Water Bill [HL]—
Amendments to be debated in the House of Lordscontinued

House of Lords

back to previous amendments

 

Clause 8

 

THE LORD WHITTY

32Page 10, line 12, leave out "(5)" and insert "(6)"
33Page 10, line 13, at end insert—
"(   )  In section 21 (minimum acceptable flows)—
(a)  in subsection (9), the words from "and in that subsection" to the end are omitted,
(b)  after subsection (9) there is added—
"(10)  In subsection (5) above, the reference to land drainage includes—
(a)  defence against water (including sea water), irrigation (other than spray irrigation), warping and the carrying on, for any purpose, of any other practice which involves management of the level of water in a watercourse; and
(b)  the provision of flood warning systems.""
 

THE BARONESS BYFORD
THE DUKE OF MONTROSE

34Page 11, line 28, leave out second "that" and insert "this"
 

THE LORD WHITTY

35Page 11, line 29, at end insert—
    "(8)  This section is subject to section 114 of the 1995 Act (delegation or reference of appeals)."
(   )  In section 114 of the Environment Act 1995 (c. 25) (power of Secretary of State to delegate or refer in connection with appeals), in subsection (2)(a)(v), for "or 191B(5)" there is substituted "191B(5) or 199A"."
 

Clause 9

 

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

36*Page 12, line 29, leave out "cumulatively with" and insert "separately from"
 

Clause 10

 

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

37*Page 12, line 38, after "made" insert "prior to the commencement of this section"
38*Page 12, line 40, after "made" insert "prior to the commencement of this section"
39*Page 13, line 17, leave out from "section" to end of line 18
40*Page 13, line 28, leave out subsection (7)
 

Clause 11

 

THE BARONESS MILLER OF CHILTHORNE DOMER
THE LORD LIVSEY OF TALGARTH

41Page 14, line 9, at end insert—
"(   )  he has a water efficiency programme which is regarded by the Agency as encouraging best use of the water resource;"
 

Clause 13

 

THE BARONESS MILLER OF CHILTHORNE DOMER
THE LORD LIVSEY OF TALGARTH

42Page 15, line 16, at end insert—
"(   )  the willingness of the applicant to have regard to efficiency and sustainability in their use of water;
(   )  the likely effect of any abstraction on social management."
 

THE BARONESS BYFORD
THE DUKE OF MONTROSE

43Page 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;"
44Page 16, leave out lines 23 and 24
 

Clause 14

 

THE BARONESS MILLER OF CHILTHORNE DOMER
THE LORD LIVSEY OF TALGARTH

45Page 16, line 32, after "publish" insert "on its website"
46Page 16, line 36, after first "way" insert "to be reviewed regularly by the Secretary of State"
 

Clause 15

 

THE LORD WHITTY

47Page 18, line 42, at end insert "(but as if the existing licence were to continue without expiring)"
 

THE BARONESS BYFORD
THE DUKE OF MONTROSE

48Page 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.""
 

THE BARONESS MILLER OF CHILTHORNE DOMER
THE LORD LIVSEY OF TALGARTH

49Page 19, line 7, at end insert—
"(4)  In subsection (3) after paragraph (b) there is inserted "; and
(c)  meeting the established needs of abstractors not previously subject to licensing.".""
 

Clause 17

 

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

50*Page 20, leave out lines 10 to 14
 

THE BARONESS BYFORD
THE DUKE OF MONTROSE

51Page 20, line 26, leave out "four" and insert "seven"
 

Clause 18

 

THE BARONESS MILLER OF CHILTHORNE DOMER
THE LORD LIVSEY OF TALGARTH

52Page 21, line 20, at end insert—
"(f)  details of how the existence of a register will be made known to potential registrees."
 

Clause 19

 

THE BARONESS BYFORD
THE DUKE OF MONTROSE

53Page 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

54Page 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 BARONESS O'CATHAIN
THE BARONESS BYFORD
THE BARONESS MILLER OF CHILTHORNE DOMER
THE LORD LIVSEY OF TALGARTH

55Page 22, line 21, at end insert—
    "(5B)  In determining the period that a licence under this Chapter shall remain in force, the Agency shall take into account—
    (a)  the life-expectancy of any associated infrastructure works (existing and prospective); and
    (b)  the costs of those works (actual and projected), and the period over which those costs may reasonably be expected to have to be recovered.""
 

THE BARONESS MILLER OF CHILTHORNE DOMER
THE LORD LIVSEY OF TALGARTH

56*Page 22, line 21, at end insert—
    "(   )  Every licence under this Chapter shall be subject to a duty to use the water abstracted in an efficient manner, so as to further water conservation."
 

THE LORD BEAUMONT OF WHITLEY

57Page 22, line 23, at end insert—
"(6)  All licences which were hitherto expressed under section 46(5) of the WRA 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

58Page 22, line 28, leave out "whose term exceeded twelve months but"
59Page 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"
 

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

60Page 23, line 15, at end insert—
    "(5)  There shall be a presumption that any licence in respect of which the conditions of this section are met shall be renewed unless the Agency is able to show that revocation is necessary in order to protect any waters or underground strata, or any flora or fauna dependent on them, from serious damage."
 

THE LORD SUTHERLAND OF HOUNDWOOD

61*Page 23, line 15, at end insert—
"(   )  In the event of an application under this section for a new 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 (de-watering abstraction), the conditions in subsection (2) are varied in that the reference to abstraction taking place from the same point as the abstraction licence by the expiring licence refers to the abstraction point as being any point within the area which has the benefit of planning permission for the mining, quarrying or engineering operations.
(   )  In all other respects the requirement at subsection (2) above remain the same."
 

Clause 23

 

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

62*Page 28, leave out lines 1 and 2
 

THE LORD WHITTY

63Page 28, line 20, after "shall" insert ", if the old licence was a full licence,"
 

THE BARONESS BYFORD
THE DUKE OF MONTROSE

64Page 28, line 25, leave out "four" and insert "seven"
 

Clause 24

 

THE BARONESS MILLER OF CHILTHORNE DOMER
THE LORD LIVSEY OF TALGARTH

65Page 29, line 31, after ""abstractor")" insert ", such abstraction being subject to licence,"
 

Clause 25

 

THE BARONESS BYFORD
THE DUKE OF MONTROSE
THE BARONESS MILLER OF CHILTHORNE DOMER
THE LORD LIVSEY OF TALGARTH

66Page 30, line 34, leave out subsection (2)
 

THE BARONESS O'CATHAIN
THE BARONESS BYFORD

67Page 30, line 34, at end insert—
"(2A)  After subsection (4) insert—
    "(   )  Subsection (4) above shall not apply while the possibility of the abstraction of water under the licence constitutes part of—
    (a)  any water resource management scheme maintained under section 20, 20A or 20B above; or
    (b)  any drought plan maintained under section 39B above.""
 

THE BARONESS MILLER OF CHILTHORNE DOMER
THE LORD LIVSEY OF TALGARTH

68Page 31, line 3, leave out "conditions" and insert "condition"
69Page 31, line 3, leave out "are" and insert "is"
70Page 31, line 4, leave out "Those conditions are" and insert "The condition is"
71Page 31, leave out lines 5 to 11 and insert "the variation is made no sooner than the end of the period of four years beginning with the date on which the licence took effect."
 

Clause 26

 

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

72*Page 31, line 33, at end insert—
"(   )  the holder of licence A has been informed of the extra efficiencies which would accompany the granting of licence B, has been given 60 working days to devise a means of matching them and thereafter has been unable to convince the Agency of their viability"
 

Clause 27

 

THE LORD BEAUMONT OF WHITLEY

73Page 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.
 

Before Clause 28

 

THE BARONESS MILLER OF CHILTHORNE DOMER
THE LORD LIVSEY OF TALGARTH

74Insert the following new Clause—
  "General provisions with respect to water
  In section 6(2)(b) of the Environment Act 1995 (c. 25), at end insert "in particular the efficient use of water by all abstractors"."
 

Clause 28

 

THE BARONESS BYFORD
THE DUKE OF MONTROSE

75Page 32, leave out lines 40 and 41
 

Clause 30

 

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

76*Page 35, leave out lines 27 to 31

 
back to previous pagecontinue 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