Water Resources Act 1991

Part I — PRELIMINARY

CHAPTER I — THE NATIONAL RIVERS AUTHORITY

Enforcement: powers and duties.

1

The Authority’s functions

2

Incidental functions of the Authority

3

Incidental general powers of the Authority

4

Ministerial directions to the Authority

5

CHAPTER II — COMMITTEES WITH FUNCTIONS IN RELATION TO THE AUTHORITY

Advisory committees

The advisory committee for Wales

6

Regional rivers advisory committees

7

Regional and local fisheries advisory committees

8

Flood defence committees

Continuance of regional flood defence committees

9

Composition of regional flood defence committees

10

Change of composition of regional flood defence committee

11

Local flood defence schemes and local flood defence committees

12

Composition of local flood defence committees

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Membership and proceedings of flood defence committees

14

CHAPTER III — GENERAL DUTIES

General duties with respect to the water industry

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• (1) It shall be the duty of the Agency and the NRBW, in exercising any of their powers under any enactment, to have particular regard to the duties imposed, by virtue of the provisions of Parts II to IV of the Water Industry Act 1991, on any water undertaker or sewerage undertaker which appears to the Agency or the NRBW, as the case may be, to be or to be likely to be affected by the exercise of the power in question.

• (2) It shall be the duty of each of the Ministers, in exercising—

• (a) any power conferred by virtue of the 1995 Act,this Act, the Land Drainage Act 1991, the Water Industry Act 1991, the Water Act 1989 or the Natural Resources Body for Wales (Establishment) Order 2012 (S.I.2012/1903) in relation to, or to decisions of, the Agency or the NRBW; or

• (b) any power which, but for any direction given by one of the Ministers, would fall to be exercised by the Agency or the NRBW,

to take into account the duty imposed on the Agency and the NRBW by subsection (1) above.

General environmental and recreational duties

16

Environmental duties with respect to sites of special interest

17

Codes of practice with respect to environmental and recreational duties

18

Part II — Water Resources Management

CHAPTER I — General Management Functions

General management of resources by the Authority

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• (1) It shall be the duty of the Agency to take all such action as it may from time to time consider, in accordance (if any have been given for the purposes of this section) with the directions of the Secretary of State, to be necessary or expedient for the purpose—

• (a) of conserving, redistributing or otherwise augmenting water resources in England and Wales; and

• (b) of securing the proper use of water resources in England and Wales.

• (2) Nothing in this section shall be construed as relieving any water undertaker of the obligation to develop water resources for the purpose of performing any duty imposed on it by virtue of section 37 of the Water Industry Act 1991 (general duty to maintain water supply system).

Water resources management schemes

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• (1) It shall be the duty of the appropriate agency so far as reasonably practicable to enter into and maintain such arrangements with water undertakers for securing the proper management or operation of—

• (a) the waters which are available to be used by water undertakers for the purposes of, or in connection with, the carrying out of their functions; and

• (b) any reservoirs, apparatus or other works which belong to, are operated by or are otherwise under the control of water undertakers for the purposes of, or in connection with, the carrying out of their functions,

as the appropriate agency from time to time considers appropriate for the purpose of carrying out its functions under section 6(2) or, as the case may be, section 6(2A) of the 1995 Act.

• (2) Without prejudice to the power of the appropriate agency and any water undertaker to include any such provision as may be agreed between them in arrangements under this section, such arrangements may—

• (a) make provision by virtue of subsection (1)(a) above with respect to the construction or installation of any reservoirs, apparatus or other works which will be used by the undertaker in the carrying out of its functions;

• (b) contain provision requiring payments to be made by the appropriate agency to the undertaker; and

• (c) require the reference to and determination by the Secretary of State or the Water Services Regulation Authority of questions arising under the arrangements.

• (3) The appropriate agency shall send a copy of any arrangements entered into by it under this section to the Secretary of State; and the obligations of a water undertaker by virtue of any such arrangements shall be enforceable under section 18 of the Water Industry Act 1991 (enforcement orders) by the Secretary of State.

Minimum acceptable flows

21

• (1) The appropriate agency may, if it thinks it appropriate to do so, submit a draft statement to the Secretary of State containing, in relation to any inland waters that are not discrete waters—

• (a) provision for determining the minimum acceptable flow for those waters; or

• (b) where any provision for determining such a flow is for the time being in force in relation to those waters, provision for amending that provision or for replacing it with different provision for determining the minimum acceptable flow for those waters.

• (2) The provision contained in any statement for determining the minimum acceptable flow for any inland waters shall, in relation to the inland waters to which it relates, set out—

• (a) the control points at which the flow in the waters is to be measured;

• (b) the method of measurement which is to be used at each control point; and

• (c) the flow which is to be the minimum acceptable flow at each control point or, where appropriate, the flows which are to be the minimum acceptable flows at each such point for the different times or periods specified in the statement.

• (3) Before preparing so much of any draft statement under this section as relates to any particular inland waters, the appropriate agency shall consult—

• (za) if those waters are in Wales and there are related inland waters in England, the Agency;

• (zb) if those waters are in England and there are related inland waters in Wales, the NRBW;

• (a) any water undertaker having the right to abstract water from those waters;

• (b) any other water undertaker having the right to abstract water from any related underground strata;

• (c) the drainage board for any internal drainage district from which water is discharged into those waters or in which any part of those waters is situated;

• (d) any navigation authority, harbour authorityor conservancy authority having functions in relation to those waters or any related inland waters;

• (e) if those waters are ... situated in Wales (or in an area of the sea adjoining either the coast of Wales or an area of sea forming part of Wales) and they or any related inland waters are tidal waters in relation to which there is no such navigation authority, harbour authority or conservancy authority, the Secretary of State for Transport; and

• (f) any person authorised by a licence under Part I of the Electricity Act 1989 to generate electricity who has a right to abstract water from those waters.

• (4) In determining the flow to be specified in relation to any inland waters under subsection (2)(c) above, the appropriate agency shall have regard—

• (a) to the flow of water in the inland waters from time to time;

• (b) in the light of its duties under sections 6(1), 7 and 8 of the 1995 Act, to the character of the inland waters and their surroundings; and

• (c) to any water quality objectives established under Chapter I of Part III of this Act in relation to the inland waters or any other inland waters which may be affected by the flow in the inland waters in question.

• (5) The flow specified in relation to any inland waters under subsection (2)(c) above shall be not less than the minimum which, in the opinion of the appropriate agency, is needed for safeguarding the public health and for meeting (in respect of both quantity and quality of water)—

• (a) the requirements of existing lawful uses of the inland waters, whether for agriculture, industry, water supply or other purposes; and

• (b) the requirements, in relation to both those waters and other inland waters whose flow may be affected by changes in the flow of those waters, of navigation, fisheries or land drainage.

• (6) The provisions of Schedule 5 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.

• (7) The approval under Schedule 5 to this Act of a draft statement under this section shall bring into force, on the date specified in that approval, so much of that statement, as approved, as contains provision for determining, amending or replacing the minimum acceptable flow for any inland waters.

• (8) For the purposes of subsection (3) above—

• (a) underground strata are related underground strata in relation to any inland waters if—

• (i) a water undertaker has a right to abstract water from the strata; and

• (ii) it appears to the appropriate agency, having regard to the extent to which the level of water in the strata depends on the flow of those waters, that the exercise of that right may be substantially affected by so much of the draft statement in question as relates to those waters;

• (b) inland waters are related inland waters in relation to any other inland waters, where it appears to the appropriate agency that changes in the flow of the other waters may affect the flow of the first-mentioned inland waters.

• (9) For the purposes of subsection (5) above the appropriate agency shall be entitled (but shall not be bound) to treat as lawful any existing use of any inland waters unless—

• (a) by a decision given in any legal proceedings, it has been held to be unlawful; and

• (b) that decision has not been quashed or reversed;

... .

• (10) In subsection (5) above, the reference to land drainage includes—

• (a) defence against water (including sea water), irrigation (other than spray irrigation), warping and the carrying on, for any purpose, of any other practice which involves management of the level of water in a watercourse; and

• (b) the provision of flood warning systems.

Directions to the Authority to consider minimum acceptable flow

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• (1) If the appropriate agency is directed by the Secretary of State to consider whether the minimum acceptable flow for any particular inland waters ought to be determined or reviewed, the appropriate agency shall consider that matter as soon as reasonably practicable after being directed to do so.

• (2) After considering any matter under subsection (1) above the appropriate agency shall submit to the Secretary of State with respect to the inland waters in question either—

• (a) such a draft statement as is mentioned in subsection (1) of section 21 above; or

• (b) a draft statement that no minimum acceptable flow ought to be determined for those waters or, as the case may require, that the minimum acceptable flow for those waters does not need to be changed.

and subsections (6) and (7) of that section shall apply in relation to a draft statement under this subsection as they apply in relation to a draft statement under that section.

• (3) Without prejudice to the generality of paragraph 4 of Schedule 5 to this Act, the power of the Secretary of State under that paragraph to alter a draft statement before approving it shall include power to substitute a statement containing or amending any such provision as is mentioned in subsection (2) of section 21 above for such a draft statement as is mentioned in subsection (2)(b) of this section.

Minimum acceptable level or volume of inland waters

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• (1) Where it appears to the appropriate agency, in the case of any particular inland waters, that it would be appropriate to measure the level or the volume (either instead of or in addition to the flow) the appropriate agency may determine that sections 21 and 22 above shall apply in relation to those inland waters as if any reference to the flow were or, as the case may be, included a reference to the level or to the volume.

• (2) Where the appropriate agency makes a determination under subsection (1) above with respect to any inland waters, any draft statement prepared for the purposes of section 21 or 22 above, in so far as it relates to those waters, shall state—

• (a) whether the level or the volume is to be measured; and

• (b) whether it is to be measured instead of, or in addition to, the flow.

• (3) Chapter II of this Part shall apply in relation to any inland waters with respect to which a determination has been made under subsection (1) above as if any reference in that Chapter to the flow were, or (as the case may be) included, a reference to the level or, as the case may be, the volume.

Chapter II — ABSTRACTION AND IMPOUNDING

Restrictions on abstraction and impounding

Restrictions on abstraction

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• (1) Subject to the following provisions of this Chapter and to any drought order or drought permit under Chapter III of this Part, no person shall—

• (a) abstract water from any source of supply; or

• (b) cause or permit any other person so to abstract any water,

except in pursuance of a licence under this Chapter granted by the appropriate agency and in accordance with the provisions of that licence.

• (2) Where by virtue of subsection (1) above the abstraction of water contained in any underground strata is prohibited except in pursuance of a licence under this Chapter, no person shall begin, or cause or permit any other person to begin—

• (a) to construct any well, borehole or other work by which water may be abstracted from those strata;

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

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

unless the conditions specified in subsection (3) below are satisfied.

• (3) The conditions mentioned in subsection (2) above are—

• (a) that the abstraction of the water or, as the case may be, of the additional quantities of water is authorised by a licence under this Chapter; and

• (b) that—

• (i) the well, borehole or work, as constructed or extended; or

• (ii) the machinery or apparatus, as installed or modified,

fulfils the requirements of that licence as to the means by which water is authorised to be abstracted.

• (4) A person shall be guilty of an offence if—

• (a) he contravenes subsection (1) or (2) above; or

• (b) he is for the purposes of this section the holder of a licence under this Chapter and, in circumstances not constituting such a contravention, does not comply with a condition or requirement imposed by the provisions, as for the time being in force, of that licence.

• (5) A person who is guilty of an offence under this section shall be liable on summary conviction, or on conviction on indictment, to a fine.

• (6) The restrictions imposed by this section shall have effect notwithstanding anything in any enactment contained in any Act passed before the passing of the Water Resources Act 1963 on 31st July 1963 or in any statutory provision made or issued, whether before or after the passing of that Act, by virtue of such an enactment.

Restrictions on impounding

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• (1) Subject to the following provisions of this Chapter and to any drought order or drought permit under Chapter 3 of this Part, no person shall—

• (a) begin, or cause or permit any other person to begin, to construct or alter any impounding works at any point in any inland waters which are not discrete waters; or

• (b) cause or permit the flow of any inland waters which are not discrete waters to be obstructed or impeded at any point by means of impounding works,

unless (in either case) the conditions mentioned in subsection (1A) below are satisfied.

• (1A) The conditions are—

• (a) a licence under this Chapter granted by the appropriate agency to obstruct or impede the flow of those inland waters at that point by means of impounding works is in force;

• (b) the impounding works will not (or, as the case may be, do not) obstruct or impede the flow of the inland waters except to the extent, and in the manner, authorised by the licence; and

• (c) any other conditions or requirements imposed by the provisions, as for the time being in force, of the licence (whether as to the provision of compensation water or otherwise) are complied with.

• (2) A person shall be guilty of an offence if—

• (a) he contravenes subsection (1) above; or

• (b) he is for the purposes of this section the holder of a licence under this Chapter and ... does not comply with a condition or requirement imposed by the provisions, as for the time being in force, of that licence.

• (3) A person who is guilty of an offence under this section shall be liable on summary conviction, or on conviction on indictment, to a fine.

• (4) Subject to subsection (5) below, the restrictions imposed by this section shall have effect notwithstanding anything in any enactment contained in any Act passed before the passing of the Water Resources Act 1963 on 31st July 1963 or in any statutory provision made or issued, whether before or after the passing of that Act, by virtue of such an enactment.

• (5) Subject to subsection (6) below, the restriction on impounding works shall not apply in respect of any impounding works, if—

• (a) the construction or alteration of those works; or

• (b) the obstruction or impeding of the flow of the inland waters resulting from the construction or alteration of the works,