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Water Bill [HL]


Water Bill [HL]
Part 1 — Abstraction and impounding

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     (3)    After subsection (4) there is inserted—

           “(4A)              No compensation shall be payable under this section in respect of the

variation of a full licence, or of a transfer licence which specifies a

minimum value under section 46(2A) above, so as to reduce the

quantity of water which the holder of the licence is authorised by the

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licence to abstract from the source of supply to which the licence relates

if—

                  (a)                 the ground for varying the licence is that the Secretary of State

is satisfied that the variation is necessary in order to protect the

availability of water in the source of supply to which the licence

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relates;

                  (b)                 the variation does not reduce the quantity of water which the

holder of the licence is authorised by the licence to abstract to

less than the minimum value specified in the licence under

section 46(2A) above for the purposes of this subsection; and

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                  (c)                 the conditions set out in subsection (4B) below are satisfied.

           (4B)              Those conditions are that—

                  (a)                 the licence was granted after the coming into force of section 19

of the Water Act 2003;

                  (b)                 the variation is made no sooner than the end of the period of six

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years beginning with the date on which the licence took effect;

and

                  (c)                 the variation takes effect no sooner than the end of the period of

six years beginning with the date of the variation.”

     (4)    The amendment made by subsection (2) has effect in relation to the revocation

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or variation of a licence only if the period referred to in section 61(4) of the

WRA during which no water was abstracted in pursuance of the licence began

after the coming into force of that subsection.

 26    Recovery of compensation from new licence-holder

After section 61 of the WRA there is inserted—

30

       “61A            Recovery of compensation from new licence-holder

           (1)           This section applies where compensation has been paid under section

61 above to the holder of a licence (“licence A”) following its revocation,

and—

                  (a)                 the holder of licence A was a water undertaker;

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                  (b)                 at the time of the revocation an application from a qualifying

person for a licence to abstract water (“licence B”) was

outstanding;

                  (c)                 if the Agency had granted licence B while licence A still had

effect, the Agency would have been in breach of the duty

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imposed on it by section 39(1) above owed to the holder of

licence A;

                  (d)                 the ground for revoking licence A was that the Agency was of

the view that in the interests of greater efficiency in the use of

water resources it would be better for licence B to be granted

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and licence A revoked; and

                  (e)                 the Agency proposes to grant licence B.

 

 

Water Bill [HL]
Part 1 — Abstraction and impounding

    32

 

           (2)           If this section applies, the Agency may (if licence B is granted) recover

from the qualifying person the amount of the compensation referred to

in subsection (1) above (or such lesser amount as the Agency

determines).

           (3)           Subsection (6) of section 41 of the 1995 Act (which confers powers to

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make schemes imposing charges) shall apply to the amount referred to

in subsection (2) above as if it were a charge due and payable to the

Agency in respect of the subsistence of licence B.

           (4)           In this section, “qualifying person” means—

                  (a)                 a water undertaker; or

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                  (b)                 a person who has made an application for an appointment or

variation replacing a company as a water undertaker under

section 8 of the Water Industry Act 1991 which has not been

determined.”

 27    Withdrawal of compensation for certain revocations and variations

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     (1)    This section applies where—

           (a)           a licence to abstract water is revoked or varied on or after 15th July 2012

in pursuance of a direction under section 54 or 56 of the WRA;

           (b)           the licence was granted before the coming into force of section 19 of this

Act;

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           (c)           the licence is one which is expressed to remain in force until revoked;

and

           (d)           the ground for revoking or varying the licence is that the Secretary of

State is satisfied that the revocation or variation is necessary in order to

protect any waters or underground strata, or any flora and fauna

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dependent on them, from serious damage.

     (2)    Where this section applies, no compensation is payable under section 61 of the

WRA in respect of the revocation or variation of the licence.

Water resources management schemes

 28    Water resources management schemes: other abstractors

30

After section 20 of the WRA there is inserted—

       “20A            Water resources management schemes: other abstractors

           (1)           The Agency may enter into and maintain such arrangements with

holders of abstraction licences other than water undertakers for

securing the proper management or operation of—

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                  (a)                 the waters from which they have the right by virtue of their

licences to abstract water; and

                  (b)                 any reservoirs, apparatus or other works which are used for the

purposes of or in connection with their abstractions and which

belong to them, are operated by them or are otherwise under

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their control,

                                       as the Agency from time to time considers appropriate for the purpose

of carrying out its functions under section 6(2) of the 1995 Act.

 

 

Water Bill [HL]
Part 1 — Abstraction and impounding

    33

 

           (2)           Without prejudice to the power of the Agency and any holder of an

abstraction licence to include any such provision as may be agreed

between them in arrangements under this section, such arrangements

may—

                  (a)                 make provision by virtue of subsection (1)(a) above with respect

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to the construction or installation of any reservoirs, apparatus

or other works which the holder of the licence will use for the

purposes of or in connection with his abstraction;

                  (b)                 contain provision requiring payments to be made by the

Agency to the holder of the licence; and

10

                  (c)                 require the reference to and determination by the Secretary of

State or the Water Services Regulation Authority of questions

arising under the arrangements.

           (3)           The Agency shall send a copy of any arrangements entered into by it

under this section to the Secretary of State.

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           (4)           In this section, references to abstraction licences are to licences under

Chapter 2 of this Part to abstract water.”

 29    Water resources management schemes: referral to Secretary of State

     (1)    After section 20A of the WRA (inserted by section 28) there is inserted—

       “20B            Water resources management schemes: referral to Secretary of State

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           (1)           This section applies where—

                  (a)                 the Agency has sought to enter into arrangements acceptable to

it under section 20 or 20A above, but is satisfied that the other

party is unwilling to enter into such arrangements or to do so on

terms appearing to the Agency to be reasonable; or

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                  (b)                 having entered into such arrangements, the Agency has sought

to renew or vary them but is satisfied that the other party is

unwilling to do so or to do so on terms appearing to the Agency

to be reasonable.

           (2)           Where this section applies, the Agency may refer to the Secretary of

30

State the question (as the case may be)—

                  (a)                 whether such arrangements should be entered into, and if so, on

what terms; or

                  (b)                 whether the arrangements should be renewed or varied (as the

case may be) and if so, on what terms.

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           (3)           If the Secretary of State determines that arrangements should be

entered into or (as the case may be) renewed or varied, such

arrangements on the terms determined by the Secretary of State shall be

enforceable—

                  (a)                 by civil proceedings by the Secretary of State for an injunction

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or for any other appropriate relief; and

                  (b)                 where the other party is a water undertaker, also under section

18 of the Water Industry Act 1991 (enforcement orders) by the

Secretary of State.

           (4)           The functions of the Secretary of State under subsection (2) above shall

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be treated for the purposes of section 114 of the 1995 Act (delegation or

 

 

Water Bill [HL]
Part 1 — Abstraction and impounding

    34

 

reference of appeals) as if they were functions to which paragraph (a)

of subsection (1) of that section applied.”

Enforcement

 30    Enforcement notices, and related procedures and offences

After section 25 of the WRA there is inserted—

5

       “25A            Enforcement notices

           (1)           Subject to the following provisions of this section, where it appears to

the Agency that a person is—

                  (a)                 in breach of section 24(1) or (2) or section 25(1) above; or

                  (b)                 for the purposes of section 24 or 25 above a holder of a licence

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under this Chapter and has not complied with a condition or

requirement imposed by the provisions, as for the time being in

force, of that licence,

                                       the Agency shall be entitled to serve an enforcement notice on him if the

condition in subsection (2) below is satisfied.

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           (2)           The condition is that it appears to the Agency that the breach or failure

to comply is causing or is likely to cause significant damage to the

environment.

           (3)           An enforcement notice is a notice requiring the person on whom it is

served—

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                  (a)                 to cease his breach of section 24(1) or (2) or section 25(1) above,

or to comply with the condition or requirement in question; and

                  (b)                 to carry out any works or operations specified in the notice.

           (4)           The works or operations which may be specified are works or

operations which it appears to the Agency are appropriate for the

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purpose of remedying or mitigating the effects of the breach or failure

to comply, and may include—

                  (a)                 works or operations for the purpose, so far as it is reasonably

practicable to do so, of restoring any affected waters, including

any flora and fauna dependent on them, to their state

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immediately before the breach or failure to comply; and

                  (b)                 in the case of a breach of section 25(1) above, the removal of any

unauthorised impounding works or the reversal of any

unauthorised alteration to impounding works.

           (5)           An enforcement notice must specify the periods within which the

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person on whom it is served must do each of the things specified in the

notice.

           (6)           Before serving an enforcement notice on any person, the Agency shall

take reasonable steps to consult that person about the works or

operations which are to be specified in the notice.

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           (7)           The Secretary of State may by regulations make provision for or in

connection with—

                  (a)                 the form or content of enforcement notices;

 

 

Water Bill [HL]
Part 1 — Abstraction and impounding

    35

 

                  (b)                 requirements for consultation, before the service of an

enforcement notice, with persons other than the person upon

whom the notice is to be served;

                  (c)                 steps to be taken for the purposes of any consultation required

under subsection (6) above or regulations made by virtue of

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paragraph (b) above;

                  (d)                 any other steps of a procedural nature which are to be taken in

connection with, or in consequence of, the service of an

enforcement notice.

           (8)           An enforcement notice is not invalid, or invalidly served, merely

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because of a failure to comply with subsection (6) above or with

regulations made by virtue of subsection (7)(b) above.

           (9)           The Secretary of State may, if he thinks fit in relation to any person, give

directions to the Agency as to whether or how it should exercise its

powers under this section.

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           (10)          In proceedings for any offence under section 24 or 25 above against a

person upon whom an enforcement notice has been served, the

following are not to be taken as evidence that he has committed the

offence—

                  (a)                 the fact that an enforcement notice has been served on him;

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                  (b)                 the fact that he does not appeal against it;

                  (c)                 the fact that on an appeal against it the notice is confirmed

(whether with or without modifications).

       25B            Rights of entry and appeals

      Sections 161B and 161C below (including any power to make

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regulations) shall apply in relation to enforcement notices as they apply

in relation to works notices under section 161A below.

       25C            Consequences of not complying with an enforcement notice

           (1)           If a person on whom the Agency serves an enforcement notice fails to

comply with any of its requirements, he shall be guilty of an offence.

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           (2)           A person who commits an offence under subsection (1) above shall be

liable—

                  (a)                 on summary conviction, to a fine not exceeding £20,000;

                  (b)                 on conviction on indictment, to a fine.

           (3)           If a person on whom an enforcement notice has been served fails to

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comply with any of its requirements, the Agency may do what that

person was required to do and may recover from him any costs or

expenses reasonably incurred by the Agency in doing it.

           (4)           If the Agency is of the opinion that proceedings for an offence under

subsection (1) above would afford an ineffectual remedy against a

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person who has failed to comply with the requirements of an

enforcement notice, the Agency may take proceedings in the High

Court for the purpose of securing compliance with the notice.”

 

 

 
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