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Amendments to the Water Bill [HL]

Water Bill [HL]


AMENDMENTS
TO BE MOVED
IN GRAND COMMITTEE


 

After Clause 1

 

THE LORD LIVSEY OF TALGARTH
THE BARONESS MILLER OF CHILTHORNE DOMER

Insert the following new Clause—
  "Impounding to create large reservoirs
(1)  The Agency, prior to granting a licence to a water company to impound water in a large reservoir, shall conduct—
(a)  an environmental impact assessment;
(b)  a social impact assessment; and
(c)  the subjection of plans to the local planning authority to obtain planning permission.
(2)  The Secretary of State in England and the First Minister in Wales shall have the power to refer such planning applications to a public inquiry."
 

Clause 2

 

THE LORD LIVSEY OF TALGARTH
THE BARONESS MILLER OF CHILTHORNE DOMER

Page 2, line 42, at end insert—
"(1B)  The Agency shall set volumes of compensatory water flows to be released from reservoirs and impoundments into rivers in sufficient quantity to sustain the water quality and ecology of river systems.""
 

Clause 7

 

THE LORD LIVSEY OF TALGARTH
THE BARONESS MILLER OF CHILTHORNE DOMER

Page 9, line 17, at end insert "; and
(   )  the sole purpose of the transfer is for trickle irrigation"
 

After Clause 7

 

THE BARONESS BYFORD
THE DUKE OF MONTROSE

Insert the following new Clause—
  "Consultation on extension of scope of abstraction licensing
  Before the introduction of any scheme for extending abstraction licensing to warping or irrigation by virtue of section 7(5) above, the Agency shall consult such bodies appearing to it to be representative of persons whose business interests are likely to be affected by the proposed scheme."
 

Clause 13

 

THE BARONESS BYFORD
THE DUKE OF MONTROSE

Page 15, line 16, at end insert—
"(   )  the likely effect on the applicant's interests of any decision to grant an abstraction licence, or licences, of a type other than the type for which the applicant has applied;"
 

Clause 15

 

THE BARONESS BYFORD
THE DUKE OF MONTROSE

Page 19, line 2, at end insert—
"(   )  After subsection (2) there is inserted—
    "(2A)  In respect of any application for the renewal of any licence under this Chapter there shall be a presumption in favour of the grant of a new licence, except where in the opinion of the Agency the resource is already fully utilised, or there are other exceptional circumstances.""
 

Clause 19

 

THE BARONESS BYFORD
THE DUKE OF MONTROSE

Page 22, line 19, at end insert "which shall not be less than 25 years after the date on which it takes effect"
 

THE BARONESS MILLER OF CHILTHORNE DOMER
THE LORD LIVSEY OF TALGARTH

Page 22, line 19, at end insert—
"(   )  A full water abstraction licence shall be granted for 15 years prior to expiry and the licensee having to apply for renewal of the licence."
 

THE LORD BEAUMONT OF WHITLEY

Page 22, line 23, at end insert—
"(6)  All licences which were hitherto expressed under section 46(5) as remaining in force until revoked, shall from 15th July 2012 state—
(a)  the date on which they take effect, and
(b)  the date on which they expire."
 

Clause 20

 

THE BARONESS BYFORD
THE DUKE OF MONTROSE

Page 22, line 32, leave out from third "the" to ", a" in line 34 and insert "period of three months after serving a notice on the holder of the licence stating that the expiry date has passed"
 

Clause 25

 

THE BARONESS MILLER OF CHILTHORNE DOMER
THE LORD LIVSEY OF TALGARTH

Page 31, line 3, leave out "conditions" and insert "condition"
Page 31, line 3, leave out "are" and insert "is"
Page 31, line 4, leave out "Those conditions are" and insert "The condition is"
Page 31, leave out lines 5 to 11 and insert "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"
 

Clause 27

 

THE LORD BEAUMONT OF WHITLEY

Page 32, line 9, leave out paragraph (c)
 

THE BARONESS BYFORD
THE DUKE OF MONTROSE

 The above-named Lords give notice of their intention to oppose the Question that Clause 27 stand part of the Bill.
 

Schedule 2

 

THE LORD LIVSEY OF TALGARTH
THE BARONESS MILLER OF CHILTHORNE DOMER

Page 124, line 14, at end insert "; or
(c)  reside in a rural area and have a direct relationship with rural interests"
 

THE BARONESS BYFORD
THE DUKE OF MONTROSE

Page 124, line 14, at end insert—
"(   )  In appointing persons under this paragraph the Secretary of State and the Assembly shall have regard to the desirability of including among the members one or more persons who have knowledge or experience of the agricultural or horticultural use of water."
 

Clause 38

 

THE BARONESS O'CATHAIN
THE BARONESS BYFORD
THE BARONESS MILLER OF CHILTHORNE DOMER
THE LORD LIVSEY OF TALGARTH

Page 43, line 27, at end insert—
"(4A)  In performing their duties under this Act, the Secretary of State, the Assembly and the Authority shall also have regard to the following—
(a)  the principles under which regulatory activities should be transparent, accountable, proportionate, consistent and targeted only at cases in which action is needed;
(b)  the desirability of promoting and facilitating the development and use of effective forms of self-regulation;
(c)  any other principles appearing to them to represent the best regulatory practice;
(d)  the desirability of encouraging investment and innovation in the water industry; and
(e)  the opinions of consumers and members of the public."
 

Schedule 4

 

THE BARONESS MILLER OF CHILTHORNE DOMER
THE LORD LIVSEY OF TALGARTH

Page 134, line 46, after "Authority;" insert—
"(   )  the Consumer Council for Water;"
Page 136, line 24, at end insert—
"(   )  on the Consumer Council for Water;"
Page 140, line 18, at end insert "; and
(v)  the Consumer Council for Water"
Page 141, line 10, at end insert "; and
(v)  the Consumer Council for Water"
Page 148, line 34, at end insert "; and
(iv)  the Consumer Council for Water"
Page 150, line 37, at end insert "; and
(vi)  the Consumer Council for Water"
 

Before Clause 55

 

THE BARONESS MILLER OF CHILTHORNE DOMER
THE LORD LIVSEY OF TALGARTH

Insert the following new Clause—
  "Health and safety
(1)  The Secretary of State and the Director shall consult the Health and Safety Executive about all safety issues which may be relevant to the carrying out of any of their respective functions under Part I of the WIA.
(2)  The Secretary of State and the Director shall, in carrying out their respective functions under Part I of the WIA, take into account any advice given by the Health and Safety Executive about any safety issue (whether or not in response to consultation under subsection (1)).
(3)  For the purpose of this section a safety issue is anything concerning the abstraction, storage, treatment or conveyance through pipes of water, or the storage, treatment or conveyance through pipes of sewage or trade effluent, which may affect the health and safety of—
(a)  members of the public, or
(b)  persons employed in connection with the above-mentioned activities.
(4)  Sections 2 and 2A of the WIA and subsections (1) to (3) above do not apply in relation to anything done by the Director—
(a)  in the exercise of functions relating to the determination of disputes, or
(b)  in the exercise of functions under section 31(4A) of the WIA.
(5)  The Director may, nevertheless, when exercising any function under section 31(4A) of the WIA, have regard to any matter in respect of which a duty is imposed by section 2 or 2A of the WIA or subsections (1) to (3) above if it is a matter to which the Director General of Fair Trading could have regard when exercising that function.
(6)  The duties imposed by sections 2 and 2A of the WIA and subsections (1) to (3) above do not affect the obligation of the Secretary of State or the Director to perform or comply with any other duty or requirement (whether arising under this Act or another enactment, by virtue of any Community obligation or otherwise)."
Insert the following new Clause—
  "Water conservation duty for all public bodies
  It is the duty of—
(a)  any Minister of the Crown (within the meaning of the Ministers of the Crown Act 1975 (c. 26));
(b)  any government department; and
(c)  the National Assembly for Wales
  in carrying out his or its functions, to have regard, so far as is consistent with the proper exercise of those functions, to the purpose of furthering the conservation of water."
 

Clause 63

 

THE LORD LIVSEY OF TALGARTH

Page 80, line 18, leave out from "State" to end of line 19 and insert "shall continue to consult local flood defence committees in conjunction with regional flood defence committees before any statutory instrument is laid before Parliament or the Assembly to revoke a local flood defence scheme"
 

After Clause 63

 

THE BARONESS BYFORD
THE DUKE OF MONTROSE

Insert the following new Clause—
  "Reorganisation of regional flood defence committees
(1)  Section 15 of the Environment Act 1995 (c. 25) (composition of regional flood defence committess) is amended as follows.
(2)  After subsection (5) there is inserted—
    "(5A)  Where the Secretary of State has revoked any local flood defence scheme under section 18A of this Act, in appointing members of retained or new regional flood defence committees the Secretary of State shall have regard to the desirability of appointing persons who have knowledge and experience of flood defence in the local areas of those committees.""
 

Clause 64

 

THE LORD LIVSEY OF TALGARTH

Page 81, line 12, at end insert "; or
(e)  retain local flood defence committees for river systems to operate in conjunction with regional flood defence committees.""
Page 81, line 25, at end insert—
"(5)  The Agency shall assume responsibility for the management of all non-main river streams from local authorities.
(6)  The Agency shall consult with the local flood defence committee on all aspects of local management of a river system."
 

After Clause 68

 

THE LORD LIVSEY OF TALGARTH
THE BARONESS MILLER OF CHILTHORNE DOMER

Insert the following new Clause—
  "Freshwater fisheries
  The Agency shall have the power to promote the development of ecologically sustainable fresh water fisheries."
 

Clause 78

 

THE BARONESS BYFORD
THE DUKE OF MONTROSE

 The above-named Lords give notice of their intention to oppose the Question that Clause 78 stand part of the Bill.
 

Clause 82

 

THE LORD LIVSEY OF TALGARTH
THE BARONESS MILLER OF CHILTHORNE DOMER

Page 96, line 2, at end insert—
"(ab)  after subsection (1) there is inserted—
    "(   )  The Agency shall continue to monitor, through water sampling, water quality and chemical and bacterial pollution, and are empowered to act to enforce compliance at the source and advise alternatives where chemical processes impact upon discharges."
 

Clause 86

 

THE LORD LIVSEY OF TALGARTH
THE BARONESS MILLER OF CHILTHORNE DOMER

Page 105, line 33, at end insert—
"(8)  The Agency shall ensure that private and public housing developers and building contractors be subject to planning consent conditions specific to the water and sewerage undertaker adopting a new sewage scheme.
(9)  The Agency shall prepare plans for all non-adopted sewage schemes to be adopted by water and sewerage undertakers by the end of the year 2015."

 
 
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©Parliamentary copyright 2003
25 March 2003