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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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Reform history JSON API

(a) any fishery, land or foreshore proposed to be comprised in an order under this section making provision, by virtue of subsection (1)(b) above, for the modification of section 156 below in relation to fisheries in an area; or

(b) any fishery proposed to be affected by any such order; or

belongs to Her Majesty in right of the Crown or forms part of the possessions of the Duchy of Lancaster or the Duchy of Cornwall or belongs to, or is under the management of, any government department, the order may be made by one of the Ministers only if he has previously obtained the consent of the appropriate authority.

(8) In subsection (7) above “the appropriate authority”—

(a) in the case of any foreshore under the management of the Crown Estate Commissioners or of any fishery or land belonging to Her Majesty in right of the Crown, means those Commissioners;

(b) in the case of any foreshore, fishery or land forming part of the possessions of the Duchy of Lancaster, means the Chancellor of the Duchy;

(c) in the case of any foreshore, fishery or land forming part of the possessions of the Duchy of Cornwall, means the Duke of Cornwall or the persons for the time being empowered to dispose for any purpose of the land of the Duchy;

(d) in the case of any foreshore, fishery or land which belongs to or is under the management of a government department, means that government department.

(9) In this section “foreshore” includes the shore and bed of the sea and of every channel, creek, bay, estuary and navigable river as far as the tide flows.

Power to give effect to international obligations

116

(1) Each of the Ministers shall have power by regulations to provide that the provisions of this Part or of any other enactment relating to the carrying out by the appropriate agency of such of its functions as relate to fisheries shall have effect with such modifications as may be prescribed by the regulations 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.

(2) In subsection (1), the reference to functions includes any functions conferred on the appropriate agency by virtue of the Marine and Coastal Access Act 2009.

Part VI — FINANCIAL PROVISIONS IN RELATION TO THE APPROPRIATE AGENCY

chapter I — GENERAL FINANCIAL PROVISIONS

General financial duties

117

Special duties with respect to flood defence revenue

118

(1) Revenue raised by the appropriate agency as mentioned in subsection (2) below—

(a) shall, except for any amount falling within subsection (3) below, be spent only in the carrying out of the appropriate agency's flood and coastal erosion risk management functions, within the meaning of Part 1 of the Flood and Water Management Act 2010, in or for the benefit of the flood risk management region in which it is raised; ...

(b) where the appropriate agency is the Agency, shall be disregarded in determining the amount of any surplus for the purposes of section 44(4) ofthe 1995 Act ; and

(c) where the appropriate agency is the NRBW, shall be disregarded in determining the amount of any surplus for the purposes of article 13 of the Natural Resources Body for Wales (Establishment) Order 2012 (S.I.2012/1903).

(2) The revenue referred to in subsection (1) above is revenue raised by the appropriate agency in a flood risk management region—

(a) by virtue of any regulations under section 74 of the Local Government Finance Act 1988 (power to issue levies);

(b) by general drainage charges under sections 134 and 135 below;

(d) by contributions required under section 139(1) below.

(3) An amount falls within this subsection if it is an amount which the appropriate agency considers it appropriate—

(a) to set aside towards research or related activities or towards meeting the appropriate agency's administrative expenses; ...

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) Any amount specified in a resolution under section 58(1)(b) of the Land Drainage Act 1991 in relation to any flood risk management region (allocation of revenue in lieu of contributions) shall be treated for the purposes of this section as if it were revenue actually raised by contributions required under section 139(1) below.

(5) For the purposes of this section, the following sums, that is to say—

(a) any sums held by the appropriate agency by virtue of any transfer of property, rights or liabilities from a water agency in accordance with a scheme under Schedule 2 to the Water Act 1989, in so far as those sums represent amounts which the water agency was required by virtue of paragraph 31 of Schedule 3 to the Water Act 1973 to spend only in the discharge of their land drainage functions in or for the benefit of a particular local land drainage district; and

(b) any sums raised by the appropriate agency in a flood risk management region by virtue of a precept issued under section 46 of the Land Drainage Act 1976,

shall be treated as revenue raised by the appropriate agency as mentioned in subsection (2) above in the corresponding flood risk management region or, as the case may be, in that local flood defence district.

(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7) In this section “flood risk management region” —

(a) in relation to the Agency, means the region of a Regional Flood and Coastal Committee, within the meaning of section 22 of the Flood and Water Management Act 2010 , and

(b) in relation to the NRBW, means Wales, within the meaning of section 158 of the Government of Wales Act 2006.

Duties with respect to certain funds raised under local enactments

119

(1) Where the Agency holds any funds, or any interest in any funds, which immediately before the transfer date the National Rivers Authority, by virtue of this subsection as originally enacted, was not permitted to use except for particular purposes, those funds or that interest shall not be used except for the purposes for which they could be used by virtue of this subsection as originally enacted.

(1A) For the purposes of subsection (1) above, “the transfer date” has the same meaning as in Part I of the 1995 Act.

(2) Any funds to which subsection (1) above applies shall be disregarded in determining the amount of any surplus under section 44(3) of the 1995 Act.

Contributions between the Authority and certain other authorities

120

(1) Where, on the application of a navigation authority, harbour authority or conservancy authority, it appears to the appropriate agency that any works constructed or maintained by the applicants have made, or will make, a beneficial contribution towards the fulfilment of the purposes of the appropriate agency's water resources functions, the appropriate agency shall contribute towards the expenditure incurred or to be incurred by the applicants in constructing or maintaining those works.

(2) Where, on the application of the appropriate agency, it appears to a navigation authority, harbour authority or conservancy authority that any works constructed or maintained by the appropriate agency in the carrying out of its water resources functions have made, or will make, a beneficial contribution towards the carrying out of the functions of the authority to whom the application is made, that authority shall contribute to the appropriate agency towards the expenditure incurred or to be incurred by the appropriate agency in constructing or maintaining those works.

(3) Subject to the following provisions of this section, the sums to be paid by way of contribution and the terms and conditions on which they are to be paid shall be such as the appropriate agency and the other authority concerned may agree to be appropriate.

(4) If on any application under this section—

(a) the appropriate agency or, as the case may be, the other authority to whom the application is made refuses to make a contribution; or

(b) the appropriate agency and the other authority concerned are unable to agree as to the sums to be contributed or the terms and conditions on which they are to be contributed,

the appropriate agency or the other authority concerned may refer the matter in dispute to the Secretary of State.

(5) On a reference under subsection (4) above the Secretary of State may either—

(a) determine that matter himself; or

(b) refer it for determination to an arbitrator appointed by him for the purpose;

and where any decision has been made by the Secretary of State or an arbitrator under this subsection, the decision shall be final and a contribution shall be made in accordance with the decision as if the sums, terms or conditions determined under this subsection had been agreed to be appropriate as mentioned in subsection (3) above.

(6) Any expenditure incurred by a navigation authority, harbour authority or conservancy authority in paying any contribution under this section shall be defrayed in the like manner as any corresponding expenditure of that authority; and that authority shall have the same powers for the purpose of raising money required for paying any such contribution as they would have for the purpose of raising money required for defraying any corresponding expenditure of that authority.

(7) In subsection (6) above the references to corresponding expenditure of a navigation authority, harbour authority or conservancy authority, in relation to the payment of a contribution in respect of any works, are references to expenditure incurred by the authority in performing the functions in respect of which it is claimed by the appropriate agency that the works have made, or will make, such a beneficial contribution as is mentioned in subsection (2) above.

(8) References in this section to the water resources functions of the appropriate agency are references to the functions of the appropriate agency under Part II of this Act or under any provisions not contained in that Part which are related water resources provisions in relation to Chapter II of that Part.

Accounts of the Authority

121

Audit

122

chapter II — REVENUE PROVISIONS

Water resources charges

Power to make scheme imposing water resources charges

123

Approval of scheme under section 123

124

Specific exemptions from water resources charges

125

(1) No charges, other than those for the purpose of recovering administrative expenses attributable to the exercise by the appropriate agency of its functions in relation to the application for the licence, shall be levied in respect of water authorised by a licence to be abstracted for use in the production of electricity or any other form of power by any generating station or apparatus of a capacity of not more than five megawatts.

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

Agreements containing exemptions from charges

126

(1) The appropriate agency may, on the application of any person who is liable to pay charges to the appropriate agency for the abstraction of water under a licence under Chapter II of Part II of this Act, make an agreement with him either exempting him from the payment of charges or providing for charges to be levied on him at reduced rates specified in the agreement.

(2) In the exercise of its powers under subsection (1) above in relation to any person, the appropriate agency shall have regard to—

(a) the extent to which any works constructed at any time by that person or any works to be constructed by him have made, or will make, a beneficial contribution towards the fulfilment of the purposes of the functions of the appropriate agency under any enactment;

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

(3) The Secretary of State may give directions as to the exercise by the appropriate agency of its powers under subsection (1) above.

(4) Without prejudice to the exercise of the power conferred by subsection (3) above, if on any application under this section—

(a) the appropriate agency refuses to make an agreement with the applicant as mentioned in subsection (1) above; or

(b) the applicant objects to the terms of such an agreement as proposed by the appropriate agency and that objection is not withdrawn,

the applicant or the appropriate agency may refer the question in dispute to the Secretary of State.

(5) On a reference under subsection (4) above—

(a) the Secretary of State shall determine the question in dispute, having regard to the matters to which, in accordance with subsection (2) above, the appropriate agency was required to have regard in relation to the applicant; and

(b) may give directions to the appropriate agency requiring it to make an agreement with the applicant in accordance with his decision.

(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7) Any decision of the Secretary of State on a reference under subsection (4) above shall be final; and section 69 above shall apply in relation to the decision on a reference under this section as it applies in relation to a decision on a reference such as is mentioned in subsection (1)(b) of that section, but as if references to the other party were references to the applicant.

Special charges in respect of spray irrigation

127

(1) Where a person (“the applicant”) is for the time being the holder of a licence under Chapter II of Part II of this Act to abstract water (“the applicant’s licence"), and in accordance with the provisions of that licence—

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

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

the applicant may apply to the appropriate agency to make an agreement with him under this section and, subject to the following provisions of this section and sections 128 and 129 below, the appropriate agency may make such an agreement accordingly.

(2) During any period for which an agreement under this section is in force, the following charges shall be payable by the applicant to the appropriate agency in respect of the applicant’s licence, in so far as it relates to water authorised to be abstracted and used on the relevant land, that is to say—

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

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

(3) In determining—

(a) whether to make an agreement with the applicant under this section; and

(b) the charges to be leviable under such an agreement,

the appropriate agency shall have regard to the extent to which, in any year within the period proposed to be specified in the agreement as the period for which it is made, the quantity of water referred to in paragraph (a) of subsection (2) above is likely to exceed the quantity referred to in paragraph (b) of that subsection.

(4) Where the applicant’s licence authorises water abstracted in pursuance of the licence to be used on the relevant land for purposes which include spray irrigation and other purposes—

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

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

(c) in subsection (3) above any reference to either of those paragraphs shall be construed as a reference to that paragraph as modified by paragraph (b) of this subsection.

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

(a) the reference in that subsection to the provisions of the applicant’s licence shall be construed as a reference to the proposals contained in the application for a licence; and

(b) any other reference in this section or in section 128 or 129 below to the applicant’s licence shall be construed as a reference to any licence granted to the applicant in pursuance of the application mentioned in paragraph (a) above or in pursuance of an appeal consequential upon the application so mentioned.

(6) In this section and sections 128 and 129 below—

“the applicant” and “the applicant’s licence” shall be construed, subject to subsection (5) above, in accordance with subsection (1) above;

“the relevant land” means the land on which the applicant’s licence, as for the time being in force, authorises water abstracted in pursuance of the licence to be used for purposes which consist of or include spray irrigation; and

“year” means a period of twelve months beginning—

(a) with the date on which an agreement under this section comes into force or is proposed to come into force; or

(b) with an anniversary of that date.

Duration of agreement under section 127

128

(1) The period specified in an agreement under section 127 above as the period for which it is made shall not be less than five years.

(2) An agreement under section 127 above shall remain in force until the occurrence of whichever of the following events first occurs, that is to say—

(a) the period specified in the agreement, as mentioned in subsection (1) above, comes to an end;

(b) the applicant’s licence expires or is revoked;

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

(d) the agreement is terminated under subsection (4) below.

(3) At any time while an agreement under section 127 above is in force, the applicant may apply to the appropriate agency to terminate the agreement.

(4) If, on an application for the termination of an agreement under section 127 above, the appropriate agency is satisfied that, by reason of any change of circumstances since the agreement was made, it ought to be terminated, it may terminate the agreement, either unconditionally or subject to such conditions (whether as to any payment to be made by the applicant or otherwise) as the appropriate agency and the applicant may agree.

Directions and appeals with respect to exercise of powers under sections 127 and 128

129

(1) The Secretary of State may give directions as to the exercise by the appropriate agency of its powers under sections 127 and 128 above.

(2) Without prejudice to the exercise of the power conferred by subsection (1) above, if on any application under section 127 or 128 above—

(a) the appropriate agency refuses to make or terminate an agreement under section 127 above; or

(b) the applicant objects to the proposals of the appropriate agency —

(i) as to the terms of such an agreement; or

(ii) as to the conditions subject to which such an agreement is to be terminated,

and that objection is not withdrawn,

the applicant or the appropriate agency may refer the question in dispute to the Secretary of State.

(3) On a reference under subsection (2) above—

(a) the Secretary of State shall determine the question in dispute, having regard to the matters to which, in accordance with subsection (3) of section 127 above, the appropriate agency would be required to have regard in relation to the applicant on an application under that section; and

(b) may give directions to the appropriate agency requiring it to make an agreement with the applicant in accordance with his decision.

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

(5) Any decision of the Secretary of State on a reference under subsection (2) above shall be final; and section 69 above shall apply in relation to the decision on a reference under this section as it applies in relation to a decision on a reference such as is mentioned in subsection (1)(b) of that section, but as if references to the other party were references to the applicant.

Charges in respect of abstraction from waters of British Waterways Board

130

(1) Where Canal & River Trust are the holders of a licence under Chapter II of Part II of this Act authorising abstraction from any inland waters to which section 66 above applies, then, the charges which, apart from this subsection, would be payable in respect of that licence either—

(a) shall be reduced to such extent, and as so reduced shall be payable subject to such conditions; or

(b) shall not be payable,

as Canal & River Trust and the appropriate agency may agree or, in default of such agreement, the Secretary of State may determine.

(2) Where—

(a) a person other than Canal & River Trust is the holder of a licence under Chapter II of Part II of this Act authorising abstraction from any inland waters to which section 66 above applies; and

(b) any charges in respect of that licence are payable,

the appropriate agency shall pay to Canal & River Trust such proportion of those charges, subject to such conditions, as Canal & River Trust and the appropriate agency may agree, or, in default of such agreement, the Secretary of State may determine.

Charges in connection with control of pollution

Power to make scheme of charges

131

Approval of scheme under section 131

132

Levies by the Agency on local authorities

Power to authorise the Authority to issue levies

133

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

General drainage charges

Raising of general drainage charges

134

(1) Subject to subsection (2) below, the appropriate agency may raise at an amount per hectare of chargeable land in a flood risk management region a charge to be known as a general drainage charge and to be levied in accordance with sections 135 and 136 below.

(2) The Agency shall not levy a general drainage charge in respect of any flood risk management region unless the Regional Flood and Coastal Committee for that region have recommended that such a charge should be raised.

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

Amount, assessment etc. of general drainage charge

135

(1) A general drainage charge raised by the appropriate agency for a flood risk management region for any year shall be at a uniform amount per hectare of chargeable land in that region.

(2) The uniform amount referred to in subsection (1) above shall be ascertained, subject to subsection (3) below, by multiplying the relevant quotient . . . by one penny and by such number as may be specified by either of the Ministers by order made for the purposes of this subsection.

(3) The number specified in an order under this section for the purposes of subsection (2) above shall (apart from any adjustment made to it to take account of rough grazing land) be such as the Minister making the order considers will secure, so far as reasonably practicable, that the amount specified in paragraph (a) below will be equal to the amount specified in paragraph (b) below, that is to say—

(a) the aggregate amount produced by any charge levied by reference to a relevant quotient . . .; and

(b) the aggregate amount which, if the chargeable land in the flood risk management region had been liable to be rated for the financial year beginning in 1989, would have been produced by a rate levied on the land at an amount in the pound (of rateable value) equal to that quotient multiplied by one penny.

(4) An order under this section may be made so as to apply either—

(a) to all general drainage charges; or

(b) to the general drainage charges proposed to be raised in any one or more flood risk management regions specified in the order;

and any such order applying to more than one flood risk management region may make different provision as respects the different flood risk management regions to which it applies.

(5) Schedule 15 to this Act shall have effect with respect to the assessment, incidence, payment and enforcement of general drainage charges.

(6) The power of each of the Ministers 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.

(7) In this section “relevant quotient” means a quotient determined for the year concerned in accordance with rules contained in regulations made by either of the Ministers.

Determination of the relevant quotient

136

Special drainage charges

Special drainage charges in interests of agriculture

137

(1) Where it appears to the appropriate agency that the interests of agriculture require the carrying out, improvement or maintenance of drainage works in connection with any watercourses in any flood risk management region, the appropriate agency may submit to either of the Ministers for confirmation a scheme under this section with respect to those watercourses.

(2) A scheme under this section with respect to any watercourses is a scheme—

(a) designating those watercourses, and any watercourses connected with them, for the purposes of this section; and

(b) making provision for the raising, in accordance with section 138 below, of a charge (known as a “special drainage charge”) for the purpose of meeting the expenses of drainage works in connection with the designated watercourses and any expenses arising from such works.

(3) A scheme under this section shall designate for the purposes of the special drainage charge so much of the flood risk management region as consists of land which, in the opinion of the appropriate agency, is agricultural land that would benefit from drainage works in connection with the designated watercourses.

(4) The watercourses designated in any scheme under this section shall, if the scheme is confirmed, be treated for the purposes of this Act and the Land Drainage Act 1991 as part of a main river.

(5) A scheme under this section-

(a) may make provision for any of the matters referred to in subsections (1) and (2) of section 108 above; and

(b) may provide for the revocation or amendment of, and for the retransfer of property, rights, powers, duties, obligations and liabilities transferred by, any previous scheme under this section.

(6) Schedule 16 to this Act shall have effect with respect to the making and confirmation of schemes under this section.

(7) For the purposes of this section—

(a) the reference to expenses of drainage works is a reference to expenses incurred in the construction, improvement or maintenance of drainage works;

(b) the expenses of any drainage works which may be necessary in consequence of other drainage works, and so much of any contribution made under section 57 of the Land Drainage Act 1991 as is fairly attributable to such expenses, shall be deemed to be expenses arising from those other drainage works; and

(c) the expenses of any drainage works shall be taken (without prejudice to section 221(5) below) to include a proper proportion of the cost of the officers and buildings and establishment of the authority carrying them out.

(8) In this section and Schedule 16 to this Act “watercourse” has the same meaning as in Part IV of this Act.

Levying and amount of special drainage charge

138

(1) A special drainage charge shall be levied by the appropriate agency in respect of chargeable land included in the area designated for the purposes of the charge by the scheme authorising it (“the relevant chargeable land").

(2) The special drainage charge raised for any year shall be at a uniform amount per hectare of the relevant chargeable land.

(3) The uniform amount referred to in subsection (2) above shall be determined by the Regional Flood and Coastal Committee for the flood risk management region within which is the area which includes the relevant chargeable land (where that land is in England) or by the NRBW (where the relevant chargeable land is in Wales) but shall exceed neither—

(a) an amount to be specified in the scheme as the maximum amount of the charge or such greater amount as may be authorised for the purposes of the scheme by an order made by one of the Ministers on the application of the appropriate agency; nor

(b) twenty-five pence or such other amount as may be substituted for twenty-five pence by an order made by one of the Ministers and approved by a resolution of the House of Commons.

(4) Before either of the Ministers makes an order under subsection (3)(a) above he shall—

(a) consult with such of the associations and persons concerned as he considers appropriate;

(b) cause a notice of his intention to make the order, and of the time (which shall not be less than thirty days) within which objections to the proposed order may be made to him, to be published in such manner as he thinks best adapted for informing persons affected;

(c) if he considers it necessary, afford such persons an opportunity of appearing before and being heard by a person appointed by him for the purpose; and

(d) consider the report of the person so appointed and any objections duly made.

(5) An order under subsection (3)(b) above may be made so as to apply—

(a) to special drainage charges in general; or

(b) to the special drainage charges proposed to be raised in respect of areas within such flood risk management regions as may be specified in the order; or

(c) to special drainage charges proposed to be raised in pursuance of one or more schemes made under section 137 above and so specified;

and any such order applying to the charges proposed to be raised in respect of areas within more than one flood risk management region, or authorised by more than one such scheme, may make different provision for the charges in respect of different flood risk management regions or, as the case may be, the charges authorised by the different schemes.

(6) The power of each of the Ministers to make an order under subsection (3)(b) above shall be exercisable by statutory instrument; and section 14 of the Interpretation Act 1978 (power to revoke or amend orders made by statutory instrument) shall apply to the power to make orders under subsection (3)(a) above as it applies, by virtue of this subsection, to the power to make orders under subsection (3)(b) above.

(7) Schedule 15 to this Act shall have effect with respect to the assessment, incidence, payment and enforcement of special drainage charges.

Revenue from internal drainage boards

Contributions from internal drainage boards

139

(1) Subject to subsections (2) and (3) below, the appropriate agency shall by resolution require every internal drainage board to make towards the expenses of the appropriate agency such contribution as the appropriate agency may consider to be fair.

(2) Subject to subsection (3) below, where an internal drainage district (“ the main internal drainage district") comprises two or more other internal districts (“minor internal drainage districts"), the appropriate agency shall not require the drainage board for that district to make any contribution towards the expenses of the appropriate agency except in respect of such part, if any, of that district as is not situated within any minor internal drainage district.

(3) Notwithstanding subsection (2) above, the appropriate agency, after determining what contribution should be made by the drainage board for each of the minor internal drainage districts, may, if it thinks fit, require the drainage board for the main internal drainage district to pay direct to the appropriate agency an amount equal to the aggregate of those contributions.

(4) If the appropriate agency make a requisition under subsection (3) above, the drainage board of the main internal drainage district shall raise the amount paid by them under that subsection to the appropriate agency by means of drainage rates levied by them within, or special levies issued in respect of, the main internal drainage district or, as the case may be, such part of that district as is situated within a minor internal drainage district.

(5) Without prejudice to subsection (3) of section 140 below, a resolution under this section may be acted upon by the appropriate agency forthwith, notwithstanding that the time for bringing an appeal under that section has not expired or that an appeal so brought is pending.

Appeals in respect of resolutions under section 139

140

(1) If—

(a) an internal drainage board is aggrieved by a resolution of the appropriate agency under section 139 above determining the amount of any contribution; or

(b) the council of any county , county borough or London borough is aggrieved by any such resolution on the ground that the amount of the contribution required to be made by an internal drainage board is inadequate,

the board or council may, within six weeks after the date on which notice of the resolution is given by the appropriate agency to the internal drainage board in question, appeal to the relevant Minister against the resolution.

(2) On an appeal under this section the relevant Minister may, after—

(a) considering any objections made to him; and

(b) if he thinks fit, holding a local public inquiry,

make such an order in the matter as he thinks just.

(3) Where the appropriate agency has acted on a resolution by virtue of section 139(5) above and an appeal is brought in respect of the resolution, the relevant Minister shall by his order direct such adjustment to be made in respect of any sums recovered or paid in pursuance of the resolution as may be necessary for giving effect to his decision.

(4) Where the relevant Minister makes an order under this section, he shall lay before Parliament particulars of the matter in respect of which the appeal was made and of the reasons for his order.

(5) Compliance with any order made by the relevant Minister under this section may be enforced by mandamus.

(6) In this section “the relevant Minister”—

(a) in relation to an internal drainage district wholly in Wales or the drainage board for such a district, means the Secretary of State;

(b) in relation to an internal drainage district partly in Wales or the drainage board for such a district, means the Ministers; and

Precepts for recovery of contributions from internal drainage boards

141

(1) The appropriate agency may issue precepts to internal drainage boards requiring payment of any amount required to be contributed by those boards under section 139 above.

(2) An internal drainage board shall pay, in accordance with any precept issued to them under this section, the amount thereby demanded.

(3) It shall be the duty of the appropriate agency to prepare, in such form as the relevant Minister may direct, a statement of—

(a) the purposes to which the amount demanded by any precept issued by the appropriate agency under this section is intended to be applied; and

(b) the basis on which it is calculated;

and an internal drainage board shall not be liable to pay the amount demanded by any such precept until they have received such a statement.

(4) Compliance with any precept issued by the appropriate agency in accordance with this section may be enforced by mandamus.

(5) In this section “the relevant Minister” has the same meaning as in section 140 above.

Fisheries contributions

142

(1) 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—

(a) for the imposition on the owners and occupiers of fisheries in that area of requirements to pay contributions to the appropriate agency, of such amounts as may be determined under the order, in respect of the expenses of the carrying out in relation to that area of the appropriate agency's functions with respect to fisheries;

(b) for such contributions to be paid or recovered in such manner, and to be refundable, in such circumstances as may be specified in or determined under the order.

(2) Subsections (2) to (6)of section 115 above shall have effect in relation to the power conferred by subsection (1) above as they have effect in relation to the power conferred by subsection (1) of that section.

(3) The reference in this section to the owners and occupiers of fisheries shall have the same meaning as any such reference in the Salmon and Freshwater Fisheries Act 1975.

143

(1) Where any navigable waters—

(a) in England and Wales; or

(b) in so much of the territorial sea adjacent to England and Wales as is included in a flood risk management region,

are not subject to the control of any navigation authority, harbour authority or conservancy authority, the appropriate agency may apply to the Secretary of State for an order imposing tolls in respect of the navigation of vessels in those waters.

(2) An order under this section shall not be made unless the Secretary of State is satisfied that the cost of the maintenance or works in connection with the waters to which the order relates has been or will be increased as a result of the use of those waters for purposes of navigation.

(3) Schedule 17 to this Act shall have effect with respect to the making of orders under this section.

(4) Any tolls payable under this section in respect of the navigation of a vessel in any water referred to in subsection (1) above—

(a) may be demanded from the person in charge of the vessel by any person authorised for that purpose by the appropriate agency; and

(b) if not paid on demand, may be recovered from either the person in charge of the vessel or the owner of the vessel.

Incidental power of the Authority to impose charges

144

Without prejudice to the generality of its powers by virtue of section 4(1)(a) above and subject to any such express provision with respect to charging by the Authority as is contained in the preceding provisions of this Chapter or any other enactment, the Authority shall have power to fix and recover charges for services and facilities provided in the course of carrying out its functions.

Interpretation of Chapter II

145

In this Chapter—

“agricultural buildings” has the meaning provided by section 26(4) of the General Rate Act 1967 as amended by the Rating Act 1971;

“agricultural land” means—land used as arable, meadow or pasture ground only;land used for a plantation or a wood or for the growth of saleable underwood; andland exceeding one tenth of a hectare used for the purpose of poultry farming, market gardens, nursery grounds, orchards or allotments, including allotment gardens within the meaning of the Allotments Act 1922,but does not include land occupied together with a house as a park, gardens (other than as aforesaid) or pleasure grounds, land kept or preserved mainly or exclusively for purposes of sport or recreation or land used as a racecourse;

“chargeable land” means the agricultural land and agricultural buildings in so much of a flood risk management region as does not fall within an internal drainage district, excluding rough grazing land and woodlands other than commercial woodlands;

“commercial woodlands” means woodlands managed on a commercial basis with a view to the realisation of profits;

“drainage” has the same meaning as in Part IV above;

“drainage charge” means general drainage charge or special drainage charge;

“flood risk management region” —in relation to the Agency, means the region of a Regional Flood and Coastal Committee, within the meaning of section 22 of the Flood and Water Management Act 2010 , andin relation to the NRBW, means Wales, within the meaning of section 158 of the Government of Wales Act 2006.

“rough grazing land” means land of either of the following descriptions, that is to say—

(a) land used as pasture ground on which the vegetation consists solely or mainly of one or more of the following, that is to say, bracken, gorse, heather, rushes and sedge; and

(b) land so used which is unsuitable for mowing by machine and on which the vegetation consists solely or mainly of grass of poor feeding value; and

chapter III — GRANTS AND LOANS

Grants to the Agency

Revenue grants

146

Grants for drainage works

147

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

Grants towards cost of flood warning systems

148

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

Other grants in respect of exercise of powers under Part VII for drainage purposes

149

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

Grants for national security purposes

150

Borrowing by the Authority

Borrowing powers of the Authority

151

Loans to the Authority

152

Treasury guarantees of the Authority’s borrowing

153

Part VII — Land and Works Powers

chapter I — POWERS OF THE APPROPRIATE AGENCY

Provisions in relation to land

Compulsory purchase etc

154

(1) The Agency or the NRBW may be authorised by the relevant Minister to purchase compulsorily any land anywhere in England and Wales which is required by the Agency or the NRBW for the purposes of, or in connection with, the carrying out of its functions.

(2) The power of the relevant Minister under subsection (1) above shall include power—

(a) to authorise the acquisition of interests in, and rights over, land by the creation of new interests and rights; and

(b) by authorising the acquisition by the Agency or, as the case may be, by the NRBW, of any rights over land which is to be or has been acquired by the Agency or the NRBW, to provide for the extinguishment of those rights.

(3) Without prejudice to the generality of subsection (1) above, the land which the Agency or the NRBW may be authorised under that subsection to purchase compulsorily shall include land which is or will be required for the purpose of being given in exchange for, or for any right over, any other land which for the purposes of the Acquisition of Land Act 1981 is or forms part of a common, open space or a fuel or field garden allotment.

(4) Subject to section 182 below, the Acquisition of Land Act 1981 shall apply to any compulsory purchase under subsection (1) above of any land by the Agency or the NRBW; and Schedule 3 to the said Act of 1981 shall apply to the compulsory acquisition under that subsection of rights by the creation of new rights.

(5) Schedule 18 to this Act shall have effect for the purpose of modifying enactments relating to compensation and the provisions of the Compulsory Purchase Act 1965 in their application in relation to the compulsory acquisition under subsection (1) above of a right over land by the creation of a new right.

(6) The provisions of Part I of the Compulsory Purchase Act 1965 (so far as applicable), other than sections 4 to 8, 10, 21, 27(1) and 31 and Schedule 4, shall apply in relation to any power to acquire land by agreement which is conferred, by virtue of any provision of this Act or otherwise (including section 37 of the 1995 Act (incidental general powers of the Agency) or article 9 of the Natural Resources Body for Wales (Establishment) Order 2012 (general incidental function of the Body) (S.I.2012/1903)), on the Agency or the NRBW as if—

(a) any reference in those provisions to the acquiring authority were a reference to the Agency or, as the case may be, the NRBW; and

(b) any reference to land subject to compulsory purchase were a reference to land which may be purchased by agreement under that power.

(7) In this section, in relation to the NRBW, references to functions have effect as references to relevant transferred functions.

(8) In subsections (1) and (2), “the relevant Minister” means—

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

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

Accretions of land resulting from drainage works

155

(1) If the relevant Minister certifies that, as the result of—

(a) any drainage works carried out or improved, or proposed to be carried out or improved, by the Agency or the NRBW in connection with the tidal waters of a main river; or

(b) any drainage works transferred from a drainage body to the Agency or the NRBW in pursuance of this Act or the Land Drainage Act 1991,

there has been or is likely to be any accretion of land, the powers of the Agency and the NRBW by virtue of this Act, for the purpose of carrying out its functions or, as the case may be, its relevant transferred functions, to acquire land or any interest in or right over land by agreement or compulsorily shall include power so to acquire the land mentioned in subsection (2) below.

(2) The land mentioned in subsection (1) above is—

(a) the accretion of land or the land to which the accretion will, if it takes place, be added, together with any right to reclaim or embank the accretion; and

(b) such other land as is reasonably required for the purpose of reclamation of the accretion or for the enjoyment of it when reclaimed.

(3) An agreement or order with respect to the acquisition of any land or rights by virtue of this section may provide for the transfer to the Agency or, as the case may be, the NRBW of any liability for the upkeep, maintenance and repair of any bank or drainage work or of any other like liability.

(4) Where the value of any land or right is increased by the carrying out or proposed carrying out of drainage works by the Agency or, as the case may be, the NRBW the amount of the increase shall not be taken into account in assessing the compensation in respect of the compulsory acquisition of it.

(5) Where, by reason of a certificate having been given by the relevant Minister under this section in relation to any drainage works, the Agency or, as the case may be, the NRBW has acquired any land or right and a grant has been made out of public moneys for defraying the cost or part of the cost of the carrying out of the works, the Agency or, as the case may be, the NRBW shall—

(a) on being so required by the Crown Estate Commissioners; and

(b) on payment by the Commissioners to the Agency or the NRBW of the sum paid by the Agency or the NRBW in respect of the acquisition of the land or right, together with the amount of any costs incurred by the Agency or the NRBW in connection with the acquisition,

transfer the land or right to the Commissioners or to any person nominated by them.

(6) If the Agency or, as the case may be, the NRBW, on being so required by the Crown Estate Commissioners in pursuance of subsection (5) above, fail to transfer to the Commissioners any land or right, the relevant Minister may by a vesting order transfer the land or right to the Commissioners or to a person nominated by them; and, for the purposes of this subsection, the relevant Minister shall be deemed to be a competent authority within the meaning of section 9 of the Law of Property Act 1925.

(7) In this section—

“banks” has the same meaning as in Part IV of this Act;

“drainage body” has the same meaning as in section 108 above;

“the relevant Minister”—

(a) in relation to England, means the Minister; and

(b) in relation to Wales, means the Secretary of State.

Acquisition of land etc. for fisheries purposes

156

(1) Without prejudice to section 37 of the 1995 Act (incidental general powers of the Agency)or article 9 of the Natural Resources Body for Wales (Establishment) Order 2012 (general incidental function of the Body) (S.I.2012/1903), the powers conferred on the Agency or, as the case may be, the NRBW, by those provisions and section 154 above include power to purchase or take on lease (either by agreement or, if so authorised, compulsorily)—

(a) any dam, fishing weir, fishing mill dam, fixed engine or other artificial obstruction and any fishery attached to or worked in connection with any such obstruction;

(b) so much of the bank adjoining a dam as may be necessary for making or maintaining a fish pass for the purposes of section 10 of the Salmon and Freshwater Fisheries Act 1975; and

(c) for the purpose of erecting and working a fixed engine, any fishery land or foreshore together with any easement over any adjoining land necessary for securing access to the fishery land or foreshore so acquired.

(2) Without prejudice to section 37 of the 1995 Act (incidental general powers of the Agency) or article 9 of the Natural Resources Body for Wales (Establishment) Order 2012 (general incidental function of the Body) (S.I.2012/1903), the Agency or, as the case may be, the NRBW, may—

(a) either alter or remove an obstruction acquired in the exercise of the powers mentioned in subsection (1) above; or

(b) by itself or its lessees use or work in any lawful manner the obstruction for fishing purposes and exercise the right by any fishery so acquired,

subject, in the case of an obstruction or fishery acquired by way of lease, to the terms of the lease.

(3) Expressions used in this section and in the Salmon and Freshwater Fisheries Act 1975 have the same meanings in this section as in that Act.

Restriction on disposals of compulsorily acquired land

157

(1) The Agency and the NRBW shall not dispose of any of its compulsorily acquired land, or of any interest or right in or over any of that land, except with the consent of, or in accordance with a general authorisation given by, one of the Ministers.

(2) A consent or authorisation for the purposes of this section—

(a) shall be set out in a notice served on the Agency or, as the case may be, the NRBW by the Minister who is giving the consent or authorisation; and

(b) in the case of an authorisation, may be combined with an authorisation for the purposes of section 156 of the Water Industry Act 1991 (restrictions on disposals of land by a water or sewerage undertaker).

(3) A consent or authorisation for the purposes of this section may be given on such conditions as the Minister who is giving it considers appropriate.

(4) Without prejudice to the generality of subsection (3) above, the conditions of a consent or authorisation for the purposes of this section may include a requirement that, before there is any disposal, an opportunity of acquiring the land in question, or an interest or right in or over that land, is to be made available to such person as may be specified in or determined under provision contained in the notice setting out the consent or authorisation in question.

(5) A requirement under subsection (4) above may require the opportunity to be made available in such manner and on such terms as may be specified in or determined under provision contained in the notice setting out the consent or authorisation in question.

(6) In this section “compulsorily acquired land”, in relation to the Agency, means any land of the Agency which—

(a) was acquired by the Agency compulsorily under the provisions of section 154 above or of an order under section 168 below;

(b) was acquired by the Agency at a time when it was authorised under those provisions to acquire the land compulsorily;

(c) being land which has been transferred to the Agency from the Authority by section 3 of the 1995 Act, was acquired by theAuthority—

(i) compulsorily, under the provisions of section 154 above or of an order under section 168 below or under the provisions of section 151 of the Water Act 1989 or of an order under section 155 of that Act; or

(ii) at a time when it was authorised under those provisions to acquire the land compulsorily;

(d) being land—

(i) which has been so transferred, and

(ii) which was transferred to theAuthority in accordance with a scheme under Schedule 2 to the Water Act 1989,

was acquired by a predecessor of the Authority compulsorily under so much of any enactment in force at any time before 1st September 1989 as conferred powers of compulsory acquisition; or

(e) being land transferred as mentioned in sub-paragraphs (i) and (ii) of paragraph (d) above, was acquired by such a predecessor at a time when it was authorised to acquire the land by virtue of any such powers as are mentioned in that paragraph.

(7) In this section “compulsorily acquired land”, in relation to the NRBW, means any land of the NRBW which—

(a) was acquired by the NRBW compulsorily under the provisions of section 154 above or of an order under section 168 below;

(b) was acquired by the NRBW at a time when it was authorised under those provisions to acquire the land compulsorily; or

(c) being land which has been transferred to the NRBW from the Agency in accordance with a scheme made under section 23 of the Public Bodies Act 2011, was compulsorily acquired land of the Agency within the meaning of subsection (6).

Works agreements for water resources purposes

158

(1) Without prejudice to the generality of the powers of the Agency by virtue of section 37 of the 1995 Act (incidental general powers of the Agency), or (as the case may be) of the NRBW by virtue of article 9 of the Natural Resources Body for Wales (Establishment) Order 2012 (general incidental function of the Body) (S.I.2012/1903), but subject to subsection (2) below, those powers shall include power to enter into an agreement with any water undertaker, with any sewerage undertaker, with any local authority or joint planning board, or with the owner or occupier of any land, with respect to any one or more of the following matters, that is to say—

(a) the carrying out by any party to the agreement of works which the appropriate agency considers necessary or expedient in connection with the carrying out of any of the appropriate agency's functions by virtue of Part II of this Act;

(b) the maintenance by any party to the agreement of works carried out in pursuance of the agreement;

(c) provision for the appropriate agency to use, or have access to, any land for any purpose connected with the carrying out of any of those functions;

(d) the manner in which any reservoir is to be operated.

(2) The Secretary of State may by a direction to the appropriate agency direct that, in such cases or classes of cases as are specified in the direction, the appropriate agency shall not enter into any such agreement as is mentioned in subsection (1) above except with his consent.

(3) An agreement such as is mentioned in subsection (1) above may contain such incidental and consequential provisions (including provisions of a financial character) as appear to the appropriate agency necessary or expedient for the purposes of the agreement.

(4) Where an agreement such as is mentioned in subsection (1) above is made with an owner of land, other than registered land, and the agreement provides that the provisions of this subsection shall have effect in relation to the agreement—

(a) the agreement may be registered as a land charge under the Land Charges Act 1972 as if it were a charge affecting land falling within paragraph (iii) of Class D;

(b) the provisions of section 4 of that Act (which relates to the effect of non-registration) shall apply as if the agreement were such a land charge; and

(c) subject to the provisions of section 4 of that Act, the agreement shall be binding upon any successor of that owner to the same extent as it is binding upon that owner, notwithstanding that it would not have been binding upon that successor apart from the provisions of this paragraph.

(5) Where an agreement such as is mentioned in subsection (1) above is made with an owner of land which is registered land, and the agreement provides that the provisions of this subsection shall have effect in relation to the agreement—

(a) the agreement may be the subject of a notice in the register of title under the Land Registration Act 2002 as if it were an interest affecting the registered land;

(b) the provisions of sections 28 to 30 of that Act (effect of dispositions of registered land on priority of adverse interests) shall apply as if the agreement were such an interest;

(c) subject to the provisions of those sections, the agreement shall be binding upon any successor of that owner to the same extent as it is binding upon that owner, notwithstanding that it would not have been binding upon that successor apart from the provisions of this paragraph.

(6) In this section—

“registered land” has the same meaning as in the Land Registration Act 2002; and

“successor”, in relation to an agreement with the owner of any land, means a person deriving title or otherwise claiming under that owner, otherwise than in right of an interest or charge to which the interest of the owner was subject immediately before the following time, that is to say—where the land is not registered land, the time when the agreement was made; andwhere the land is registered land, the time when the notice of the agreement was registered.

General pipe-laying powers

Powers to lay pipes in streets

159

(1) Subject to the following provisions of this Part, the appropriate agency shall, for the purpose of carrying out its functions, have power—

(a) to lay a relevant pipe in, under or over any street and to keep that pipe there;

(b) to inspect, maintain, adjust, repair or alter any relevant pipe which is in, under or over any street; and

(c) to carry out any works requisite for, or incidental to, the purposes of any works falling within paragraph (a) or (b) above, including for those purposes the following kinds of works, that is to say—

(i) breaking up or opening a street;

(ii) tunnelling or boring under a street;

(iii) breaking up or opening a sewer, drain or tunnel;

(iv) moving or removing earth and other materials.

(1A) The appropriate agency may carry out work within subsection (1)(a) to (c) if—

(a) it thinks the work desirable having regard to the national flood and coastal erosion risk management strategies under sections 7 and 8 of the Flood and Water Management Act 2010, and

(b) the purpose of the work is to manage a flood risk (within the meaning of that Act) from (i) the sea, or (ii) a main river.

(2) Without prejudice to the generality of subsection (1)(c) above, the appropriate agency shall have power to erect and keep in any street notices indicating the position of such underground accessories for its relevant pipes as may be used for controlling the flow of water in those pipes.

(3) The power conferred by subsection (2) above shall include power to attach any such notice as is mentioned in that subsection to any building, fence or other structure which is comprised in premises abutting on the street in question.

(4) Until the coming into force of its repeal by the New Roads and Street Works Act 1991 section 20 of the Highways Act 1980 (works in special roads) shall have effect as if the reference in that section to a power under any enactment to lay down or erect apparatus included a reference to any power to lay any pipe which is conferred by this section.

(5) In this section references to a relevant pipe are references to a resource main or discharge pipe and references to laying such a pipe shall include references-

(a) to the laying of any drain or sewer for any of the purposes specified in subsection (6) below; and

(b) to the construction of a watercourse for any of those purposes.

(6) The purposes mentioned in subsection (5) above are—

(a) intercepting, treating or disposing of any foul water arising or flowing upon any land; or

(b) otherwise preventing the pollution—

(i) of any waters, whether on the surface or underground, which belong to the appropriate agency or any water undertaker or from which the appropriate agency or any water undertaker is authorised to take water;

(ii) without prejudice to sub-paragraph (i) above, of any reservoir which belongs to or is operated by the appropriate agency or any water undertaker or which the appropriate agency or any water undertaker is proposing to acquire or construct for the purpose of being so operated; or

(iii) of any underground strata from which the appropriate agency or any water undertaker is for the time being authorised to abstract water in pursuance of a licence under Chapter II of Part II of this Act.

(7) References in this section to maintaining a pipe include references to cleansing it and references to altering a pipe include references to altering its size or course, to moving or removing it and to replacing it with a pipe which is of the same description of relevant pipe as the pipe replaced.

Power to lay pipes in other land

160

(1) Subject to the following provisions of this Part, the appropriate agency shall, for the purpose of carrying out its functions, have power—

(a) to lay a relevant pipe (whether above or below the surface) in any land which is not in, under or over a street and to keep that pipe there;

(b) to inspect, maintain, adjust, repair or alter any relevant pipe which is in any such land;

(c) to carry out any works requisite for, or incidental to, the purposes of any works falling within paragraph (a) or (b) above.

(1A) The appropriate agency may carry out work within subsection (1)(a) to (c) if—

(a) it thinks the work desirable having regard to the national flood and coastal erosion risk management strategies under sections 7 and 8 of the Flood and Water Management Act 2010, and

(b) the purpose of the work is to manage a flood risk (within the meaning of that Act) from (i) the sea, or (ii) a main river.

(2) The powers conferred by this section shall be exercisable only after reasonable notice of the proposed exercise of the power has been given to the owner and to the occupier of the land where the power is to be exercised.

(3) Subject to subsection (4) below, in relation to any exercise of the powers conferred by this section for the purpose of laying or altering a relevant pipe, the minimum period that is capable of constituting reasonable notice for the purposes of subsection (2) above shall be deemed—

(a) where the power is exercised for the purpose of laying a relevant pipe otherwise than in substitution for an existing pipe of the same description, to be three months; and

(b) where the power is exercised for the purpose of altering an existing pipe, to be forty-two days.

(4) In this section references to a relevant pipe are references to a resource main or discharge pipe; and subsection (7) of section 159 above shall apply for the purposes of this section as it applies for the purposes of that section.

Restoration and improvement works for controlled waters

Anti-pollution works and operations

161

(1) This section applies where it appears to the appropriate agency that any poisonous, noxious or polluting matter or any waste matter is or has been present in, or is likely to enter, any controlled waters.

(2) In a case where the matter appears to be or to have been present in the controlled waters, the appropriate agency shall be entitled to carry out works and operations for any of the following purposes—

(a) removing or disposing of the matter;

(b) remedying or mitigating any pollution caused by its presence in the waters; or

(c) restoring (so far as it is reasonably practicable to do so) the waters, including any flora and fauna dependent on the aquatic environment of the waters, to their state immediately before the matter became present in the waters.

(3) In a case where the matter appears to be likely to enter the controlled waters, the appropriate agency shall be entitled to carry out works and operations for the purpose of preventing it from doing so.

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

(a) the nature of the matter,

(b) the source of the matter;

(d) the identity of any responsible persons.

(5) Without prejudice to the power of the appropriate agency to carry out those investigations, the powers conferred by subsection (2) or (3) 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.

(6) In this section “responsible person” means a person who has caused or knowingly permitted the matter—

(a) to be present in the controlled waters; or

(b) to be at a place from which it was likely, in the opinion of the appropriate agency, to enter the controlled waters.

Other powers to deal with foul water and pollution

162

(1) Without prejudice to the powers conferred by sections 161 to 161D above and subsections (2) and (3) below, the appropriate agency shall have power, on any land—

(a) which belongs to the appropriate agency; or

(b) over or in which the appropriate agency has acquired the necessary easements or rights,

to construct and maintain drains, sewers, watercourses, catchpits and other works for the purpose of intercepting, treating or disposing of any foul water arising or flowing on that land or of otherwise preventing any such pollution as is mentioned in section 159(6)(b) above.

(2) Subject to the following provisions of this Part, the appropriate agency shall, for the purpose of carrying out its functions, have power—

(a) to carry out in a street all such works as are requisite for securing that the water in any relevant waterworks is not polluted or otherwise contaminated; and

(b) to carry out any works requisite for, or incidental to, the purposes of any works falling within paragraph (a) above, including for those purposes the following kinds of works, that is to say—

(i) breaking up or opening a street;

(ii) tunnelling or boring under a street;

(iii) breaking up or opening a sewer, drain or tunnel;

(iv) moving or removing earth and other materials;

and the provisions of section 159 above shall, so far as applicable, have effect in relation to the powers conferred by this subsection as they have effect in relation to the powers conferred by subsection (1) of that section.

(3) Subject to the following provisions of this Part, the appropriate agency shall, for the purpose of carrying out its functions, have power—

(a) to carry out on any land which is not in, under or over a street all such works as are requisite for securing that the water in any relevant waterworks is not polluted or otherwise contaminated; and

(b) to carry out any works requisite for, or incidental to, the purposes of any works falling within paragraph (a) above;

and the provisions of section 160 above shall, so far as applicable, have effect in relation to the powers conferred by this subsection as they have effect in relation to the powers conferred by subsection (1) of that section.

(4) Without prejudice to the provisions of sections 178 to 184 below, nothing in subsection (1) above shall authorise the appropriate agency, without the consent of the navigation authority in question, to intercept or take any water which a navigation authority are authorised to take or use for the purposes of their undertaking.

(5) Any dispute as to whether any consent for the purposes of subsection (4) above is being unreasonably withheld shall be referred to the arbitration of a single arbitrator to be appointed by agreement between the parties to the dispute or, in default of agreement, by the President of the Institution of Civil Engineers.

(6) In this section—

“relevant waterworks” means any waterworks which contain water which is or may be used by a water undertaker for providing a supply of water to any premises;

“service pipe” and “water main” have the same meanings as in the Water Industry Act 1991;

“waterworks” includes any water main, resource main, service pipe or discharge pipe and any spring, well, adit, borehole, service reservoir or tank.

Powers to discharge water

Discharges for works purposes

163

(1) Subject to the following provisions of this section and to section 164 below, where the appropriate agency—

(a) is carrying out, or is about to carry out, the construction, alteration, repair, cleaning, or examination of any reservoir, well, borehole or other work belonging to or used by the appropriate agency for the purposes of, or in connection with, the carrying out of any of its functions; or

(b) is exercising or about to exercise any power conferred by section 159, 160 or 162(2) or (3) above,

the appropriate agency may cause the water in any relevant pipe or in any such reservoir, well, borehole or other work to be discharged into any available watercourse.

(2) Nothing in this section shall authorise any discharge which—

(a) damages or injuriously affects the works or property of any railway company or navigation authority; or

(b) floods or damages any highway.

(3) If the appropriate agency fails to take all necessary steps to secure that any water discharged by it under this section is as free as may be reasonably practicable from—

(a) mud and silt;

(b) solid, polluting, offensive or injurious substances; and

it shall be guilty of an offence and liable, on summary conviction, to a fine not exceeding level 3 on the standard scale.

(4) In this section—

“railway company” means the British Railways Board, Transport for London or any subsidiary (within the meaning of the Greater London Authority Act 1999) of Transport for London, or any other person authorised by any enactment, or by any order, rule or regulation made under any enactment, to construct, work or carry on a railway; and

“relevant pipe” has the same meaning as in section 159 above.

Consents for certain discharges under section 163

164

(1) Except in an emergency, no discharge through any pipe the diameter of which exceeds two hundred and twenty-nine millimetres shall be made under section 163 above except with such consent as may be prescribed.

(2) Where the appropriate agency makes an application to any person for a consent for the purposes of this section—

(a) that application shall be accompanied or supplemented by all such information as that person may reasonably require; and

(b) the appropriate agency shall serve a copy of the application, and of any consent given on that application, on every person who—

(i) is registered with the appropriate agency in respect of any premises which are within three miles of the place where the discharge to which the application relates is proposed to be made and are not upstream from that place; and

(ii) has not agreed in writing that he need not be served with such a copy;

but, subject to subsection (4) below and without prejudice to the effect (if any) of any other contravention of the requirements of this section in relation to such an application, a failure to provide information in pursuance of the obligation to supplement such an application shall not invalidate the application.

(3) Subject to subsection (4) below, an application for a consent for the purposes of this section shall be determined—

(a) in the case of an application with respect to a particular discharge, before the end of the period of seven days beginning with the day after the application is made; and

(b) in any other case, before the end of the period of three months beginning with that day;

and, subject to that subsection, where an application for any consent is required to be determined within the period specified in paragraph (a) above and is not so determined, the consent applied for shall be deemed to have been given unconditionally.

(4) Where—

(a) the appropriate agency, having made an application to any person for a consent for the purposes of this section, has failed to comply with its obligation under subsection (2)(a) above to supplement that application with information required by that person; and

(b) that requirement was made by that person at such a time before the end of the period within which he is required to determine the application as gave the appropriate agency a reasonable opportunity to provide the required information within that period,

that person may delay his determination of the application until a reasonable time after the required information is provided.

(5) A consent for the purposes of this section may relate to a particular discharge or to discharges of a particular description and may be made subject to such reasonable conditions as may be specified by the person giving it; but a consent for those purposes shall not be unreasonably withheld.

(6) Any dispute as to whether a consent for the purposes of this section should be given or withheld, or as to whether the conditions to which any such consent is made subject are reasonable, shall be referred to the arbitration of a single arbitrator appointed by agreement between the parties to the dispute or, in default of agreement, by the President of the Institution of Civil Engineers.

(7) Where any discharge under section 163 above is made in an emergency without the consent which, if there were no emergency, would be required by virtue of this section, the appropriate agency shall, as soon as practicable after making the discharge, serve a notice which—

(a) states that the discharge has been made; and

(b) gives such particulars of the discharge and of the emergency as the persons served with the notice might reasonably require,

on every person on whom the appropriate agency would have been required to serve the application for that consent or any copy of that application.

(8) If the appropriate agency contravenes, without reasonable excuse, any of the requirements of this section or any condition of a consent given for the purposes of this section, it shall be guilty of an offence and liable, on summary conviction, to a fine not exceeding level 3 on the standard scale.

(9) Nothing in this section shall require any consent to be obtained, or any notice to be served, in respect of any discharge if the requirements of section 34 of the Water Act 1945 (temporary discharges into watercourses) in relation to that discharge had been satisfied before 1st September 1989.

Flood defence and drainage works

General powers to carry out flood defence and drainage works

165

(1) The appropriate agency may—

(a) carry out flood risk management work within subsection (1D)(a) to (f) if Conditions 1 and 2 are satisfied;

(b) carry out flood risk management work within subsection (1D)(g) or (h) if Condition 1 is satisfied.

(1A) Condition 1 is that the appropriate agency considers the work desirable having regard to the national flood and coastal erosion risk management strategies under sections 7 and 8 of the Flood and Water Management Act 2010.

(1B) Condition 2 is that the purpose of the work is to manage a flood risk (within the meaning of that Act) from—

(a) the sea, or

(b) a main river.

(1C) In subsection (1B)(b) the reference to a main river includes a reference to a lake, pond or other area of water which flows into a main river.

(1D) In this section “flood risk management work” means anything done—

(a) to maintain existing works (including buildings or structures) including cleansing, repairing or otherwise maintaining the efficiency of an existing watercourse or drainage work;

(b) to operate existing works (such as sluicegates or pumps);

(c) to improve existing works (including buildings or structures) including anything done to deepen, widen, straighten or otherwise improve an existing watercourse, to remove or alter mill dams, weirs or other obstructions to watercourses, or to raise, widen or otherwise improve a drainage work;

(d) to construct or repair new works (including buildings, structures, watercourses, drainage works and machinery);

(e) for the purpose of maintaining or restoring natural processes;

(f) to monitor, investigate or survey a location or a natural process;

(g) to reduce or increase the level of water in a place;

(h) to alter or remove works.

(2) The appropriate agency shall also have power... to maintain, improve or construct drainage works for the purpose of defence against sea water or tidal water; and that power shall be exercisable both above and below the low-water mark.

(3) The appropriate agency may construct all such works and do all such things in the sea or in any estuary as may, in its opinion, be necessary to secure an adequate outfall for a main river.

(4) The Agency or the NRBW may by agreement with any person carry out, improve or maintain, at that person’s expense, any drainage works which that person is entitled to carry out, improve or maintain; but for the purposes of this subsection the expense to be borne by that person shall not include such part (if any) of the amount of any grant made under section 47 of the Environment Act 1995 (grants to the new Agencies) or article 12 of the Natural Resources Body for Wales (Establishment) Order 2012 (grants to the NRBW) (S.I.2012/1903) as the Agency or the NRBW decides (subject to any terms on which the grant is made) to allocate for the works in question.

(5) The Agency or the NRBW may enter into an agreement with any local authority or with any navigation authority for the carrying out by that authority, on such terms as to payment or otherwise as may be specified in the agreement, of any work ... which the Agency or the NRBW is authorised to carry out under this section.

(6) Nothing in subsections (1) to (3) above authorises any person to enter on the land of any person except for the purpose of maintaining existing works.

(7) In this section “watercourse” has the same meaning as in Part IV of this Act ...

Power to carry out works for purpose of providing flood warning system

166

(1) Without prejudice to its other powers by virtue of section 37 of the 1995 Act (incidental general powers of the Agency), or (as the case may be) article 9 of the Natural Resources Body for Wales (Establishment) Order 2012 (general incidental function of the Body) (S.I.2012/1903), Part IV of this Act and this Part, the appropriate agency shall have power—

(a) to provide and operate flood warning systems;

(b) to provide, install and maintain apparatus required for the purposes of such systems;

(2) Subsection (1) above shall not be construed as authorising, on the part of the appropriate agency, any act or omission which, apart from that subsection, would be actionable at the suit of any person on any grounds other than a limitation imposed by law on the capacity of the appropriate agency by virtue of its constitution.

(3) The Agency may exercise the powers conferred by subsection (1)(b) or (c) above in an area in Scotland as if—

(a) its functions in relation to the flood risk management regions adjacent to Scotland were functions in relation to that area in Scotland; and

(b) that area in Scotland were included in those flood risk management regions;

but the powers conferred by this subsection are subject (except in the case of a power to maintain apparatus) to prior consultation with the local authority (within the meaning of section 1 of the Flood Prevention (Scotland) Act 1961) for the area in Scotland in question.

(4) In this section—

“flood risk management region” means the region of a Regional Flood and Coastal Committee, within the meaning of section 22 of the Flood and Water Management Act 2010;

“flood warning system” means any system whereby, for the purpose of providing warning of any danger of flooding, information with respect to—

(a) rainfall, as measured at a particular place within a particular period; or

(b) the level or flow of any inland water, or part of an inland water, at a particular time; or

is obtained and transmitted, whether automatically or otherwise, with or without provision for carrying out calculations based on such information and for transmitting the results of those calculations;

“inland water” means any of the following in any part of Great Britain, that is to say—

(a) any river, stream or other watercourse, whether natural or artificial and whether tidal or not;

(b) any lake or pond, whether natural or artificial, and any reservoir or dock; and

“rainfall” includes any fall of snow, hail or sleet.

(4) In this section—

“flood warning system” means any system whereby, for the purpose of providing warning of any danger of flooding, information with respect to—

(a) rainfall, as measured at a particular place within a particular period; or

(b) the level or flow of any inland water, or part of an inland water, at a particular time; or

“inland water” means any of the following in any part of Great Britain, that is to say—

(a) any river, stream or other watercourse, whether natural or artificial and whether tidal or not;

(b) any lake or pond, whether natural or artificial, and any reservoir or dock; and

“rainfall” includes any fall of snow, hail or sleet.

Power to dispose of spoil in connection with flood defence works

167

(1) Subject to subsection (2) below, the appropriate agency may—

(a) without making payment for it, appropriate and dispose of any matter removed in the course of the carrying out of any work for widening, deepening or dredging any watercourse; and

(b) deposit any matter so removed on the banks of the watercourse, or on such width of land adjoining the watercourse as is sufficient to enable the matter in question to be removed and deposited by mechanical means in one operation.

(2) Subsection (1) above shall not authorise the deposit of any matter if the matter deposited would constitute a statutory nuisance within the meaning of Part III of the Environmental Protection Act 1990.

(3) The appropriate agency and the council of any district or London borough or Welsh county or county borough may enter into an agreement providing—

(a) for the disposal by the council of any matter removed as mentioned in subsection (1) above; and

(b) for the payment by the appropriate agency to the council, in respect of the disposal of the matter by the council, of such sum as may be provided by the agreement.

(4) In this section “banks” and “watercourse” have the same meanings as in Part IV of this Act.

Compulsory works orders

168

(1) Where the appropriate agency is proposing, for the purposes of, or in connection with, the carrying out of any of its functions—

(a) to carry out any engineering or building operations; or

(b) to discharge water into any inland waters or underground strata,

the appropriate agency may apply to either of the Ministers for an order under this section (“a compulsory works order").

(2) Subject to the following provisions of this section, the Ministers shall each have power, on an application under subsection (1) above, by order made by statutory instrument—

(a) to confer such compulsory powers; and

(b) to grant such authority,

as he considers necessary or expedient for the purpose of enabling any engineering or building operations or discharges of water to be carried out or made for the purposes of, or in connection with, the carrying out of the functions with respect to which the application was made.

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Water Resources Act 1991

Power to give effect to international obligations

116

Part VI — FINANCIAL PROVISIONS IN RELATION TO THE APPROPRIATE AGENCY

chapter I — GENERAL FINANCIAL PROVISIONS

General financial duties

117

Special duties with respect to flood defence revenue

118

Duties with respect to certain funds raised under local enactments

119

Contributions between the Authority and certain other authorities

120

Accounts of the Authority

121

Audit

122

chapter II — REVENUE PROVISIONS

Water resources charges

Power to make scheme imposing water resources charges

123

Approval of scheme under section 123

124

Specific exemptions from water resources charges

125

Agreements containing exemptions from charges

126

Special charges in respect of spray irrigation

127

Duration of agreement under section 127

128

Directions and appeals with respect to exercise of powers under sections 127 and 128

129

Charges in respect of abstraction from waters of British Waterways Board

130

Charges in connection with control of pollution

Power to make scheme of charges

131

Approval of scheme under section 131

132

Levies by the Agency on local authorities

Power to authorise the Authority to issue levies

133

General drainage charges

Raising of general drainage charges

134

Amount, assessment etc. of general drainage charge

135

Determination of the relevant quotient

136

Special drainage charges

Special drainage charges in interests of agriculture

137

Levying and amount of special drainage charge

138

Revenue from internal drainage boards

Contributions from internal drainage boards

139

Appeals in respect of resolutions under section 139

140

Precepts for recovery of contributions from internal drainage boards

141

Fisheries contributions

Fisheries contributions

142

Navigation tolls

Power of Authority to levy navigation tolls

143

Incidental power of the Authority to impose charges

Incidental power of the Authority to impose charges

144

Interpretation of Chapter II

Interpretation of Chapter II

145

chapter III — GRANTS AND LOANS

Grants to the Agency

Revenue grants

146

Grants for drainage works

147