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

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Duty to provide copy of draft order

 2      Where an application for an order is made, the Agency shall, at the request of any person, furnish him with a copy of the draft order on payment of such charge as the Agency thinks reasonable.
 

Making of order

 3   (1)   Where an application for an order is made, the Secretary of State may make the order either in the form of the draft or in that form as altered in such manner as he thinks fit.
(2)      Where the Secretary of State—
(a)  proposes to make any alteration of an order before making it; and
(b)  considers that any persons are likely to be adversely affected by it,
  the Agency shall give and publish such additional notices, in such manner, as the Secretary of State may require.
(3)      Sub-paragraph (4) below shall apply if before the end of—
(a)  the period of twenty-eight days referred to in sub-paragraph (2)(b) of paragraph 1 above;
(b)  the period of twenty-five days from the publication in the London Gazette of the notice under sub-paragraph (5) of that paragraph; or
(c)  any period specified in notices under sub-paragraph (2) above,
  notice of an objection is received by the Secretary of State from any person on whom a notice is required by this Schedule to be served, from any other person appearing to the Secretary of State to be affected by the order (either as prepared in draft or as proposed to be altered) or, in a case where Secretary of State directed the Agency to apply for the order, from the Agency.
(4)      Where this sub-paragraph applies and the objection in question is not withdrawn, the Secretary of State, before making the order, may take such steps as he sees fit and, in particular, may—
(a)  cause a local inquiry to be held; or
(b)  afford to the objector and to the Agency an opportunity of appearing before, and being heard by, a person appointed by the Secretary of State for the purpose.
(5)      Where—
(a)  the order (whether as prepared in draft or as proposed to be altered) relates to any tidal water situated in Wales (or in area of the sea adjoining either the coast of Wales or an area of sea forming part of Wales); and
(b)  no navigation authority, harbour authority or conservancy authority has functions in relation to that tidal water,
      the Secretary of State shall not make the order except with the approval of the Secretary of State for Transport.
 

Notice and inspection of final order

 4   (1)   Where an order is made under section 27A(1) or 39B(3) of this Act, whether in the form of the draft proposed by the Agency or with alterations, the Secretary of State shall give notice to the Agency—
(a)  stating that the order has been made, either without alteration or with alterations specified in the notice; and
(b)  specifying the date (not being earlier than twenty-eight days after the date of the notice under this paragraph) on which the order shall have effect;
  and the Agency shall forthwith publish the notice.
(2)      The Agency shall keep a copy of every order made under section 27A(1) or 39B(3) of this Act available at its offices for inspection by the public, free of charge, at all reasonable times."."
 

Clause 94

 

THE LORD SUTHERLAND OF HOUNDWOOD

186Page 118, line 7, at end insert—
"(   )  Upon the coming into force of section 7 of this Act, section 24 of the WRA shall not apply to abstraction of water to prevent interference with any mining, quarrying or engineering operations (whether underground or surface) or to prevent interference or damage to works resulting from any such operations for a period of 12 months or if later final and lawful determination of an application for a licence."
 

THE LORD HOWIE OF TROON

186APage 118, line 7, at end insert—
"(6)  Upon the coming into force of section 7 of this Act, section 24 of the WRA shall not apply to abstraction of water to prevent interference with any mining, quarrying or engineering operations (whether underground or surface) or to prevent interference damage to works resulting from any such operations until the end of the period for determination of the licence has been set."
 

Clause 95

 

THE LORD SUTHERLAND OF HOUNDWOOD

187Page 118, line 37, at end insert—
"(   )  at the coming into force of section 7 was carrying out the abstraction of 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 or was contemplating carrying out such abstraction in pursuance of planning permission for the winning and working of minerals extant at that date,"
 

THE LORD HOWIE OF TROON

187APage 119, line 4, at end insert—
    "(iv)  or in respect of the abstraction of water to prevent interference with any mining, quarrying or engineering operations (whether ground or surface) or to prevent damage to works resulting from any such operations."
 

THE BARONESS BYFORD
THE DUKE OF MONTROSE

188Page 119, line 14, at end insert—
"(   )  Within 12 months of Royal Assent, the Secretary of State shall lay before Parliament a report on the state of the water legislation, together with a timetable for a consolidation programme covering the water legislation and a draft consolidation bill covering this Act and previous related Acts."
 

Clause 96

 

THE LORD WHITTY

189Page 119, line 17, at end insert—
"(   )  A statutory instrument containing an order or regulations—
(a)  made by the Secretary of State under any provision of this Act except section 10 (but including section 97), and
(b)  which contains (or contain) provision amending or repealing any enactment,
  shall not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament."
190Page 119, line 18, at beginning insert "Otherwise,"
191Page 119, line 22, leave out subsection (3)
 

Clause 97

 

THE BARONESS BYFORD
THE DUKE OF MONTROSE

192Page 120, line 11, at end insert—
"(   )  Before bringing any Part of this Act into force, the Secretary of State shall make a statement declaring that its provisions are compatible with those of 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."
193Page 120, line 11, at end insert—
"(   )  No Part of this Act shall come into force until such a time as Directive 2000/60/EC of the European Parliament and of the Council has been implemented."
 

In the Title

 

THE BARONESS MILLER OF CHILTHORNE DOMER
THE LORD LIVSEY OF TALGARTH

194Line 1, at beginning insert "To make further provision for, or in connection with, the protection of the water environment,"

 
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7 April 2003