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Amendments to the Water Bill [HL]

Water Bill [HL]


SECOND
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 7 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.

 

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)  of 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

29Page 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

31Insert 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."."
 

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

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

Clause 10

 

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

37Page 12, line 38, after "made" insert "prior to the commencement of this section"
38Page 12, line 40, after "made" insert "prior to the commencement of this section"
39Page 13, line 17, leave out from "section" to end of line 18
40Page 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 22 to 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

50Page 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

56Page 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

61Page 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

62Page 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"

 
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©Parliamentary copyright 2003
31 March 2003