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

House of Lords

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Clause 59

 

THE BARONESS MILLER OF CHILTHORNE DOMER
THE LORD LIVSEY OF TALGARTH
THE EARL OF MAR AND KELLIE

171Page 73, line 10, after "measures;" insert—
"(   )  the recreational purposes to which areas of open water, within the undertaker's control, may be used to the benefit of the public;"
 

THE BARONESS MILLER OF CHILTHORNE DOMER
THE LORD LIVSEY OF TALGARTH

171APage 73, line 12, at end insert—
"(e)  the environmental implications of the supply of the quantities of water required to meet those obligations."
 

Clause 60

 

THE BARONESS MILLER OF CHILTHORNE DOMER
THE LORD LIVSEY OF TALGARTH

172Page 77, line 11, at end insert—
    "(   )  It shall be the duty of each abstractor to produce a drought plan."
172APage 77, line 31, at end insert—
"(e)  the environmental implementation implications of the supply of the quantities of water required to meet those obligations."
 

Clause 63

 

THE LORD LIVSEY OF TALGARTH

173Page 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

174Insert 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

175Page 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.""
176Page 81, line 12, at end insert—
"(   )  After sub-paragraph (2) there is inserted—
    "(2A)  The Agency shall assume responsibility for the management of all non-main river streams from local authorities.
    (2B)  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

177Insert the following new Clause—
  "Freshwater fisheries
  The Agency shall have the power to promote the development of ecologically sustainable fresh water fisheries."
 

Clause 69

 

THE BARONESS MILLER OF CHILTHORNE DOMER
THE LORD LIVSEY OF TALGARTH

178Page 83, line 21, at end insert—
"(   )  in subsection (1) of section 1 (ambit of Act and interpretation) after "for navigations" there is inserted "and shall not include any reservoir which it is established poses negligible risk to public safety","
 

Clause 72

 

THE BARONESS MILLER OF CHILTHORNE DOMER
THE LORD LIVSEY OF TALGARTH

179Page 85, line 16, after "may" insert "after consultation with all interested parties"
 

THE EARL PEEL

179A*Page 85, line 17, after first "a" insert "large, raised"
 

Clause 76

 

THE BARONESS MILLER OF CHILTHORNE DOMER
THE LORD LIVSEY OF TALGARTH

180Page 88, line 20, at end insert—
"(   )  The Secretary of State shall require appliances using water to be labelled so as to be clear to the purchaser the volume of water they may expect the appliance to require in order to fulfil the purpose for which it is purchased."
 

Clause 78

 

THE LORD WHITTY

181Page 90, leave out lines 39 to 42
 

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.
 

After Schedule 6

 

THE BARONESS O'CATHAIN
THE BARONESS BYFORD

182Insert the following new Schedule—
 "SCHEDULE 6A
Regulatory appeals
      After Schedule 15 to the WIA there is inserted—
 "SCHEDULE 16
Regulatory appeals

 PART 1
  Reservoirs Act 1975

Legislative provisionDescriptionDecision-makers
Section 12AFlood plansSecretary of State
The Assembly
Environment Agency

 PART 2
 Water Resources Act 1991

Legislative provisionDescriptionDecision-makers
Section 20BWater Resource
Management Schemes
Secretary of State
Section 61Deprivation of the right
to compensation in
relation to abstraction
licences
Secretary of State

 PART 3
 Water Industry Act 1991

Legislative provisionDescriptionDecision-makers
Section 21Final Enforcement OrdersSecretary of State
The Assembly
The Authority
Section 22EFinancial PenaltiesSecretary of State
The Assembly
The Authority
Sections 27C to 27J, 29,
29A, 192B, 201 and 206
To the extent that such
provisions relate to the
public disclosure of
information
The Council
The Authority
Sections 37B and 37CWater Resource
Management Plans
Secretary of State
Water undertakers
Sections 39B and 39CDrought PlansSecretary of State
Water undertaker
Section 101ARural SewerageEnvironment Agency
Sections 132 and 133(6)Special Category EffluentEnvironment Agency

 PART 4
 Water Act 2003

Legislative provisionDescriptionDecision-makers
Section 27Deprivation of right to
compensation in
relation to abstraction
licences
Secretary of State""
 

After Clause 80

 

THE LORD HASKEL

183Insert the following new Clause—
  "Discharge consents: removing restrictions on review
(1)  Schedule 10 to the WRA is amended as follows.
(2)  In paragraph 7(2), the words "Subject to such restrictions on the exercise of the power conferred by this sub-paragraph as are imposed under paragraph 8 below," are omitted.
(3)  In paragraph 7(4), the words ", subject to such restrictions on the exercise of the power conferred by virtue of paragraph (c) above as are imposed under paragraph 8 below," are omitted.
(4)  Paragraphs 7(5) and (6) are omitted.
(5)  Paragraph 8 is omitted.
(6)  After paragraph 7(1) there is inserted—
    "(1A)  Where any consent given under paragraph 3 or 6 above authorises a discharge—
    (a)  of any substances defined as a priority substance by Directive 2000/60/EC; or
    (b)  into any controlled waters which do not meet the definition of "good surface water status" set out in Directive 2000/60/EC,
      the Agency shall review such consent and the conditions (if any) to which the consent is subject at least once in every period of four years beginning with the day on which the consent takes effect or, if applicable, the day on which any previous review under this paragraph was concluded.".
(7)  In paragraph 7(3) after "a review under sub-paragraph (1)", there is inserted "or (1A)"."
 

Clause 82

 

THE LORD LIVSEY OF TALGARTH
THE BARONESS MILLER OF CHILTHORNE DOMER

184Page 96, line 2, at end insert—
"(ab)  after subsection (1) there is inserted—
    "(   )  The Agency shall continue to monitor water quality and chemical and bacterial pollution, through water sampling, and is 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

185Page 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."
 

After Clause 91

 

THE BARONESS O'CATHAIN

185ZAInsert the following new Clause—
  "Liability of owners etc. for charges in prescribed cases
(1)  In section 144 of the WIA (liability of occupiers etc. for charges) in subsection (1), after "of this section" insert "and of section 144AA below".
(2)  After section 144 of the WIA there is inserted—
    "144AALiability of owners etc. for charges in prescribed cases
    (1)  In respect of any premises of a class prescribed for the purposes of this section, section 144 above shall take effect as if for the references throughout that section to the occupier, or the occupation of premises there, were substituted references to the owner or the ownership of such premises.
    (2)  Regulations made for the purposes of subsection (1) above may provide—
    (a)  that in relation to any premises of such a prescribed class as may be specified, subsection (1) above shall have effect as if for the references to owners and ownership of such premises there were substituted a reference to such persons and such rights as may be prescribed;
    (b)  that persons of such a class as may be specified shall be excluded from the application of such regulations notwithstanding that they are in relation to premises of a prescribed class the owner or such other person specified under paragraph (a) above;
    (c)  that the owner or occupier of any premises of a class prescribed pursuant to subsection (1) above which are supplied with water or provided with sewerage services by a relevant undertaker in the course of carrying out its functions shall, when requested in writing to do so by the undertaker, provide the undertaker with such information as may be prescribed concerning the ownership or occupation of those premises;
    (d)  that such statutory undertakers or public bodies as may be specified shall, when requested in writing to do so by the undertaker, provide the undertaker with such information as may be prescribed concerning the current or former ownership or occupation of any premises of a class prescribed pursuant to subsection (1) above which are or have been supplied with water or provided with sewerage services by a relevant undertaker in the course of carrying out its functions.""
 

Clause 92

 

THE LORD WHITTY

185APage 116, line 31, after "and" insert "(so far as it relates to section 27A)"
 

Schedule 7

 

THE LORD WHITTY

185BPage 173, leave out lines 29 to 44 and insert—
      "For Schedule 6 (which relates to the making of orders providing for exemption from restrictions on abstraction) there is substituted—
     

    "SCHEDULE 6

    Sections 27A and 39B

     

    ORDERS RELATING TO ABSTRACTION OF SMALL QUANTITIES AND
    COMPULSORY REGISTRATION OF PROTECTED RIGHTS

     

    Notice of draft order

     1   (1)   An application to the Secretary of State for an order under section 27A(1) or 39B(3) of this Act (an "order") shall be accompanied by a draft of the proposed order.
    (2)      Before submitting a draft order to the Secretary of State, the Agency shall publish a notice—
    (a)  stating the general effect of the draft order;
    (b)  specifying the place where a copy of the draft order, and of any relevant map or plan, may be inspected by any person free of charge at all reasonable times during the period of twenty-eight days beginning with the date of first publication of the date; and
    (c)  stating that any person may within that period, by notice to the Secretary of State, object to the making of the order.
    (3)      A notice under this paragraph shall be published either—
    (a)  at least once in each of two successive weeks, in one or more newspapers circulating in the area to which the draft order relates; or
    (b)  in any other manner which, in any particular case, may be certified by the Secretary of State to be expedient in that case.
    (4)      Not later than the date on which the notice is first published in pursuance of sub-paragraph (2) above, the Agency shall serve a copy of the notice on—
    (a)  every local authority (in its capacity as the local planning authority), joint planning board or National Park authority whose area consists of, includes or is included in the area to which the draft order relates;
    (b)  any relevant water undertaker;
    (c)  any internal drainage board—
    (i)  whose district consists of, includes or is included in the area to which the draft order relates;
    (ii)  from whose district water is discharged into any relevant source of supply; or
    (iii)  into whose district water is discharged from any relevant source of supply;
    (d)  any navigation authority, harbour authority or conservancy authority having functions in relation to—
    (i)  any relevant source of supply; or
    (ii)  any related inland waters;
    (e)  if a relevant source of supply or related inland waters are tidal waters in relation to which there is no such navigation authority, harbour authority or conservancy authority, the Secretary of State for Transport;
    (f)  any person authorised by a licence under Part 1 of the Electricity Act 1989 to generate electricity who is (in that capacity) the holder of a licence to abstract water under Chapter 2 of Part 2 of this Act from—
    (i)  any relevant source of supply; or
    (ii)  any related inland waters;
    (g)  English Nature, if the area to which the order relates is or includes England, or part of it;
    (h)  the Countryside Council for Wales, if the area to which the order relates is or includes Wales, or part of it; and
    (i)  the Broads Authority (established under the Norfolk and Suffolk Broads Act 1988), if the area to which the order relates is or includes the Broads (as defined in that Act), or part of it.
    (5)      Where an application for an order is made, the Agency shall also publish a notice in the London Gazette—
    (a)  stating that the draft order has been submitted to the Secretary of State;
    (b)  naming the areas of each of the authorities or boards in respect of which a copy of the notice is required to be served under sub-paragraph (4)(a) above;
    (c)  specifying a place where a copy of the draft order and of any relevant map or plan may be inspected; and
    (d)  where the notice required by sub-paragraph (2) above is published in a newspaper, giving the name of the newspaper and the date of an issue containing the notice.
    (6)      In this paragraph—
    (a)  where a draft order makes provision generally (rather than for a specified geographical area), references to the area to which the order relates are to the whole area (whether England, Wales or both of them) in relation to which the order is applied;
    (b)  references to a National Park authority are to a National Park authority established under Part 3 of the 1995 Act;
    (c)  a "relevant source of supply", in relation to a draft order, means—
    (i)  if the draft order relates only to particular sources of supply (or a class of them) in an area, any of those sources of supply (or any source of supply in that class) in that area;
    (ii)  otherwise, any source of supply in the area to which the draft order relates;
    (d)  a "relevant water undertaker", in relation to a draft order, means a water undertaker which is the holder of a licence to abstract water under Chapter 2 of Part 2 of this Act from—
    (i)  a relevant source of supply; or
    (ii)  a source of supply which is related to a relevant source of supply;
    (e)  for the purposes of paragraph (d) above, a source of supply (the "related source") is related to a relevant source of supply if it appears to the Agency that, having regard to the extent to which the level or flow of water in the related source depends on the level or flow of the waters in the relevant source of supply, the ability of the water undertaker to abstract water from the related source in accordance with its licence may be substantially affected as a result of the draft order;
    (f)  "related inland waters" are inland waters the level or flow of which may, in the Agency's opinion, be affected by changes in the level or flow of the waters in a relevant source of supply.

 
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31 March 2003