Water Resources Act 1963

• (3) Without prejudice to the generality of the last preceding subsection, provision shall be made by regulations under this Act for securing that in such circumstances as may be prescribed, being circumstances in which it appears to the Minister that applications for licences under this Act, other than licences of right, would be of special concern to National Park planning authorities.—

• (a) notice of any such application will be given to such one or more National Park planning authorities as may be determined in accordance with the regulations;

• (b) the matters to which the river authority or the Minister, as the case may be, is to have regard in dealing with the application will include any representations made by any such National Park planning authority within such period and in such manner as may be prescribed ; and

• (c) on any appeal against the decision on the application, notice of the appeal will be served on any National Park planning authority who made representations falling within the last preceding paragraph, and, in determining the appeal, the Minister will take account of any further representations made by such an authority within such period and in such manner as may be prescribed.

In this subsection "National Park planning authority " means a local planning authority whose area consists of or includes the whole or part of a National Park.

• (4) Provision may also be made by regulations under this Act as to the form of licences under this Act or of any class of such licences.

• (5) Subsections (1) to (4) of this section shall have effect subject to any express provision contained in, or having effect by virtue of, any other enactment contained in this Part of this Act; and any regulations made under this section shall have effect subject to any such express provision.

Curtailment of certain protected rights

55

• (1) The provisions of this section shall have effect where a person (in this section referred to as " the occupier ") is entitled to a protected right (under this Act by virtue of section 26(1)(b) thereof by reason of his being the occupier of such a holding as is mentioned in section 24 (2) of this Act (in this section referred to as " the holding ").

• (2) If it appears to the river authority that the occupier is entitled, as against other occupiers of land contiguous to the inland water in question, to abstract water therefrom for use on part of the holding, but is not so entitled to abstract water for use on other parts of the holding.—

• (a) the river authority may serve on him a notice in writing specifying the first mentioned part of the holding, and

• (b) subject to the following provisions of this section, the notice shall have effect as a determination under this section, and the part specified in the notice shall be the relevant part of the holding for the purposes of the proviso to section 24 (2) of this Act.

• (3) Where a notice is served under the last preceding subsection, and .the occupier objects to the notice on the grounds—

• (a) that he is entitled, as against other occupiers of land contiguous to the inland water in question, to abstract water therefrom for use on every part of the holding, or

• (b) that he is so entitled to abstract water for use on a larger part of the holding than that specified in the notice,

he may, within such time (not being less than twenty-eight days from the date of service of the notice) and in such manner as may be prescribed, appeal to the court against the notice.

• (4) On any such appeal the court shall determine the matter in dispute, and ether confirm, quash or vary the river authority's notice in accordance with its decision.

• (5) Where the court quashes a notice served under subsection (2) of this section, paragraph (b) of that subsection shall not have effect; and where the court varies such a notice, that paragraph shall have effect, but with the substitution, for the reference to the part of the balding specified in the notice, of a reference to the part specified in the notice as varied by the court.

• (6) In this section " the court" means the county court for the district in which the holding, or the part of the holding which is contiguous to the inland water in question, is situated, and " entitled " (except in subsection (1) of this section) means entitled apart from this Act or any other statutory provision.

Transitional provisions for purposes of Part IV

56

• (1) Where an application for a licence under this Act is made before the end of the initial period, then, until the application has been disposed of, the following provisions of this Part of this Act, that is to say—

• (a) if the application is for a licence to abstract water, other than a licence of right, sections 23, 31 and 49 of this Act;

• (b) if the application is for a licence of right, those sections and section 26 of this Act; and

• (c) if the application is for a licence to obstruct or impede the flow of an inland water by means of impounding works, section 36, subsections (1) and (2) of section 37 and section 49 of this Act,

shall have effect as if the licence had been granted on the date of the application and the provisions of the licence had been in accordance with the proposals contained in the application; and for the purposes of those provisions of this Part of this Act any licence granted on the application shall be treated as not having effect until the application has been disposed of.

• (2) Where, in pursuance of an application made (whether before or after the passing of this Act) before the end of the initial period, a statutory provision—

• (a) comes into operation after the second appointed day, and

• (b) apart from this Act, would authorise a person to do anything which is restricted by section 23 of this Act,

the river authority, on the application of that person, shall grant to him a licence under this Act to abstract water, containing such provisions as appear to the river authority to correspond as nearly as may be to those of that statutory provision.

• (3) Sections 27 to 29 and section 54 (3) of this Act shall not have effect with respect to applications made to a river authority under the last preceding subsection, but—

• (a) section 34 (3) to (5) and section 41 of this Act shall have effect in relation to any such application, or to an appeal against the decision on such an application, as if it were an application for a licence of right, and

• (b) section 50 (2) of this Act shall not apply to any direction given in consequence of such an appeal.

• (4) Section 47 of this Act shall not apply to a licence granted in pursuance of an application under subsection (2) of this section.

• (5) Subsection (1) of section 31 of this Act shall not afford any defence to an action brought before the end of the relevant transitional period if the licence referred to in that subsection is a licence of right granted to a person as being entitled to if by virtue only of section 33(1)(b) of this Act; and that subsection as applied by subsection (1) of this section shall not afford any defence to such an action if the application in question was made by a person as being entitled to a licence of right by virtue only of the said section 33(1)(b).

In this subsection " the relevant transitional period", in relation to a licence granted by a river authority, means the period beginning with the second appointed day and ending with the coming into operation of a charging scheme prepared by that river authority under Part V of this Act.

• (6) No compensation shall be payable under section 46 of this Act in respect of the revocation or variation of a licence of right, if the revocation or variation is for giving effect to the decision of the court in an action in respect of which the last preceding subsection has effect or in any proceedings in consequence of such an action.

• (7) For the purposes of this section an application shall be taken to be disposed of on (but not before) the occurrence of whichever of the following events last occurs, that is to say—

• (a) on the determination of the application by the river authority, a licence is granted and the provisions of that licence are in accordance with the proposals contained in the application;

• (b) on a reference of the application to the Minister under section 38 of this Act, the Minister refuses to grant a licence;

• (c) the period (if any) within which the applicant is entitled to give notice of appeal against the decision on the application expires without such a notice having been given;

• (d) an appeal against that decision is determined or with drawn ;

• (e) in compliance with a direction given by the Minister in consequence of such an appeal or (in the case of an application referred to the Minister under section 38 of this Act) in consequence of a decision of the Minister on the application, the river authority grant, vary or revoke a licence under this Act;

and in this subsection any reference to a decision includes a reference to a decision which is to be treated as having been made by virtue of section 40 of this Act.

PART V — Charges for Licences to Abstract or Impound Water

Licence fees

57

• (1) On the granting of a licence under this Act to abstract water, and annually thereafter so long as such a licence continues in force, there shall be payable to the river authority by the holder of the licence a fee of which the amount (subject to subsection (4) of this section) shall be five pounds or such other sum as is for the time being prescribed for the purposes of this subsection by order of the Minister.

• (2) The preceding subsection shall apply to a combined licence granted in accordance with section 37 (3) of this Act as it applies to licences which relate only to abstracting water.

• (3) On the granting of a licence under section 36 of this Act, there shall be payable to the river authority by the holder of the licence a fee of five pounds or such other sum as is for the time being prescribed for the purposes of this subsection by order of the Minister:

Provided that this subsection shall not apply to such a combined licence as is mentioned in the last preceding subsection.

• (4) In respect of any licence under this Act which relates only to the abstraction of water from underground strata for agricultural purposes other than spray irrigation, the amount of any fee payable under subsection (1) of this section shall be one-fifth of the amount which would be payable apart from this subsection.

Charging schemes

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• (1) As soon as practicable after the second appointed day, each river authority shall prepare and submit to the Minister a scheme (in this Act referred to as a " charging scheme ") providing for the levying of charges (in addition to fees charged under the last preceding section) in respect of licences to abstract water granted under this Act.

• (2) A charging scheme shall provide that the charges to be levied under the scheme in the case of any licence shall be calculated by reference to the quantity of water authorised to be abstracted from time to time in pursuance of the licence.

• (3) Subject to the last preceding subsection, a charging scheme may provide for the levying of charges thereunder at different rates in respect of water authorised to be abstracted in different relevant circumstances; but (without prejudice to the effect of any agreement made under the following provisions of this Part of this Act relating to exemption from and reduction of charges) the charges levied under a charging scheme in any financial year of the river authority shall be levied on all persons at the same rates in respect of the same quantity of water authorised to be abstracted in the same relevant circumstances.

• (4) For the purposes of the last preceding subsection the following shall be taken to be relevant circumstances, that is to say—

• (a) the characteristics (whether generator special) of the source of supply from which the water is authorised to be abstracted;

• (b) the season of the year at which the water is authorised to be abstracted;

• (c) the purposes for which, in accordance with the provisions of the licence, the water is authorised to be used ; and

• (d) the way in which the water is to be disposed of after being used for the purposes specified in the licence.

• (5) Subject to the preceding provisions of this section—

• (a) the rates of charges specified in a charging scheme shall be maximum rates, and shall be calculated with a view to their remaining in force without variation (save in exceptional circumstances) over a period of five years from the time when the scheme was prepared, and

• (b) the charges levied under the scheme in any financial year of the river authority shall be levied at such rates (not exceeding the maximum rates specified in the scheme) as appear to the river authority to be requisite for balancing their water resources account.

• (6) In the last preceding subsection the reference to balancing the water resources account of a river authority is a reference to securing that, taking one year with another, the receipts of the river authority which, in accordance with the provisions of Part VIII of this Act, are credited to their water resources account are, as nearly as may be, equal to (but not greater than) the expenses and other amounts which, in accordance with those provisions, are debited to that account.

Supplementary provisions as to charging schemes

59

• (1) The provisions of Part I of Schedule 7 to this Act shall have effect in relation to a charging scheme, as if any reference to a draft statement were a reference to a charging scheme as prepared by the river authority:

Provided that paragraph 4 of that Schedule shall have effect in relation to a charging scheme with the omission of sub-paragraphs (c) to (h).

• (2) A charging scheme approved by the Minister (with or without modifications) shall come into operation on such date as may be specified in the scheme as so approved.

• (3) The date so specified shall be not later than the 1st April 1969:

Provided that the Minister may in any particular case fix a later date for the coming into operation of a charging scheme if, after consultation with the river authority and with each of the constituent councils of the river authority, he considers that by reason of special circumstances it is necessary or expedient to do so.

Exemptions from, and reduction of, charges

60

• (1) A river authority, ether before or after the coming into operation of a charging scheme prepared by the authority, may, on the application of any person, make an agreement with him ether exempting him from the payment of charges under the scheme or providing for charges to be levied on him under the scheme at reduced rates specified in the agreement.

• (2) In the exercise of their powers under the preceding subsection in relation to any person, a river authority shall have regard to—

• (a) the extent to which any works constructed (whether before or after the passing of this Act) by that person or any works to be constructed by him have made, or will make, a beneficial contribution towards the fulfilment of the purposes of the river authority's new functions;

• (b) any financial assistance which that person has rendered, or has agreed to render, towards the carrying out of works by the river authority in the performance of those functions;

• (c) any other material considerations.

• (3) The Minister may give directions as to the exercise by river authorities of their powers under subsection (1) of this section.

• (4) Without prejudice to the exercise of the power conferred by the last preceding subsection, if on any application under this section the river authority refuse to make an agreement with the applicant as mentioned in subsection (1) of this section, or the applicant objects to the terms of such an agreement as proposed by the river authority and that objection is not withdrawn, the applicant or the river authority may refer the question in dispute to the Minister; and on any such reference the Minister shall determine that question, having regard to the matters to which, in accordance with subsection (2) of this section, the river authority were required to have regard in relation to the applicant.

• (5) Any decision of the Minister on a reference under the last preceding subsection shall be final; and the Minister may give directions to the river authority requiring them to make an agreement with the applicant in accordance with his decision.

• (6) Every charging scheme shall make provision for securing that no charges will be levied under the scheme in respect of water authorised by a licence to be abstracted from underground strata, in so far as the water is authorised to be abstracted for use for agricultural purposes other than spray irrigation.

Revision of charging schemes

61

• (1) Where a charging scheme prepared by a river authority is for the time being in force—

• (a) the river authority, or

• (b) any statutory water undertakers who are the holders of a licence under this Act to abstract water from a source of supply in the area of the river authority, or

• (c) any persons who are in the aggregate the holders of not less than ten licences for the time being in force under this Act to abstract water from sources of supply in that area,

may apply to the Minister for a revision of that scheme.

• (2) Any application under this section shall include the submission of a new charging scheme prepared by the applicants, ether by way of variation of, or in substitution for, the charging scheme as in force at the time of the application.

• (3) The Minister shall not entertain an application under this section which is made before the end of the period of five years beginning with the date on which, in the case of the river authority in question, the charging scheme originally prepared by them or (as the case may be) the revision last applied for under this section was approved by the Minister (with or without modifications), unless it appears to the Minister that there are exceptional circumstances which render an earlier revision necessary or expedient.

• (4) Subsections (2) to (6) of section 58, subsection (6) of section 60, and, where the applicants are the river authority, subsection (1) of section 59 of this Act shall have effect in relation to a charging scheme prepared under this section as they have effect in relation to a charging scheme prepared under section 58 of this Act.

• (5) In relation to a charging scheme prepared under this section by applicants other than the river authority, the provisions of Part I of Schedule 7 to this Act shall have effect subject to the following modifications, that is to say:—

• (a) any reference to a draft statement shall be construed as a reference to a charging scheme as prepared by the applicants;

• (b) except in paragraph 9 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 applicants;

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

• (d) 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, and sub-paragraphs (c) to (h) of that paragraph shall be omitted.

• (6) A charging scheme prepared under this section which is approved by the Minister (with or without modifications) shall come into operation on such date as may be specified in the scheme as so approved.

• (7) Where a charging scheme prepared by a river authority has been revised under this section, any reference in the last preceding section to a charging scheme prepared by the river authority shall be construed as a reference to the charging scheme relating to licences granted by that authority, in the form in which such a scheme is for the time being in force.

Charges pending commencement of charging schemes

62

• (1) In respect of water authorised to be abstracted in pursuance of a licence under this Act granted by a river authority, other than a licence of right, during the period beginning with the date on which the licence comes into force and ending with the date of the coming into operation of a charging scheme prepared by the river authority, charges shall be payable at such rates as may be agreed between the river authority and the holder of the licence, or, in default of such agreement, at such rates as, on a reference of the matter to the Minister, may be determined by him to be appropriate in accordance with the next following subsection.

• (2) In agreeing or determining the rates of charges under this section, a river authority or the Minister, as the case may be, shall have regard to the principles which in accordance with sections 58 and 60 of this Act, would apply to rates under a charging scheme and to exemptions from, or reductions of, rates under such a scheme.

Special charges in respect of spray irrigation

63

• (1) Where a person (in this section referred to as "the applicant") is for the time being the holder of a licence under this Act to abstract water, and in accordance with the provisions of the licence (in this section referred to as " the relevant licence ")—

• (a) the water is to be used on land of which the applicant is the occupier, and

• (b) the purposes for which water abstracted in pursuance of the licence is to be used consist of or include spray irrigation,

the applicant, ether before or after the coming into operation of a charging scheme prepared by the river authority, may apply to the river authority to make an agreement with him under this section, and, subject to the following provisions of this section, the river authority may make such an agreement accordingly.

• (2) During any period for which an agreement under this section is in force, charges shall be payable by the applicant to the river authority in respect of the relevant licence, in so far as it relates to waiter authorised to be abstracted and used on the relevant land, as follows, that is to say—

• (a) basic charges calculated in accordance with the agreement by reference to the quantity of water authorised to be so abstracted and used from time to time in pursuance of the licence, and

• (b) supplementary charges calculated in accordance with the agreement by reference to the quantity of water which is measured or assessed as being abstracted from time to time by or on behalf of the applicant from the source of supply to which the relevant licence relates for use on the relevant land.

• (3) In determining whether to make an agreement with the applicant under this section, and in determining the charges to be leviable under such an agreement, the river authority shall have regard to the extent to which, in any year within the period proposed to be specified in the agreement as the period for which it is made, the quantity of water referred to in paragraph (a) of the last preceding subsection is likely to exceed the quantity referred to in paragraph (b) of that subsection.

• (4) The period specified in an agreement under this section as the period for which it is made shall not be less than five years.

• (5) An agreement under this section shall remain in force until the occurrence of whichever of the following events first occurs, that is to say—

• (a) the period specified in the agreement, as mentioned in the last preceding subsection, comes to an end ;

• (b) the relevant licence expires or is revoked;

• (c) the applicant ceases to be the occupier of the relevant land, or, if he has previously ceased to be the occupier of a part or parts of that land, ceases to be the occupier of the remainder of it;

• (d) the agreement is terminated under the next fallowing subsection.

• (6) At any time while an agreement under this section is in force, the applicant may apply to the river authority to terminate the agreement; and if on any such application the river authority are satisfied that, by reason of any change of circumstances since the agreement was made, it ought to be terminated, the river authority may terminate the agreement, ether unconditionally or subject to such conditions (whether as to any payment to be made by the applicant or otherwise) as the river authority and the applicant may agree.

• (7) The provisions of subsections (3) to (5) of section 60 of this Act shall have effect in relation to applications and to the exercise of powers under this section as they have effect in relation to applications and to the exercise of powers under that section, as if in those provisions any reference to the making of an agreement or to the terms of an agreement included a reference to the termination of an agreement or to the conditions subject to which an agreement is to be terminated, as the case may be.

• (8) Where the relevant licence authorises waiter abstracted in pursuance of the licence to be used on the relevant land for purposes which include spray irrigation and other purposes.—

• (a) any agreement made under this section shall provide for apportioning, as between those purposes respectively, the quantity referred to in paragraph (a) and the quantity referred to in paragraph (b) of subsection (2) of this section ;

• (b) subsection (2) of this section shall have effect as if in each of those paragraphs the reference to the quantity of water therein mentioned were a reference to so much of that quantity as in accordance with the agreement is apportioned to the purpose of spray irrigation ;

• (c) in subsection (3) of this section any reference to ether of those paragraphs shall be construed as a reference to that paragraph as modified by paragraph (b) of this subsection; and

• (d) subject to the provisions of this Part of this Act other than this section, charges shall be leviable in accordance with any charging scheme for the time being in force in respect of so much of the quantity referred to in paragraph (a) of subsection (2) of this section as in accordance with the agreement is apportioned to purposes other than spray irrigation.

• (9) Subject to the last preceding subsection, where an agreement under this section is in force, then in so far as the relevant licence relates to water authorised to be abstracted and used on the relevant land, the provisions of this section shall have effect notwithstanding anything contained in any other provision of this Part of this Act or in any charging scheme; but—

• (a) nothing in this section or in any agreement made thereunder shall affect the operation of any other provision of this Part of this Act or of any charging scheme in relation to a licence in so far as it authorises water abstracted in pursuance of the licence to be used on any land other than the relevant land, and

• (b) nothing in this section or in any such agreement shall affect the operation of section 57 of this Act.

• (10) An application under subsection (1) of this section may be made by a person who has applied for, but is not yet the holder of, a licence under this Act to abstract water; and, in relation to an application so made or to an agreement made on such an application.—

• (a) the reference in that subsection to the provisions of the relevant licence shall be construed as a reference to the proposals contained in the application for a licence, and

• (b) any other reference in this section to the relevant licence shall be construed as a reference to any licence granted to the applicant in pursuance of the last-mentioned application or in pursuance of an appeal consequential upon the last-mentioned application.

• (11) In this section "the relevant land" means the land on which the relevant licence, as for the time being in force, authorises water abstracted in pursuance of the licence to be used for purposes which consist of or include spray irrigation, and " year " means a period of twelve months beginning with the date on which an agreement under this section comes or is proposed to come into force or beginning with an anniversary of that date.

Enforcement of charges

64

• (1) Any fees or other charges payable to a river authority by virtue of this Part of this Act shall be recoverable by the authority as a simple contract debt in any court of competent jurisdiction.

• (2) Without prejudice to the recovery of any such charges in accordance with the preceding subsection, if the charges payable in respect of a licence under this Act are not paid within fourteen days after a notice in writing demanding them has been served on the holder of the licence, the river authority may by notice in writing suspend the operation of the licence until the charges have been paid.

PART VI — Powers of River Authorities in relation to Land and Works

Powers to acquire land

65

• (1) A river authority shall have power to acquire by agreement any land which they require for any purpose in connection with the performance of any of their functions:

Provided that a river authority shall not, except with the consent of the appropriate Minister or Ministers, acquire any land under this subsection for any purpose if the land is outside their area and is not immediately required by the river authority for that purpose.

• (2) A river authority shall have power to acquire compulsorily any land which they require for any purpose in connection with the performance of any of their functions, on being authorised by the appropriate Minister or Ministers to do so.

• (3) The Acquisition of Land (Authorisation Procedure) Act 1946 shall apply to the compulsory acquisition 74 of land under this section, and accordingly shall have effect as if this section had been in force immediately before the commencement of that Act.

• (4) In subsections (1) to (3) of this section references to land shall be construed as including references to any interest in or right over land (except in so far as the proviso to subsection (1) refers to land as being outside the area of a river authority); and, in relation to the acquisition of interests in or rights over land, references to land in the said Act of 1946 as applied by the last preceding subsection shall be construed as references to any such interest or right, or as references to the land in or over which an interest or right is to be acquired, as the context may require.

Acquisition of new interests or rights over land

66

• (1) A river authority may exercise the powers conferred by the last preceding section so as to acquire interests in or rights over land by way of the creation of new interests or rights, as well as interests or rights already in existence before the acquisition thereof by a river authority, and an interest or right may be so acquired ether in perpetuity or for a term of years certain or so as to be terminable by notice.

• (2) Where those powers are exercised so as to acquire compulsorily an interest in or right over any land (in this section referred to as " the servient land ") by way of the creation of a new interest or right (in this section referred to as " the new right"), the provisions of subsections (3) to (5) of this section shall have effect with respect to compensation in respect of the acquisition of the new right.

• (3) If the value of any interest in land to which this subsection applies is depreciated by the acquisition of the new right, the person entitled to that interest shall be entitled to compensation from the river authority of an amount equal to the amount of the depreciation.

This subsection applies to any interest in any of the servient land, and to any interest in any land which, on the relevant date, is held with any of the servient land.

• (4) Where the person entitled to an interest in land to which the last preceding subsection applies sustains loss or damage which—

• (a) is attributable to the acquisition of the new right, and

• (b) does not consist of depreciation of the value of that interest, and

• (c) is loss or damage for which, if his interest in the servient land had been compulsorily acquired under the last preceding section in pursuance of a notice to treat served on the relevant date, he would have been entitled to compensation by way of compensation for disturbance,

he shall be entitled to compensation from the river authority in respect of that loss or damage, in addition to compensation under the last preceding subsection.

• (5) Subsections (3) and (4) of this section shall have effect without prejudice to any right to compensation under section 68 of the Lands Clauses Consolidation Act 1845 (which relates to compensation for injurious affection): but, subject to the preceding provisions of this subsection and to any regulations made under this section, no person shall be entitled to compensation, in respect of the compulsory acquisition of the new right, otherwise than in accordance with subsections (3) and (4) of this section.

• (6) In relation to the acquisition under this Act of interests or rights by way of the creation of new interests or rights, provision may be made by regulations made by the Ministers under this section—

• (a) as to the exceptions and modifications subject to which any enactments are to apply for the purposes of any such acquisition;

• (b) as to the way in which any such acquisition, if compulsory, may be completed, whether by deed poll or otherwise, and (whether compulsory or not) may be made binding upon persons (other than the river authority) who are entitled to interests in the servient land and on the successors in title of such persons;

• (c) as to the application, subject to any exceptions and modifications specified in the regulations, of any provisions of the Land Charges Act 1925 or the Land Registration Act 1925 in relation to any such acquisition ;

• (d) as to the assessment of compensation, in such cases as may be prescribed by the regulations, by way of an annual sum payable during such period as may be so prescribed, instead of being payable as a capital sum ;

• (e) as to any exceptions and modifications subject to which the provisions of subsections (3) to (5) of this section are to have effect where an interest in any of the servient land is subject to a mortgage, or is subject to a rentcharge, chief rent or other rent, payment or incumbrance;

• (f) as to any other matters for which, in the opinion of the Ministers, it is necessary or expedient to provide in connection with, or in consequence of, such acquisitions.

• (7) In this section " the relevant date " means the date of service of the notice to treat in pursuance of which the new right is acquired.

Compulsory powers for carrying out engineering or building operations

67

• (1) Where in the performance of their new functions a river authority propose to carry out any engineering or building operations, and it appears to them that for the purpose of carrying out those operations they need compulsory powers, whether consisting of or including powers of compulsory acquisition or not, the authority may apply to the Minister for an order under this section.

• (2) The provisions of Schedule 8 to this Act shall have effect with respect to applications and orders under this section:

Provided that, where the powers applied for by an application under this section do not consist of or include any powers of compulsory acquisition, Part II of that Schedule shall not have effect with respect to that application or to any order made thereon, and an order made on that application shall not confer any powers of compulsory acquisition.

• (3) Subject to the provisions of that Schedule and of the last preceding subsection, where application is made to the Minister for an order under this section, the Minister may make an order conferring on the river authority such compulsory powers, for the purpose of carrying out the engineering or building operations in question, as the Minister may consider necessary or expedient for that purpose; and (subject to that Schedule and the last preceding subsection) an order under this section may contain such incidental and supplementary provisions, including provisions for amending, adapting or repealing local enactments, as the Minister considers necessary or expedient.

• (4) In relation to any order under this section, except in so far as it confers any powers of compulsory acquisition, section 61 of the Land Drainage Act 1930 (which contains provisions for the protection of certain public utility and other undertakings) shall have effect as it has effect in relation to any order under that Act.

• (5) Nothing in this section or in any order made thereunder shall exempt a river authority from any restriction imposed by Part IV of this Act.

• (6) The preceding provisions of this section shall have effect without prejudice to any compulsory powers (including powers of compulsory acquisition) which a river authority can exercise, or can be authorised to exercise, apart from this section.

• (7) In this section and in Schedule 8 to this Act " powers of compulsory acquisition " means any power to acquire compulsorily any land, or an interest in or right over land, including any power to acquire compulsorily such an interest or right by way of the creation of a new interest or right.

Special provisions for protection of water against pollution

68

• (1) In section 65 of this Act references to land which a river authority require for any such purpose as is therein mentioned shall (without prejudice to the generality of that section) be taken to include land which the river authority require for the purpose of protecting against pollution water in—

• (a) any reservoir owned or operated by the river authority, or proposed to be acquired or constructed by the river authority for the purpose of its being operated by them, or

• (b) any underground strata in their area from which the river authority are for the time being authorised to abstract water in pursuance of a licence granted or deemed to be granted under this Act,

and section 65 (3) of this Act shall have effect accordingly.

• (2) Subsection (2) (except the proviso to that subsection) and subsections (3) and (4) of section 22 of the Water Act 1945 (which subsections relate to works for protecting water against pollution) shall have effect in relation to river authorities as if—

• (a) references in those subsections to statutory water undertakers were references to river authorities;

• (b) in subsection (2) the reference to water which belongs to the undertakers or which they are for the time being authorised to take were a reference to such water as is mentioned in subsection (1) of this section; and

• (c) in subsection (3) the reference to the limits of supply of the undertakers were a reference to the area of the river authority.

• (3) In this section " land " includes any interest in or right over land; and section 65 (4) of this Act shall apply for the purposes of the Acquisition of Land (Authorisation Procedure) Act 1946 as that Act has effect in accordance with subsection (1) of this section.

General powers in relation to land and works

69

• (1) Without prejudice to any other powers conferred on them by or under this or any other Act, a river authority shall (subject to the provisions of section 71 of this Act) have power to carry out such engineering or building operations as they consider necessary or expedient for the purposes of any of their functions.

• (2) The powers conferred on a river authority by the preceding subsection shall (without prejudice to the generality of that subsection) include power to provide housing accommodation for persons employed by the authority; and the provision of such accommodation is accordingly included among the purposes for which a river authority may exercise their powers under sections 65 and 66 of this Act.

• (3) For the purposes of anything done or to be done by river authorities in the performance of their new functions, sections 9. 12 to 17, 19, 20, 22, 28, 67 and 68 of Schedule 3 to the Water Act 1945 (which relate to the execution of works by statutory water undertakers) shall have effect in relation to river authorities subject to the modifications specified in Schedule 9 to this Act.

• (4) Section 61 of the Land Drainage Act 1930 shall have effect, in relation to any provisions of the Water Act 1945 as applied by the last preceding subsection, as it has effect in relation to any enactment contained in the said Act of 1930.

Powers to dispose of land

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• (1) Subject to the provisions of this section, a river authority may sell, exchange or let any land vested in them which is not required for the purposes of any of their functions.

• (2) A river authority shall not, except with the consent of the appropriate Minister or Ministers, sell, exchange or let any land which was compulsorily acquired by the river authority or was acquired by the river authority by agreement at a time when they were authorised by or under this Act to acquire it compulsorily.

• (3) A river authority shall not, except with the consent of the appropriate Minister or Ministers, sell, exchange or let any land for a price, consideration or rent less than the best price, best consideration or best rent (as the case may be) that can reasonably be obtained, having regard to any restrictions or conditions (including conditions as to payment or the giving of security for payment) subject to which the land is sold, exchanged or let.

• (4) On any application by a river authority of capital money received by them in respect of land sold, exchanged or let by the authority, such adjustment shall be made in the accounts of the authority as may be requisite in the circumstances.

• (5) Where a river authority are entitled to an interest in or right over land, other than the fee simple or a tenancy thereof, the river authority shall have power, with the consent of the appropriate Minister or Ministers, to dispose of that interest or right for any purpose by way of sale, exchange or lease (in so far as any such mode of disposition is applicable to the interest or right in question) or by way of releasing it, or suspending the operation or exercise thereof, wholly or in part, as the river authority may think fit.

Supplementary provisions as to powers in relation to land and works

71

• (1) The provisions of this Act imposing duties or conferring powers on river authorities, other than—

• (a) sections 65 to 68 and 69 (3) of this Act, and

• (b) the provisions of Part X of this Act as to rights of entry and inspection,

shall not be construed as authorising, on the part of a river authority, any act or omission which, apart from the provisions imposing those duties or conferring those powers, would be actionable at the suit of any person on any grounds other than a limitation imposed by law on the capacity of the river authority by virtue of its constitution.

• (2) Where a river authority propose to construct or alter any inland water in an internal drainage district, or to construct or alter any works situated on or in such an inland water, otherwise than in the exercise of any compulsory powers exercisable by the authority, the authority shall consult the internal drainage board for that district:

Provided that this subsection does not apply to an inland water which forms part of the main river for the purposes of the Land Drainage Act 1930.

• (3) Where, on an application under section 47 of this Act, the Minister—

• (a) determines that the licence to which the application relates shall not be revoked or varied, and

• (b) grants a certificate under subsection (8) of that section,

and notice to treat for the acquisition of the fishing rights to which the application related, or of an interest in land in which those rights are included, has been served by the river authority within the period of six months from the date on which that certificate is granted, then, for the purpose of assessing compensation in respect of any compulsory acquisition in pursuance of that notice to treat, no account shall be taken of any depreciation of the value of the fishing rights, or of the interest in question, which is applicable to the operation, in relation to that licence, of section 31 (1) of this Act.

Subsection (11) of section 47 of this Act shall apply for the purposes of this subsection as it applies for the purposes of that section.

• (4) Without prejudice to the operation, in relation to any statutory provision contained in or made or issued under this Act, of section 41 of the Town and Country Planning Act 1962 (whereby planning permission may be deemed to be granted in certain cases), nothing in this Act shall be construed as authorising any development (within the meaning of that Act) to be carried out without the grant of planning permission where such permission is required by that Act.

• (5) For the avoidance of doubt it is hereby declared that, in the Acquisition of Land (Authorisation Procedure) Act 1946, and in the Town and Country Planning Act 1962, "local authority " includes a river authority.

• (6) The preceding provisions of this Part of this Act shall have effect without prejudice to the exercise by river authorities of any power conferred by the Salmon and Freshwater Fisheries Act 1923 or by section 76 of the Land Drainage Act 1930 (which relates to the acquisition of accretions of land resulting from drainage works and land required in connection therewith).

PART VII — Additional Functions of River Authorities

Control of discharges into underground strata

72

• (1) Subject to the provisions of the next following section, it shall not be lawful after the end of the initial period, by means of any well, borehole or pipe, to discharge into any underground strata within a river authority area—

• (a) any trade effluent or sewage effluent, or

• (b) any poisonous, noxious or polluting matter not falling within the preceding paragraph,

except with the consent of the river authority, which consent shall not be unreasonably withheld, and subject to any conditions imposed by the river authority in accordance with the next following subsection.

• (2) On an application for consent under this section the river authority, if they grant consent, may grant it ether unconditionally or subject to such conditions as they may reasonably impose as to any one or more of the following matters, that is to say—

• (a) the nature, composition and volume of the effluent or other matter to be discharged;

• (b) the strata into which it may be discharged;

• (c) measures to be taken for protecting water contained in other underground strata through which any well, borehole or pipe containing the effluent or other matter will pass;

• (d) the provision of facilities for inspection, including the provision, maintenance and use of observation wells and boreholes.

• (3) Where an application is made to a river authority for consent under this section, and the authority ether—

• (a) refuse consent, or

• (b) grant it subject to conditions,

the applicant, if he is aggrieved by their decision, may, by notice in writing under this subsection, appeal against it to the Minister.

• (4) If, within the period of three months beginning with the date on which an application is made to a river authority for consent under this section or within such extended period as may at any time be agreed upon in writing between the applicant and the river authority, the river authority do not give notice to the applicant of their decision on the application, the authority shall be treated for the purposes of this section as having refused consent.

• (5) Any notice under subsection (3) of this section shall be served within such time and in such manner as may be prescribed by regulations under this Act:

Provided that the time so prescribed shall not be less than twenty-eight days from the date on which the applicant is notified by the river authority of the decision to which the notice relates, or, in a case falling within the last preceding subsection, from the end of the period after which the river authority are to be treated as having refused consent on his application.

• (6) On any appeal to the Minister under this section, the Minister may allow or dismiss the appeal or may reverse or vary any part of the decision of the river authority, and may deal with the application as if it had been made to him in the first instance.

• (7) Subsections (5) and (6) of section 39, and section 54 (2), of this Act shall apply (with the necessary modifications) to appeals under this section as they apply to appeals under Part IV of this Act.

• (8) Any person who contravenes subsection (1) of this section, or (in circumstances not constituting such a contravention) does not comply with a condition subject to which a consent granted under this section for the time being has effect, shall be guilty of an offence and shall be liable, on conviction on indictment or on summary conviction, to a fine :

Provided that an offence under this section shall not be punishable on summary conviction by a fine exceeding one hundred pounds.

• (9) In this section " trade effluent" and " sewage effluent " have the same meanings as in the Rivers (Prevention of Pollution) Act 1951.

Transitional exemption of discharges from control

73

• (1) Subsection (1) of the last preceding section shall not apply to any discharge of an effluent or other matter which is made in the circumstances specified in the next following subsection.

• (2) The said circumstances are—

• (a) that the person discharging the effluent or other matter has, on one occasion at least within the period of twelve months ending with the second appointed day, discharged matter of the same nature or composition into the same underground strata by the same means ;

• (b) that he has, during the initial period, applied to the river authority for consent under the last preceding section to discharge matter of that nature or composition into those underground strata by those means, and that the discharge in question occurs on a day before the application has been disposed of; and

• (c) that the aggregate volume of matter of the nature or composition in question which is discharged by that person into those underground strata during the whole of that day does not exceed the greatest volume of matter of that nature or composition which was discharged by him into those strata on any one day within the period referred to in paragraph (a) of this subsection.

• (3) Section 56 (7) of this Act shall apply for the purposes of this section as it applies for the purposes of that section, subject to the necessary modifications and, in particular, with the substitution, for the reference to section 40 of this Act, of a reference to subsection (4) of the last preceding section.

Revocation or variation of consent under s. 72

74

• (1) Where a river authority have granted consent under section 72 of this Act in respect of any discharge, they may at any time by notice in writing to the person to whom the consent was granted revoke or vary the consent, ether on the application of that person or without any such application.

• (2) Any person aggrieved by the revocation or variation of a consent granted to him under that section, or, where he has applied to the river authority for the variation of any consent so granted, by the refusal of the authority to vary the consent in accordance with the terms of his application, may by notice under this subsection appeal to the Minister against the revocation, variation or refusal, as the case may be.

• (3) If, within the period of three months beginning with the date on which an application is made to a river authority for the variation of any such consent or within such extended period as may at any time be agreed upon in writing between the applicant and the river authority, the river authority do not give notice to the applicant of their decision on the application, the authority shall be treated for the purposes of this section as having refused to vary the consent in accordance with the terms of the application.

• (4) Any notice under subsection (2) of this section shall be served within such time and in such manner as may be prescribed by regulations under this Act:

Provided that the time so prescribed shall not be less than twenty-eight days from the date on which notice of the revocation, variation or refusal to which the first-mentioned notice relates is given by the river authority to the person to whom the consent in question was granted, or, in a case falling within the last preceding subsection, from the end of the period after which the river authority are to be treated as having refused to vary the consent in question in accordance with the terms of that person's application.

• (5) On any appeal to the Minister under this section the Minister may allow or dismiss the appeal or, in the case of an appeal against a variation, may, with the consent of the person to whom the consent was granted, determine that it shall be varied in a way different from that specified in the notice under subsection (1) of this section.

• (6) Subsections (5) and (6) of section 39, and section 54 (2), of this Act shall apply (with the necessary modifications) to appeals under this section as they apply to appeals under Part IV of this Act.

Register of consents under s. 72

75

• (1) Every river authority shall keep, in such manner as may be prescribed, a register containing such particulars as may be prescribed of consents granted by them under section 72 of this Act which are for the time being in force; and so much of the register as relates to any such consent shall, in favour of a person charged with an offence under that section, be conclusive as to the terms of the consent as it has effect for the time being, including the conditions subject to which it so has effect.

• (2) Every register kept under this section shall be available for inspection by the public at all reasonable hours.

Emergency measures in case of pollution of waters

76

• (1) Where it appears to a river authority that any poisonous, noxious or polluting matter is present in an inland water in the area of the river authority, and has entered that inland water in consequence of an accident or other unforeseen act or event, the river authority, subject to the following provisions of this section, may carry out such operations as the authority consider necessary or expedient for ether or both of the following purposes, that is to say—

• (a) removing that matter from the inland water, and disposing of it in such manner as the authority consider appropriate, and

• (b) remedying or mitigating any pollution caused by its presence in the inland water.

• (2) The power conferred by the preceding subsection does not include power to construct any works, other than works of a temporary character which are removed on or before the completion of the operations.

• (3) Section 3(5) of this Act shall apply in relation to the powers conferred by this section as if they had been included among the functions of river boards transferred to river authorities by section 5 of this Act; and those powers shall be included among the transferred functions of river authorities accordingly.

• (4) In section 135(2)(a) of this Act the reference to functions relating to river pollution includes the powers conferred by this section.

• (5) Nothing in this section shall be construed as derogating from any duty of a river authority to enforce the provisions of the Rivers (Prevention of Pollution) Acts 1951 to 1961 in their area.

Special measures for securing proper use of water resources

77

• (1) Any reference in this Act to action for the purpose of securing the proper use of water resources shall (without prejudice to the generality thereof) be taken to include action of any description to which this section applies for the purpose of rendering the quality of the water contained in an inland water more suitable for a particular use for which the water is required.

• (2) This section applies to the making and (on the part of the river authority) the performance of an agreement between a river authority and a sewerage authority whereby, in consideration of payments to be made by the river authority, the sewerage authority will secure the removal to a different point, or other alteration, of an outlet from which sewage effluent (within the meaning of the Rivers (Prevention of Pollution) Act 1951) is discharged by the sewerage authority into an inland water in the area of the river authority.

• (3) This section also applies to the carrying out by a river authority of any operations, other than engineering or building operations which are excepted from this subsection by directions given by the Minister, ether to river authorities generally or to a particular river authority.

Borings not requiring licences under Part IV

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• (1) Where, at any time after the end of the initial period, a person proposes to construct in a river authority area a well, borehole or other work which is to be used solely for the purpose of abstracting, to the extent necessary to prevent interference with the execution or operation of any underground works, water contained in underground strata, or proposes to extend any such well, borehole or other work, he shall, before he begins to construct or extend the work, give to the river authority a notice of his intention in the prescribed form.

• (2) Where, after the end of the initial period, a person proposes to construct or extend a boring in a river authority area for the purpose of searching for or extracting minerals, he shall, before he begins to construct or extend the boring, give to the river authority a notice of his intention in the prescribed form.

• (3) A river authority, to whom a notice is given by any person in pursuance of ether of the preceding subsections, may by notice in writing to that person (in this section referred to as a " conservation notice ") require him, in connection with the construction, extension or use of the work to which the first-mentioned notice relates, to take such reasonable measures for conserving water as are specified in the conservation notice, being measures which, in the opinion of the river authority, will not interfere with the protection of the underground works in question or, as the case may be, with the winning of minerals.

• (4) The person on whom a conservation notice is served may, by notice in writing to the Minister, appeal to the Minister against the conservation notice on ether or both of the following grounds, that is to say—

• (a) that the measures required by the conservation notice are not reasonable, and

• (b) that those measures would interfere with the protection of the underground works in question or with the winning of minerals, as the case may be ;

and on any such appeal the Minister may confirm, quash or vary the conservation notice as the Minister may consider appropriate.

• (5) Any notice under the last preceding subsection shall be served within such time (not being less than twenty-eight days from the date of service of the conservation notice) and in such manner as may be prescribed by regulations under this Act.

• (6) The decision of the Minister on any appeal under this section shall be final; and section 39(5) of this Act (with the substitution, for references to the applicant, of references to the appellant) and section 54 (2) of this Act shall apply to appeals under this section as they apply to appeals under Part IV of this Act.

• (7) Any person who contravenes subsection (1) or subsection (2) of this section, or fails to comply with a conservation notice, shall be guilty of an offence and shall, on conviction on indictment or on summary conviction, be liable to a fine:

Provided that an offence under this section shall not be punishable on summary conviction by a fine exceeding one hundred pounds.

Byelaws for protection of water resources

79

• (1) Section 18 of the Water Act 1945 (which empowers statutory water undertakers to make byelaws for the purpose of protecting water against pollution) shall have effect for enabling byelaws to be made under that section by river authorities.

• (2) For the purposes of the application of that section by virtue of the preceding subsection—

• (a) any reference to statutory water undertakers shall be construed as a reference to a river authority, and any reference to the undertakers shall be construed as a reference to the river authority by whom the byelaws are made;

• (b) the reference in subsection (1) of that section to water which belongs to statutory water undertakers or which they are for the time being authorised to take shall be construed as a reference to any such water as is mentioned in section 68 (1) of this Act; and

• (c) in subsection (5) the words " and subsection (2) of the next but one following section of this Act" shall be omitted.

• (3) Subject to the next following subsection, where it appears to a river authority to be necessary or expedient to do so for the purposes of their new functions or of their functions relating to land drainage or to fisheries, the river authority may make byelaws prohibiting such inland waters in their area as may be specified in the byelaws from being used for boating (whether with mechanically propelled boats or otherwise) swimming or other recreational purposes, or regulating the way in which any such inland waters so specified may be used for any of those purposes.

• (4) Byelaws made by a river authority under the last preceding subsection shall not apply to—

• (a) any tidal waters ;

• (b) any inland water in relation to which functions are exercisable by a navigation authority, harbour authority or conservancy authority other than the river authority;

• (c) any inland water falling within section 2 (3) of this Act; or

• (d) any reservoir belonging to, and operated by, statutory water undertakers and not falling within the said section 2 (3).

• (5) Subsection (3) of this section shall have effect without prejudice to the exercise of any power conferred on river authorities by virtue of subsection (1) of this section or by virtue of any enactment not contained in this Act.

• (6) Byelaws made in respect of any inland water by virtue of subsection (3) of this section may include provision prohibiting the use of the inland water by boats which are not for the time being registered with the river authority in such manner as the byelaws may provide ; and the byelaws may authorise the river authority to make reasonable charges in respect of the registration of boats in pursuance of the byelaws.

• (7) No byelaw made by virtue of section 18 of the Water Act 1945 as applied by subsection (1) of this section shall conflict or interfere with the operation of any byelaw made by a navigation authority, harbour authority or conservancy authority.

• (8) If any person contravenes, or fails to comply with, any byelaws made by virtue of this section (including any byelaws made by virtue of the said section 18 as applied by this section) he shall be guilty of an offence and liable on summary conviction to a fine not exceeding twenty pounds ; and if the contravention or failure to comply is continued after the conviction, he shall be guilty of a further offence and liable on summary conviction to a fine not exceeding five pounds for each day on which it is so continued.

• (9) Without prejudice to any proceedings under the last preceding subsection, a river authority may take such action as they consider necessary Ito remedy the effect of any contravention of, or failure to comply with, byelaws made by them as mentioned in that subsection, and may recover the expenses reasonably incurred by them in doing so from the person in default.

Provision of recreational facilities at reservoirs and other inland waters

80

• (1) Subject to subsection (5) of this section, a river authority may, if it appears to them reasonable to do so.—

• (a) permit the use by members of the public, for the purposes of any form of recreation which the river authority consider appropriate, of any reservoir owned or managed by the river authority ;

• (b) provide, or otherwise make available, facilities for use by persons resorting to any such reservoir for the purposes of any such form of recreation.

• (2) Subject to subsection (6) of this section, where the use for the purposes of any form of recreation of an inland water (not being a reservoir to which the preceding subsection applies) is for the time being regulated by byelaws made by a river authority by virtue of subsection (3) of the last preceding section, the river authority may provide, or otherwise make available, facilities for use by persons resorting to that inland water for the purposes of that form of recreation.

• (3) A river authority may, if they think fit, make such reasonable charges as they may determine in respect of the use of any reservoir for the purposes of recreation, and of any facilities made available by the authority under ether of the preceding subsections.

• (4) A river authority may let to any person, for such consideration and on such terms and conditions as they think fit, any works constructed by them for the purpose of providing facilities under subsection (1) or subsection (2) of this section, and may authorise that person to make such reasonable charges as the authority may determine in respect of the use thereof as mentioned in that subsection.

• (5) The powers of a river authority under subsection (1) of this section shall, in the case of a reservoir which the authority manage but do not own, be exercisable only with the consent of the owners of the reservoir.

• (6) The expenditure incurred by a river authority in connection with the exercise of the powers conferred on them by subsection (2) of this section shall be limited so that, taking one year with another, it will not exceed the aggregate of—

• (a) the amounts received by the authority in respect of the use of facilities made available under that subsection, or the letting of works constructed for the purpose of providing facilities under that subsection, and

• (b) the amounts so received by way of charges required by any byelaw made by virtue of subsection (3) (as extended by subsection (6)) of the last preceding section to be paid for the registration of boats for use on an inland water to which subsection (2) of this section applies.

Agreements for facilitating performance of functions of river authorities

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• (1) A river authority may, subject to the next following subsection, enter into an agreement with any statutory water undertakers, with any local authority, or with the owner or occupier of any land, with respect to any one or more of the following matters, that is to say—

• (a) the execution by any party to the agreement of works within the river authority area which the river authority consider necessary or expedient in connection with the performance of their new functions;

• (b) the maintenance by any party to the agreement of works executed in pursuance of the agreement;

• (c) provision for the river authority to use, or have access to, any land within their area for any purpose connected with the performance of their new functions;

• (d) the manner in which any reservoir in the river authority area is to be operated.

• (2) The Minister may, by a direction given ether to a particular river authority or to river authorities generally, direct that, in such cases or classes of cases as are specified in the direction, the authority or authorities to whom the direction is given shall not enter into any agreement under this section except with the consent of the Minister and after prior consultation with the Water Resources Board.

• (3) An agreement under this section may contain such incidental and consequential provisions (including provisions of a financial character) as appear to the river authority necessary or expedient for the purposes of the agreement.

• (4) Where an agreement is made under this section with an owner of land, other than registered land, and the agreement provides that the provisions of this subsection shall have effect in relation thereto.—

• (a) the agreement may be registered as a land charge under section 10 of the Land Charges Act 1925, as if it were a charge affecting land falling within paragraph (iii) of Class D, and the provisions of section 13 of that Act (which relates to the effect of non-registration) shall apply as if it were such a land charge, and

• (b) subject to the provisions of section 13 of that Act, the agreement shall be binding upon any person deriving title or otherwise claiming under that owner (otherwise than in right of an interest or charge to which the interest of the owner was subject immediately before the agreement was made) to the same extent as it is binding upon that owner, notwithstanding that it would not have been binding upon that person apart from the provisions of this paragraph.

• (5) Where an agreement under this section is made with an owner of land which is registered land, and the agreement provides that the provisions of this subsection shall have effect in relation thereto.—

• (a) notice of the agreement may be registered under section 59 (2) of the Land Registration Act 1925 as if it were a land charge (other than a local land charge) within the meaning of that Act, and the provisions of that Act shall apply accordingly as if it were such a land charge, and