Office of Public Sector Information
PART V continued
(1) The appropriate Minister, with the consent of the Treasury, may by regulations make provision for and in connection with the making of grants to persons who do, or who undertake to that Minister that they will do, anything which in the opinion of that Minister is conducive to—
(a) the conservation or enhancement of the natural beauty or amenity of the countryside (including its flora and fauna and geological and physiographical features) or of any features of archaeological interest there; or
(b) the promotion of the enjoyment of the countryside by the public.
(2) Regulations under this section may—
(a) make different provision for different cases or classes of case or for different areas;
(b) provide for grants to be made subject to conditions;
(c) confer power on the appropriate Minister to modify, in any particular case, the conditions to which a grant would otherwise be subject, if he is satisfied that the making of that grant, subject to the conditions as so modified, is consistent with the purposes for which the regulations are made;
(d) make provision for or in connection with the recovery of any sums paid by way of grant, or the withholding of any further payments of grant, in cases where the applicant for the grant—
(i) in making the application, or in furnishing any information in connection with the application, has made a statement which was false or misleading in a material respect;
(ii) has failed to do something which he undertook to do if the grant was made; or
(iii) is in breach of any condition subject to which the grant was made.
(3) The power to make regulations under this section shall be exercisable by statutory instrument; and a statutory instrument containing any such regulations shall be subject to annulment pursuant to a resolution of either House of Parliament.
(4) The powers conferred by this section are in addition to any other powers of the Secretary of State or the Minister of Agriculture, Fisheries and Food.
(5) In this section “the appropriate Minister” means—
(a) as respects England, the Minister of Agriculture, Fisheries and Food;
(b) as respects Wales, the Secretary of State;
(c) as respects Scotland, the Secretary of State.
(1) The Minister shall consult the bodies and persons specified in subsection (2) below before—
(a) making any legislation to which this section applies (other than a modification of any such legislation);
(b) modifying any such legislation in a way which changes the [S.I. 1995/904.] purpose of the [S.I. 1994/2349.] legislation in question; or
(c) modifying any such legislation in a way which modifies, in a respect which he considers material, any conditions subject to which grants or other payments are payable under that legislation.
(2) The bodies and persons mentioned in subsection (1) above are—
(a) the Secretary of State;
(b) the Countryside Commission;
(c) the Nature Conservancy Council for England;
(d) the Historic Buildings and Monuments Commission for England.
(3) The legislation to which this section applies is—
(a) any order under section 18 of the [1986 c. 49.] Agriculture Act 1986 (orders establishing environmentally sensitive areas);
(b) any regulations under section 98 above;
(c) any statutory instrument specified in subsection (4) below;
(d) any other statutory instrument which concerns the [S.I. 1994/1729.] management of land and whose primary purpose is the [S.I. 1994/1721.] promotion of—
(i) the conservation or enhancement of the [S.I. 1994/1293.] natural beauty or amenity of the [S.I. 1994/1292.] countryside (including its flora and fauna and geological and physiographical features) or of any features of archaeological interest there; or
(ii) the enjoyment of the [S.I. 1994/1291.] countryside by the [S.I. 1992/905.] public.
(4) The statutory instruments mentioned in subsection (3)(c) above are—
(a) the Farm Woodlands Premium Scheme 1992;
(b) the Habitat (Water Fringe) Regulations 1994;
(c) the Habitat (Former Set-Aside Land) Regulations 1994;
(d) the Habitat (Salt Marsh) Regulations 1994;
(e) the Organic Farming (Aid) Regulations 1994;
(f) the Nitrate Sensitive Areas Regulations 1994;
(g) the Countryside Access Regulations 1994;
(h) the Moorland (Livestock Extensification) Regulations 1995.
(5) In this section, “the Minister” means the Minister of Agriculture, Fisheries and Food.
(6) This section applies in relation to any legislation only so far as relating to land in England.
(1) In the definition of “drainage” in section 113(1) of the [1991 c. 57.] Water Resources Act 1991, after paragraph (c) there shall be added the words “and
(d) the carrying on, for any purpose, of any other practice which involves management of the level of water in a watercourse;”.
(2) For the definition of “drainage” in section 72(1) of the [1991 c. 59.] Land Drainage Act 1991 there shall be substituted—
““drainage” includes—
(a) defence against water (including sea water);
(b) irrigation, other than spray irrigation;
(c) warping; and
(d) the carrying on, for any purpose, of any other practice which involves management of the level of water in a watercourse;”.
(1) In section 147 of the [1991 c. 57.] Water Resources Act 1991 (grants for drainage works) in subsection (4), after the words “expenditure properly incurred by it with a view to” there shall be inserted “(a)” and at the end of that subsection there shall be added—
“(b) enabling it to determine in any particular case whether drainage works, or drainage works of any particular description, should or should not be carried out;
(c) obtaining or organising information, including information about natural processes affecting the coastline, to enable it to formulate or develop its plans with respect to the defence against sea water of any part of the coastline; or
(d) obtaining, at any time after the carrying out of drainage works, information with respect to—
(i) the quality or effectiveness, or the effect on the environment, of those works; or
(ii) any matter of a financial nature relating to those works.
(4A) Paragraphs (b) to (d) of subsection (4) above are without prejudice to any power—
(a) to make any grant under subsection (1) or (4)(a) above, or
(b) to impose any condition under subsection (2) above,
which could be made or imposed apart from those paragraphs.”
(2) In section 59 of the [1991 c. 59.] Land Drainage Act 1991 (grants to drainage bodies) in subsection (4), after the words “expenditure properly incurred by them with a view to” there shall be inserted “(a)” and at the end of that subsection there shall be added—
“(b) enabling them to determine in any particular case whether drainage works, or drainage works of any particular description, should or should not be carried out;
(c) obtaining or organising information, including information about natural processes affecting the coastline, to enable them to formulate or develop their plans with respect to the defence against sea water of any part of the coastline; or
(d) obtaining, at any time after the carrying out of drainage works, information with respect to—
(i) the quality or effectiveness, or the effect on the environment, of those works; or
(ii) any matter of a financial nature relating to those works.
(4A) Paragraphs (b) to (d) of subsection (4) above are without prejudice to any power—
(a) to make any grant under subsection (1) or (4)(a) above, or
(b) to impose any condition under subsection (2) above,
which could be made or imposed apart from those paragraphs.”
(1) The [1966 c. 38.] Sea Fisheries Regulation Act 1966 shall be amended in accordance with the following provisions of this section.
(2) In section 2 (constitution of local fisheries committees) in subsection (2) (which includes provision for the members appointed by the Minister to be persons acquainted with the needs and opinions of the fishing interests of that district) after the words “of that district” there shall be added the words “or as being persons having knowledge of, or expertise in, marine environmental matters”.
(3) After that subsection there shall be inserted—
“(2A) In addition to the members appointed as mentioned in subsection (1) above, a local fisheries committee may appoint such number of persons with knowledge of or expertise in marine environmental matters as it thinks fit as further members of the committee for those occasions on which it is considering any proposed byelaw under section 5 below by virtue of section 5A below, or any proposed amendment or revocation of such a byelaw.”
(4) At the end of that section there shall be added—
“(7) In this section “marine environmental matters” means—
(a) the conservation or enhancement of the natural beauty or amenity of marine or coastal areas (including their geological or physiographical features) or of any features of archaeological or historic interest in such areas; or
(b) the conservation of flora or fauna which are dependent on, or associated with, a marine or coastal environment.”
(5) After section 5 (byelaws for regulation etc of sea fisheries) there shall be inserted—
(1) Any power to make byelaws conferred by section 5 above may be exercised for marine environmental purposes.
(2) The power to make byelaws under section 5 above by virtue of this section is in addition to, and not in derogation from, the power to make byelaws under that section otherwise than by virtue of this section.
(3) Byelaws under section 5 above by virtue of this section shall be submitted for confirmation under section 7 below—
(a) in the case of a byelaw which is to have effect in England, only after consultation with the Nature Conservancy Council for England;
(b) in the case of a byelaw which is to have effect in Wales, only after consultation with the Countryside Council for Wales.
(4) In this section “marine environmental purposes” means the purposes—
(a) of conserving or enhancing the natural beauty or amenity of marine or coastal areas (including their geological or physiographical features) or of any features of archaeological or historic interest in such areas; or
(b) of conserving flora or fauna which are dependent on, or associated with, a marine or coastal environment.”
(6) In section 8 (power of Minister to revoke byelaws if it appears necessary or desirable for the maintenance or improvement of fisheries) after the words “maintenance or improvement of fisheries” there shall be inserted the words “or for marine environmental purposes, within the meaning of section 5A above,”.
(1) After section 5 of the [1967 c. 84.] Sea Fish (Conservation) Act 1967 (power to restrict fishing for sea fish) there shall be inserted—
(1) Any power to make an order under section 5 above may be exercised for marine environmental purposes.
(2) The power to make an order under section 5 above by virtue of this section is in addition to, and not in derogation from, the power to make an order under that section otherwise than by virtue of this section.
(3) In this section “marine environmental purposes” means the purposes—
(a) of conserving or enhancing the natural beauty or amenity of marine or coastal areas (including their geological or physiographical features) or of any features of archaeological or historic interest in such areas; or
(b) of conserving flora or fauna which are dependent on, or associated with, a marine or coastal environment.”
(2) After section 2 of the [1984 c. 26.] Inshore Fishing (Scotland) Act 1984 there shall be inserted—
(1) Any power to make an order under section 1 or 2 above may be exercised for marine environmental purposes.
(2) The power to make an order under section 1 or 2 above by virtue of this section is in addition to, and not in derogation from, the power to make an order under that section otherwise than by virtue of this section.
(3) In this section “marine environmental purposes” means the purposes—
(a) of conserving or enhancing the natural beauty or amenity of marine or coastal areas (including their geological or physiographical features) or of any features of archaeological or historic interest in such areas; or
(b) of conserving flora or fauna which are dependent on, or associated with, a marine or coastal environment.”
(3) In Schedule 25 to the [1991 c. 57.] Water Resources Act 1991 (byelaw making powers) after paragraph 6 (byelaws for purposes of fisheries functions) there shall be inserted—
6A (1) Any power to make byelaws conferred by paragraph 6 above may be exercised for marine or aquatic environmental purposes.
(2) The power to make byelaws under paragraph 6 above by virtue of this paragraph is in addition to, and not in derogation from, the power to make byelaws under that paragraph otherwise than by virtue of this paragraph.
(3) In this paragraph “marine or aquatic environmental purposes” means—
(a) the conservation or enhancement of the natural beauty or amenity of marine or coastal, or aquatic or waterside, areas (including their geological or physiographical features) or of any features of archaeological or historic interest in such areas; or
(b) the conservation of flora or fauna which are dependent on, or associated with, a marine or coastal, or aquatic or waterside, environment.”
(1) After section 37 of the [1975 c. 51.] Salmon and Freshwater Fisheries Act 1975 there shall be inserted—
(1) Where on any occasion a water bailiff or other officer of the Agency finds a person who he has reason to believe is committing, or has on that occasion committed, a fixed penalty offence, he may give to that person a notice (in this section referred to as a “fixed penalty notice”) offering him the opportunity of discharging any liability to conviction for that offence by payment of a fixed penalty.
(2) Where a person is given a fixed penalty notice in respect of a fixed penalty offence—
(a) no proceedings shall be instituted for that offence before the expiration of the period for paying the fixed penalty; and
(b) he shall not be convicted of that offence if the fixed penalty is paid before the expiration of that period.
(3) The Agency may extend the period for paying the fixed penalty in any particular case if it considers it appropriate to do so in all the circumstances of the case.
(4) If, in any particular case, the Agency considers that a fixed penalty notice which has been given ought not to have been given, it may give to the person to whom the fixed penalty notice was given a notice withdrawing the fixed penalty notice; and where notice under this subsection is given—
(a) the Agency shall repay any amount which has been paid by way of fixed penalty in pursuance of the fixed penalty notice; and
(b) no proceedings shall be instituted or continued against that person for the offence in question.
(5) The amount by which the sums received by the Agency by way of fixed penalties exceed the sums repaid by it under subsection (4)(a) above shall be paid into the Consolidated Fund.
(6) In any proceedings, a certificate purporting to be signed by or on behalf of the Chief Executive of the Agency and stating either—
(a) that payment of a fixed penalty was, or (as the case may be) was not, received by the Agency on or before a date specified in the certificate, or
(b) that an envelope containing an amount sent by post in payment of a fixed penalty was marked as posted on a date specified in the certificate,
shall be received as evidence of the matters so stated and shall be treated, without further proof, as being so signed unless the contrary is shown.
(7) A fixed penalty notice shall give such reasonable particulars of the circumstances alleged to constitute the fixed penalty offence to which the notice relates as are necessary for giving reasonable information of the offence and shall state—
(a) the monetary amount of the fixed penalty which may be paid;
(b) the person to whom and the address at which—
(i) the fixed penalty may be paid, and
(ii) any correspondence relating to the fixed penalty notice may be sent;
(c) the method or methods by which payment of the fixed penalty may be made;
(d) the period for paying the fixed penalty;
(e) the consequences of the fixed penalty not being paid before the expiration of that period.
(8) A fixed penalty notice may also contain such other information relating to, or for the purpose of facilitating, the administration of the fixed penalty system as the Agency considers necessary or desirable.
(9) Regulations may—
(a) make provision with respect to the giving of fixed penalty notices, including, in particular, provision with respect to—
(i) the methods by which,
(ii) the officers, servants or agents by, to or on whom, and
(iii) the places at which,
fixed penalty notices may be given by, or served on behalf of, a water bailiff or other officer of the Agency;
(b) prescribe the method or methods by which fixed penalties may be paid;
(c) make provision for or with respect to the issue of prescribed documents to persons to whom fixed penalty notices are or have been given.
(10) In this section—
“fixed penalty” means a penalty of such amount as may be prescribed (whether by being specified in, or made calculable under, regulations);
“fixed penalty offence” means, subject to subsection (11) below, any offence—
under this Act,
under the [1986 c. 62.] Salmon Act 1986,
under or by virtue of regulations or orders made under section 115, 116 or 142 of the [1991 c. 57.] Water Resources Act 1991, or
under section 211(3) of that Act, so far as relating to byelaws made by virtue of paragraph 6 of Schedule 25 to that Act,
which is for the time being prescribed for the purpose;
“the fixed penalty system” means the system implementing this section and regulations made under it;
“the Ministers” means the Secretary of State and the Minister;
“notice” means notice in writing;
“the period for paying”, in relation to any fixed penalty, means such period as may be prescribed for the purpose;
“prescribed” means prescribed by regulations;
“regulations” means regulations made under this section by the Ministers.
(11) The provision that may be made by regulations prescribing fixed penalty offences includes provision for an offence to be a fixed penalty offence—
(a) only if it is committed in such circumstances or manner as may be prescribed; or
(b) except if it is committed in such circumstances or manner as may be prescribed.
(12) Regulations may provide for any offence which is a fixed penalty offence to cease to be such an offence.
(13) An offence which, in consequence of regulations made by virtue of subsection (12) above, has ceased to be a fixed penalty offence shall be eligible to be prescribed as such an offence again.
(14) Regulations may—
(a) make different provision in relation to different cases or classes of case; or
(b) provide for such exceptions, limitations and conditions, or make such incidental, supplemental, consequential or transitional provision, as the Ministers consider necessary or expedient.
(15) Any power to make regulations under this section shall be exercisable by statutory instrument made by the Ministers; and a statutory instrument containing any such regulations shall be subject to annulment pursuant to a resolution of either House of Parliament.”
(2) In section 35 of that Act (which, among other things, creates an offence of failing to state one’s name and address when required to do so under that section) in subsection (1) (water bailiffs and constables), for the words from “A water bailiff” to “any constable” there shall be substituted the words “A water bailiff or other officer of the Agency, or any constable,”.
(3) After that subsection there shall be inserted—
“(1A) Without prejudice to subsection (1) above, a water bailiff or other officer of the Agency who on any occasion finds a person who he has reason to believe is committing, or has on that occasion committed, a fixed penalty offence, within the meaning of section 37A below, may require that person to state his name and address.”
(4) In section 41(1) of that Act (definitions), before the definition of “authorised officer” there shall be inserted—
““the Agency” means the Environment Agency;”.
Schedule 15 to this Act (which makes minor and consequential amendments relating to fisheries) shall have effect.
Schedule 16 to this Act (which amends the Control of Pollution Act 1974 as respects the control of pollution of rivers and coastal waters in Scotland) shall have effect.
Schedule 17 to this Act (which makes provision with respect to statutory nuisances in Scotland) shall have effect.
(1) A person who appears suitable to an enforcing authority may be authorised in writing by that authority to exercise, in accordance with the terms of the authorisation, any of the powers specified in subsection (4) below for the purpose—
(a) of determining whether any provision of the pollution control enactments in the case of that authority is being, or has been, complied with;
(b) of exercising or performing one or more of the pollution control functions of that authority; or
(c) of determining whether and, if so, how such a function should be exercised or performed.
(2) A person who appears suitable to the Agency or SEPA may be authorised in writing by the Agency or, as the case may be, SEPA to exercise, in accordance with the terms of the authorisation, any of the powers specified in subsection (4) below for the purpose of enabling the Agency or, as the case may be, SEPA to carry out any assessment or prepare any report which the Agency or, as the case may be, SEPA is required to carry out or prepare under section 5(3) or 33(3) above.
(3) Subsection (2) above only applies where the Minister who required the assessment to be carried out, or the report to be prepared, has, whether at the time of making the requirement or at any later time, notified the Agency or, as the case may be, SEPA that the assessment or report appears to him to relate to an incident or possible incident involving or having the potential to involve—
(a) serious pollution of the environment,
(b) serious harm to human health, or
(c) danger to life or health.
(4) The powers which a person may be authorised to exercise under subsection (1) or (2) above are—
(a) to enter at any reasonable time (or, in an emergency, at any time and, if need be, by force) any premises which he has reason to believe it is necessary for him to enter;
(b) on entering any premises by virtue of paragraph (a) above, to take with him—
(i) any other person duly authorised by the enforcing authority and, if the authorised person has reasonable cause to apprehend any serious obstruction in the execution of his duty, a constable; and
(ii) any equipment or materials required for any purpose for which the power of entry is being exercised;
(c) to make such examination and investigation as may in any circumstances be necessary;
(d) as regards any premises which he has power to enter, to direct that those premises or any part of them, or anything in them, shall be left undisturbed (whether generally or in particular respects) for so long as is reasonably necessary for the purpose of any examination or investigation under paragraph (c) above;
(e) to take such measurements and photographs and make such recordings as he considers necessary for the purpose of any examination or investigation under paragraph (c) above;
(f) to take samples, or cause samples to be taken, of any articles or substances found in or on any premises which he has power to enter, and of the air, water or land in, on, or in the vicinity of, the premises;
(g) in the case of any article or substance found in or on any premises which he has power to enter, being an article or substance which appears to him to have caused or to be likely to cause pollution of the environment or harm to human health, to cause it to be dismantled or subjected to any process or test (but not so as to damage or destroy it, unless that is necessary);
(h) in the case of any such article or substance as is mentioned in paragraph (g) above, to take possession of it and detain it for so long as is necessary for all or any of the following purposes, namely—
(i) to examine it, or cause it to be examined, and to do, or cause to be done, to it anything which he has power to do under that paragraph;
(ii) to ensure that it is not tampered with before examination of it is completed;
(iii) to ensure that it is available for use as evidence in any proceedings for an offence under the pollution control enactments in the case of the enforcing authority under whose authorisation he acts or in any other proceedings relating to a variation notice, enforcement notice or prohibition notice under those enactments;
(j) to require any person whom he has reasonable cause to believe to be able to give any information relevant to any examination or investigation under paragraph (c) above to answer (in the absence of persons other than a person nominated by that person to be present and any persons whom the authorised person may allow to be present) such questions as the authorised person thinks fit to ask and to sign a declaration of the truth of his answers;
(k) to require the production of, or where the information is recorded in computerised form, the furnishing of extracts from, any records—
(i) which are required to be kept under the pollution control enactments for the enforcing authority under whose authorisation he acts, or
(ii) which it is necessary for him to see for the purposes of an examination or investigation under paragraph (c) above,
and to inspect and take copies of, or of any entry in, the records;
(l) to require any person to afford him such facilities and assistance with respect to any matters or things within that person’s control or in relation to which that person has responsibilities as are necessary to enable the authorised person to exercise any of the powers conferred on him by this section;
(m) any other power for—
(i) a purpose falling within any paragraph of subsection (1) above, or
(ii) any such purpose as is mentioned in subsection (2) above,
which is conferred by regulations made by the Secretary of State.
Environment Act 1995