House of Lords portcullis
House of Lords

Publications on the internet
Other Public Bills before Parliament
Amendments to the Water Bill [HL]

Water Bill [HL]


MARSHALLED
LIST OF AMENDMENTS
TO BE MOVED
IN GRAND COMMITTEE


      The amendments have been marshalled in accordance with the Instruction of 17th March 2003, as follows—

Clauses 1 to 33
Schedule 1
Clause 34
Schedule 2
Clause 35
Schedule 3
Clauses 36 to 54
Schedule 4
Schedule 8
Clauses 55 to 78
Schedules 5 and 6
Clauses 79 to 93
Schedule 7
Schedule 9
Clauses 94 to 97

[Amendments marked * are new or have been altered]

Amendment
No.

 

Before Clause 1

 

THE BARONESS MILLER OF CHILTHORNE DOMER
THE LORD LIVSEY OF TALGARTH

1Insert the following new Clause—
 "PART A1Water Framework Directive
  General purpose of this Part
(1)  The purpose of this Part is to make provision for, or in connection with, protection of the water environment, including making provision, and enabling provision to be made, for, or in connection with, implementing in England and Wales Directive 2000/60/EC of the European Parliament and of the Council of 23rd October 2000 establishing a framework for Community action in the field of water policy (referred to in this Part as "the Directive").
(2)  In this Part "protection of the water environment" includes, in particular—
(a)  preventing further deterioration of, and protecting and enhancing, the status of aquatic ecosystems and, with regard to their water needs, terrestrial ecosystems and wetlands directly depending on those aquatic ecosystems,
(b)  promoting sustainable water use based on the long-term protection of available water resources,
(c)  aiming at enhancing protection and improvement of the aquatic environment through, amongst other things, specific measures for the progressive reduction of discharges, emissions and losses of priority substances and the cessation or phasing out of discharges, emissions and losses of the priority hazardous substances,
(d)  ensuring the progressive reduction of pollution of groundwater and preventing further pollution of it, and
(e)  contributing to mitigating the effects of floods and droughts, with a view to contributing to the achievement of the aims specified in subsection (3).
(3)  Those aims are—
(a)  the provision of a sufficient supply of good quality surface water and groundwater as needed for sustainable, balanced and equitable water use,
(b)  a significant reduction in pollution of groundwater,
(c)  the protection of territorial and other marine waters, and
(d)  achieving the objectives of international agreements, including those which aim to prevent and eliminate pollution of the marine environment, in relation to which measures are adopted under paragraph 1 of Article 16 of the Directive in pursuance of a proposal under paragraph 3 of that Article."
2Insert the following new Clause—
  "The general duties
(1)  The Secretary of State and the Environment Agency must exercise their functions under the relevant enactments so as to secure compliance with the requirements of the Directive.
(2)  The responsible authorities must exercise their designated functions so as to secure compliance with the requirements of the Directive.
(3)  Subsection (4) applies to—
(a)  the Secretary of State in exercising his function, and the Environment Agency in exercising its functions, under the relevant enactments in pursuance of subsection (1),
(b)  the responsible authorities in exercising their designated functions in pursuance of subsection (2).
(4)  The Secretary of State, the Environment Agency and the responsible authorities must have regard to the social and economic impact of such exercise of those functions.
(5)  Without prejudice to subsections (1) to (4), the Secretary of State and every public body and office-holder must, in exercising any functions, have regard to the desirability of protecting the water environment.
(6)  The Secretary of State may give directions (whether general or specific) and guidance to—
(a)  the Environment Agency, in relation to the exercise of its functions under the relevant enactments,
(b)  the responsible authorities, in relation to the exercise of their designated functions;
  and the Environment Agency and the responsible authorities must comply with any such directions and have regard to any such guidance.
(7)  Directions under subsection (6) may include provision for any matter to which the directions relate to be determined, in such manner (if any) as the directions may specify, by a person other than the Secretary of State.
(8)  In this section—
 "the relevant enactments" means this Part and such other enactments as the Secretary of State may by order specify,
 "responsible authorities" means such public bodies and office-holders, or public bodies and office-holders of such descriptions, as the Secretary of State may by order designate for the purposes of this Part; and
 "designated functions", in relation to a responsible authority, means such of the authority's functions relating to the water environment as are specified in relation to the authority in an order made by the Secretary of State (whether or not the order designates the authority as a responsible authority)."
 

THE BARONESS BYFORD
THE DUKE OF MONTROSE

3Insert the following new Clause—
  "Duty to conserve water resources
  The Secretary of State shall take all necessary steps to encourage the efficient use of water by all users and consumers."
 

Clause 1

 

THE BARONESS BYFORD
THE DUKE OF MONTROSE

4Page 2, line 9, after "days" insert "in any period of twelve calendar months"
 

THE BARONESS BYFORD
THE LORD DIXON-SMITH

5Page 2, line 9, at end insert—
    "(   )  Where the issue of a licence also concerns the construction of engineering facilities that are related to the supply or storage or processing of the water that is the subject of the licence applied for, the licence issuing authority shall take into account the expected life of those related facilities when considering the duration of the period for which the licence is to be issued."
 

After Clause 1

 

THE LORD LIVSEY OF TALGARTH
THE BARONESS MILLER OF CHILTHORNE DOMER

6Insert 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 BARONESS MILLER OF CHILTHORNE DOMER
THE LORD LIVSEY OF TALGARTH

7Page 2, line 42, at end insert—
    "(   )  Any new impoundment work that is subject to the drainage consent process and contains less than 25,000 cubic metres of water and is operated so as to collect water in time of flood or in the months of January, February and March in any calendar year shall be exempt from this section."
 

THE LORD LIVSEY OF TALGARTH
THE BARONESS MILLER OF CHILTHORNE DOMER

8Page 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 3

 

THE BARONESS BYFORD
THE DUKE OF MONTROSE

9Page 4, line 39, leave out "otherwise" and insert "in relation to England"
10Page 4, line 45, leave out from "means" to ", and" in line 47 and insert "the occupier of the land upon which the impounded water is held or is being discharged or the person operating the impounding machinery"
 

Clause 5

 

THE BARONESS MILLER OF CHILTHORNE DOMER
THE LORD LIVSEY OF TALGARTH

11Page 6, line 21, column 1, leave out—
  "A supply reservoir of the authority's"
12Page 6, line 21, column 2, leave out—
  "A water system of the authority's with which that reservoir is connected."
13Page 7, leave out lines 1 to 6
14Page 7, line 11, leave out from "system" to "but" in line 12
 

After Clause 5

 

THE LORD SUTHERLAND OF HOUNDWOOD

15*Insert the following new Clause—
  "Commencement and expiry of licences
(1)  A licence granted under this Chapter to abstract water to prevent interference with any mining, quarrying or engineering operations (whether underground or surface) or to prevent damage to works resulting from any such operations ("de-watering abstraction") shall be stated to take effect and to expire simultaneously with any planning permission or any extension or amendment to any planning permission granted for such mining, quarrying or engineering operations instead of a specific date, or dates, in the licence for the de-watering abstraction itself.
(2)  In all other respects, reference in this Chapter to the date on which a licence is stated to take effect and on which it expires is to be taken, insofar as a licence for de-watering abstraction is concerned, refers to the commencement and expiry dates comprised in any planning permission authorising the mining, quarrying or engineering operations relevant to the de-watering abstraction."
 

Clause 6

 

THE BARONESS BYFORD
THE DUKE OF MONTROSE

16Page 7, line 39, leave out first "the"
17Page 7, line 39, leave out "of the occupier's household"
18Page 7, line 43, leave out "the"
19Page 7, line 43, leave out "of his household"
20Page 8, line 10, at end insert "provided that such well or borehole does not impinge upon pre-existing licensed abstraction producing potable water"
 

THE BARONESS MILLER OF CHILTHORNE DOMER
THE LORD LIVSEY OF TALGARTH

21Page 8, line 27, at end insert—
    "(   )  Any such intention on the part of the Secretary of State shall be advertised in the appropriate places and be made no sooner than six months after the placing of such an advertisement."
 

Clause 7

 

THE BARONESS MILLER OF CHILTHORNE DOMER
THE LORD LIVSEY OF TALGARTH

22Page 9, line 12, after "board" insert "or from an adjacent main river under the provisions of a current Water Level Management Plan"
 

THE LORD LIVSEY OF TALGARTH
THE BARONESS MILLER OF CHILTHORNE DOMER

23Page 9, line 17, at end insert "; and
(d)  the sole purpose of the transfer is for trickle irrigation""
 

THE BARONESS MILLER OF CHILTHORNE DOMER
THE LORD LIVSEY OF TALGARTH

24Page 9, line 17, at end insert—
  "or for the purpose of alleviating imminent flooding of domestic or commercial property."
25Page 9, line 33, at end insert "; or
"(d)  flooding to domestic or commercial property"
 

THE LORD WHITTY

26Page 9, line 42, after "not" insert ", or is no longer,"
27Page 10, line 2, leave out subsection (5)
 

THE BARONESS MILLER OF CHILTHORNE DOMER
THE LORD LIVSEY OF TALGARTH

28Page 10, line 7, leave out "warping,"
 

THE BARONESS BYFORD
THE DUKE OF MONTROSE
THE LORD DIXON-SMITH

29*Page 10, line 8, leave out from "irrigation)" to end of line 10
 

After Clause 7

 

THE BARONESS BYFORD
THE DUKE OF MONTROSE

30Insert 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."
 

THE LORD SUTHERLAND OF HOUNDWOOD

31*Insert the following new Clause—
  "Compensation
  After section 61 of the WRA there is inserted—
    "61ACompensation
      Where—
    (a)  an application for a licence to abstract water to prevent interference with any mining, quarrying or engineering operations (whether underground or surface) or to prevent damage to works resulting from any such operations is first applied for as a result of the coming into force of this section (which has had the effect of making the above abstraction an abstraction to which the restriction in section 24 applies); and
    (b)  that application is—
    (i)  refused; or
    (ii)  granted subject to conditions which result in the applicant being unable to implement or continue to operate any planning permission in respect of the said mining, quarrying or engineering activities;
      the Environment Agency shall pay to the applicant compensation in respect of any loss or damage which is directly attributable to the refusal of the application or imposition of the adverse condition or conditions, and the provisions of section 61(5), (6) and (7) shall apply."."

 
continue to next page
 
 
House of Commons home page Houses of Parliament home page House of Lords home page search page enquiries index

©Parliamentary copyright 2003
26 March 2003