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Water Resources Act 1991

Type Public General Act

Publication 1991-07-25

Last updated 2026-04-06

State In force

Department Statute Law Database

Source legislation.gov.uk

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as to derogate from rights which, at the time of the authorisation, are protected rights for the purposes of this Chapter.

Compensation where licence modified on direction of the Secretary of State

61

(1) Where a licence held by a person other than a water undertaker or sewerage undertaker is revoked or varied in pursuance of a direction under section 54 or 56 above and it is shown that the holder of the licence—

(a) has incurred expenditure in carrying out work which is rendered abortive by the revocation or variation; or

(b) has otherwise sustained loss or damage which is directly attributable to the revocation or variation,

the appropriate agency shall pay him compensation in respect of that expenditure, loss or damage.

(2) For the purposes of this section, any expenditure incurred in the preparation of plans for the purposes of any work, or upon other similar matters preparatory to any work, shall be taken to be included in the expenditure incurred in carrying out that work.

(3) Subject to subsection (2) above and to Schedule 7 to this Act, no compensation shall be paid under this section—

(a) in respect of any work carried out before the grant of the licence which is revoked or varied; or

(b) in respect of any other loss or damage arising out of anything done or omitted to be done before the grant of that licence.

(4) No compensation shall be payable under this section in respect of a licence to abstract water, if it is shown that no water was abstracted in pursuance of the licence during the period of four years ending with the date on which notice of the proposals for revoking or varying the licence was served on the holder of the licence.

(4A) No compensation shall be payable under this section in respect of the variation of a full licence, or of a transfer licence which specifies a minimum value under section 46(2A) above, so as to reduce the quantity of water which the holder of the licence is authorised by the licence to abstract from the source of supply to which the licence relates if—

(a) the ground for varying the licence is that the Secretary of State is satisfied that the variation is necessary in order to protect the availability of water in the source of supply to which the licence relates;

(b) the variation does not reduce the quantity of water which the holder of the licence is authorised by the licence to abstract to less than the minimum value specified in the licence under section 46(2A) above for the purposes of this subsection; and

(4B) Those conditions are that—

(a) the licence was granted after the coming into force of section 19 of the Water Act 2003;

(b) the variation is made no sooner than the end of the period of six years beginning with the date on which the licence took effect; and

(c) the variation takes effect no sooner than the end of the period of six years beginning with the date of the variation.

(5) Any question of disputed compensation under this section shall be referred to and determined by the Upper Tribunal; and in relation to the determination of any such compensation the provisions of section 4 of the Land Compensation Act 1961 shall apply, subject to any necessary modifications.

(6) For the purpose of assessing any compensation under this section, in so far as that compensation is in respect of loss or damage consisting of depreciation of the value of an interest in land, the rules set out in section 5 of the Land Compensation Act 1961 shall, so far as applicable and subject to any necessary modifications, have effect as they have effect for the purpose of assessing compensation for the compulsory acquisition of an interest in land.

(7) Where the interest in land, in respect of which any compensation falls to be assessed in accordance with subsection (6) above, is subject to a mortgage—

(a) the compensation shall be assessed as if the interest were not subject to the mortgage;

(b) a claim for the compensation may be made by any mortgagee of the interest, but without prejudice to the making of a claim by the person entitled to the interest;

(c) no such compensation shall be payable in respect of the interest of the mortgagee (as distinct from the interest which is subject to the mortgage);

(d) any such compensation which is payable in respect of the interest which is subject to the mortgage shall be paid to the mortgagee or, if there is more than one mortgagee, to the first mortgagee, and shall in either case be applied by him as if it were proceeds of sale.

Compensation for owner of fishing rights applying under section 55

62

(1) Where a licence is revoked or varied on an application under section 55 above, the applicant shall be entitled to compensation from the appropriate agency in respect of the loss or damage which he has sustained as mentioned in subsection (3) of that section.

(2) Where, on an application under section 55 above for the revocation or variation of a licence, the Secretary of State determines—

(a) that the grounds of the application (as mentioned in subsection (3) of that section) have been established to his satisfaction; but

(b) that the licence shall not be revoked or varied in pursuance of that application,

he shall certify accordingly for the purposes of the following provisions of this section.

(3) Unless within the period of six months from the date on which a certificate under subsection (2) above is granted either—

(a) notice to treat for the acquisition of the fishing rights of the applicant, or of an interest in land which includes those rights, has been served by the appropriate agency; or

(b) an offer has been made by the appropriate agency to the owner of those rights to acquire them on compulsory purchase terms or, where the rights subsist only as rights included in an interest in land, to acquire that interest on such terms,

the owner of the fishing rights shall be entitled to compensation from the appropriate agency.

(4) The amount of the compensation payable under subsection (3) above in respect of any fishing rights shall be the amount by which—

(a) the value of those rights; or

(b) where they subsist only as rights included in an interest in land, the value of that interest,

is depreciated by the operation of section 48(2) above in relation to the licence to which the application related.

(5) Any question of disputed compensation under this section shall be referred to and determined by the Upper Tribunal ; and in relation to the determination of any such compensation the provisions of section 4 of the Land Compensation Act 1961 shall apply, subject to any necessary modifications.

(6) For the purposes of this section a right or interest is acquired on compulsory purchase terms if it is acquired on terms that the price payable shall be equal to and shall, in default of agreement, be determined in like manner as the compensation which would be payable in respect thereof if the right or interest were acquired compulsorily by the appropriate agency.

(7) Where—

(a) the Secretary of State, on an application under section 55 above, determines that the licence to which the application relates shall not be revoked or varied and grants a certificate under subsection (2) above; and

(b) 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 appropriate agency 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 48(2) above.

(8) Subsections (5) and (6) of section 55 above shall apply for construing references in this section to fishing rights or to rights included in an interest in land as they have effect for construing such references in that section.

Secretary of State to indemnify Authority in certain cases

63

(1) Where—

(a) the appropriate agency is liable under section 60 above to pay damages to any person in consequence of the grant or variation of a licence in compliance with a direction given by the Secretary of State; and

(b) the appropriate agency pay to that person any sum in satisfaction of that liability,

then, whether an action for recovery of those damages has been brought or not, the Secretary of State may, if he thinks fit, pay to the appropriate agency the whole or such part as he considers appropriate of the relevant amount.

(2) If—

(a) proposals for revoking or varying the licence, in a case falling within subsection (1) above, are formulated by the appropriate agency, or an application with respect to any licence is made under section 55 above;

(b) in consequence of those proposals or that application, the licence is revoked or varied; and

the Secretary of State may, if he thinks fit, pay to the appropriate agency the whole or such part as he considers appropriate of the relevant amount.

(3) Where—

(a) the Secretary of State determines under section 55 above—

(i) that a licence granted in compliance with a direction given by the Secretary of State shall be revoked or varied; or

(ii) that a licence shall not be revoked or varied;

and

(b) in consequence of that determination, compensation is payable by the appropriate agency under section 62 above,

the Secretary of State may, if he thinks fit, pay to the appropriate agency the whole or such part as he considers appropriate of the relevant amount.

(4) In this section “the relevant amount” means—

(a) for the purposes of subsection (1) above, the amount of the sum paid by the appropriate agency and, if an action has been brought against the appropriate agency in respect of the liability mentioned in that subsection, the amount of any costs reasonably incurred by the appropriate agency in connection with the action (including any costs of the plaintiff which the appropriate agency was required to pay); and

(b) for the purposes of subsections (2) and (3) above, the amount of the compensation and, if any question relating to that compensation is referred to the Upper Tribunal, the amount of any costs reasonably incurred by the appropriate agency in connection with that reference (including any costs of the claimant which the appropriate agency is required to pay).

Supplemental provisions of Chapter II

Abstracting and impounding by the Authority

64

(1) The provisions of this Chapter shall have effect—

(a) in relation to the abstraction of water by the appropriate agency from sources of supply; and

(b) in relation to—

(i) the construction or alteration by the appropriate agency of impounding works; and

(ii) the obstruction or impeding by the appropriate agency of the flow of inland waters by means of impounding works,

subject to such exceptions and modifications as may be prescribed.

(2) Regulations under this section may, in particular, provide for securing—

(a) that any licence required by the appropriate agency in relation to the matters mentioned in subsection (1) above shall be granted (or be deemed to be granted) by the Secretary of State, and not be granted by the appropriate agency;

(b) that, in such cases and subject to such conditions as may be prescribed, any licence so required by the appropriate agency shall be deemed to be granted by the Secretary of State unless the Secretary of State requires an application for the licence to be made to him by the appropriate agency; and

(c) that where a licence is deemed to be granted as mentioned in paragraph (b) above, the appropriate agency shall give such notice of that fact as may be prescribed.

(3) Without prejudice to the preceding provisions of this section, section 52 above shall not apply in relation to any licence which by virtue of any regulations under this section is granted or deemed to have been granted by the Secretary of State, except in accordance with regulations under this section.

Licences of right

65

Schedule 7 to this Act shall have effect for the purposes of giving effect to provisions conferring an entitlement to licences under this Chapter and with respect to licences granted in pursuance of that entitlement or the entitlement conferred by section 33 of the Water Resources Act 1963 or paragraph 30 or 31 of Schedule 26 to the Water Act 1989.

Inland waters owned or managed by British Waterways Board

66

(1) This section applies to all inland waters owned or managed by Canal & River Trust, except any such inland waters to which the Secretary of State may by order made by statutory instrument direct that this section shall not apply.

(2) In respect of abstraction from any inland waters to which this section applies—

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

(b) no person other than Canal & River Trust shall be entitled to apply for a licence under this Chapter;

(i) section 35 above shall not apply; and

(ii) section 37 above shall apply as if paragraphs (b) and (c), and the succeeding words, of subsection (3) of that section were omitted.

(3) Before making an order under subsection (1) above, the Secretary of State shall consult Canal & River Trust and the appropriate agency.

Ecclesiastical property

67

(1) Where the relevant land is vested in the incumbent of a benefice or (in the case of a licence under this Chapter to abstract water) where it is a benefice which has a right of access to the relevant land—

(a) an application for a licence under this Chapter may be made by the Diocesan Board of Finance for the diocese in which the land is situated if the benefice is for the time being vacant; and

(b) any reference in this Chapter to the applicant for a licence shall be construed—

(i) in relation to any time when the benefice in question is vacant, as a reference to theDiocesan Board of Finance for the diocese in which the land is situated; and

(ii) in relation to any time when there is an incumbent of the benefice, as a reference to that incumbent.

(2) Where the relevant land is vested in the incumbent of a benefice or (in the case of a licence under this Chapter to abstract water) where it is a benefice which has a right of access to the relevant land, any licence under this Chapter shall provide that (notwithstanding anything in the preceding provisions of this Chapter) whoever is for the time being the incumbent of the benefice shall be the holder of the licence.

(3) Where a licence under this Chapter provides as mentioned in subsection (2) above—

(a) the licence shall not be required to specify the person to whom the licence is granted; and

(b) the licence shall be deemed to be held by the Diocesan Board of Finance for the diocese in which the land is situated at any time when the benefice in question is vacant.

(4) So much of any compensation falling to be paid under this Chapter as is payable—

(a) in respect of damage to land which is ecclesiastical property and to the owner of the fee simple in the land; or

(b) in respect of depreciation of the value of the fee simple in land which is ecclesiastical property,

shall be paid (where the fee simple is vested in any person other than the Diocesan Board of Finance for the diocese in which the land is situated) to it, instead of to the person in whom the fee simple is vested.

(5) Any sums paid under subsection (4) above to the Diocesan Board of Finance with reference to any land shall—

(a) if the land is not consecrated, be applied by it for the purposes for which the proceeds of a sale by agreement of the fee simple in the land would be applicable under any enactment or Measure authorising such a sale or disposing of the proceeds of such a sale; and

(b) if the land is consecrated, be applied by it as if the land had been sold under the Pastoral Measure 1983.

(6) Where—

(a) a Diocesan Board of Finance is required, by virtue of subsection (3)(b) above, to pay any fee or other charge in respect of a licence under this Chapter; and

(b) any moneys are then payable by the Board to the incumbent of the benefice in question or subsequently become so payable,

the Board shall be entitled to retain out of those moneys an amount not exceeding the amount of that fee or other charge.

(7) Where under any provision of this Chapter a document is required to be served on an owner of land and the land is ecclesiastical property, a copy of the document shall be served on the Diocesan Board of Finance for the diocese in which the land is situated.

(8) In this section —

“benefice” means an ecclesiastical benefice of the Church of England;

“ecclesiastical property” means land which—belongs to a benefice;is or forms part of a church subject to the jurisdiction of the bishop of any diocese of the Church of England or the site of a church so subject; oris or forms part of a burial ground so subject;and

“the relevant land”, in relation to a licence under this Chapter or an application for such a licence, means— the land to which an applicant for a licence to abstract water is required by section 35 above to have a right of access; or in the case of a licence for the purposes of section 25 above or an application for such a licence—the land on which any part of the impounding works is, or is to be, or is proposed to be, constructed; orin relation to an alteration of impounding works, the land on which any part of those works is situated or is to be, or is proposed to be, situated.

Provision for appeals and references to tribunal

68

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

69

(1) Except as provided by the following provisions of this section, the validity of a decision of the Secretary of State on—

(a) any appeal to the Secretary of State under this Chapter; or

(b) any reference to the Secretary of State in pursuance of a direction under section 41 above or in pursuance of section 53(4) above,

shall not be questioned in any legal proceedings whatsoever.

(2) If, in the case of any such appeal or reference, the appropriate agency or the other party desires to question the validity of the decision of the Secretary of State on the grounds—

(a) that the decision is not within the powers of this Act; or

(b) that any of the requirements of, or of any regulations made under, this Chapter which are applicable to the appeal or reference have not been complied with,

the appropriate agency or, as the case may be, the other party may, at any time within the period of six weeks beginning with the date on which the decision is made, make an application to the High Court under this section.

(3) On any application under this section, the High Court may by interim order suspend the operation of the decision to which the application relates until the final determination of the proceedings.

(4) If the High Court is satisfied, on an application under this section—

(a) that the decision to which the application relates is not within the powers of this Act; or

(b) that the interests of the person making the application under this section have been substantially prejudiced by a failure to comply with any of the requirements mentioned in subsection (2)(b) above,

the High Court may quash the decision.

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

(6) In this section—

“decision” includes a direction; and

“other party” —

(a) in relation to an appeal, means the appellant;

(b) in relation to a reference in pursuance of a direction under section 41 above, means the applicant for the licence or, where that section applies by virtue of section 51(3) above, for the revocation or variation; and

(c) in relation to a reference in pursuance of section 53(4) above, means (subject, without prejudice to their application to the other provisions of this Chapter, to subsections (6) and (7) of section 25 above) the holder of the licence.

Civil liability under Chapter II

70

Except in so far as this Act otherwise expressly provides and subject to the provisions of section 18 of the Interpretation Act 1978 (which relates to offences under two or more laws), the restrictions imposed by sections 24 and 25 above shall not be construed as—

(a) conferring a right of action in any civil proceedings (other than proceedings for the recovery of a fine) in respect of any contravention of those restrictions;

(b) affecting any restriction imposed by or under any other enactment, whether contained in a public general Act or in a local or private Act; or

(c) derogating from any right of action or other remedy (whether civil or criminal) in proceedings instituted otherwise than under this Chapter.

Modification of local enactments

71

(1) If it appears to the Secretary of State by whom an order is made under a provision of this Chapter to which this section applies that any local enactment passed or made before the relevant date—

(a) is inconsistent with any of the provisions of that order; or

(b) requires to be amended or adapted, having regard to any of the provisions of that order,

the Secretary of State may by order repeal, amend or adapt that enactment to such extent, or in such manner, as he may consider appropriate.

(2) Any order under this section may include such transitional, incidental, supplementary and consequential provisions as the Secretary of State may consider necessary or expedient.

(3) The power to make an order under this section shall be exercisable by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.

(4) This section applies to the following provisions of this Chapter, that is to say, sections ... 66, 68 and 72(5).

(5) In this section—

“local enactment” means—a local or private Act;a public general Act relating to London;an order or scheme made under an Act, confirmed by Parliament or brought into operation in accordance with special parliamentary procedure; oran enactment in a public general Act amending a local or private Act or any such order or scheme;

“relevant date” means the date which was the second appointed day for the purposes of section 133 of the Water Resources Act 1963.

(6) The provisions of this section shall have effect without prejudice to the exercise of any other power to repeal, amend or adapt local enactments which is conferred by any other enactment.

Interpretation of Chapter II

72

(1) In this Chapter—

“derogate”, in relation to a protected right, shall be construed in accordance with section 39(4) above;

“flow” shall be construed subject to section 23(3) above;

“full licence” has the meaning given in section 24A above;

“impounding works” has the meaning given by section 25(8) above;

“licence”, in relation to the variation or revocation of a licence, shall be construed subject to section 25(6) and (7) above;

“protected right” shall be construed in accordance with section 39A above;

“the restriction on abstraction” means the restriction imposed by section 24(1) above;

“the restriction on impounding works” means the restriction imposed by section 25(1)(a) and (b) above;

“spray irrigation” means (subject to subsection (5) below) the irrigation of land or plants (including seeds) by means of water or other liquid emerging (in whatever form) from apparatus designed or adapted to eject liquid into the air in the form of jets or spray; and

“statutory provision” means a provision (whether of a general or special nature) which is contained in, or in any document made or issued under, any Act (whether of a general or special nature).

“temporary licence” and “transfer licence” have the meanings given in section 24A above.

(2) References in this Chapter to a watercourse shall not include references—

(a) to any sewer or part of a sewer vested in—

(i) a sewerage undertaker;

(ii) a local authority or joint planning board;

(iii) the new towns residuary body or a development corporation for a new town;

(iv) a harbour board within the meaning of the Railway and Canal Traffic Act 1888;

(b) to any adit or passage constructed in connection with a well, borehole or other similar work for facilitating the collection of water in the well, borehole or work.

(2A) In subsection (2)(a)(iii) “new towns residuary body” means—

(a) in relation to England, the Homes and Communities Agency so far as exercising functions in relation to anything transferred (or to be transferred) to it as mentioned in section 52(1)(a) to (d) of the Housing and Regeneration Act 2008 or the Greater London Authority so far as exercising its new towns and urban development functions; and

(b) in relation to Wales, the Welsh Ministers so far as exercising functions in relation to anything transferred (or to be transferred) to them as mentioned in section 36(1)(a)(i) to (iii) of the New Towns Act 1981.

(3) Any reference in this Chapter to the doing of anything in pursuance of a licence under this Chapter is a reference to its being done—

(a) by the holder of such a licence; or

(b) by a person acting as a servant or agent of, or otherwise under the authority of, the holder of such a licence,

at a time when the licence is in force and in circumstances such that, if no such licence were in force, the doing of that thing would contravene a restriction imposed by this Chapter.

(4) For the purposes of this Chapter land shall be taken to be contiguous to any inland waters notwithstanding that it is separated from those waters by a towpath or by any other land used, or acquired for use, in connection with the navigation of the inland waters, unless that other land comprises any building or works other than a lock, pier, wharf, landing-stage or similar works.

(5) The Ministers may by order direct that references to spray irrigation in this Chapter, and in any other enactments in which “spray irrigation” is given the same meaning as in this Chapter, or such of those references as may be specified in the order—

(a) shall be construed as not including spray irrigation if carried out by such methods or in such circumstances or for such purposes as may be specified in the order; and

(b) without prejudice to the exercise of the power conferred by virtue of paragraph (a) above, shall be construed as including references to the carrying out, by such methods or in such circumstances or for such purposes as may be specified in the order, of irrigation of any such description, other than spray irrigation, as may be so specified.

(6) The power of the Ministers to make an order under subsection (5) above shall be exercisable by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.

chapter III — DROUGHT

Power to make ordinary and emergency drought orders

73

(1) If the Secretary of State is satisfied that, by reason of an exceptional shortage of rain, there exists or is threatened—

(a) a serious deficiency of supplies of water in any area, or

(b) such a deficiency in the flow or level of water in any inland waters as to pose a serious threat to any of the flora or fauna which are dependent on those waters,

then,, subject to the following provisions of this Chapter, he may by order (in this Chapter referred to as an “ordinary drought order”) make such provision authorised by this Chapter as appears to him to be expedient with a view to meeting the deficiency.

(2) If the Secretary of State—

(a) is satisfied that, by reason of an exceptional shortage of rain, a serious deficiency of supplies of water in any area exists or is threatened; and

(b) is further satisfied that the deficiency is such as to be likely to impair the economic or social well-being of persons in the area,

then, subject to the following provisions of this Chapter, he may by order (in this Chapter referred to as an “emergency drought order") make such provision authorised by this Chapter as appears to him to be expedient with a view to meeting the deficiency.

(3) Subject to section 76(3) below, the power to make a drought order in relation to any area shall not be exercisable unless an application is made to the Secretary of State—

(a) by the appropriate agency; or

(b) except in the case of an ordinary drought order by virtue of subsection (1)(b) above,by a water undertaker which supplies water to premises in that area.

(4) The power to make a drought order shall be exercisable by statutory instrument; and Schedule 8 to this Act shall have effect with respect to the procedure on an application for such an order.

Provisions and duration of ordinary drought order

74

(1) An ordinary drought order made on the application of the appropriate agency may contain any of the following provisions, that is to say—

(a) provision authorising the appropriate agency (or persons authorised to do so by the appropriate agency) to take water from any source specified in the order subject to any conditions or restrictions so specified;

(b) provision authorising the appropriate agency (or persons authorised to do so by the appropriate agency) to discharge water to any place specified in the order subject to any conditions or restrictions so specified;

(c) provision authorising the appropriate agency to prohibit or limit the taking by any person (including a water undertaker) of water from a source specified in the order if the appropriate agency is satisfied that the taking of water from that source seriously affects the supplies available to the appropriate agency, any water undertaker or any other person;

(d) provision suspending or modifying, subject to any conditions specified in the order, any restriction or obligation to which the appropriate agency, any water undertaker or sewerage undertaker or any other person is subject as respects—

(i) the taking of water from any source;

(ii) the discharge of water;

(iii) the supply of water (whether in point of quantity, pressure, quality, means of supply or otherwise); or

(iv) the filtration or other treatment of water;

(e) provision authorising the appropriate agency to suspend or vary, or attach conditions to, any environmental permit specified in the order for the discharge of any effluent by any person, including any sewerage undertaker or water undertaker.

(2) An ordinary drought order made on the application of a water undertaker may contain any of the following provisions, that is to say—

(a) provision authorising the water undertaker to take water from any source specified in the order subject to any conditions or restrictions so specified;

(b) provision authorising the water undertaker to prohibit or limit the use of water for any purpose specified in the order, being a purpose for the time being set out in a direction given by the Secretary of State to water undertakers generally as a purpose which may be specified by virtue of this paragraph in any ordinary drought order;

(c) provision authorising the water undertaker to discharge water to any place specified in the order subject to any conditions or restrictions so specified;

(d) provision authorising the appropriate agency to prohibit or limit the taking by any person of water from a source specified in the order if the appropriate agency is satisfied that the taking of water from that source seriously affects the supplies available to the water undertaker;

(e) provision prohibiting or limiting the taking by the appropriate agency of water from a source specified in the order if the taking of water from that source is determined, in accordance with provision made by the order, seriously to affect the supplies available to the water undertaker;

(f) provision suspending or modifying, subject to any conditions specified in the order, any restriction or obligation to which the water undertaker or any sewerage undertaker or other person is subject as respects—

(i) the taking of water from any source;

(ii) the discharge of water;

(iii) the supply of water (whether in point of quantity, pressure, quality, means of supply or otherwise); or

(iv) the filtration or other treatment of water;

(g) provision authorising the appropriate agency to suspend or vary, or attach conditions to, any environmental permit specified in the order for the discharge of any effluent by any person, including the company which applied for the order (whether in the capacity in which it made the application, in its capacity as a sewerage undertaker or in any other capacity).

(3) The period for which—

(a) an authorisation given by or under an ordinary drought order;

(b) a prohibition or limitation imposed by or under any such order; or

has effect shall expire before the end of the period of six months beginning with the day on which the order comes into force, unless that period of six months is extended, in relation to that order, by virtue of the exercise by the Secretary of State of his power (subject to subsection (4) below) to amend the order.

(4) The power of the Secretary of State to amend an ordinary drought order shall not be exercised so as to extend the period of six months mentioned in subsection (3) above beyond the end of the period of one year beginning with the day on which that order came into force.

(5) Without prejudice to the following provisions of this Chapter, an ordinary drought order may—

(a) make different provision for different cases, including different provision in relation to different persons, circumstances or localities; and

(b) contain such supplemental, consequential and transitional provision as the Secretary of State considers appropriate.

Provisions and duration of emergency drought order

75

(1) An emergency drought order made on the application of the appropriate agency may contain any of the provisions which could be included, by virtue of section 74(1) above, in an ordinary drought order made on the application of the appropriate agency.

(2) An emergency drought order made on the application of a water undertaker may contain any of the following provisions, that is to say—

(a) any provision which could be included, by virtue of subsection (2) of section 74 above, in an ordinary drought order made on the application of a water undertaker, except provision authorised by paragraph (b) of that subsection;

(b) provision authorising the water undertaker to prohibit or limit the use of water for such purposes as the water undertaker thinks fit;

(i) to supply water in its area, or in any place within its area, by means of stand-pipes or water tanks; and

(ii) to erect or set up and maintain stand-pipes or water tanks in any street in that area.

(3) The period for which—

(a) an authorisation given by or under an emergency drought order;

(b) a prohibition or limitation imposed by or under any such order; or

has effect shall expire before the end of the period of three months beginning with the day on which the order comes into force unless that period of three months is extended, in relation to that order, by virtue of the exercise by the Secretary of State of his power (subject to subsection (4) below) to amend the order.

(4) The power of the Secretary of State to amend an emergency drought order shall not be exercised so as to extend the period of three months mentioned in subsection (3) above beyond the end of the period of five months beginning with the day on which that order came into force.

(5) Where powers have been conferred by an emergency drought order on any person—

(a) the Secretary of State may give to that person such directions as he considers necessary or expedient as to the manner in which, or the circumstances in which, any of those powers is or is not to be exercised;

(b) it shall be the duty of that person to comply with any such direction; and

(c) where that person is a water undertaker or sewerage undertaker, the duty to comply with any such direction shall be enforceable under section 18 of the Water Industry Act 1991 by the Secretary of State.

(6) The giving of a direction under subsection (5) above in relation to any power shall not affect—

(a) the validity of anything done in the exercise of that power before the giving of the direction; or

(b) any obligation or liability incurred before the giving of the direction.

(7) Without prejudice to the following provisions of this Chapter, an emergency drought order may—

(a) make different provision for different cases, including different provision in relation to different persons, circumstances or localities; and

(b) contain such supplemental, consequential and transitional provision as the Secretary of State considers appropriate.

Provisions of drought order restricting use of water

76

(1) The following provisions apply where a drought order contains a provision authorising a water undertaker to prohibit or limit the use of water, that is to say—

(a) the power may be exercised in relation to consumers generally, a class of consumer or a particular consumer;

(b) the water undertaker shall take such steps as it thinks appropriate for bringing the prohibition or limitation to the attention of the persons to whom the prohibition or limitation will apply and, in particular, shall (as the undertaker thinks appropriate)—

(i) cause notice of the prohibition or limitation to be published in one or more local newspapers circulating within that part of the water undertaker’s area which would be affected by the provision of the order; or

(ii) send notice of the prohibition or limitation to the persons to whom the prohibition or limitation will apply;

(c) the prohibition or limitation shall not come into operation until the end of the period of seventy-two hours beginning with the day on which the notice is published or, as the case may be, sent to the person in question.

(2) The Secretary of State may revoke or vary any direction given by him for the purposes of section 74(2)(b) above by a further direction for those purposes.

(3) Where any purpose set out in a direction given for the purposes of section 74(2)(b) above will cease, by virtue of the variation or revocation of the direction, to be one which may be specified in an ordinary drought order, the Secretary of State shall (without an application having been made to him) exercise his power to vary or revoke ordinary drought orders, in so far as any orders in force will be affected by the variation or revocation of the direction, so as to make those orders conform to the variation or reflect the revocation.

(4) The revocation or variation of a direction under subsection (3) above shall not affect either—

(a) the validity of anything done in pursuance of an order before the giving of the further direction; or

(b) any obligation or liability accrued or incurred before the giving of the further direction.

Provisions of drought order with respect to abstractions and discharges

77

(1) Any drought order which-

(a) authorises the taking of water from a source from which water is supplied to an inland navigation; or

(b) suspends or modifies—

(i) a restriction as respects the taking of water from a source from which water is supplied to an inland navigation; or

(ii) an obligation to discharge compensation water into a canal or into any river or stream which forms part of, or from which water is supplied to, an inland navigation,

may include provision for prohibiting or imposing limitations on the taking of water from the inland navigation or for the suspension or modification of any obligation to which a navigation authority are subject as respects the discharge of water from the inland navigation.

(2) A prohibition or limitation by or under a drought order on the taking of water from any source may be imposed so as to have effect in relation to a source from which a person to whom the prohibition or limitation applies has a right to take water whether by virtue of an enactment or instrument, an agreement or the ownership of land.

(3) Where a drought order made on the application of a water undertaker confers power on the appropriate agency—

(a) to prohibit or limit the taking of water from any source; or

(b) to suspend or vary, or attach conditions to, any environmental permit for the discharge of any effluent,

the appropriate agency shall exercise that power in such manner as will ensure, so far as reasonably practicable, that the supplies of water available to the water undertaker are not seriously affected.

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

(5) Where—

(a) any drought order confers power on the appropriate agency to suspend or vary, or attach conditions to, any environmental permit for the discharge of any effluent; and

(b) the appropriate agency exercises that power so as to restrict the discharge of effluent by a sewerage undertaker,

the sewerage undertaker may so modify any consents or agreements relating to the discharge by other persons of trade effluent as to enable it to comply with any requirements or conditions imposed on it by or under the order with respect to discharges from sewers or works of the undertaker.

(6) In this section—

“compensation water” means water which a water undertaker or the appropriate agency is under an obligation to discharge—in accordance with the provisions of a licence under Chapter II of this Part into a source of supply; orunder any local statutory provision, into any river, stream, brook or other running water or into a canal;and

“inland navigation” includes any canal or navigable river.

Works under drought orders

78

(1) A drought order may authorise the appropriate agency or a water undertaker, subject to any conditions and restrictions specified in the order, to carry out any works required for the performance of any duty or the exercise of any power which is imposed or conferred by or under the order.

(2) A drought order authorising the appropriate agency or a water undertaker to carry out any works—

(a) may authorise the appropriate agency or that undertaker for that purpose to enter upon any land specified in the order and to occupy and use the land to such extent and in such manner as may be requisite for the carrying out and maintenance of the works; and

(b) may apply in relation to the carrying out of the works such of the provisions of Part VII of this Act or Part VI of the Water Industry Act 1991 as appear to the Secretary of State to be appropriate, subject to such modifications as may be specified in the order.

(3) The Secretary of State shall include in any drought order authorising the appropriate agency or a water undertaker to enter any land provisions requiring the appropriate agency or that undertaker to give to the occupier of the land and to such other persons concerned with the land as may be specified in the order not less than twenty-four hours’ notice of any intended entry.

(4) Subject to subsection (3) above, a drought order may make any such provision in relation to provisions of the order authorising any person to enter any land as corresponds to provision having effect by virtue of section 173 below or to provision contained in Part II of Schedule 6 to the Water Industry Act 1991.

(5) Any works to be carried out under the authority of an emergency drought order shall be included in the definition of emergency works in section 52 of the New Roads and Street Works Act 1991.

(6) Until the coming into force of section 52 of the New Roads and Street Works Act 1991, subsection (5) above shall have effect as if the reference to that section were a reference to section 39(1) of the Public Utilities Street Works Act 1950; but nothing in this section shall be taken to prejudice the power of the Secretary of State under that Act of 1991 to make an order bringing that section 52 into force on different days for different purposes (including the purposes of this section).

Compensation and charges where drought order made

79

(1) Schedule 9 to this Act shall have effect with respect to the payment of compensation where a drought order has been made.

(2) Except as provided by Schedule 9 to this Act, neither the appropriate agency nor any water undertaker or sewerage undertaker shall incur any liability to any person for loss or damage sustained by reason of anything done in pursuance of any drought order or of any omission in pursuance of such an order.

(3) Nothing in any drought order shall affect the right of the appropriate agency, a water undertaker or a sewerage undertaker, in the event of an interruption or diminution of the supply of water, to recover any fixed or minimum charge which might have been recovered from any person by the appropriate agency or that undertaker if there had been no such interruption or diminution.

(4) Where a water undertaker makes an application for a drought order, the appropriate agency may recover from the water undertaker any expenses it incurs (whether of a revenue or capital nature)—

(a) in connection with any local inquiry held in respect of the application;

(b) in the exercise of the appropriate agency's functions so far as their exercise is attributable to the application and (if the order is made) to the order,

in so far as those expenses have not been recovered (whether from the water undertaker or not) under or by virtue of any other enactment.

(5) Sections 125 to 129 below shall not apply in respect of any charges which may be made under subsection (4) above.

Offences against drought order

80

(1) If any person—

(a) takes or uses water in contravention of a prohibition or limitation imposed by or under any drought order or takes or uses water otherwise than in accordance with any condition or restriction imposed by or under any drought order or by any drought permit; or

(b) discharges water otherwise than in accordance with any condition or restriction imposed by or under such an order,

he shall be guilty of an offence under this section.

(2) If any person—

(a) fails to construct or maintain in good order a gauge, weir or other apparatus for measuring the flow of water which he was required to construct or maintain by any drought order or drought permit; or

(b) fails to allow some person authorised for the purpose by or under any such order or by virtue of any such permit to inspect and examine any such apparatus or any records made thereby or kept by that person in connection therewith or to take copies of any such records,

he shall be guilty of an offence under this section.

(3) In any proceedings against any person for an offence under this section it shall be a defence for that person to show that he took all reasonable precautions and exercised all due diligence to avoid the commission of the offence.

(4) A person who is guilty of an offence under this section shall be liable—

(a) on summary conviction, to a fine not exceeding the statutory maximum;

(b) on conviction on indictment, to a fine.

Interpretation of Chapter III

81

In this Chapter—

(a) references to the taking of water include references to the collection, impounding, diversion or appropriation of water; and

(b) references to an obligation or to a restriction include references to an obligation or, as the case may be, to a restriction which is imposed by or under any enactment or agreement.

Part III — Control of Pollution of Water Resources

chapter I — QUALITY OBJECTIVES

Classification of quality of waters

82

(1) The Secretary of State may, in relation to any description of controlled waters (being a description applying to some or all of the waters of a particular class or of two or more different classes), by regulations prescribe a system of classifying the quality of those waters according to criteria specified in the regulations.

(2) The criteria specified in regulations under this section in relation to any classification shall consist of one or more of the following, that is to say—

(a) general requirements as to the purposes for which the waters to which the classification is applied are to be suitable;

(b) specific requirements as to the substances that are to be present in or absent from the water and as to the concentrations of substances which are or are required to be present in the water;

and for the purposes of any such classification regulations under this section may provide that the question whether prescribed requirements are satisfied may be determined by reference to such samples as may be prescribed.

Water quality objectives

83

(1) For the purpose of maintaining and improving the quality of controlled waters the Secretary of State may, by serving a notice on the appropriate agency specifying—

(a) one or more of the classifications for the time being prescribed under section 82 above; and

(b) in relation to each specified classification, a date,

establish the water quality objectives for any waters which are, or are included in, waters of a description prescribed for the purposes of that section.

(2) The water quality objectives for any waters to which a notice under this section relates shall be the satisfaction by those waters, on and at all times after each date specified in the notice, of the requirements which at the time of the notice were the requirements for the classification in relation to which that date is so specified.

(3) Where the Secretary of State has established water quality objectives under this section for any waters he may review objectives for those waters if—

(a) five years or more have elapsed since the service of the last notice under subsection (1) or (6) of this section to be served in respect of those waters; or

(b) the appropriate agency, after consultation with such water undertakers and other persons as it considers appropriate, requests a review;

and the Secretary of State shall not exercise his power to establish objectives for any waters by varying the existing objectives for those waters except in consequence of such a review.

(4) Where the Secretary of State proposes to exercise his power under this section to establish or vary the objectives for any waters he shall—

(a) give notice setting out his proposal and specifying the period (not being less than three months from the date of publication of the notice) within which representations or objections with respect to the proposal may be made; and

(b) consider any representations or objections which are duly made and not withdrawn;

and, if he decides, after considering any such representations or objections, to exercise his power to establish or vary those objectives, he may do so either in accordance with the proposal contained in the notice or in accordance with that proposal as modified in such manner as he considers appropriate.

(5) A notice under subsection (4) above shall be given—

(a) by publishing the notice in such manner as the Secretary of State considers appropriate for bringing it to the attention of persons likely to be affected by it; and

(b) by serving a copy of the notice on the appropriate agency.

(6) If, on a review under this section or in consequence of any representations or objections made following such a review for the purposes of subsection (4) above, the Secretary of State decides that the water quality objectives for any waters should remain unchanged, he shall serve notice of that decision on the appropriate agency.

General duties to achieve and maintain objectives etc

84

(1) It shall be the duty of the Secretary of State and of the appropriate agency to exercise the powers conferred on him or it by or under the water pollution provisions of this Act (other than the preceding provisions of this Chapter and sections 104 and 192 below) and by the Environmental Permitting Regulations in such manner as ensures, so far as it is practicable by the exercise of those powers to do so, that the water quality objectives specified for any waters in—

(a) a notice under section 83 above; or

(b) a notice under section 30C of the Control of Pollution Act 1974 (which makes corresponding provision for Scotland),

are achieved at all times.

(2) It shall be the duty of the appropriate agency, for the purposes of the carrying out of its functions under the water pollution provisions of this Act or under the Environmental Permitting Regulations —

(a) to monitor the extent of pollution in controlled waters; ...

(aa) in the case of the NRBW, to consult, in such cases as it may consider appropriate, with the Agency; and

(b) in the case of the Agency, to consult, in such cases as it may consider appropriate, with the Scottish Environment Protection Agency or with the NRBW.

CHAPTER II — POLLUTION OFFENCES

Principal offences

Offences of polluting controlled waters

85

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

Prohibition of certain discharges by notice or regulations

86

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

Discharges into and from public sewers etc

87

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

Defence to principal offences in respect of authorised discharges

88

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

Other defences to principal offences

89

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

Offences in connection with deposits and vegetation in rivers

90

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

Appeals in respect of consents under Chapter II

91

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

Chapter III — Powers to Prevent and Control Pollution

Requirements to take precautions against pollution

92

(1) The Secretary of State may by regulations make provision—

(a) for prohibiting a person from having custody or control of any poisonous, noxious or polluting matter unless prescribed works and prescribed precautions and other steps have been carried out or taken for the purpose of preventing or controlling the entry of the matter into any controlled waters;

(b) for requiring a person who already has custody or control of, or makes use of, any such matter to carry out such works for that purpose and to take such precautions and other steps for that purpose as may be prescribed.

(2) Without prejudice to the generality of the power conferred by subsection (1) above, regulations under that subsection may—

(a) confer power on the appropriate agency—

(i) to determine for the purposes of the regulations the circumstances in which a person is required to carry out works or to take any precautions or other steps; and

(ii) by notice to that person, to impose the requirement and to specify or describe the works, precautions or other steps which that person is required to carry out or take;

(b) provide for appeals to the Secretary of State against notices served by the appropriate agency in pursuance of provision made by virtue of paragraph (a) above; and

(c) provide that a contravention of the regulations shall be an offence the maximum penalties for which shall not exceed the penalties specified in regulation 39(1) of the Environmental Permitting Regulations.

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

Water protection zones

93

(1) Where the appropriate national authority considers that either or both of subsections (2) and (2A) is satisfied in relation to any area, it may by order make provision—

(a) designating that area as a water protection zone; and

(b) regulating the carrying on in that zone of such activities as may be specified or described in the order.

(1A) An order under this section may regulate activities carried on in a water protection zone by—

(a) prohibiting or restricting the carrying on of those activities in the zone; or

(b) imposing requirements on persons who carry on those activities in the zone to take such steps as may be specified or described in the order.

(1B) The power under subsection (1A)(b) is exercisable only for the purpose of achievement of any applicable environmental objectives.

(2) For the purposes of subsection (1) above this subsection is satisfied in relation to any area if ... it is appropriate, with a view to preventing or controlling the entry of any poisonous, noxious or polluting matter into controlled waters, to prohibit or restrict the carrying on in that area of activities which the appropriate national authority considers are likely to result in the pollution of any such waters.

(2A) For the purposes of subsection (1) this subsection is satisfied in relation to any area if it is appropriate, with a view to preventing or limiting any harm that is being or is likely to be caused to controlled waters, to regulate the carrying on in that area of activities which the appropriate national authority considers are likely to result in such harm.

(2B) In subsection (2A) “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 any environmental objectives applicable to those waters (whether by itself or in combination with other factors), other than an adverse impact caused by the entry into controlled waters of any poisonous, noxious or polluting matter.

(2C) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

(4) Without prejudice to the generality of the power conferred by virtue of subsection (1) above, an order under this section may—

(a) confer power on the appropriate agency to determine for the purposes of the order—

(i) the circumstances in which the carrying on of any activities is prohibited or restricted;

(ii) the circumstances in which any requirement to take steps is imposed on persons who carry on activities;

(iii) the activities to which any such prohibition or restriction or any such requirement (as the case may be) applies.

(b) apply a prohibition or restriction in respect of any activities to cases where the activities are carried on without the consent of the appropriate agency or in contravention of any conditions subject to which any such consent is given;

(c) provide that a contravention of a prohibition or restriction contained in the order or of a condition of a consent given for the purposes of any such prohibition or restriction or a failure to comply with a requirement to take steps contained in the order shall be an offence;

(d) provide (subject to any regulations under section 96 below) for anything falling to be determined under the order by the appropriate agency to be determined in accordance with such procedure and by reference to such matters and to the opinion of such persons as may be specified in the order;

(e) make different provision for different cases, including different provision in relation to different persons, circumstances or localities; and

(f) contain such supplemental, consequential and transitional provision as the appropriate national authority considers appropriate.

(4A) The maximum penalties for an offence created by subsection 4(c) shall not exceed—

(a) on summary conviction, a term of imprisonment for a term not exceeding three months or a fine not exceeding the statutory maximum (or both); and

(b) on conviction on indictment, imprisonment for a term not exceeding two years or a fine (or both).

(5) In this section, “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 an order under this section shall be exercisable by statutory instrument subject—

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

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

but neither the Secretary of State nor the Welsh Ministers shall make such an order except on an application made by the appropriate agency in accordance with Schedule 11 to this Act and otherwise in accordance with that Schedule.

(7) In this section—

“England” includes the territorial sea adjacent to England not forming any part of Wales and “Wales” has the meaning given by section 158(1) of the Government of Wales Act 2006;

“environmental objectives”—in relation to the Solway Tweed River Basin District, means the objectives as defined in regulation 2 of the Water Environment (Water Framework Directive) (Solway Tweed River Basin District) Regulations 2004 (S.I. 2004/99);in relation to the Northumbria River Basin District, means the objectives referred to in the WFD Regulations as applied and modified by regulation 5 of the Water Environment (Water Framework Directive) (Northumbria River Basin District) Regulations 2003 (S.I. 2003/3245);in relation to any other river basin district, within the meaning of the WFD Regulations, has the same meaning as in those regulations;

“hydromorphological quality element” has the same meaning as in the Water Framework Directive;

“the WFD Regulations” means the Water Environment (Water Framework Directive) (England and Wales) Regulations 2017 (S.I. 2017/407).

“the Water Framework Directive” means Directive 2000/60/EC of the European Parliament and of the Council establishing a framework for Community action in the field of water policy , as last amended by Commission Directive 2014/101/EU.

Nitrate sensitive areas

94

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

Agreements in nitrate sensitive areas

95

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

Regulations with respect to consents required by virtue of section 93 or 94

96

(1) The Secretary of State may, for the purposes of any orders under section 93 above which require the consent of the appropriate agency to the carrying on of any activities, by regulations make provision with respect to—

(a) applications for any such consent;

(b) the conditions of any such consent;

(d) appeals against determinations on any such application;

(e) the exercise by the Secretary of State of any power conferred on the appropriate agency by the orders;

(f) the imposition of charges where such an application has been made, such a consent has been given or anything has been done in pursuance of any such consent; and

(g) the registration of any such application or consent.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

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

Codes of good agricultural practice

97

(1) The Ministers may by order made by statutory instrument approve any code of practice issued (whether by either or both of the Ministers or by another person) for the purpose of—

(a) giving practical guidance to persons engaged in agriculture with respect to activities that may affect controlled waters; and

(b) promoting what appear to them to be desirable practices by such persons for avoiding or minimising the pollution of any such waters,

and may at any time by such an order approve a modification of such a code or withdraw their approval of such a code or modification.

(2) A contravention of a code of practice as for the time being approved under this section shall not of itself give rise to any criminal or civil liability, but the appropriate agency shall take into account whether there has been or is likely to be any such contravention in determining when and how it should exercise—

(a) its relevant functions, in relation to water discharge activities, under the Environmental Permitting Regulations;

(b) any powers conferred on the appropriate agency by regulations under section 92 above.

(3) The Ministers shall not make an order under this section unless they have first consulted the appropriate agency.

chapter IV — SUPPLEMENTAL PROVISIONS WITH RESPECT TO WATER POLLUTIONS

Radioactive substances

98

(1) Except as provided by regulations made by the Secretary of State under this section, nothing in this Part shall apply in relation to radioactive waste within the meaning of the Environmental Permitting Regulations.

(2) The Secretary of State may by regulations—

(a) provide for prescribed provisions of this Part to have effect with such modifications as he considers appropriate for dealing with such waste;

(b) make such modifications of the Environmental Permitting Regulations or, in relation to such waste, of any other enactment as he considers appropriate in consequence of the provisions of this Part and of any regulations made by virtue of paragraph (a) above.

Consents required by the Authority

99

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

Civil liability in respect of pollution and savings

100

Except in so far as this Part expressly otherwise provides and subject to the provisions of section 18 of the Interpretation Act 1978 (which relates to offences under two or more laws), nothing in this Part—

(a) confers a right of action in any civil proceedings (other than proceedings for the recovery of a fine) in respect of any contravention of this Part or any subordinate legislation, consent or other instrument made, given or issued under this Part;

(b) derogates from any right of action or other remedy (whether civil or criminal) in proceedings instituted otherwise than under this Part; or

Limitation for summary offences under Part III

101

Notwithstanding anything in section 127 of the Magistrates’ Courts Act 1980 (time limit for summary proceedings), a magistrates’ court may try any summary offence under this Part, or under any subordinate legislation made under this Part, if the information is laid not more than twelve months after the commission of the offence.

Power to give effect to international obligations

102

The Secretary of State shall have power by regulations to provide that the water pollution provisions of this Act shall have effect with such modifications as may be prescribed for the purpose of ...—

(a) giving effect to any assimilated obligations, or

(b) enabling Her Majesty's Government in the United Kingdom to give effect to any international agreement to which the United Kingdom is for the time being a party.

Transitional pollution provisions

103

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

Meaning of “controlled waters” etc. in Part III

104

(1) References in this Part to controlled waters are references to waters of any of the following classes—

(a) relevant territorial waters, that is to say, subject to subsection (4) below, the waters which extend seaward for three miles from the baselines from which the breadth of the territorial sea adjacent to England and Wales is measured;

(b) coastal waters, that is to say, any waters which are within the area which extends landward from those baselines as far as—

(a) the limit of the highest tide; or

(b) in the case of the waters of any relevant river or watercourse, the fresh-water limit of the river or watercourse,

together with the waters of any enclosed dock which adjoins waters within that area;

(c) inland freshwaters, that is to say, the waters of any relevant lake or pond or of so much of any relevant river or watercourse as is above the fresh-water limit;

(d) ground waters, that is to say, any waters contained in underground strata;

and, accordingly, in this Part “coastal waters”, “controlled waters”, “ground waters”, “inland freshwaters” and “relevant territorial waters” have the meanings given by this subsection.

(2) In this Part any reference to the waters of any lake or pond or of any river or watercourse includes a reference to the bottom, channel or bed of any lake, pond, river or, as the case may be, watercourse which is for the time being dry.

(3) In this section—

“fresh-water limit”, in relation to any river or watercourse, means the place for the time being shown as the fresh-water limit of that river or watercourse in the latest map deposited for that river or watercourse under section 192 below;

“miles” means international nautical miles of 1,852 metres;

“lake or pond” includes a reservoir of any description;

“relevant lake or pond” means (subject to subsection (4) below) any lake or pond which (whether it is natural or artificial or above or below ground) discharges into a relevant river or watercourse or into another lake or pond which is itself a relevant lake or pond;

“relevant river or watercourse” means (subject to subsection (4) below) any river or watercourse (including an underground river or watercourse and an artificial river or watercourse) which is neither a public sewer nor a sewer or drain which drains into a public sewer.

(4) The Secretary of State may by order provide—

(a) that any area of the territorial sea adjacent to England and Wales is to be treated as if it were an area of relevant territorial waters for the purposes of this Part and of any other enactment in which any expression is defined by reference to the meanings given by this section;

(b) that any lake or pond which does not discharge into a relevant river or watercourse or into a relevant lake or pond is to be treated for those purposes as a relevant lake or pond;

(c) that a lake or pond which does so discharge and is of a description specified in the order is to be treated for those purposes as if it were not a relevant lake or pond;

(d) that a watercourse of a description so specified is to be treated for those purposes as if it were not a relevant river or watercourse.

(5) An order under this section may—

(a) contain such supplemental, consequential and transitional provision as the Secretary of State considers appropriate; and

(b) make different provision for different cases, including different provision in relation to different persons, circumstances or localities.

(6) The power of the Secretary of State to make an order under this section shall be exercisable by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.

Part IV — FLOOD DEFENCE

General

General functions with respect to flood defence

105

(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) For the purpose of carrying out its flood defence functions the appropriate agency shall from time to time carry out surveys of the areas in relation to which it carries out those functions.

(3) In the exercise of the powers conferred by the following provisions of this Part and the other flood defence provisions of this Act due regard shall be had to the interests of fisheries, including sea fisheries.

(4) Nothing in the following provisions of this Part or the other flood defence provisions of this Act shall prejudice or affect the provisions of Part V of this Act or the Salmon and Freshwater Fisheries Act 1975 or any right, power or duty conferred or imposed by that Part or that Act.

Obligation to carry out flood defence functions through committees

106

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

Main river functions

Main river functions under the Land Drainage Act 1991

107

(1) This section has effect for conferring functions in relation to main rivers on the appropriate agency which are functions of drainage boards in relation to other watercourses.

(2) Notwithstanding subsection (3) of section 21 of the Land Drainage Act 1991 (power to secure compliance with drainage obligations), the powers of the appropriate agency in relation to a main river shall, by virtue of this section, include the powers which under that section are exercisable otherwise than in relation to a main river by the drainage board concerned; and the provisions of that section shall have effect accordingly.

(3) The powers of the appropriate agency in relation to a main river shall, by virtue of this section, include the powers which under section 25 of the Land Drainage Act 1991 (powers for securing the maintenance of flow of watercourses) are exercisable in relation to an ordinary watercourse by the drainage board concerned; and the provisions of that section and section 27 of that Act shall have effect accordingly.

(4) Sections 33 and 34 of the Land Drainage Act 1991 (commutation of obligations) shall have effect where—

(a) any person is under an obligation imposed on him by reason of tenure, custom, prescription or otherwise to do any work in connection with the drainage of land (whether by way of repairing banks or walls, maintaining watercourses or otherwise); and

(b) that work is in connection with a main river,

as they have effect in relation to an obligation to do work otherwise than in connection with a main river but as if the appropriate agency were under a duty to take steps to commute the obligation and the references in those sections to the drainage board for the internal drainage district where the works fall to be done were omitted.

(5) In this section—

(a) references to the exercise of a power in relation to a main river shall include a reference to its exercise in connection with a main river or in relation to the banks of such a river or any drainage works in connection with such a river; and

(b) expressions used both in this section and in a provision applied by this section have the same meanings in this section as in that provision.

(6) The functions of the appropriate agency by virtue of this section are in addition to the functions of the appropriate agency which by virtue of the provisions of the Land Drainage Act 1991 are exercisable by the appropriate agency concurrently with an internal drainage board.

Schemes for transfer to the Authority of functions in relation to main river

108

(1) The appropriate agency may at any time prepare and submit to either of the Ministers for confirmation a scheme making provision for the transfer to the appropriate agency from any drainage body of—

(a) all rights, powers, duties, obligations and liabilities (including liabilities incurred in connection with works) over or in connection with a main river; and

(b) any property held by the drainage body for the purpose of, or in connection with, any functions so transferred;

and the appropriate agency shall prepare such a scheme and submit it to one of the Ministers if it is directed to do so by that Minister.

(2) A scheme prepared and submitted under subsection (1) above may make provisions for any matter supplemental to or consequential on the transfers for which the scheme provides.

(3) The Minister to whom a scheme is submitted under this section may by order made by statutory instrument confirm that scheme; and Schedule 14 to this Act shall have effect with respect to the procedure to be followed in connection with the making of such an order and with respect to challenges to such orders.

(4) An order under this section may contain provisions with respect to the persons by whom all or any of the expenses incurred by the Ministers or other persons in connection with the making or confirmation of the order, or with the making of the scheme confirmed by the order, are to be borne.

(5) Where, under a scheme made by the appropriate agency under this section, liabilities incurred in connection with drainage works are transferred to the appropriate agency from a local authority, the appropriate agency may require the local authority to make contributions to the appropriate agency towards the discharge of the liabilities.

(6) If the amount to be paid by a local authority by way of contributions required under subsection (5) above is not agreed between the appropriate agency and the local authority, it shall be referred to the arbitration of a single arbitrator appointed—

(a) by agreement between them; or

(b) in default of agreement, by the Ministers.

(7) The relevant Minister shall by regulations provide for the payment, subject to such exceptions or conditions as may be specified in the regulations, of compensation by the appropriate agency to any officer or other employee of a drainage body who suffers loss of employment or loss or diminution of emoluments which is attributable to a scheme under this section or anything done in pursuance of such a scheme.

(8) Regulations under subsection (7) above may include provision—

(a) as to the manner in which and the persons to whom any claim for compensation by virtue of the regulations is to be made; and

(b) for the determination of all questions arising under the regulations.

(9) In this section—

“drainage body” means an internal drainage board or any other body having power to make or maintain works for the drainage of land;

“the relevant Minister”—

(a) in relation to employees of a drainage body wholly in Wales, means the Secretary of State;

(b) in relation to employees of a drainage body partly in Wales, means the Ministers; and

Structures in, over or under a main river

109

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

Applications for consents and approvals under section 109

110

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

Arrangements with certain authorities

111

(1) Subject to subsection (2) below, the appropriate agency, with a view to improving the drainage of any land, may enter into an arrangement with a navigation authority or conservancy authority for any of the following purposes, that is to say—

(a) the transfer to the appropriate agency of—

(i) the whole or any part of the undertaking of the navigation authority or conservancy authority or of any of the rights, powers, duties, liabilities and obligations of that authority; or

(ii) any property vested in that authority as such;

(b) the alteration or improvement by the appropriate agency of any of the works of the navigation authority or conservancy authority;

(c) the making of payments by the appropriate agency to the navigation authority or conservancy authority or by that authority to the appropriate agency in respect of any matter for which provision is made by the arrangement.

(2) The exercise by the appropriate agency of its power to enter into an arrangement under this section shall require the approval of the Ministers.

(3) Where the appropriate agency is intending to enter into an arrangement under this section it shall publish a notice of its intention in such manner as may be directed by either of the Ministers.

(4) Where an arrangement has been made under this section, the appropriate agency shall cause a notice under subsection (5) below to be published in the London Gazette in such form as may be prescribed by regulations made by one of the Ministers.

(5) A notice under this subsection is a notice—

(a) stating that the arrangement has been made; and

(b) specifying the place at which a copy of the arrangement may be inspected by persons interested.

Supplemental

Flood defence regulations

112

The Ministers shall each have power by regulations to make provision generally for the purpose of carrying into effect the provisions of this Part and the other flood defence provisions of this Act.

Interpretation of Part IV

113

(1) In this Part—

“banks” means banks, walls or embankments adjoining or confining, or constructed for the purposes of or in connection with, any channel or sea front, and includes all land and water between the bank and low-watermark;

“drainage” includes—

(a) defence against water, including sea water;

(b) irrigation other than spray irrigation; . . .

(d) the carrying on, for any purpose, of any other practice which involves management of the level of water in a watercourse;

“flood defence” means the drainage of land and the provision of flood warning systems;

“main river” (subject to section 137(4) below) means a watercourse shown as such on the main river map for England or the main river map for Wales and includes any structure or appliance for controlling or regulating the flow of water into, in or out of the channel which—

(a) is a structure or appliance situated in the channel or in any part of the banks of the channel; and

(b) is not a structure or appliance vested in or controlled by an internal drainage board;

(2) If any question arises under this Part—

(a) whether any work is a drainage work in connection with a main river; or

(b) whether any proposed work will, if constructed, be such a drainage work,

the question shall be referred to one of the Ministers for decision or, if either of the parties so requires, to arbitration.

(3) Where any question is required under subsection (2) above to be referred to arbitration it shall be referred to the arbitration of a single arbitrator appointed—

(a) by agreement between the parties; or

(b) in default of agreement, by the President of the Institution of Civil Engineers, on the application of either party.

(4) Nothing in this Part shall affect the powers exercisable by the appropriate agency under any local Act, as they existed immediately before the coming into force of this Act.

Part V — GENERAL CONTROL OF FISHERIES

General fisheries duty of the Authority

114

Fisheries orders

115

(1) Subject to the following provisions of this section, each of the Ministers shall have power, on an application made to him by the appropriate agency, by order made by statutory instrument to make provision in relation to an area defined by the order for the modification, in relation to the fisheries in that area—

(a) of any provisions of the Salmon and Freshwater Fisheries Act 1975 (as amended by the Marine and Coastal Access Act 2009) relating to the regulation of fisheries;

(b) of section 142 or 156 below or paragraph 6 or 7 of Schedule 25 to this Act (as so amended) ; or

(2) An order under this section—

(a) may contain such supplemental, consequential and transitional provision, including provision for the payment of compensation to persons injuriously affected by the order, as may appear to be necessary or expedient in connection with the other provisions of the order; but

(b) shall not apply to any waters in respect of which either of the Ministers has granted a licence under section 29 of the Salmon and Freshwater Fisheries Act 1975 (fish rearing licences).

(3) Before either of the Ministers makes an order under this section he shall—

(a) send to the appropriate agency a copy of the draft order; and

(b) notify the appropriate agency of the time within which, and the manner in which, objections to the draft order may be made to him.

(4) Neither of the Ministers shall make an order under this section unless the appropriate agency has caused notice of—

(a) that Minister’s intention to make the order;

(b) the place where copies of the draft order may be inspected and obtained; and

to be published in the London Gazette and, if it is directed to do so by one of the Ministers, in such other manner as that Minister thinks best adapted for informing persons affected.

(5) Before either of the Ministers makes an order under this section he-

(a) shall consider any objection which may be duly made to the draft order; and

(b) may cause a public local inquiry to be held with respect to any such objections.

(6) A statutory instrument containing an order under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament; and, where a statutory instrument is laid before Parliament for the purposes of this paragraph, a copy of the report of any local inquiry held with respect to objections considered in connection with the making of the order contained in that instrument shall be so laid at the same time.

(7) Where—

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Water Resources Act 1991

Compensation where licence modified on direction of the Secretary of State

61

Compensation for owner of fishing rights applying under section 55

62

Secretary of State to indemnify Authority in certain cases

63

Supplemental provisions of Chapter II

Abstracting and impounding by the Authority

64

Licences of right

65

Inland waters owned or managed by British Waterways Board

66

Ecclesiastical property

67

Provision for appeals and references to tribunal

68

Validity of decisions of Secretary of State and related proceedings

69

Civil liability under Chapter II

70

Modification of local enactments

71

Interpretation of Chapter II

72

chapter III — DROUGHT

Power to make ordinary and emergency drought orders

73

Provisions and duration of ordinary drought order

74

Provisions and duration of emergency drought order

75

Provisions of drought order restricting use of water

76

Provisions of drought order with respect to abstractions and discharges

77

Works under drought orders

78

Compensation and charges where drought order made

79

Offences against drought order

80

Interpretation of Chapter III

81

Part III — Control of Pollution of Water Resources

chapter I — QUALITY OBJECTIVES

Classification of quality of waters

82

Water quality objectives

83

General duties to achieve and maintain objectives etc

84

CHAPTER II — POLLUTION OFFENCES

Principal offences

Offences of polluting controlled waters

85

Prohibition of certain discharges by notice or regulations

86

Discharges into and from public sewers etc

87

Defence to principal offences in respect of authorised discharges

88

Other defences to principal offences

89

Offences in connection with deposits and vegetation in rivers

Offences in connection with deposits and vegetation in rivers

90

Appeals in respect of consents under Chapter II

Appeals in respect of consents under Chapter II

91

Chapter III — Powers to Prevent and Control Pollution

Requirements to take precautions against pollution

92

Water protection zones

93

Nitrate sensitive areas

94

Agreements in nitrate sensitive areas

95