Water Resources Act 1991

• (b) if notice of an appeal is so served, the appeal has been determined.

• (7) The Secretary of State—

• (a) may allow or dismiss the appeal, or vary any part of the decision of the appropriate agency, whether the appeal relates to that part of the decision or not; and

• (b) shall direct the appropriate agency to deal with the application, or applications, accordingly (which, if the appropriate agency's decision was made under paragraph (d) of subsection (1) above in relation to any such application, and that decision is upheld, may mean not publishing any notice under section 37 below, or taking any further step in connection with the application, until the application for revocation has been received).

• (8) Subsections (2) and (7) of section 44 below apply in relation to an appeal under this section as they apply in relation to an appeal under section 43 below.

• (9) This section is subject to section 114 of the 1995 Act (delegation or reference of appeals).

37A

The Secretary of State may by regulations make provision for—

• (a) enabling the appropriate agency; or

• (b) him, in the case of applications referred to him in accordance with section 41 below,

to direct or determine that the requirements of subsections (1) and (2) of section 37 above may in any case (except where the appropriate agency is the applicant) be dispensed with, if in that case it appears to the appropriate agency (or, as the case may be, the Secretary of State) to be appropriate to do so.

Transfer and apportionment of licences

59A

• (1) The following licences—

• (a) a full licence;

• (b) a transfer licence; or

• (c) a licence to obstruct or impede the flow of inland waters by means of impounding works,

may be transferred by the holder of the licence to another person (“the transferee”) in accordance with the following provisions of this section.

• (2) The holder and the proposed transferee shall give notice (a “transfer notice”) to the appropriate agency of their agreement that the licence should be transferred.

• (3) The transfer notice shall include—

• (a) such information as the appropriate agency reasonably requires; and

• (b) (in the case of the transfer of a full licence or of a transfer licence) a declaration by the proposed transferee that—

• (i) he has, or at the time when the proposed transfer is to take effect will have, a right of access in relation to each point of abstraction; and

• (ii) he will continue to have such a right for the period of at least one year beginning with the date on which the proposed transfer is to take effect, or until the licence is to expire (if sooner),

and may specify the date on which the holder and the transferee wish the transfer to take effect.

• (4) If the holder is a person in whom the licence has vested under section 59B below, a transfer notice shall be of no effect unless the notice required by section 59B(4) has been given.

• (5) Subject to subsection (4) above, if the appropriate agency receives a transfer notice which complies with the requirements of subsections (2) and (3) above, the appropriate agency shall amend the licence by substituting the name of the transferee as holder of the licence.

• (6) The transfer shall take effect—

• (a) from the date on which the appropriate agency amends the licence; or

• (b) from the date specified in the transfer notice, if later.

• (7) Nothing in this section shall affect the liability of the holder of the licence for any failure by him, before the transfer took effect, to comply with any condition or requirement of that licence.

• (8) In this section—

• “point of abstraction” means a place where the licence authorises water to be abstracted from inland waters or (as the case may be) a place consisting of or comprising underground strata from which the licence authorises water to be abstracted; and

• “right of access” means, in relation to a point of abstraction, a right of access to land of the kind referred to in subsection (2)(a) or, as the case may be, (3)(a) of section 35 above; and references to a person who will have such a right of access shall be construed in accordance with that section (including subsections (4) to (6)).

59B

• (1) On the death of the holder of a licence under this Chapter, the licence shall be regarded as property forming part of the deceased’s personal estate, whether or not it would be so regarded apart from this subsection, and shall accordingly vest in his personal representatives.

• (2) If a bankruptcy order is made against the holder of a licence under this Chapter, the licence shall be regarded for the purposes of any of the Second Group of Parts of the Insolvency Act 1986 (insolvency of individuals; bankruptcy) as property forming part of the bankrupt’s estate, whether or not it would be so regarded apart from this subsection, and shall accordingly vest as such in the trustee in bankruptcy.

• (3) A person in whom a licence vests under this section shall become the holder of the licence, in place of the prior holder, from the date of the vesting.

• (4) Where a licence other than a temporary licence vests in any person under this section, that person shall give notice of that fact to the appropriate agency not later than the end of the period of fifteen months beginning with the date of the vesting.

• (5) If—

• (a) a licence vests in any person under this section; but

• (b) that person fails to give the notice required by subsection (4) above within the period mentioned there,

the licence shall cease to have effect.

59C

• (1) The holder of a full licence or of a transfer licence (the “old licence”) may apply to the appropriate agency for the division of the holder’s right to abstract water in accordance with the old licence and for the transfer—

• (a) to another person of part, or to a number of other persons of parts not amounting to the whole; or

• (b) to a number of other persons of parts amounting in all to the whole,

of that right.

• (2) The holder of the old licence and any person proposing to carry on a part of the abstraction authorised by the old licence in place of the holder (a “successor”) shall give notice to the appropriate agency of their agreement to the division and transfer (an “apportionment notice”).

• (3) The apportionment notice shall, in relation to the abstraction authorised by the old licence—

• (a) specify, for each proposed successor, what quantity of water he proposes to abstract, and (if the holder of the old licence is to continue the abstraction in part) what quantity of water he proposes to abstract;

• (b) specify the purpose or purposes for which those persons referred to in paragraph (a) above who would require a new licence granted under subsection (5) below would abstract water (being one or more of the purposes for which abstraction is authorised under the old licence);

• (c) specify the point (or points) of abstraction from which it is proposed that the persons referred to in paragraph (a) above would abstract water (being one or more of the points from which abstraction is authorised under the old licence);

• (d) include a declaration by each of those persons who requires a licence under this Chapter in order to carry on the abstraction that—

• (i) he has, or at the time when the proposed grant to him of a new licence under subsection (5) below is to take effect will have, a right of access in relation to each such point of abstraction; and

• (ii) he will continue to have such a right for the period of at least one year beginning with the date on which the new licence is to take effect, or until it is to expire (if sooner); and

• (e) include such other information as the appropriate agency reasonably requires,

and may specify the date on which the holder and the successor (or successors) wish the division and transfer (or transfers) to take effect.

• (4) The apportionment notice shall be accompanied by an application on the part of the holder of the old licence for its revocation.

• (5) Subject to subsection (9) below, if the appropriate agency receives an apportionment notice and the application for revocation referred to in subsection (4) above, the appropriate agency shall—

• (a) revoke the old licence;

• (b) if the holder is to continue the abstraction in part and a licence is required under this Chapter for that purpose, grant to the holder of the old licence a licence relating to that part of the abstraction; and

• (c) grant to each successor who requires a licence under this Chapter in order to carry on his part of the abstraction a licence relating to that part of the abstraction.

• (6) Sections 34 to 45 above shall not apply to the grant of a new licence under subsection (5) above.

• (7) Subject to section 46 above and to any provision of regulations made under section 59D(1) below, each new licence to be granted under subsection (5) above shall be granted subject to provisions which correspond as nearly as practicable to those of the old licence in relation to the part of the abstraction to be authorised by the new licence.

• (8) The revocation of the old licence and the grant of the new licences shall take effect—

• (a) from the date on which the appropriate agency revokes the old licence and grants the new ones; or

• (b) from the date specified in the apportionment notice, if later.

• (9) The appropriate agency shall not grant a new licence to the holder of the old licence or to a successor if, by virtue of an exemption, the restriction on abstraction would not apply to that part of the abstraction proposed in relation to him in the apportionment notice.

• (10) For the purposes of this Chapter, a person (whether the holder of the old licence or a successor) who proposes to carry on a part of the abstraction in the circumstances mentioned in subsection (9) above shall, if the old licence was a full licence, be taken to have the right to do so in relation to that part, subject to subsection (11) below.

• (11) For the purposes of this Chapter, a person shall cease to be taken to have a right, by virtue of subsection (10) above, to carry on an abstraction if—

• (a) during a period mentioned in subsection (12) below that person does not carry out any such abstraction; or

• (b) following an order under section 27A(1) above or regulations under section 33A above, that person is granted a full licence in respect of abstraction from the same point.

• (12) The period referred to in subsection (11)(a) above is—

• (a) four years; or

• (b) if the abstractions authorised under the old licence were abstractions planned to be carried out at intervals of more than four years, or abstractions for emergency purposes only, such longer period as the appropriate agency may determine on the application of the person in question.

• (13) For the purposes of section 39A above, a new licence granted under subsection (5) above shall be treated—

• (a) as if it had been granted at the time the old licence was granted; and

• (b) as if it and any other new licence granted by virtue of the relevant apportionment notice had been granted in place of the old licence.

• (14) In this section—

• “exemption” means the disapplication of the restriction on abstraction under or by virtue of section 27 or 33A above; and

• “point of abstraction” and “right of access” have the same meanings as in section 59A above.

59D

• (1) The Secretary of State may make regulations about the provisions to be contained in licences granted under section 59C above.

• (2) Nothing in section 59C above shall affect the liability of the holder of the old licence for any failure by him, before the revocation of that licence took effect, to comply with any condition or requirement of that licence.

• (3) If the holder of the old licence is a person in whom the old licence has vested under section 59B above, an apportionment notice shall be of no effect unless the notice required by section 59B(4) has been given.

• (4) In this section, “apportionment notice” and “old licence” have the same meanings as in section 59C above.

Power to impose general conditions with respect to licensed activity by water companies

Provisions and duration of ordinary drought order.

Prohibition of certain discharges by notice or regulations.

199A

• (1) The person on whom a notice under section 199(2) above (“a conservation notice”) is served may, by notice to the Secretary of State, appeal to him against the conservation notice on either or both of the following grounds, that is to say—

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

• (b) that those measures would interfere with the winning of minerals.

• (2) Any notice of appeal against a conservation notice shall be served within such period (not being less than twenty-eight days from the date of service of the conservation notice) and in such manner as may be prescribed.

• (3) Before determining an appeal against a conservation notice, the Secretary of State may, if he thinks fit—

• (a) cause a local inquiry to be held; or

• (b) afford to the appellant and the appropriate agency an opportunity of appearing before, and being heard by, a person appointed by the Secretary of State for the purpose;

and the Secretary of State shall act as mentioned in paragraph (a) or (b) above if a request is made by the appellant or the appropriate agency to be heard with respect to an appeal.

• (4) On an appeal against a conservation notice the Secretary of State may confirm, quash or vary the notice as he may consider appropriate.

• (5) The decision of the Secretary of State on any appeal against a conservation notice shall be final.

• (6) The Secretary of State may by regulations make provision as to the manner in which appeals against conservation notices are to be dealt with, including provision requiring the giving of notices of, and information relating to, the making of such appeals or decisions on any such appeals.

• (7) Section 69 above applies to a decision of the Secretary of State on any appeal to him under this section as it applies to a decision of his on an appeal to him under Chapter 2 of Part 2, taking the reference in subsection (2)(b) of that section to that Chapter as a reference to this section.

• (8) This section is subject to section 114 of the 1995 Act (delegation or reference of appeals).

Any Minister of the Crown.

Obligation to carry out flood defence functions through committees.

Fisheries orders.

Provisions and duration of ordinary drought order.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Other works and operations in respect of harm to controlled waters

Works and operations for improving controlled waters

Sections 161 to 161ZB: supplementary

The Office of Fair Trading.

Any Minister of the Crown.

Notices requiring persons to carry out works and operations

The Office of Fair Trading.

Works notices: form etc

Any Minister of the Crown.

161ZA

• (1) This section applies where it appears to the appropriate agency that any controlled waters are being or have been harmed, or are likely to be harmed, by any event, process or other source of potential harm (and it is immaterial whether the source of potential harm has been identified).

• (2) In this section “harm” means any adverse impact on the condition of any hydromorphological quality element affecting the controlled waters that would be likely to prevent the achievement of the environmental objectives applicable to the controlled waters (whether by itself or in combination with other factors), other than an adverse impact caused by the entry into or presence in those waters of any poisonous, noxious or polluting matter or waste matter.

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) The appropriate agency shall be entitled to carry out works and operations for any of the following purposes (so far as it is reasonably practicable to achieve them)—

• (a) removing the source of potential harm;

• (b) preventing any harm or further harm being caused to the controlled waters;

• (c) in a case where the controlled waters are being or have been harmed—

• (i) remedying or mitigating the effects of the harm;

• (ii) restoring the waters, including any flora and fauna dependent on the aquatic environment of the waters, to their state immediately before any harm was caused.

• (5) The appropriate agency shall be entitled to carry out investigations for the purpose of establishing any of the following—

• (a) the source of any harm or potential harm to the controlled waters;

• (b) the nature and effects of any harm caused or likely to be caused to those waters; and

• (c) the identity of any responsible persons.

• (6) Without prejudice to the power of the appropriate agency to carry out those investigations, the powers conferred by subsection (4) shall only be exercisable in a case where—

• (a) the appropriate agency considers it necessary to carry out forthwith any works or operations falling within that subsection; or

• (b) it appears to the appropriate agency , after reasonable enquiry, that no responsible person can be found on whom to serve a works notice.

• (7) In this section “responsible person” means a person who has caused or knowingly permitted—

• (a) any harm to be caused to the controlled waters; or

• (b) a source of potential harm to exist that is likely, in the opinion of the appropriate agency, to cause harm to the controlled waters.

161ZB

• (1) This section applies where it appears to the appropriate agency that—

• (a) the condition of any hydromorphological quality element affecting any controlled waters is unsatisfactory; and

• (b) it is possible to improve the hydromorphological quality element by carrying out works or operations.

• (2) For the purposes of this section the condition of a hydromorphological quality element affecting the controlled waters is unsatisfactory if (whether by itself or in combination with other factors) if it is likely to prevent the waters from achieving the applicable environmental objectives.

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) The appropriate agency shall be entitled to carry out works and operations for the purpose of improving the condition of the hydromorphological quality element in question with a view to achieving (or contributing to the achievement of) the applicable environmental objectives.

• (5) The appropriate agency shall be entitled to carry out investigations for the purpose of establishing why the condition of the hydromorphological quality element in question is unsatisfactory.

• (6) Without prejudice to the power of the appropriate agency to carry out those investigations, the powers conferred by subsection (4) shall only be exercisable if it appears to the appropriate agency that it is unable to secure that the necessary works or operations are carried out by exercising its powers under section 161 or 161ZA or by serving a works notice on any responsible person.

Works notices: exceptions etc

161ZC

• (1) Nothing in sections 161 to 161ZB shall entitle the appropriate agency to impede or prevent the making of any discharge in pursuance of an environmental permit.

• (2) Where the appropriate agency carries out any works, operations or investigations under any of the powers conferred by section 161 or 161ZA it shall, subject to subsection (3), be entitled to recover the expenses reasonably incurred in doing so from any responsible person (within the meaning of the section conferring the powers in question).

• (3) No expenses are recoverable from a person for any works, operations or investigations in respect of water from an abandoned mine or an abandoned part of a mine which that person permitted to enter any controlled waters or to reach a place from which it was likely, in the opinion of the appropriate agency, to enter any controlled waters.

• (4) Subsection (3) does not apply to the owner or former operator of any mine or part of a mine if the mine or part in question became abandoned after 31st December 1999.

• (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (6) Nothing in sections 161, 161ZA and 161ZB—

• (a) derogates from any right of action or other remedy (whether civil or criminal) in proceedings instituted otherwise than under any of those sections; or

• (b) affects any restriction imposed by or under any other enactment, whether public local or private.

• (7) In this section—

• “expenses” includes costs;

• “mine” has the same meaning as in the Mines and Quarries Act 1954;

• “works notice” means a notice under section 161A.

• (8) In sections 161, 161ZA and 161ZB and this section “controlled waters” has the same meaning as in Part 3 of this Act ...

• (9) In sections 161ZA and 161ZB, “environmental objectives”, “hydromorphological quality element” and “Water Framework Directive” have the meanings given by section 93(7) of this Act.

Appeals against works notices.

Civil liability of the Agency or NRBW for escapes of water etc

161AA

• (1) A works notice—

• (a) must specify the periods within which the person on whom it is served is required to do each of the things specified in the notice; and

• (b) is without prejudice to the powers of the appropriate agency to carry out any works or operations under section 161(5)(a) or 161ZA(6)(a).

• (2) Before serving a works notice on any person, the appropriate agency shall reasonably endeavour to consult that person concerning the works or operations which are to be specified in the notice.

• (3) The appropriate national authority may by regulations make provision for or in connection with—

• (a) the form or content of works notices;

• (b) requirements for consultation, before the service of a works notice, with persons other than the person on whom that notice is to be served;

• (c) steps to be taken for the purposes of any consultation required under subsection (2) or regulations made by virtue of paragraph (b); or

• (d) any other steps of a procedural nature which are to be taken in connection with or in consequence of the service of a works notice.

• (4) A works notice shall not be regarded as invalid or as invalidly served by reason only of a failure to comply with the requirements of subsection (2) or of regulations made by virtue of paragraph (b) of subsection (3).

• (5) In this section and section 161A, “appropriate national authority” means—

• (a) in relation to England, the Secretary of State; and

• (b) in relation to Wales, the Welsh Ministers.

• (6) The power to make regulations under this section shall be exercisable by statutory instrument subject—

• (a) in the case of regulations made by the Secretary of State, to annulment in pursuance of a resolution of either House of Parliament; and

• (b) in the case of regulations made by the Welsh Ministers, to annulment in pursuance of a resolution of the National Assembly for Wales.

• (7) In this section,—

• (a) paragraph (1) of section 219 does not apply; and

• (b) in paragraph (2) of that section, references to “the Ministers” or the “the Secretary of State” shall be taken to be references to the appropriate national authority.

161AB

• (1) Nothing in section 161A shall entitle the appropriate agency to require the carrying out of any works or operations which would impede or prevent the making of any discharge in pursuance of an environmental permit .

• (2) No works notice shall be served on any person requiring him to carry out any works or operations in respect of water from an abandoned mine or an abandoned part of a mine which that person permitted to enter any controlled waters or to reach a place from which it was likely, in the opinion of the appropriate agency, to enter any controlled waters.

• (3) Subsection (2) does not apply to the service of a notice on the owner or former operator of any mine or part of a mine if the mine or part in question became abandoned after 31st December 1999.

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (5) In this section “mine” has the same meaning as in the Mines and Quarries Act 1954.

Powers to make regulations.

Powers to make regulations.

Exemption for visiting forces.

Any Minister of the Crown.

Schedule 27

Emergency fisheries byelaws

1

• (1) In this Schedule, “emergency fisheries byelaw” means a byelaw made under paragraph 6 of Schedule 25 to this Act (fisheries) in the circumstances in sub-paragraph (2) below.

• (2) The circumstances are that—

• (a) the appropriate agency considers that, because of any event or likely event, harm is occurring or is likely to occur to—

• (i) any fish to which paragraph 6 of Schedule 25 to this Act applies or to the spawn, gametes or food of any such fish, or

• (ii) the marine or coastal, or aquatic or waterside, environment,

• (b) the appropriate agency considers that the byelaw would prevent or limit that harm, or would be reasonably likely to do so,

• (c) the appropriate agency considers that for that purpose there is a need for the byelaw to come into force as a matter of urgency, and

• (d) the event or the likelihood of the event could not reasonably have been foreseen.

• (3) Schedule 26 to this Act (procedure relating to byelaws made by the appropriate agency) does not apply in relation to an emergency fisheries byelaw.

• (4) In sub-paragraph (2)(a), the reference to harm to the marine or coastal, or aquatic or waterside, environment is to—

• (a) harm to the natural beauty or amenity of marine or coastal, or aquatic or waterside, areas (including their geological or physiographical features) or to any features of archaeological or historic interest in such areas, or

• (b) harm to flora or fauna which are dependent on or associated with the marine or coastal, or aquatic or waterside, environment.

Commencement

2

An emergency fisheries byelaw comes into force—

• (a) on the date specified in the byelaw, or

• (b) if no date is so specified, on the day after that on which it is made.

Notification of the appropriate national authority

3

The appropriate agency must, within 24 hours of making an emergency fisheries byelaw—

• (a) send a copy of the byelaw to the appropriate national authority, and

• (b) explain to the appropriate national authority why the byelaw is being made as an emergency fisheries byelaw.

Publication

4

The appropriate agency must publish notice of the making of an emergency fisheries byelaw (including a copy of the byelaw)—

• (a) in the London Gazette;

• (b) where the byelaw has effect in Wales, in the Welsh language in such manner as the appropriate agency thinks appropriate;

• (c) in such other manner as it thinks appropriate for the purpose of bringing the byelaw to the attention of persons likely to be affected by it.

Amendment and revocation

5

• (1) If at any time the appropriate national authority is satisfied that an emergency fisheries byelaw would better serve to prevent or limit the harm referred to in paragraph 1(2)(a) above if it were amended, the authority must amend it accordingly.

• (2) If at any time the appropriate national authority is satisfied that an emergency fisheries byelaw is no longer needed in order to prevent or limit the harm referred to in paragraph 1(2)(a) above, the authority must revoke it.

• (3) The appropriate agency must publish notice of an amendment or revocation under this paragraph as specified in paragraph 4(a) to (c) above.

Expiry and extension

6

• (1) Subject to paragraph 7 below, an emergency fisheries byelaw expires (unless earlier revoked)—

• (a) in accordance with provision made by the byelaw, or

• (b) if the byelaw does not contain provision for its expiry, at the end of the period of twelve months beginning with the day on which it comes into force.

• (2) A byelaw may not under sub-paragraph (1)(a) above remain in force for longer than the period of twelve months beginning with the day on which it comes into force.

7

• (1) The appropriate agency may, at any time before an emergency fisheries byelaw expires, apply to the appropriate national authority for it to be extended.

• (2) On such an application, the appropriate national authority may extend the byelaw at any time before its expiry, provided the authority is satisfied that—

• (a) the byelaw is still needed to prevent or limit the harm referred to in paragraph 1(2)(a) above, and

• (b) the need for the extension could not reasonably have been avoided by the appropriate agency.

• (3) A byelaw may be extended under sub-paragraph (2) above for such period not exceeding six months as the appropriate national authority may specify.

• (4) A byelaw may not be extended under sub-paragraph (2) above on more than one occasion.

Availability

8

• (1) Every emergency fisheries byelaw shall be printed and deposited at one or more of the offices of the appropriate agency, including (if there is one) at an office in the area to which the byelaw applies; and copies of the byelaw shall be available at those offices, at all reasonable times, for inspection by the public free of charge.

• (2) Every person shall be entitled, on application to the appropriate agency and on payment of such reasonable sum as the appropriate agency may determine, to be furnished with a copy of any emergency fisheries byelaw so deposited by the appropriate agency.

Proof

9

The production of a printed copy of an emergency fisheries byelaw purporting to be made by the appropriate agency upon which is indorsed a certificate, purporting to be signed on its behalf, stating—

• (a) that the byelaw was made by the appropriate agency, and

• (b) that the copy is a true copy of the byelaw,

shall be prima facie evidence of the facts stated in the certificate, and without proof of the handwriting or official position of any person purporting to sign the certificate.

“Appropriate national authority”

10

In this Schedule “appropriate national authority” has the same meaning as in the Salmon and Freshwater Fisheries Act 1975.

Directions in the interests of national security etc.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Any Minister of the Crown.

Any Minister of the Crown.

...

167A

Consultation in relation to works affecting flood and coastal erosion risks

• (1) Before exercising a function to which this section applies in a manner which may affect a flood or coastal erosion risk (within the meaning of the Flood and Water Management Act 2010) in Wales, the Agency must consult the NRBW.

• (2) Before exercising a function to which this section applies in a manner which may affect a flood or coastal erosion risk (within that meaning) in England, the NRBW must consult the Agency.

• (3) This section applies to any function under—

• (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (b) the flood risk management work provisions;

• (c) byelaws made under paragraph 5 of Schedule 25.

Main river map for England

193A

• (1) The Agency must provide reasonable facilities for inspecting the main river map for England in electronic form.

• (2) The Agency must on request provide any person with—

• (a) a hard copy of all or part of the map, or

• (b) data comprising all or part of the map in electronic form.

• (3) The Agency may charge a fee for providing a copy or data under subsection (2), but the fee—

• (a) must, in the case of a person appearing to the Agency to have requested a copy or data for commercial purposes, represent a reasonable usage fee, and

• (b) in any other case, may not exceed the reasonable costs of providing the copy or data.

• (4) The Agency must on request provide a body mentioned in the first column of the following table with a hard copy of, or data comprising, such part of the main river map for England as is described in the second column of the entry for that body.

A local authority in England	The part that relates to the local authority's area
An internal drainage board for an internal drainage district that is wholly or partly in England	The part that relates to its district, so far as that district is in England
A water company that exercises functions in relation to an area in England	The part that relates to that area
A highway authority that exercises functions in relation to highways in England	The part that relates to the area in England in relation to which it exercises functions
A navigation authority that exercises functions in relation to an area in England	The part that relates to that area

• (5) The Documentary Evidence Act 1868 has effect as if—

• (a) the Agency were mentioned in the first column of the Schedule to that Act;

• (b) any member of the staff of the Agency authorised to act on behalf of the Agency were specified in the second column of the Schedule to that Act in connection with the Agency;

• (c) the regulation referred to in that Act included the main river map for England kept by the Agency;

• (d) references to a copy included references to a print-out of information kept in electronic form.

193B

• (1) The Agency may at any time replace the existing main river map for England for the purpose of including—

• (a) a change which, pursuant to section 193(2)(b), is required by the making, amendment or revocation of a scheme under section 137,

• (b) a change to give effect to a determination under section 193C, or

• (c) a change directed by the Secretary of State under section 193D(5) (following an appeal against a determination).

• (2) A replacement map may not include other changes.

• (3) A replacement map must specify the date on which it takes effect.

193C

• (1) Subject to the following provisions of this section, the Agency may determine that—

• (a) such watercourse or part of a watercourse in England as is specified in the determination is to be treated for the purposes of this Act as a main river or part of a main river;

• (b) such watercourse or part of a watercourse in England as is specified in the determination (not being a watercourse designated in a scheme made under section 137) is no longer to be treated for the purposes of this Act as a main river or part of a main river.

• (2) Before making a determination under subsection (1) as regards a watercourse, the Agency must—

• (a) publish (in such manner as it considers appropriate) the determination it proposes to make, and

• (b) consider representations made within the time and in the manner specified by the Agency when publishing the determination.

• (3) The Agency must consult the NRBW before making a determination under subsection (1)—

• (a) which affects a watercourse part of which is in England and part of which is in Wales, and

• (b) in which it seems to the Agency that the NRBW has an interest.

• (4) Having taken such steps as are required by subsections (2) and (3), the Agency may—

• (a) decide not to make a determination, or

• (b) decide to make a determination in accordance with what was proposed under subsection (2)(a) or otherwise.

• (5) The Agency must publish (in such manner as it considers appropriate)—

• (a) that decision;

• (b) the terms of any determination made;

• (c) if a determination is made, the date on which a replacement map will give effect to the determination.

• (6) The date specified under subsection (5)(c) may not be before the end of a period of six weeks beginning with the day on which the matters specified in subsection (5) are published.

• (7) The Agency must also inform those persons affected by the proposal who made representations in accordance with subsection (2)(b) containing an objection to the proposal as to the matters referred to in subsection (5).

193D

• (1) A person aggrieved by a determination under section 193C may appeal to the Secretary of State.

• (2) An appeal must be made before the end of a period of six weeks beginning with the day on which the matters referred to in section 193C(5) are published.

• (3) Where an appeal is made against a determination, a replacement map under section 193B may not include a change to give effect to the determination except as specified in this section.

• (4) The Secretary of State may appoint a person to make a report to assist the Secretary of State in determining the appeal.

• (5) If the Secretary of State allows the appeal in whole or in part, the Secretary of State may by direction to the Agency—

• (a) specify a change to be included in a replacement map under section 193B, and

• (b) specify the date on which that change is to take effect.

• (6) If the Secretary of State dismisses the appeal, the Agency may include a change to give effect to its determination in a replacement map, the replacement map to have effect on such date as the Secretary of State may direct.

• (7) The Secretary of State may direct the Agency to publish the Secretary of State's decision in such manner as the direction may specify.

193E

• (1) The Secretary of State may from time to time issue guidance to the Agency about the exercise of its functions under sections 193 to 193D.

• (2) The guidance may in particular include guidance as to—

• (a) determining whether or not a watercourse or part of a watercourse is suitable to become or to remain a main river or a part of a main river;

• (b) what kind of publication is appropriate under section 193C(2) and (5).

• (3) The Agency must have regard to the guidance in carrying out its functions under sections 193 to 193D.

Main river map for Wales

194A

• (1) The NRBW must provide reasonable facilities for inspecting the main river map for Wales in electronic form.

• (2) The NRBW must on request provide any person with—

• (a) a hard copy of all or part of the map, or

• (b) data comprising all or part of the map in electronic form.

• (3) The NRBW may charge a fee for providing a copy or data under subsection (2), but the fee—

• (a) must, in the case of a person appearing to the NRBW to have requested a copy or data for commercial purposes, represent a reasonable usage fee, and

• (b) in any other case, may not exceed the reasonable costs of providing the copy or data.

• (4) The NRBW must on request provide a body mentioned in the first column of the following table with a hard copy of, or data comprising, such part of the main river map for Wales as is described in the second column of the entry for that body.

A local authority in Wales	The part that relates to the local authority's area
An internal drainage board for an internal drainage district that is wholly or partly in Wales	The part that relates to its district, so far as that district is in Wales
A water company that exercises functions in relation to an area in Wales	The part that relates to that area
A highway authority that exercises functions in relation to highways in Wales	The part that relates to the area in Wales in relation to which it exercises functions
A navigation authority that exercises functions in relation to an area in Wales	The part that relates to that area

• (5) The Documentary Evidence Act 1868 has effect as if—

• (a) the NRBW were mentioned in the first column of the Schedule to that Act;

• (b) any member of the staff of the NRBW authorised to act on behalf of the NRBW were specified in the second column of the Schedule to that Act in connection with the NRBW;

• (c) the regulation referred to in that Act included the main river map for Wales kept by the NRBW;

• (d) references to a copy included references to a print-out of information kept in electronic form.

194B

• (1) The NRBW may at any time replace the existing main river map for Wales for the purpose of including—

• (a) a change which, pursuant to section 194(2)(b), is required by the making, amendment or revocation of a scheme under section 137,

• (b) a change to give effect to a determination under section 194C, or

• (c) a change directed by the Welsh Ministers under section 194D(5) (following an appeal against a determination).

• (2) A replacement map may not include other changes.

• (3) A replacement map must specify the date on which it takes effect.

194C

• (1) Subject to the following provisions of this section, the NRBW may determine that—

• (a) such watercourse or part of a watercourse in Wales as is specified in the determination is to be treated for the purposes of this Act as a main river or part of a main river;

• (b) such watercourse or part of a watercourse in Wales as is specified in the determination (not being a watercourse designated in a scheme made under section 137) is no longer to be treated for the purposes of this Act as a main river or part of a main river.

• (2) Before making a determination under subsection (1) as regards a watercourse, the NRBW must—

• (a) publish (in such manner as it considers appropriate) the determination it proposes to make, and

• (b) consider representations made within the time and in the manner specified by the NRBW when publishing the determination.

• (3) The NRBW must consult the Agency before making a determination under subsection (1)—

• (a) which affects a watercourse part of which is in Wales and part of which is in England, and

• (b) in which it seems to the NRBW that the Agency has an interest.

• (4) Having taken such steps as are required by subsections (2) and (3), the NRBW may—

• (a) decide not to make a determination, or

• (b) decide to make a determination in accordance with what was proposed under subsection (2)(a) or otherwise.

• (5) The NRBW must publish (in such manner as it considers appropriate)—

• (a) that decision;

• (b) the terms of any determination made;

• (c) if a determination is made, the date on which a replacement map will give effect to the determination.

• (6) The date specified under subsection (5)(c) may not be before the end of a period of six weeks beginning with the day on which the matters specified in subsection (5) are published.

• (7) The NRBW must also inform those persons affected by the proposal who made representations in accordance with subsection (2)(b) containing an objection to the proposal as to the matters referred to in subsection (5).

194D

• (1) A person aggrieved by a determination under section 194C may appeal to the Welsh Ministers.

• (2) An appeal must be made before the end of a period of six weeks beginning with the day on which the matters referred to in section 194C(5) are published.

• (3) Where an appeal is made against a determination, a replacement map under section 194B may not include a change to give effect to the determination except as specified in this section.

• (4) The Welsh Ministers may appoint a person to make a report to assist them in determining the appeal.

• (5) If the Welsh Ministers allow the appeal in whole or in part, they may by direction to the NRBW—

• (a) specify a change to be included in a replacement map under section 194B, and

• (b) specify the date on which that change is to take effect.

• (6) If the Welsh Ministers dismiss the appeal, the NRBW may include a change to give effect to its determination in a replacement map, the replacement map to have effect on such date as the Welsh Ministers may direct.

• (7) The Welsh Ministers may direct the NRBW to publish their decision in such manner as the direction may specify.

194E

• (1) The Welsh Ministers may from time to time issue guidance to the NRBW about the exercise of its functions under sections 194 to 194D.

• (2) The guidance may in particular include guidance as to—

• (a) determining whether or not a watercourse or part of a watercourse is suitable to become or to remain a main river or a part of a main river;

• (b) what kind of publication is appropriate under section 194C(2) and (5).

• (3) The NRBW must have regard to the guidance in carrying out its functions under sections 194 to 194D.

61ZA

• (1) This section applies where—

• (a) a relevant licence is revoked or varied on or after 1 January 2028 in pursuance of a direction under section 54 or 56, and

• (b) the ground for revoking or varying the licence is that the Secretary of State is satisfied the revocation or variation is necessary—

• (i) having regard to a relevant environmental objective, or

• (ii) to otherwise protect the water environment from damage.

• (2) A “relevant licence” is a licence to abstract water that—

• (a) is to abstract water in England only, and

• (b) is to remain in force until revoked.

• (3) Where this section applies, no compensation is payable under section 61 in respect of the revocation or variation of the licence.

• (4) In this section the “water environment” means—

• (a) any inland waters (including, in relation to a lake, pond, river or watercourse that is for the time being dry, its bottom, channel or bed),

• (b) any water contained in underground strata,

• (c) any underground strata themselves,

or any flora or fauna dependent on any of them.

• (5) In this section “relevant environmental objective” means an environmental objective within the meaning of whichever of the following is applicable—

• (a) the Water Environment (Water Framework Directive) (England and Wales) Regulations 2017 (S.I. 2017/407);

• (b) the Water Environment (Water Framework Directive) (Solway Tweed River Basin District) Regulations 2004 (S.I. 2004/99);

• (c) the Water Environment (Water Framework Directive) (Northumbria River Basin District) Regulations 2003 (S.I. 2003/3245).

61ZB

• (1) This section applies if a relevant licence is varied in pursuance of a direction under section 54 on or after 1 January 2028 so as to reduce the quantity of water the holder is authorised to abstract.

• (2) A “relevant licence” is a licence to abstract water that—

• (a) is to abstract water in England only, and

• (b) is to remain in force until revoked.

• (3) No compensation is payable under section 61 if—

• (a) in each year during the 12 year period ending with the relevant date, the quantity of water abstracted in pursuance of the licence did not exceed 75% of the quantity of water the holder was authorised to abstract in that year, and

• (b) the ground for varying the licence is that the Secretary of State is satisfied the variation does not reduce the quantity of water the holder is authorised to abstract to a level below that which the holder reasonably requires.

• (4) In subsection (3) the “relevant date” is the date on which the notice of the proposals for varying the licence was served on the holder of the licence.

46B

• (1) The appropriate national authority may by regulations make provision for the purpose of securing that water industry licences under this Chapter have effect subject to—

• (a) conditions specified in the regulations, or

• (b) rules of general application specified in or made under the regulations.

• (2) A condition or rule to which a licence is subject by virtue of regulations under this section is to be treated for the purposes of this Chapter as a provision of the licence.

• (3) For the purposes of this section, a licence under this Chapter is a “water industry licence” if—

• (a) it is held by a water undertaker or sewerage undertaker, or

• (b) it is held by a water supply licensee or sewerage licensee, within the meaning of the Water Industry Act 1991, for the purposes of the activities to which its water supply licence or sewerage licence relates;

and regulations under this section may apply to water industry licences granted before the coming into force of this section.

• (4) In this section, “the appropriate national authority” means—

• (a) the Secretary of State, in relation to England;

• (b) the Welsh Ministers, in relation to Wales.

• (5) Section 219 (general provision about regulations) applies to the power of the Welsh Ministers under this section as it applies to that of the Secretary of State, with the necessary modifications (including the substitution of “Senedd Cymru” for “either House of Parliament” in subsection (1)).