167 above and otherwise for minimising the damage caused by the exercise of those powers.
Schedule 22 to this Act shall have effect for the protection of particular undertakings in connection with the carrying out of works and other activities by the Authority.
(1) Nothing in this Act shall confer power on any person to do anything, except with the consent of the person who so uses them, which interferes—
(a) with any sluices, floodgates, groynes, sea defences or other works used by any person for draining, preserving or improving any land under any local statutory provision; or
(b) with any such works used by any person for irrigating any land.
(2) Where the Authority proposes, otherwise than in exercise of any compulsory powers—
(a) to construct or alter any such inland waters in any internal drainage district as do not form part of a main river; or
(b) to construct or alter any works on or in any such inland waters,
the Authority shall consult the internal drainage board for that district before doing so.
(3) A consent for the purposes of subsection (1) above may be given subject to reasonable conditions but shall not be unreasonably withheld.
(4) Any dispute—
(a) as to whether anything done or proposed to be done interferes or will interfere as mentioned in subsection (1) above;
(b) as to whether any consent for the purposes of this section is being unreasonably withheld; or
(c) as to whether any condition subject to which any such consent has been given was reasonable,
shall be referred to the arbitration of a single arbitrator to be appointed by agreement between the parties or, in default of agreement, by the President of the Institution of Civil Engineers.
(5) The provisions of this section shall be without prejudice to the provisions of Schedule 22 to this Act.
(1) Where any watercourses under the control of the Authority pass under or interfere with, or with the improvement or alteration of, any river, canal, dock, harbour, basin or other work (including any towing-path adjacent thereto) which belongs to or is under the jurisdiction of any relevant authority, the relevant authority may, at their own expense and on substituting for those watercourses other equally effective watercourses—
(a) take up, divert or alter the level of those watercourses; and
(b) do all such matters and things as may be necessary in connection with the works authorised to be done by them under this section.
(2) If any question arises under this section between the Authority and any relevant authority as to whether any watercourses substituted or proposed to be substituted by the relevant authority for any existing watercourses are as effective as the existing watercourses, that question shall be referred to the arbitration of a single arbitrator appointed by agreement between the parties or, in default of agreement, by the President of the Institution of Civil Engineers on the application of either party.
(3) In this section—
“relevant authority” means any navigation authority, harbour authority or conservancy authority; and
“watercourse” has the same meaning as in Part IV of this Act.
(1) Nothing in any of the provisions of this Part relating to any relevant works power shall authorise the Authority to carry out any works at any place below the place to which the tide flows at mean high water springs, except in accordance with such plans and sections, and subject to such restrictions, as may, before the works are commenced, have been approved by the Secretary of State.
(2) An approval for the purposes of subsection (1) above shall be given to the Authority by the service on the Authority of a notice containing the approval.
(3) Section 38 of the [1975 c. 51.] Salmon and Freshwater Fisheries Act 1975 (tidal lands etc.) shall apply to any proposed construction, alteration or extension under section 156 above as it applies to any proposed construction, alteration or extension under that Act.
(4) Section 74 of the [1991 c. 59.] Land Drainage Act 1991 (application to Crown and tidal lands), so far as it relates to lands below the high-water mark of ordinary spring tides shall apply, as it applies in relation to that Act, to the flood defence provisions of this Act.
(5) In subsection (1) above the reference to a relevant works power is a reference to a power conferred by any of sections 159, 160, 162(2) and (3) and 163 above.
Schedule 23 to this Act (which makes provision with respect to the acquisition of mineral rights by the Authority and with respect to the working of mines and minerals where pipes, sewers or other related works are affected) shall have effect and, in the case of the compulsory acquisition of land by virtue of this Act, shall have effect instead of Schedule 2 to the [1981 c. 67.] Acquisition of Land Act 1981 (mineral rights etc. in relation to compulsory purchase orders).
(1) Without prejudice to the operation of section 90 of the [1990 c. 8.] Town and Country Planning Act 1990 (planning permission deemed to be granted in certain cases) in relation to any provision made by or under this Act or any other enactment which by virtue of this Act or the [1989 c. 15.] Water Act 1989 relates to the functions of the Authority, nothing in this Act or in any such enactment shall be construed as authorising the carrying out of any development (within the meaning of that Act of 1990) without the grant of such planning permission as may be required by that Act of 1990.
(2) Nothing in the flood defence provisions of this Act shall authorise any person to carry out any works or do anything in contravention of any of the provisions of the [1979 c. 46.] Ancient Monuments and Archaelogical Areas Act 1979.
(1) Where the Authority carries out any works for or in connection with the construction or operation of a reservoir in Wales which—
(a) permanently affect one or more communities; and
(b) are not primarily intended by the Authority to benefit the inhabitants of that or those communities,
it shall be the duty of the Authority to make available facilities for recreation or other leisure-time occupation for the benefit of those inhabitants or to assist others to make such facilities available.
(2) It shall be the duty of the Authority, in performing its duty under subsection (1) above, to consult—
(a) the community councils of the communities affected, in the case of communities having such councils; and
(b) in any case, the council of any district in which any community affected is situated.
(1) Nothing in the flood defence provisions of this Act shall operate to release any person from an obligation to which section 21 of the [1991 c. 59.] Land Drainage Act 1991 applies.
(2) The functions of the Authority as respects the doing of any work under the flood defence provisions of this Act are not to be treated as in any way limited by the fact that some other person is under an obligation, by reason of tenure, custom, prescription or otherwise, to do that work.
(1) In this Part—
“discharge pipe” means a pipe from which discharges are or are to be made under section 163 above;
“resource main” means any pipe, not being a trunk main within the meaning of the [1991 c. 56.] Water Industry Act 1991, which is or is to be used for the purpose of—
(a) conveying water from one source of supply to another, from a source of supply to a regulating reservoir or from a regulating reservoir to a source of supply; or
(b) giving or taking a supply of water in bulk.
(2) In subsection (1) above—
“source of supply” shall be construed without reference to the definition of that expression in section 221 below; and
“supply of water in bulk” has the same meaning as in section 3 above.
(3) The powers conferred by Chapter I of this Part shall be without prejudice to the powers conferred on the Authority by any other enactment or by any agreement.
Water Resources Act 1991