Water Resources Act 1963

PART I — Functions of Ministers in relation to Water Resources

Functions of Ministers

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• (1) The duty of the Minister of Housing and Local Government (in this Act referred to as " the Minister ") under section 1 of the Water Act 1945 (which requires him to promote the conservation and proper use of water resources and the provision of water supplies in England and Wales, and to secure the effective execution by water undertakers, under his control and direction, of a national policy relating to water) shall be extended so as to require the Minister—

• (a) in formulating a national policy relating to water, to include such measures as he may consider necessary or expedient for augmenting the water resources of areas in England and Wales, for re-distributing water resources in any such area or for transferring water resources from one such area to another, and

• (b) to secure that, under his control and direction, that policy will be effectively executed by the river authorities and the Water Resources Board to be established under this Act, as well as by statutory water undertakers, in so far as that policy relates to matters falling within the functions of those bodies respectively.

• (2) In this Act, subject to any express provision for including the Minister of Transport, " the Ministers " means the Minister and the Minister of Agriculture, Fisheries and Food and, in the case of anything falling to be done by the Ministers, means those Ministers acting jointly.

Meaning of " water resources "

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• (1) In this Act "water resources", in relation to any area, means water for the time being contained in any source of supply in that area, and " source of supply ", in relation to any area, means ether of the following, that is to say—

• (a) so much of any inland water, other than any inland water falling within subsection (3) of this section, as is situated in that area, and

• (b) any underground strata in that area.

• (2) For the purposes of this Act water for the time being contained in—

• (a) a well, borehole or similar work, including any adit or passage constructed in connection with it for facilitating the collection of waiter in the well, borehole or work, or

• (b) any excavation into underground strata, where the level of water in the excavation depends wholly or mainly on water entering it from those strata,

shall be treated as water contained in the underground strata into which the well, borehole or work was sunk, or the excavation was made, as the case may be.

• (3) Except as provided by the last preceding subsection, an inland water which ether—

• (a) is a lake, pond or reservoir which does not discharge to any other inland water, or

• (b) is one of a group of two or more lakes, ponds or reservoirs (whether near to or distant from each other) and of watercourses or mains connecting them, where none of the inland waters in the group discharges to any inland water outside the group,

does not constitute a source of supply for the purposes of this Act.

PART II — River Authorities and Water Resources Board

River authorities

Establishment of river authorities

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• (1) The Ministers shall, as soon as practicable after the passing of this Act, and after consultation with such persons, or bodies representative of persons, as they consider appropriate, by order establish authorities, to be called " river authorities ".

• (2) The names of the river authorities established by virtue of this section shall be those specified in the second column of Schedule 1 to this Act; and, subject to the following provisions of this section, the area for which any such river authority is so established shall be an area consisting of the river board area, or combination of river board areas, specified in relation to that river authority in the third column of that Schedule.

• (3) The area for which a river authority is for the time being established by virtue of this section or of section 10 of this Act shall be called a " river authority area ".

• (4) All the river authorities established by virtue of this section—

• (a) shall come into existence on such day as may be appointed for the purposes of this paragraph by an order made by the Ministers (in this Act referred to as " the first appointed day "), and

• (b) on and after such day (subsequent to the first appointed day) as may be appointed for the purposes of this paragraph by an order made by the Ministers (in this Act referred to as " the second appointed day ") shall perform the functions assigned or transferred to them by or under this Act.

• (5) The functions assigned by or under this Act to river authorities, other than functions transferred to them by or under section 5 or (except as otherwise provided in that section) section 82 of this Act, are in this Act referred to as their " new functions "; and the functions transferred to river authorities by or under those sections (except as otherwise provided in the said section 82) are in this Act referred to as their " transferred functions ".

• (6) In this section, and in Schedule 1 to this Act, any reference to a river board area is a reference to that area as it exists immediately before the first appointed day for the purposes of the functions of river boards relating to land drainage.

• (7) The provisions of Schedule 2 to this Act shall have effect for the purposes of this section.

General duty of river authorities in relation to water resources

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Without prejudice to any other functions assigned or transferred to them by or under this Act, it shall be the duty of each river authority, as from the second appointed day, to take all such action as they may from time to time consider necessary or expedient, or as they may be directed to take by virtue of this Act, for the purpose of conserving, re-distributing or otherwise augmenting water resources in their area, of securing the proper use of water resources in their area, or of transferring any such resources to the area of another river authority.

Transfer to river authorities of functions of river boards

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• (1) As from the second appointed day, all the functions which immediately before that day were exercisable by river boards by virtue of—

• (a) section 4 of the River Boards Act 1948 (which provided for the transfer to river boards of functions relating to land drainage, fisheries, river pollution and other matters), or

• (b) section 8 of that Act (which provided for the transfer to river boards of functions of navigation authorities, conservancy authorities and harbour authorities), or

• (c) the Rivers (Prevention of Pollution) Acts 1951 to 1961, or

• (d) any other statutory provision not contained in, or made or issued under, the River Boards Act 1948,

shall be transferred to the river authorities established under this Act.

• (2) In accordance with the preceding subsection, the provisions of Schedule 3 to this Act shall have effect for adapting statutory provisions as mentioned in that Schedule.

Constitution of river authorities

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• (1) A river authority shall consist of not less than twenty-one members and (excluding any additional members) not more than thirty-one members, or such greater number (if any) as may be prescribed under subsection (5) of this section.

• (2) Such number of members of a river authority as is sufficient (but not more than sufficient) to constitute a majority of the total membership of the authority (including any additional members thereof) shall, subject to the provisions of the next following section, be appointed by or on behalf of all the constituent councils.

• (3) The remainder of the members of a river authority (other than additional members) shall consist of the fallowing, that is to say—

• (a) one or more members appointed by the Minister of Agriculture, Fisheries and Food as being qualified in respect of land drainage generally or as being qualified in respect of the protection of land against erosion or encroachment by the sea or any other particular aspects of land drainage;

• (b) one or more members appointed by (that Minister as being qualified in respect of fisheries;

• (c) one or more members appointed by that Minister as being qualified in respect of agriculture;

• (d) one or more members appointed by the Minister as being qualified in respect of public water supply; and

• (e) one or more members appointed by the Minister as being qualified in respect of industry other than agriculture.

• (4) In the last preceding subsection " qualified ", in relation to any subject mentioned in paragraphs (a) to (e) of that subsection, means qualified as having had experience of, and shown capacity in, or otherwise as having special knowledge of, matters which relate to that subject as it affects the area of the river authority.

• (5) If in the case of a particular river authority it appears to the Ministers that, by reason of special circumstances, the number of members of the authority, other than additional members, ought to exceed thirty-one, the order establishing the authority may provide that the number of members of the authority (excluding additional members) shall be such number, greater than thirty-one, as may be specified in the order.

• (6) The provisions of Schedule 4 to this Act shall have effect with respect to river authorities.

• (7) In this Act " constituent council", in relation to a river authority, means the council of a county or county borough any part of which is comprised in the area of the river authority.

Local authority members of river authorities

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• (1) Members of a river authority appointed as mentioned in subsection (2) of the last preceding section (in this Act referred to as " local authority members " of a river authority) may be ether members of the constituent councils or other persons.

• (2) The number of local authority members of a river authority to be appointed by each constituent council shall be specified in the order establishing the river authority, and for that purpose shall be determined by the Ministers having regard to the appropriate penny rate product for the relevant area of each such council for the relevant year (calculated in accordance with section 121 of this Act).

• (3) Where, in the case of a particular constituent council, the Ministers, having regard to the proportion which the appropriate penny rate product for the relevant area of that council for the relevant year bears to the aggregate of the appropriate penny rate products for the relevant areas of all the comparable constituent councils for that year.—

• (a) consider it to be inappropriate that that council should appoint a local authority member of the river authority, or

• (b) consider that one or more local authority members of the river authority should be appointed jointly by that council and one or more of the other comparable constituent councils,

the order establishing the river authority may provide accordingly.

In this subsection " comparable constituent councils", in relation to a county council, means constituent councils which are county councils, and, in relation to a county borough council, means constituent councils which are county borough councils.

• (4) Where in accordance with paragraph (b) of the last preceding subsection the order provides for the joint appointment of one or more local authority members, and the councils by whom that appointment is to be made are unable to agree on an appointment, the local authority members in question shall be appointed by the Ministers on behalf of those councils.

• (5) Where local authority members of a river authority are to be appointed by the council of a county, and, in the case of a particular county district in that county, the appropriate penny rate product for the relevant area of the county district council for the relevant year bears to the aggregate of the appropriate penny rate products for that year for the relevant areas of all the constituent county councils of the river authority a proportion greater than that borne by the number one to the total number of local authority members of the river authority to be appointed by county councils.—

• (a) the order establishing the river authority shall specify a number determined by the Ministers having regard to that proportion, and

• (b) the local authority members appointed by that county council shall include that number of persons appointed from among persons nominated by the council of that county district.

• (6) In the appointment of local authority members of a river authority, the constituent councils shall, so far as may be practicable, select persons appearing to them to have a practical knowledge of the matters to which the functions of the river authority will relate; and where two or more local authority members are to be appointed by the council of a county, the council (subject to the last preceding subsection) shall, so far as may be practicable, select persons each of whom has local associations with a different county district or group of county districts, having regard to the appropriate penny rate product for the relevant area of each county district council for the relevant year.

• (7) A person shall not be eligible to be a local authority member of a river authority if he is an officer or servant of a local authority (whether one of the constituent councils or not) unless ether—

• (a) he is an officer or servant of statutory water undertakers, not being one of the constituent councils, or

• (b) he is a member of the council, or one of the councils, by whom or on whose behalf he is appointed.

Additional members of river authorities

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• (1) In this Act "additional members", in relation to a river authority, means members of the authority (including local authority members thereof) appointed in pursuance of the following provisions of this section.

• (2) The Yorkshire Ouse and Hull River Authority and the Trent River Authority shall each include one additional member to be appointed by the National Coal Board.

• (3) Where it appears to the Minister, the Minister of Agriculture, Fisheries and Food and the Minister of Transport, in the case of a particular river authority, that, in comparison with the generality of river authorities.—

• (a) the authority will have exceptionally important functions relating to navigation, or

• (b) the performance of any functions of the authority will affect to an exceptional extent the functions of a navigation authority, harbour authority or conservancy authority in relation to a navigable waterway or harbour in the area of the river authority,

the order establishing the river authority may provide for the appointment by the Minister of Transport of an additional member or members to represent the interests of those affected by the performance of those functions of the river authority.

• (4) Where for any year a drainage charge has been raised and levied on occupiers of chargeable hereditaments in a river authority area (whether it has been raised and levied by the river authority or, before the second appointed day, by a river board) the Minister of Agriculture, Fisheries and Food may appoint not more than two additional members of the river authority for that area from amongst persons appearing to him to represent occupiers of chargeable hereditaments in that area.

In this subsection " drainage charge " and " chargeable hereditaments " have the same meanings as in Part I of the Land Drainage Act 1961.

• (5) Where the membership of a river authority includes one or more members appointed by virtue of subsection (2) or subsection (3) of this section, the order establishing the authority shall provide for the appointment of such additional local authority members (if any) as may be needed to make up the number required by section 6 (2) of this Act; and where that membership includes one or more members appointed by virtue of subsection (4) of this section, there shall also be appointed by or on behalf of the constituent councils, in such manner as the Ministers may direct, such additional local authority members (if any) as may be needed to make up the number so required.

Areas of river authorities for purposes of transferred functions

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• (1) For the purposes of the functions of a river authority relating to fisheries, the area of the authority shall include those tidal waters and parts of the sea adjoining the coast of the river authority area in which Her Majesty's subjects have the exclusive right of fishing, in so far as, apart from this subsection, those waters and parts of the sea would not be included in the river authority area for the purposes of the enactments relating to fisheries.

• (2) Any question arising under the preceding subsection as to the extent of the tidal waters and parts of the sea included in the area of a river authority for the purposes mentioned in that subsection shall be determined by the Minister of Agriculture, Fisheries and Food, whose decision shall be final.

• (3) For the purposes of the functions of a river authority relating to river pollution, the area of the authority shall include those tidal waters and parts of the sea adjoining the coast of the river authority area to which any of the provisions of the Rivers (Prevention of Pollution) Act 1951 for the time being apply by virtue of an order made, or having effect as if made, under section 6 of that Act, in so far as, apart from this subsection, those waters and parts of the sea would not be included in the river authority area for the purposes of the enactments relating to river pollution.

• (4) The designation by or under this Act of the area of a river authority shall not be construed as affecting the performance by the authority, outside the limits of the area so designated, of any functions by virtue of—

• (a) section 19 (1) of the Land Drainage Act 1961 (which relates to sea defence works), or

• (b) the Rivers (Prevention of Pollution) Acts 1951 to 1961, or any order made under any of those Acts, whether before or after the passing of this Act.

• (5) Nothing in this section shall affect the construction of any reference in this Act to a river authority area, other than any such reference in this section or in Schedule 3 to this Act.

Alteration of river authority areas

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• (1) Subject to the provisions of this section, the Ministers may at any time by order—

• (a) alter any of the areas of river authorities, or

• (b) designate a new area (consisting of any part of England and Wales, whether wholly or partly comprised in one or more of the areas specified in Schedule 1 to this Act or not) and establish a new river authority for the area so designated.

• (2) The provisions of sections 6 to 8 of this Act shall have effect in relation to any new river authority established under this section.

• (3) Any order under this section may contain such transitional, incidental, supplementary and consequential provisions as the Ministers consider necessary or expedient for the purposes of the order, including (but without prejudice to the generality of this subsection) such provisions as they consider necessary or expedient with respect to the transfer of functions, assets and liabilities, the amendment, adaptation or repeal of local enactments, or the application (subject to such exceptions, adaptations and modifications as may be specified in the order) of any of the provisions of Part IX of this Act or any regulations made thereunder.

• (4) The provisions of Schedule 5 to this Act shall have effect with respect to orders under this section.

Maps of river authority areas

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• (1) On or as soon as practicable after the second appointed day, the Ministers shall send to each of the river authorities established under section 3 of this Act a map of the area of the river authority; and, as soon as practicable after an order under the last preceding section comes into operation, the Ministers shall send to the river authority to whom the order relates—

• (a) in the case of an order altering the area of a river authority, a map of the area as altered by the order, or

• (b) in the case of an order designating a new area, a map of that area.

• (2) On or as soon as practicable after the second appointed day, the Minister of Agriculture, Fisheries and Food shall send to each of the river authorities established under section 3 of this Act a map—

• (a) showing by a distinctive colour the extent to which any watercourse in the river authority area was treated as the main river, or part of the main river, for the purposes of the map or maps which, immediately before the second appointed day, were for the time being in force under section 6 of the River Boards Act 1948 with respect to the river board or river boards whose area or areas is or are comprised in the river authority area, and

• (b) indicating (by a distinctive colour or otherwise) which (if any) of those watercourses are watercourses designated in a scheme made under section 3 of the Land Drainage Act 1961 (which relates to the designation of watercourses for drainage works in the interests of agriculture).

• (3) Where any of the following events occurs, that is to say—

• (a) by an order under the last preceding section a river authority is established for a new area designated in the order, or

• (b) by an order under that section the area of a river authority is altered so as to affect any of the particulars shown on a main river map, or

• (c) a scheme under section 3 of the Land Drainage Act 1961 is confirmed by the Minister of Agriculture, Fisheries and Food,

that Minister shall take action in accordance with the following provisions of this section.

• (4) Subject to the next following subsection, the action to be taken by the Minister of Agriculture, Fisheries and Food in the circumstances mentioned in the last preceding subsection shall be such action, ether—

• (a) by requiring a river authority to send to him a main river map kept by the authority, and altering the map and sending it back to the river authority, or

• (b) by preparing a new map and sending it to a river authority, and, where a main river map is already kept by that authority, directing that the new map is to be in substitution for that map,

as that Minister may consider appropriate for securing that, in each river authority area, there will be kept by the river authority a main river map—

• (i) showing by a distinctive colour the extent to which any watercourse in the area is to be treated as the main river, or part of the main river, for the purposes of Part II of the Land Drainage Act 1930, and

• (ii) indicating (by a distinctive colour or otherwise) which (if any) of those watercourses are watercourses designated in a scheme made under section 3 of the Land Drainage Act 1961.

• (5) Before altering a map, or preparing a new map, under the last preceding subsection, the Minister of Agriculture, Fisheries and Food shall give notice of his intention to do so in such manner as he thinks best adapted for informing persons affected, and shall consider any objections made to him within the time and in the manner specified in that notice, and may then alter or prepare the map, whether in accordance with the proposals contained in the notice or otherwise:

Provided that this subsection shall not apply to the variation of a main river map (whether by way of altering the map or preparing a new map in substitution for it) where the variation is limited to that required in consequence of the confirmation of a scheme under section 3 of the Land Drainage Act 1961.

• (6) A river authority may apply to the Minister of Agriculture, Fisheries and Food for the variation of the main river map kept by the authority and for that purpose shall send the map to that Minister; and on any such application that Minister—

• (a) if he intends to vary the map, whether in accordance with the proposals contained in the application or otherwise, shall give notice of his intention to do so in such manner as he thinks, best adapted for informing persons affected, and shall consider any objections made to him within the time and in the manner specified in that notice, and may then vary the map, whether in accordance with the proposals contained in the notice or otherwise ;

• (b) if he varies it, shall as soon as practicable send to the river authority ether the map as varied or a new map prepared by him in substitution for it;

• (c) if he determines not to vary the map, shall as soon as practicable send it back to the river authority.

• (7) Subject to the preceding provisions of this section, any map sent to a river authority under this section, except a map which has been superseded by a subsequent map sent thereunder, shall be kept at the principal office of the river authority; and the authority shall provide reasonable facilities for the inspection of the map by any person wishing to inspect it, and for the taking of copies of, and extracts from, the map.

• (8) Any map which in accordance with the last preceding subsection is required to be kept at the principal office of a river authority—

• (a) if it is a map sent under subsection (1) of this section, shall be conclusive evidence for all purposes as to the boundaries of the river authority area, and

• (b) if it is a main river map, shall be conclusive evidence for all purposes as to what is the main river.

• (9) Any map sent to a river authority under this section shall be taken to be a document within the meaning of the Documentary Evidence Act 1868, as applied to the Minister and to the Minister of Agriculture, Fisheries and Food respectively; and that Act, as so applied, shall have effect in relation to any map sent under subsection (1) of this section as if it had been issued by each of those Ministers acting separately and not jointly.

• (10) In this section " main river map " means a map sent to a river authority under this section, otherwise than under subsection (1) thereof, in the form in which that map is for the time being in force.

Water Resources Board

Establishment and principal functions of Water Resources Board

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• (1) There shall be established a Board, to be called the " Water Resources Board ", which shall come into existence on such day as may be appointed by order made by the Minister.

• (2) The Water Resources Board shall be charged with the duty of advising river authorities with respect to the performance of their new functions, and of advising the Minister with respect to the performance of his functions under section 1 of the Water Act 1945, as extended by section 1 of this Act, and with respect to such other matters (if any) as may be referred to the Board by the Minister.

• (3) Without prejudice to the last preceding subsection, it shall be the duty of the Water Resources Board—

• (a) to consider in what way action needs to be taken for the purposes of conserving, re-distributing or otherwise augmenting water resources, or of securing the proper use of water resources, ether in England and Wales generally or in relation to any particular river authority area, and to give to the Minister (and, where the Board consider it appropriate, to other Ministers) and to river authorities the earliest possible notice of action which in the opinion of the Board will be needed for any of those purposes, together with such recommendations with respect thereto as may appear to the Board to be necessary or expedient;

• (b) to keep under review the progress made from time to time in fulfilling the purposes mentioned in the preceding paragraph, and to make to the Minister (and, where the Board consider it appropriate, to other Ministers) and to river authorities such representations as may appear to the Board to be necessary or expedient as to any matters affecting the fulfilment of those purposes;

• (c) to give advice, at the request of any river authority, with respect to any matter relating to the performance by the authority of their functions under Parts III and IV of this Act;

• (d) to bring to the notice of the Minister and of the river authority concerned any case where it appears to the Board that the arrangements in force in any river authority area with respect to any such matter as is mentioned in the last preceding paragraph need to be revised;

• (e) to encourage and assist river authorities in the formulation of such plans as the Board think necessary for augmenting water resources in a river authority area by transferring water from another river authority area ;

• (f) to bring to the notice of the river authority concerned any case where it appears to the Board that, for the purpose of securing the proper use of water resources in a river authority area, the quality of the water contained in an inland water in that area needs to be improved, and that the requisite improvement could be obtained through the exercise of powers conferred by the Rivers (Prevention of Pollution) Acts 1951 to 1961;

• (g) to collate and from time to time publish information from which assessments can be made of the actual and prospective demand for water, and of actual and prospective water resources, in England and Wales, and (in so far as the Board consider it appropriate to do so) to collaborate with others in collating and publishing the like information relating to the demand for water, and water resources, in Great Britain generally.

• (4) In connection with any of the matters referred to in the last preceding subsection, the Board may, and shall if so required by any Minister, carry out such research, make such inquiries and submit such reports as the Board may consider necessary or expedient or as the Minister in question may require; and for the purposes of their functions under this subsection the Board may give directions requiring any river authority to furnish the Board with such information relating to water resources in the area of the river authority as may be specified in the directions.

• (5) In the performance of their functions under this section, it shall be the duty of the Board to keep themselves informed as to the requirements, in respect of the supply of water, of such classes of users of water as are likely to make major demands on the water resources of river authority areas.

• (6) Nothing in subsections (2) to (5) of this section shall be construed as modifying the effect of any provision of this Act whereby any specific power or duty is conferred or imposed on the Water Resources Board or whereby an obligation is imposed on any other person to consult the Board.

Constitution of Water Resources Board

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• (1) The members of the Water Resources Board, of whom there shall be not more than eight, shall be appointed by the Minister, and he shall appoint one of them to be chairman and one to be deputy chairman.

• (2) The members of the Board shall include at least one member appointed by the Minister as having special knowledge or experience of matters relating to the conservation and use of water resources in Wales.

• (3) Subject to the following provisions of this section, a member of the Board, and the chairman and deputy chairman, shall hold and vacate office as such in accordance with the terms of his appointment.

• (4) If the chairman or deputy chairman of the Board ceases to be a member of the Board, he shall also cease to be chairman or deputy chairman.

• (5) A member of the Board may, by notice in writing addressed to the Minister, resign his membership, and the chairman or deputy chairman may, by the like notice, resign his office as such.

• (6) If the Minister is satisfied that a member of the Board—

• (a) has become bankrupt, or made an arrangement with his creditors, or

• (b) is incapacitated by physical or mental illness, or

• (c) has been absent from meetings of the Board for a period longer than three consecutive months without the permission of the Board, or

• (d) is otherwise unable or unfit to discharge the functions of a member, or is unsuitable to continue as a member,

the Minister may remove him from his office as a member of the Board.

• (7) A member of the Board who ceases to be a member, or ceases to be chairman or deputy chairman, shall be eligible for reappointment.

• (8) The Minister may pay to persons holding office as chairman, deputy chairman or member of the Board such remuneration in respect of that office as he may with the consent of the Treasury determine, and may pay to those persons such reasonable allowances as may be so determined in respect of expenses properly incurred by them in the performance of their duties.

• (9) In the case of any such person as the Minister may with the consent of the Treasury determine, the Minister may, in respect of that person's office as chairman, deputy chairman or member of the Board, pay such pension, allowance or gratuity to or in respect of him on his retirement or death, or such contributions or other payments towards provision for such a pension, allowance or gratuity, as may be so determined.

• (10) As soon as may be after the making of any determination under the last preceding subsection, the Minister shall lay before each House of Parliament a statement of the amount of the pension, allowance or gratuity, or the contributions or other payments towards pension, allowance or gratuity, as the case may be, payable in pursuance of the determination.

• (11) The provisions of Schedule 6 to this Act (which relate to the procedure of, and other matters concerning, the Water Resources Board) shall have effect with respect to the Board.

PART III — Assessment of Water Resources and Related Matters

Periodical surveys

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• (1) It shall be the duty of each river authority, as soon as practicable after the second appointed day.—

• (a) to carry out a survey of the water resources of their area, and of the existing demand, on the part of statutory water undertakers and other persons, for the supply of water from those resources, and to prepare a report setting out the results of the survey ;

• (b) to prepare an estimate of the future demand, on the part of statutory water undertakers and other persons, for the supply of water from those resources during the period of twenty years from the date on which the survey is completed or such longer or shorter period from that date as the Water Resources Board may in any particular case direct; and

• (c) to formulate proposals as to action to be taken by the river authority (whether by way of executing works or securing the execution of works by other persons or otherwise) for any of the purposes mentioned in section 4 of this Act, including action for giving effect to any notice or advice given to them by the Water Resources Board under section 12 of this Act.

• (2) Each river authority shall keep under review the particulars contained in any report or estimate prepared by them, and any proposals formulated by them, in accordance with the preceding subsection, and shall in accordance with the next following subsection from time to time revise all such particulars and proposals, ether by way of amendment or by carrying out a new survey and preparing a new report, preparing a new estimate, or formulating new proposals, as the authority may consider appropriate having regard to changes which have occurred since the previous survey or (as the case may be) the revision last effected by them under this subsection.

• (3) A river authority shall carry out revisions in pursuance of the last preceding subsection at intervals of not more than seven years, and, subject to that requirement, at such times as they consider appropriate, having particular regard to the times at which like revisions are proposed to be carried out by other river authorities.

• (4) The reference in section 4 of this Act to action which a river authority consider necessary or expedient as therein mentioned shall be taken to include action in accordance with any proposals of the authority (whether as originally formulated or as subsequently revised) in pursuance of this section.

• (5) In the performance of their functions under this section a river authority shall consult the Water Resources Board; and every river authority—

• (a) shall send to the Ministers, to the Water Resources Board and to the council of every county or county borough any part of which is comprised in the river authority area a copy of any report prepared by them in consequence of a survey under this section, and of any amendments made by them in any such report, and

• (b) shall furnish the Board with such other information as the Board may reasonably require with respect to anything done by the authority in pursuance of this section.

Hydrometric schemes

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• (1) Not later than the end of the period of one year beginning with the second appointed day, or of such extended period as the Water Resources Board may in any particular case allow, each river authority shall prepare and submit to the Board a scheme (in this Act referred to as a " hydrometric scheme ") for obtaining and recording such measurements and other particulars of—

• (a) rainfall in the area of the authority,

• (b) the evaporation of water in that area,

• (c) the flow, level or volume of inland waters in that area, other than inland waters falling within section 2 (3) of this Act, and

• (d) other matters appearing to the authority to affect, or to be likely to affect, water resources in their area, as the river authority may consider necessary or expedient for the performance of any of their functions, or as may be required for complying with any directions of the Water Resources Board.

• (2) A hydrometric scheme prepared by a river authority shall include provision as to the works required to be constructed or altered, and apparatus required to be installed or modified, for the purposes of the scheme, and provision as to the way in which any such works and apparatus are to be maintained and used.

• (3) In so far as it appears to the Water Resources Board that hydrometric schemes are needed for any such purposes as are mentioned in section 4 of this Act, the Board may give directions, ether to river authorities generally or to any particular river authority, as to the measurements or particulars relating to—

• (a) any of the matters specified in paragraphs (a) to (c) of subsection (1) of this section, or

• (b) any other matters appearing to the Board to affect, or to be likely to affect, water resources in the river authority areas or area in question,

for which provision is to be made in a hydrometric scheme, as to the form of any hydrometric scheme, and as to the period within which the action provided for by such a scheme is to be carried out.

• (4) Where a river authority have submitted a hydrometric scheme to the Water Resources Board, and the Board approve the scheme, with or without modifications, it shall be the duty of the river authority to take all such steps as are reasonably practicable for carrying out the scheme as approved by the Board:

Provided that the Board shall not approve a scheme with modifications except after consultation with the river authority concerned.

• (5) At any time when required to do so by the Water Resources Board, and, subject to any such requirement, at intervals of not more than seven years, each river authority shall review the provisions of the hydrometric scheme submitted by the authority and approved (with or without modifications) by the Board under this section, and shall submit to the Board such proposals for alterations or additions to the scheme as the authority may consider necessary or expedient in consequence of the review.

• (6) Where any such proposals have been submitted to the Board, the Board, after consultation with the river authority concerned, may amend the scheme to such extent as they consider appropriate having regard to those proposals and to any other material considerations; and it shall be the duty of the river authority to take all such steps as are reasonably practicable for carrying out the scheme as amended by the Board under this subsection.

• (7) Subsections (2) and (3) of this section shall apply (with the necessary modifications) in relation to any proposals for alterations or additions to a hydrometric scheme as they apply in relation to the preparation of such a scheme.

• (8) In the following provisions of this Act, any reference to a hydrometric scheme is a reference to such a scheme in the form in which (whether as originally approved by the Board or as subsequently amended) that scheme is for the time being in force.

Information obtained in pursuance of hydrometric schemes

16

• (1) The Water Resources Board may give directions requiring any river authority to furnish the Board with such information obtained by the authority in pursuance of a hydro-metric scheme as may be specified in the directions.

• (2) Without prejudice to the preceding subsection, each river authority shall provide reasonable facilities for the inspection of records kept by them in pursuance of a hydrometric scheme, and for the taking of copies of, and extracts from, such records.

• (3) Facilities provided by a river authority in accordance with the last preceding subsection—

• (a) shall be available free of charge to all local authorities and internal drainage boards whose areas or districts are wholly or partly comprised in the area of the river authority, and

• (b) shall be available to all other persons on payment of such fees as may be approved by the Minister after considering any recommendation of the Water Resources Board relating thereto.

Gauges and records kept by other persons

17

• (1) Any person, other than a river authority, who proposes, on or after the second appointed day, to instal a gauge for measuring and recording the flow, level or volume of any inland water in a river authority area, other than an inland water falling within section 2 (3) of this Act.—

• (a) shall give notice to the river authority of his proposal to instal the gauge, and shall not begin the work of installing it before the end of the period of three months beginning with the date of service of the notice or such shorter period as the river authority may in any particular case allow, and

• (b) not more than one month after the work is completed, shall give notice to the river authority stating where the records obtained by means of the gauge are to be kept:

Provided that this subsection shall not apply to any gauge installed for the sole purpose of indicating the level of an inland water for the benefit of persons who fish in it, or to any gauge which is removed at or before the end of the period of twenty-eight days beginning with the date on which it is installed.

• (2) A river authority shall have the right, at all reasonable hours, to inspect any records kept by any other person of the flow, level or volume of any inland water in the area of the authority, other than an inland water falling within section 2 (3) of this Act, and to take copies of, and extracts from, any such records.

• (3) Any person who contravenes subsection (1) of this section, or who without reasonable excuse refuses or fails to permit any inspection, or the taking of any copy or extract, reasonably required in pursuance of the last preceding subsection, shall be guilty of an offence and liable on summary conviction to a fine not exceeding twenty pounds.

Investigation of water in underground strata

18

• (1) A river authority may after consultation with the Water Resources Board, and shall if so directed by the Board, formulate proposals for the construction of wells, boreholes or other works for ether or both of the following purposes, that is to say—

• (a) ascertaining the presence of water in any underground strata in the river authority area or the quality or quantity of any such water, and

• (b) ascertaining the effect of abstracting any such water on the abstraction of water from any other source of supply in that area or on the flow, level or volume of water in any such source of supply.

• (2) A river authority shall submit to the Water Resources Board any proposals formulated by them under this section; and if the proposals are approved by the Board, with or without modification, it shall be the duty of the river authority to take all such steps as are reasonably practicable for carrying out the proposals as approved by the Board.

Minimum acceptable flows

19

• (1) As soon as practicable after the second appointed day, each river authority shall consider—

• (a) for which inland waters in their area (other than inland waters falling within section 2 (3) of this Act) minimum acceptable flows ought to be determined under this Act, and

• (b) whether, for the purpose of determining minimum acceptable flows for those waters, they ought to be dealt with simultaneously or successively, and. if successively, how for that purpose they should be grouped or arranged and in what order.

• (2) In the performance of their functions under the last preceding subsection a river authority shall consult the Water Resources Board; and, if a river authority and the Board are unable to agree with respect to any question arising under that subsection, the matter shall be referred to the Minister, who may determine it and give directions to the river authority as to the action to be taken by them in relation thereto.

• (3) When a river authority have completed consideration of the matters referred to in subsection (1) of this section, they shall as soon as practicable thereafter prepare and submit to the Minister a draft statement or a series of draft statements (in accordance with their determination of the questions referred to in subsection (1) (b) of this section) indicating with respect to each of the inland waters for which minimum acceptable flows are to be determined—

• (a) the control points at which the flow of water is to be measured, and the method of measurement to be used at each control point, and

• (b) the flow which is to be the minimum acceptable flow at each such control point.

• (4) Before preparing so much of any draft statement under this section as relates to any particular inland water, the river authority shall consult—

• (a) any statutory water undertakers having the right to abstract water therefrom;

• (b) any other statutory water undertakers having the right to abstract water from any underground strata, where it appears to the river authority, having regard to the extent to which the level of water in those strata depends on the flow of that inland water, that the exercise of that right may be substantially affected by the draft statement in so far as it relates to that inland water;

• (c) any internal drainage board from whose drainage district water is discharged into that inland water or in whose district any part of it is situated;

• (d) any navigation authority, harbour authority or conservancy authority having functions in relation to that inland water, or, if it is a tidal water and there is no such navigation authority, harbour authority or conservancy authority, the Minister of Transport;

• (e) any navigation authority, harbour authority or conservancy authority having functions in relation to any other inland water, where it appears to the river authority that changes in the flow of the inland water in question may affect the flow of that other inland water, or, if that other inland water is a tidal water and there is no such navigation authority, harbour authority or conservancy authority, the Minister of Transport; and

• (f) the Central Electricity Generating Board.

• (5) In determining the flow to be specified in relation to any inland water under subsection (3)(b) of this section, the river authority shall have regard to the character of the inland water and its surroundings (and, in particular, any natural beauty which the inland water and its surroundings may possess) and to the flow of water therein from time to time; and the flow so specified shall be not less than the minimum which in the opinion of the river authority is needed for safeguarding the public health and for meeting (in respect both of quantity and quality of water) the requirements of existing lawful uses of the inland water, whether for agriculture, industry, water supply or other purposes, and the requirements of land drainage, navigation and fisheries, both in relation to that inland water and in relation to other inland waters whose flow may be affected by changes in the flow of that inland water.

• (6) The provisions of Part I, and, where applicable, Part IV, of Schedule 7 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 thereunder.

Periodical review of minimum acceptable flows

20

• (1) Bach river authority shall keep under review any statement of minimum acceptable flows relating to inland waters in their area (being a statement approved under the last preceding section or under this section) and shall at the requisite intervals submit to the Minister—

• (a) any such draft statement, in substitution for a statement of minimum acceptable flows for the time being in force, or

• (b) such proposals for amending any statement of minimum acceptable flows for the time being in force,

as they consider appropriate in consequence of the review.

• (2) For the purposes of the preceding subsection each river basin in a river authority area shall be dealt with separately, but all inland waters comprised in any one such basin shall be taken together, and time shall be reckoned from the earliest date on which a statement under the last preceding section relating to any one or more inland waters in the river basin in question was approved; and the requisite intervals for those purposes, in relation to inland waters comprised in any such river basin, shall be such intervals, not exceeding seven years, as the river authority consider appropriate.

• (3) The provisions of subsections (2) to (5) of the last preceding section shall apply (with the necessary modifications) to draft statements and proposals under this section.

• (4) The provisions of Part I, and, where applicable, Part IV, of Schedule 7 to this Act shall have effect with respect to draft statements under subsection (1) (a) of this section and with respect to the approval of statements submitted as draft statements thereunder; and the provisions of Part II, and, where applicable, Part IV, of that Schedule shall have effect with respect to proposals under subsection (1) (b) of this section.

• (5) In the following provisions of this Act, any reference to the minimum acceptable flow, in relation to an inland water, is a reference to that flow as specified in a statement approved under the last preceding section or under this section, in the form in which (whether as originally approved or as subsequently amended) that statement is for the time being in force.

Additional powers of Minister in relation to minimum acceptable flows

21

• (1) Where a draft statement relating to any inland waters is submitted to the Minister under section 19 or section 20 of this Act, and is not approved thereunder, with or without modifications, the Minister, after consultation with the Water Resources Board and the river authority by whom the statement was submitted, may require the Board to prepare and submit to him a draft statement relating to those inland waters.

• (2) The Water Resources Board, where required to do so under the preceding subsection, shall prepare and submit to the Minister a draft statement accordingly; and the provisions of Part III, and, where applicable, Part IV, of Schedule 7 to this Act shall have effect with respect to any draft statement submitted under this subsection and with respect to the approval of statements submitted as draft statements thereunder.

• (3) Without prejudice to the provisions of the last preceding section as to the amendment of statements in pursuance of proposals submitted by river authorities, the Minister may at any time himself prepare proposals for amending any statement of minimum acceptable flows for the time being in force; and the provisions of Part III, and, where applicable, Part IV, of Schedule 7 to this Act shall have affect with respect to any proposals of the Minister for amending such a statement under this subsection:

Provided that, before preparing proposals under this subsection with respect to any inland water, the Minister, except where he is acting on the application of the river authority in whose area the inland water is situated, shall consult that river authority and the Water Resources Board.

• (4) The provisions of section 19(3) to (5) of this Act shall apply (with the necessary modifications) to draft statements submitted to the Minister, and to proposals of the Minister, under this section; and in section 20 of this Act any reference to a statement approved under section 19 of this Act shall be construed as including a reference to a statement approved under this section.

Measurement of level or volume instead of, or in addition to, flow

22

• (1) Where it appears to a river authority, in the case of any particular inland water, that it would be appropriate to measure the level or the volume, ether instead of, or in addition to, the flow, the river authority may determine that sections 19 and 20 of this Act shall apply in relation to that inland water as if any reference to the flow were, or (as the case may be) included, a reference to the level or the volume, as the case may be.

• (2) Where a river authority so determine with respect to any inland water, any draft statement prepared under those sections, in so far as it relates to that inland water, shall state whether the level or the volume is to be measured, and whether instead of, or in addition to, the flow; and the provisions of section 21 (3) and Part IV of this Act shall apply in relation to that inland water as if any reference therein to the flow were, or (as the case may be) included, a reference to the level or the volume, as the case may be, and " minimum acceptable flow " in those provisions shall be construed accordingly.

• (3) Where in accordance with the last preceding section the Water Resources Board prepare a draft statement, or the Minister (otherwise than on the application of a river authority) proposes to amend a statement, the preceding provisions of this section shall apply, with the necessary modifications, as if any reference to a river authority were a reference to the Board or the Minister, as the case may be.

PART IV — Control of Abstraction and Impounding of Water

General provisions as to abstraction of water

General restrictions

23

• (1) Subject to the following provisions of this Part of this Act, as from the end of the period of three months beginning with the second appointed day (in this Act referred to as " the initial period ") no person shall abstract water from any source of supply in a river authority area, or cause or permit any other person so to abstract any water, except in pursuance of a licence under this Act granted by the river authority and in accordance with the provisions of that licence.

• (2) Where by virtue of the preceding subsection the abstraction of water contained in any underground strata is prohibited except in pursuance of a licence under this Act, no person shall after the end of the initial period begin, or cause or permit any other person to begin, to—

• (a) construct any well, borehole or other work whereby water may be abstracted from those strata, or

• (b) extend any such well, borehole or other work, or

• (c) instal or modify any machinery or apparatus whereby additional quantities of water may be abstracted from those strata by means of a well, borehole or other work,

unless the abstraction of the water, or the additional quantities of water, as the case may be, is authorised by a licence under this Act, and the well, borehole or work as constructed or extended, or the machinery or apparatus as installed or modified, fulfils the requirements of that licence as to the means whereby water is authorised to be abstracted.

• (3) Subject to the provisions of Part X of this Act with respect to the Water Act 1958, the restrictions imposed by this section shall have effect notwithstanding anything in any other enactment contained in any Act passed before the passing of this Act, or in any statutory provision made or issued, whether before or after the passing of this Act, by virtue of such an enactment.

Exceptions from general restrictions

24

• (1) The restriction imposed by subsection (1) of the last preceding section does not apply to any abstraction of a quantity of water not exceeding one thousand gallons, if it does not form part of a continuous operation, or of a series of operations, whereby in .the aggregate more than one thousand gallons of water are abstracted.

• (2) The restriction imposed by subsection (1) of the last preceding section does not apply to any abstraction from an inland water by or on behalf of an occupier of land contiguous to that water at the place where the abstraction is effected, in so far as the water—

• (a) is abstracted for use on a holding consisting of that land with or without other land held therewith, and

• (b) is abstracted for use on that holding for ether or both of the following purposes, that is to say, the domestic purposes of the occupier's household and agricultural purposes other than spray irrigation:

Provided that, where under section 55 of this Act it is so determined, this subsection shall apply as if any reference to use on such a holding as is mentioned in this subsection were a reference to use on the relevant part of such a holding as determined under that section.

• (3) The restriction imposed by subsection (1) of the last preceding section does not apply to the abstraction of waiter 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.

• (4) The restriction imposed by subsection (1) of the last preceding section does mot apply to any abstraction of water from a source of supply—

• (a) in the course of, or resulting from, any operations for purposes of land drainage, or

• (b) in so far as the abstraction (where it does not fall within the preceding paragraph) is necessary to prevent interference with any mining, quarrying, engineering, building or other operations (whether underground or on the surface) or to prevent damage to works resulting from any such operations ;

and where in the course of any such operations as are mentioned in paragraph (b) of this subsection water is abstracted from an excavation to which section 2(2)(b) of this Act applies, and the abstraction is necessary as mentioned in paragraph (b) of this subsection, the exemption conferred by this subsection shall apply notwithstanding that the water is used for the purposes of the operations.

• (5) In the case of any abstraction of water from underground strata which falls within subsection (3) or subsection (4) of this section, the restriction imposed by 'subsection (2) of the last preceding section does not apply to the construction or extension of any well, borehole or other work, or the installation or modification of machinery or other apparatus, for the purpose of abstracting the water.

• (6) The restriction imposed by subsection (1) of the last preceding section does not apply to any transfer of water from one inland water to another in the course of, or resulting from, any operations carried out by a navigation authority, harbour authority or conservancy authority in the performance of their functions as such an authority.

• (7) The restriction imposed by subsection (1) of the last preceding section does 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.

• (8) The restrictions imposed by the last preceding section do not apply to the doing of anything for fire-fighting purposes (within the meaning of the Fire Services Act 1947) or for the purpose of testing apparatus used for those purposes or of training or practice in the use of such apparatus.

• (9) The restrictions imposed by the last preceding section do not apply to the abstraction of waiter, or to the construction or extension of any well, borehole or other work, or the installation or modification of machinery or other apparatus, if it is for the purpose—

• (a) of ascertaining the presence of water in any underground strata or the quality or quantity of any such water, or

• (b) 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 water,

and it is carried out with the consent of the river authority and in compliance with any conditions imposed by that authority.

Power to provide further exceptions

25

• (1) Any of the relevant authorities, after consultation with the other relevant authorities (if any), may apply to the Minister for an order excepting any one or more sources of supply in a river authority area from the restriction imposed by section 23(1) of this Act, on the grounds that the restriction so imposed is not needed in relation to that source of supply or those sources of supply, as the case may be.

• (2) An application under this section may be made in respect of—

• (a) any one or more 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 :

Provided that any one order under this section shall be limited to one river authority area and shall not extend to any source of supply outside that area.

• (3) For the purposes of this section—

• (a) a river authority is a relevant authority in relation to all sources of supply in their area;

• (b) a navigation authority, harbour authority or conservancy authority having functions in relation to any inland water is a relevant authority in relation to that inland water.

• (4) Before applying to the Minister for an order under this section, the applicant authority shall consult the Water Resources Board, and may then submit to the Minister a draft order together with a statement of any observations made by the Board with respect to the application.

• (5) Part I, and, where applicable, Part IV, of Schedule 7 to this Act shall have effect in relation to any application under this section, as if—

• (a) any reference to a draft statement were a reference to a draft order, and any reference to the approval of a statement were a reference to the making of an order,

• (b) any reference to an inland water to which the draft statement relates were a reference to a source of supply to which the draft order relates, and

• (c) paragraph 4 (g) of that Schedule were omitted.

• (6) In relation to any. application under this section made by a relevant authority other than a river authority, the provisions of Schedule 7 to this Act applied by the last preceding subsection shall have effect subject to the following further modifications, that is to say:—

• (a) except in paragraphs 9 and 16 of that Schedule, any reference to the river authority, unless the reference is to the river authority area, shall be construed as a reference to the applicant authority ;

• (b) in paragraph 9 of that Schedule, the first reference to the river authority shall be construed as a reference to the applicant authority, and the second such reference shall be construed as a reference to the river authority and the applicant authority ;

• (c) the river authority shall be included among the bodies on whom, under paragraph 4 of that Schedule, a copy of the notice is required to be served.

• (7) If, in the case of a source of supply in a river authority area.—

• (a) it appears to the Minister, after consultation with the river authority and the Water Resources Board, that the question whether the restriction imposed by section 23 (1) of this Act 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 Minister may direct the river authority to submit to him a draft order under this section with respect to that source of supply.

• (8) Part I, and, where applicable, Part IV, of Schedule 7 to this Act shall have effect in relation to any draft order submitted to the Minister in pursuance of the last preceding subsection, subject to the modifications specified in subsection (5) of this section and to the further modification that paragraph 8 of that Schedule shall apply in relation to any objection received by the Minister from the river authority as it applies in relation to an objection received by him from a person on whom a notice is required by that Schedule to be served.

• (9) On the coming into operation of an order under this section—

• (a) the restriction imposed by subsection (1) of section 23 of this Act (and, in the case of any underground strata, the restriction imposed by subsection (2) of that section) shall cease to apply to any source of supply to which the order relates, and

• (b) any licence granted under this Act 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.

Protected rights to abstract water

26

• (1) For the purposes of the following provisions of this Part of this Act—

• (a) a person who is for the time being the holder of a licence under this Act to abstract water shall be taken to have a right to abstract water to the extent authorised by the licence and in accordance with the provisions contained in it;

• (b) a person who is in a position to abstract water in such circumstances that, by virtue of section 24 (2) or section 24 (3) of this Act, the restriction imposed by section 23 (1) of this Act does not apply thereto shall be taken to have a right to abstract water to the extent specified in section 24 (2) or section 24 (3) of this Act, as the case may be ;

and " protected right under this Act" means such a right as a person is taken to have by virtue of this subsection, and any reference to the person entitled to such a right shall be construed accordingly.

• (2) Any reference in this Act to abstracting water so as to derogate from a protected right under this Act is a reference to abstracting water in such a way, or to such an extent, as to prevent the person entitled to that right from abstracting water to the extent mentioned in paragraph (a) or paragraph (b) of the preceding subsection, as the case may be.

Who may apply for a licence

27

• (1) Subject to the following provisions of this Part of this Act as to licences of right, no application for a licence under this Act to abstract water shall be entertained unless it is made by a person entitled to make the application in accordance with the following provisions of this section.

• (2) In relation to abstractions from an inland water, a person shall be entitled to make such an application if, at the place (or, if more than one, at each of the places) at which the proposed abstractions are to be effected, ether—

• (a) he is the occupier of land contiguous to that inland water, or

• (b) he satisfies the river authority that he has, or at the time when the proposed licence is to take effect will have, a right of access to such land.

• (3) In relation to abstractions from underground strata, any person who is the occupier of land consisting of or comprising those underground strata shall be entitled to make such an application.

• (4) Any reference in this section to a person who is the occupier of land of any description includes a reference to a person who satisfies the river authority that he has entered into negotiations for the acquisition of an interest in land of that description such that, if the interest is acquired by him, he will be entitled to occupy that land.

Publication of application for licence

28

• (1) A river authority shall not entertain an application for a licence under this Act to abstract water, other than a licence of right, unless it is accompanied by a copy of a notice in the prescribed form, and by the prescribed evidence—

• (a) that the notice has been published in the London Gazette and at least once in each of two successive weeks in one or more newspapers (other than the London Gazette) circulating in the relevant locality, and

• (b) where the licence applied for is for abstraction from an inland water, that a copy of the notice has, not later than the date on which it was first published (otherwise than in the London Gazette) as mentioned in the preceding paragraph, been served on any navigation authority, harbour authority or conservancy authority having functions in relation to that inland water at any proposed point of abstraction, and on any internal drainage board within whose district any proposed point of abstraction is situated.

• (2) Any such notice as is mentioned in the preceding subsection shall (in addition to any other matters required to be contained therein)—

• (a) name a place within the relevant locality where a copy of the application, and of any map, plan or other document submitted with it, will be open to inspection by the public, free of charge, at all reasonable hours during a period specified in the notice in accordance with the next following subsection, and