Office of Public Sector Information
PART 3 continued
In section 6 of the Environment Act 1995 (general provisions with respect to water), in subsection (3), after paragraph (c) there is inserted “except so much of those inland waters as are in England.”.
(1) The Reservoirs Act 1975 (c. 23) is amended as follows—
(a) in subsection (1) of section 2 (registration of certain reservoirs and enforcement of Act, etc), for the words from “The local authorities” to “county boroughs” there is substituted “The relevant authorities for purposes of this Act shall be, in England and Wales, the Environment Agency”,
(b) in the following provisions of the Act, for “local authority”, in each place where it appears, there is substituted “relevant authority”—
sections 2 and 3,
section 13,
sections 20 and 21,
sections 24 and 25,
section 27,
(c) in section 1 (ambit of Act, and interpretation), after subsection (4) there is inserted—
“(4A) The “area” of the Environment Agency, in its capacity as a relevant authority for purposes of this Act, is the whole of England and Wales.”,
(d) in section 22(6) (institution of proceedings for an offence under the Act), for the words from “by any local authority” to “except by” there is substituted “only by the Environment Agency or”,
(e) in Schedule 1 (index of definitions), at the appropriate places there are inserted the following entries—
| “Area (in relation to the Environment Agency) ... ... ... ... | Section 1(4A)” |
| “Relevant authority ... ... ... ... | Section 2(1)”. |
(2) Each body which immediately before the date of commencement of subsection (1) (referred to in this section as the “commencement date”) is a local authority in England or Wales for the purposes of the Reservoirs Act 1975 (c. 23) shall, as soon as practicable after that date, give to the Environment Agency—
(a) the register maintained by the body under section 2(2) of that Act, and
(b) any other documents, records or other information in its possession which relate to the exercise of the body’s functions as an enforcement authority within the meaning of section 2(6) of that Act (referred to in this section as its “enforcement functions”).
(3) It shall be the duty of a body falling within subsection (2) to give to the Environment Agency all such assistance as the Environment Agency may reasonably require for the purposes of facilitating the taking over by the Environment Agency of the body’s enforcement functions.
(4) Nothing in this section affects the validity of anything done by or in relation to such a body in the exercise of its enforcement functions before the commencement date.
(5) There may be continued by or in relation to the Environment Agency anything (including legal proceedings) which relates to any of such a body’s enforcement functions and is in the process of being done by or in relation to the body immediately before the commencement date.
(6) Anything which was done by such a body for the purpose of or in connection with any of its enforcement functions and is in effect immediately before the commencement date shall have effect as if done by the Environment Agency.
(1) The Reservoirs Act 1975 is amended as follows.
(2) In section 8 (powers of enforcement authority in event of non-compliance with certain requirements), after subsection (3) there is inserted—
“(3A) Where it appears to the enforcement authority that the report of an engineer acting under this section includes a recommendation as to measures to be taken in the interests of safety that has not been carried into effect as required by this section, the authority may by written notice served on the undertakers require them to carry the recommendation into effect within a time specified in the notice.
(3B) Where an enforcement authority propose to serve such a notice, the authority shall consult as to the time to be specified in the notice a civil engineer, being a qualified civil engineer for the purpose of inspecting and supervising the reservoir under this section.”
(3) In section 15 (reserve powers), in subsection (2), after “section” there is inserted “8,”.
(4) In section 17 (powers of entry), in subsection (1)(b), after “section”, in both places, there is inserted “8,”.
(1) In section 15(4) of the Reservoirs Act 1975 (c. 23) (reserve powers of enforcement authorities) for “section 233 of the Local Government Act 1972” there is substituted “section 123 of the Environment Act 1995 as it is applied by section 22A of this Act”.
(2) After section 22 of that Act there is inserted—
Section 123 of the Environment Act 1995 (service of documents) applies to any document authorised or required by virtue of any provision of this Act to be served or given by the Environment Agency as if it were authorised or required to be served or given by or under that Act.”
After section 12 of the Reservoirs Act 1975 there is inserted—
(1) The Secretary of State may, by written notice served on the undertakers in relation to a large raised reservoir, direct them to prepare a plan (a “flood plan”) setting out the action they would take in order to control or mitigate the effects of flooding likely to result from any escape of water from the reservoir.
(2) A direction may in particular—
(a) specify the matters to be included in the flood plan;
(b) require the flood plan to be prepared in accordance with such methods of technical or other analysis as may be specified by the Environment Agency;
(c) require the flood plan, or any information about the matters contained in it, to be given to the Environment Agency at such time or times as may be directed by that Agency or by the Secretary of State;
(d) require a copy of the flood plan to be sent to such persons as may be specified in the direction;
(e) require publication of the flood plan, in such manner as may be specified in the direction, for the purpose of bringing the matters contained in the flood plan to the attention of persons likely to be interested.
(3) Before giving a direction under this section the Secretary of State shall consult—
(a) the undertakers concerned;
(b) the Environment Agency;
(c) if the reservoir concerned is in England, the county council, metropolitan district council or London borough council in whose area the reservoir is situated;
(d) if the reservoir concerned is in Wales, the county council or county borough council in whose area the reservoir is situated;
(e) such persons appearing to the Secretary of State to represent the emergency services in the area where the reservoir is situated; and
(f) such other persons (if any) as the Secretary of State considers appropriate.
(4) If—
(a) the functions of the Secretary of State under the preceding provisions of this section are transferred to the National Assembly for Wales so far as exercisable in relation to Wales;
(b) no direction has been given by the Assembly under subsection (1) above in relation to a reservoir in Wales; and
(c) it appears to the Secretary of State that it is necessary or expedient in the interests of public safety in England that such a direction be given,
he may give a direction under that subsection in relation to that reservoir.
(5) This section is subject to section 12B below.”
(1) In section 2 of the Reservoirs Act 1975 (c. 23) (registration of reservoirs and enforcement of Act, etc), after subsection (2) there is inserted—
“(2A) If it appears to the Secretary of State that the inclusion of any information in the register maintained under subsection (2) above by the Environment Agency would be contrary to the interests of national security, he may direct the Agency not to include that information in the register.”
(2) After section 12A of that Act (which is inserted by section 77 of this Act) there is inserted—
(1) If it appears to the Secretary of State that in the interests of national security any person or class of persons referred to in any one or more of paragraphs (a) to (e) of section 12A(3) above should not be consulted about a proposed direction, he may treat that subsection as not referring to that person or to that class of person.
(2) In relation to any reservoir (whether a large raised reservoir or not, as the case may be) the Secretary of State may, by written notice served on the undertakers, require them not to publish, or not to publish except as specified in the notice—
(a) a flood plan prepared by them pursuant to a notice given under section 12A above;
(b) any corresponding plan prepared by them other than pursuant to such a notice,
and a notice under this subsection may also require the undertakers to withhold access to any such plan from any person except as specified in the notice.”
(1) Section 22 of the Reservoirs Act 1975 (c. 23) (criminal liability of undertakers and their employees) is amended as follows.
(2) In subsection (1), the word “or” at the end of paragraph (a) is omitted, and at the end of paragraph (b) there is inserted “or
(c) the undertakers fail to comply with a direction under section 12A above;”.
(3) After subsection (1) there is inserted—
“(1A) If the undertakers fail without reasonable excuse to comply with a notice under section 12B above, they 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 imprisonment for a term not exceeding two years, or to a fine, or to both.”
After section 27 of the Reservoirs Act 1975 there is inserted—
(1) Subject to the provisions of this section, this Act binds the Crown.
(2) No contravention by the Crown of any provision made by or under this Act shall make the Crown criminally liable; but the High Court may, on the application of the Environment Agency, declare unlawful any act or omission of the Crown which constitutes such a contravention.
(3) Notwithstanding anything in subsection (2) above, the provisions of this Act shall apply to persons in the public service of the Crown as they apply to other persons.
(4) If the Secretary of State certifies that it appears to him, as respects any Crown premises and any power of entry exercisable in relation to them specified in the certificate, that it is requisite or expedient that, in the interests of national security, the powers should not be exercisable in relation to those premises, those powers shall not be exercisable in relation to those premises.
(5) Subject to subsection (4) above, the power conferred by section 17 above shall be exercisable in relation to land in which there is a Crown or Duchy interest only with the consent of the appropriate authority.
(6) Nothing in this section shall be taken as in any way affecting Her Majesty in Her private capacity; and this subsection shall be construed as if section 38(3) of the Crown Proceedings Act 1947 (interpretation of references to Her Majesty in Her private capacity) were contained in this Act.
(7) In this section—
“the appropriate authority” has the same meaning as it has in Part 13 of the Town and Country Planning Act 1990 by virtue of section 293(2) of that Act;
“Crown or Duchy interest” means an interest which belongs to Her Majesty in right of the Crown or of the Duchy of Lancaster, or to the Duchy of Cornwall, or belonging to a government department or held in trust for Her Majesty for the purposes of a government department;
“Crown premises” means premises held by or on behalf of the Crown.
(8) The provisions of subsection (3) of section 293 of the Town and Country Planning Act 1990 (questions relating to Crown application) as to the determination of questions shall apply for the purposes of this section.”
(1) The relevant authority must, where appropriate, take steps to encourage the conservation of water.
(2) The relevant authority is—
(a) the Secretary of State, in relation to England,
(b) the Assembly, in relation to Wales.
(3) After the period of three years beginning with the date on which this section comes into force, and after each succeeding period of three years, the Secretary of State must prepare a report about the steps taken by him under this section, and about any such steps which he proposes to take.
(4) The Assembly may make an order requiring the preparation by it of corresponding reports, and such an order may make provision about when, or in relation to what periods, they are to be prepared.
(5) Each such report must—
(a) if prepared by the Secretary of State, be laid before Parliament,
(b) if prepared by the Assembly, be laid before, and published by, the Assembly.
In section 3(2)(a) of the WIA (environmental duties in relation to proposals relating to the functions of a relevant undertaker), after “special interest” there is inserted “and, in the case of the exercise of such a power by a company holding an appointment as a relevant undertaker, as to further water conservation”.
(1) In exercising its functions and conducting its affairs, each public authority shall take into account, where relevant, the desirability of conserving water supplied or to be supplied to premises.
(2) In subsection (1), “public authority” means any of the following—
(a) a Minister of the Crown (within the meaning of the Ministers of the Crown Act 1975 (c. 26)),
(b) a Government department,
(c) the Assembly,
(d) a local authority (within the meaning of section 270(1) of the Local Government Act 1972 (c. 70)),
(e) a person holding an office—
(i) under the Crown,
(ii) created or continued in existence by a public general Act, or
(iii) the remuneration in respect of which is paid out of money provided by Parliament,
(f) a statutory undertaker (being any person who, by virtue of section 262 of the Town and Country Planning Act 1990 (c. 8) is or is deemed to be a statutory undertaker for any purpose), and
(g) any other public body of any description.
(1) After subsection (4) of section 57 of the WIA (duty to supply water etc for fire-fighting) there is inserted—
“(4A) Where a fire-hydrant is removed (other than at the request of the fire authority concerned) by a water undertaker in the course of carrying out works in relation to any of its water mains or other pipes, the cost of replacing the fire-hydrant shall be borne by the undertaker.”
(2) After subsection (4) of section 58 of the WIA (specially requested fire-hydrants) there is inserted—
“(4A) Where a specially requested fire-hydrant is removed (other than at the request of the owner or occupier of the factory or place of business in question) by a water undertaker in the course of carrying out works in relation to any of its water mains or other pipes, the cost of replacing the fire-hydrant shall be borne by the undertaker.”
(1) After section 4 of the Coal Industry Act 1994 (c. 21) there is inserted—
(1) The Authority may take such action as it considers appropriate (if any) for the purpose of preventing, or mitigating the effect of, the discharge of water from a coal mine into or on to any land or into any controlled waters.
(2) In this section and sections 4B and 4C below—
(a) “controlled waters” has the meaning given by section 104 of the Water Resources Act 1991; and
(b) references to coal mines are to coal mines vested in the Authority.
(1) If the Authority is of the opinion that a discharge of water from a coal mine into or on to any land or into any controlled waters has caused, is causing or is likely to cause—
(a) serious pollution of the environment; or
(b) danger to life or health,
the Authority may, for any purpose specified in subsection (2) below, in writing authorise a person to exercise, in accordance with the terms of the authorisation, any of the powers specified in subsection (3) below.
(2) The purposes are—
(a) to determine the extent of the pollution or of the danger, or the likelihood of serious pollution or such danger;
(b) to determine whether, and, if so, how, the Authority should exercise its power under section 4A above;
(c) to take action under that section.
(3) The powers are—
(a) to enter at any reasonable time (or, in an emergency, at any time and, if need be, using reasonable force) any premises which the authorised person has reason to believe it is necessary for him to enter;
(b) to use a vehicle or a boat to do so;
(c) on entering any premises by virtue of paragraph (a) above, to take with him—
(i) any other person authorised by the Authority and, if the authorised person reasonably believes he is likely to be obstructed, a constable; and
(ii) any equipment or materials needed for any purpose for which the power of entry is being exercised;
(d) to make such examination and investigation as may in any circumstances be necessary;
(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 (d) 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 or water or land in, on, or in the vicinity of, the premises;
(g) to require any person to give 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.
(4) The powers which are conferred in relation to any land by this section include power, for the purposes mentioned in subsection (2) above—
(a) to carry out experimental borings or other works on those premises; and
(b) to install, keep or maintain monitoring and other apparatus there.
(5) Except in an emergency, in any case where it is proposed to enter any premises used for residential purposes, or to take heavy equipment on to any premises which are to be entered, any entry by virtue of this section shall only be effected—
(a) after the expiration of at least seven days' notice of the proposed entry given to a person who appears to the authorised person in question to be in occupation of the premises in question; and
(b) either—
(i) with the consent of a person who is in occupation of those premises; or
(ii) under the authority of a warrant by virtue of Schedule 1A to this Act.
(6) Except in an emergency, where an authorised person proposes to enter any premises and—
(a) entry has been refused and he reasonably believes that the use of force may be necessary to effect entry; or
(b) he reasonably believes that entry is likely to be refused and that the use of force may be necessary to effect entry,
any entry on to those premises by virtue of this section shall be effected only under the authority of a warrant by virtue of Schedule 1A to this Act.
(7) In relation to any premises belonging to or used for the purposes of the United Kingdom Atomic Energy Authority, subsections (1) to (3) above shall have effect subject to section 6(3) of the Atomic Energy Authority Act 1954 (which restricts entry to such premises where they have been declared to be prohibited places for the purposes of the Official Secrets Act 1911).
(8) Schedule 1A to this Act shall have effect with respect to the powers of entry and related powers which are conferred by this section.
(9) In this section, “premises” includes any land, vehicle or vessel, and any plant which is designed to move or be moved (whether or not on roads).
(1) The Authority may be authorised by the Secretary of State to purchase compulsorily any land anywhere in England and Wales where he is of the opinion that—
(a) the purchase is required by the Authority for the purpose of preventing, or mitigating the effect of, a discharge of water from a coal mine; and
(b) the discharge has caused, is causing or is likely to cause significant pollution of controlled waters or serious harm to human health.
(2) The power of the Secretary of State under subsection (1) above shall include power—
(a) to authorise the acquisition of interests in, and rights over, land by the creation of new interests and rights; and
(b) by authorising the acquisition by the Authority of any rights over land which is to be or has been acquired by the Authority, to provide for the extinguishment of those rights.
(3) Without prejudice to the generality of subsection (1) above, the land which the Authority may be authorised under that subsection to purchase compulsorily shall include land which is or will be required for the purpose of being given in exchange for, or for any right over, any other land which for the purposes of the Acquisition of Land Act 1981 is or forms part of a common, open space or a fuel or field garden allotment.
(4) The Acquisition of Land Act 1981 shall apply to any compulsory purchase under subsection (1) above of any land by the Authority; and Schedule 3 to that Act shall apply to the compulsory acquisition under that subsection of rights by the creation of new rights.
(5) Schedule 1B to this Act shall have effect for the purpose of modifying enactments relating to compensation and the provisions of the Compulsory Purchase Act 1965 in their application in relation to the compulsory acquisition under subsection (1) above of a right over land by the creation of a new right.”
(2) Schedules 5 and 6 (which respectively insert Schedules 1A and 1B into the Coal Industry Act 1994 (c. 21)) are to have effect.
(3) In subsection (7) of section 68 of the Coal Industry Act 1994 (extent, etc), before paragraph (a) there is inserted—
“(za) sections 4A to 4C and Schedules 1A and 1B;”.
(1) The Environmental Protection Act 1990 (c. 43) is amended as follows.
(2) In section 78A (which contains provisions for the interpretation of Part 2A of the 1990 Act, relating to contaminated land)—
(a) for subsection (2)(b) there is substituted—
“(b) significant pollution of controlled waters is being caused or there is a significant possibility of such pollution being caused;”,
(b) in subsection (5)—
(i) in paragraph (a), after “harm” there is inserted “or pollution of controlled waters”,
(ii) in paragraph (b), after “harm” there is inserted “or of significant pollution of controlled waters”, and
(iii) paragraph (c) is omitted,
(c) in subsection (6)—
(i) in paragraph (a), after “systems” there is inserted “, or of poisonous, noxious or polluting matter or solid waste matter”,
(ii) in paragraph (b), after “places” there is inserted “or controlled waters, or different degrees of pollution”, and
(iii) after “significant harm” there is inserted “or of significant pollution”,
(d) in subsection (7)(b)(i), before “pollution” there is inserted “significant”,
(e) in subsection (8), for the words from “pollution” to the end there is substituted “significant pollution of those waters is being caused or there is a significant possibility of such pollution being caused”, and
(f) in subsection (9), in paragraph (a) of the definition of “controlled waters”, after “1991” there is inserted “except that “ground waters” does not include waters contained in underground strata but above the saturation zone”.
(3) In section 78C (identification and designation of special sites), in subsection (10)—
(a) in paragraph (a)(ii), for “be, or would be likely to be, caused” there is substituted “or might be caused”, and
(b) in paragraph (b), before “pollution” there is inserted “significant”.
(4) In section 78E (duty of enforcing authority to require remediation of contaminated land), in subsection (4)(b), after “or” there is inserted “of the”.
(5) In section 78K (liability in respect of contaminating substances which escape to other land), in each of subsections (3) and (4), for the words from “is being caused” to “likely to be caused” there is substituted “, or significant pollution of controlled waters, is being caused, or there is a significant possibility of such harm or pollution being caused”.
(6) In section 78X (supplementary provisions relating to contaminated land)—
(a) in subsection (1)—
(i) for paragraph (b) there is substituted—
“(b) significant pollution of controlled waters is being caused or there is a significant possibility of such pollution being caused,”, and
(ii) for the words from “is being caused, or” to “likely to be caused” there is substituted “, or significant pollution of controlled waters, is being caused, or there is a significant possibility of such harm or pollution being caused”, and
(b) in subsection (2), for the words from “is being caused” to “likely to be, caused” there is substituted “, or significant pollution of controlled waters, is being caused, or there is a significant possibility of such harm or pollution being caused”.
(7) In section 78YB (interaction of Part 2A of the Environmental Protection Act 1990 (c. 43) with other enactments), in each of subsections (1)(b) and (2), before “pollution” there is inserted “significant”.
(1) Paragraph 11 of Schedule 10 to the WRA (transfer of discharge consents) is amended as follows.
(2) In sub-paragraph (2), the words “, subject to sub-paragraph (4) below,” are omitted.
(3) In sub-paragraph (3), the words “, subject to sub-paragraph (4) below,” are omitted.
(4) Sub-paragraph (4) is omitted.
(5) For sub-paragraph (6) there is substituted—
Water Act 2003