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Amendments to the Water Bill [HL]

Water Bill [HL]


MARSHALLED
LIST OF AMENDMENTS
TO BE MOVED
ON REPORT


      The amendments have been marshalled in accordance with the Instruction of 21st May 2003, as follows—

Clauses 1 to 33
Schedule 1
Clause 34
Schedule 2
Clause 35
Schedule 3
Clauses 36 to 54
Schedule 4
Schedule 8
Clauses 55 to 78
Schedule 5
Schedule 6
Clauses 79 to 93
Schedule 7
Schedule 9
Clauses 94 to 97

[Amendments marked * are new or have been altered]

Amendment
No.

 

Before Clause 1

 

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

1Insert the following new Clause—
  "Duty to conserve water resources
  The Secretary of State shall have a duty to devise and implement measures to ensure that all entities and persons who use water do so without wasting it."
 

THE BARONESS MILLER OF CHILTHORNE DOMER
THE LORD LIVSEY OF TALGARTH

2Insert the following new Clause—
  "
(1)  The Secretary of State shall by regulations ensure the timely establishment of a working framework that furthers the establishment of practices required by Directive 2000/60/EC of the European Parliament and of the Council (hereafter referred to as the "Water Framework Directive").
(2)  The regulations under subsection (1) shall in particular—
(a)  prevent further deterioration of and protect and enhance the status of the aquatic ecosystems and, with regard to their water needs, terrestrial ecosystems and wetlands directly depending on the aquatic ecosystems;
(b)  promote sustainable water use based on a long term protection of available water resources;
(c)  enhance the protection and improvement of the aquatic environment through, inter alia, specific measures and targets for the progressive reduction of discharges, emissions and losses of the priority hazardous substances;
(d)  ensure that for surface water the highest ecologicial and chemical status possible is achieved, given impacts that could not reasonably be avoided due to the nature of human activity or pollution;
(e)  for groundwater, ensure the least possible changes to good groundwater status, given impacts that could not reasonably be avoided due to the nature of human activity or pollution;
(f)  contribute to mitigating the effects of floods and droughts, in particular by measures to be developed as appropriate to each river basin according to policies developed by each river basin management committee (as defined in section 64).
(3)  The Secretary of State or the National Assembly for Wales, as appropriate, shall set targets for the achievement of the measures set out in subsection (2), the first set of targets to be introduced in December 2004, to be reviewed every six years thereafter."
 

Clause 1

 

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

3Page 2, line 8, at end insert "continuous"
 

After Clause 1

 

THE LORD LIVSEY OF TALGARTH
THE BARONESS MILLER OF CHILTHORNE DOMER

4Insert the following new Clause—
  "Impounding to create large reservoirs
  The Secretary of State in England and the First Minister in Wales shall have the power to refer planning applications for the creation of large reservoirs to a public inquiry."
 

Clause 2

 

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

5Page 2, line 42, at end insert—
"(   )  A general consent to impound water in January, February or March will be notified, catchment area by catchment area, by the Environment Agency on those days to which it applies."
6Page 2, line 42, at end insert—
"(   )  Any new impoundment work that is subject to the drainage consent process, but contains less than 25,000 cubic metres of water and is operated so as to collect water only under a general consent in the months of January, February and March in any calendar year, shall be exempt from this section."
 

THE BARONESS MILLER OF CHILTHORNE DOMER
THE LORD LIVSEY OF TALGARTH

7Page 2, line 42, at end insert—
"(   )  A general consent to impound water in any four months will be notified, catchment area by catchment area, by the Environment Agency on those days to which it applies."
8Page 2, line 42, at end insert—
"(   )  Any new impoundment work that is subject to the drainage consent process but contains less than 25,000 cubic metres of water and is operated so as to collect water only under a general consent in any four months in any calendar year shall be exempt from this section."
 

Clause 3

 

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

9Page 4, line 39, leave out "otherwise" and insert "in relation to England"
 

Clause 6

 

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

10Page 7, leave out line 38 and insert—
    "(i)  domestic use on the holding;"
11Page 7, line 42, leave out "the domestic purposes of his household" and insert "domestic use on his holding"
12Page 8, line 2, after "work" insert "provided that such work will not impinge upon pre-existing licensed abstraction producing potable water"
 

Clause 7

 

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

13Page 9, leave out lines 13 and 14
14Page 9, line 36, at end insert—
    "(   )  In the case of any emergency abstraction the Agency, upon receiving notice of the abstraction in question, shall investigate the current position under each of the headings listed in subsection (2A)(a), (b) and (c) above; and only if the danger no longer exists under any of those headings and if there is no perceived threat in the immediate future, may the Agency conclude that the emergency does not exist."
15Page 10, line 8, at end insert—
    "(   )  In deciding to extend abstraction licensing to irrigation by virtue of subsection (5) above, the Agency shall have regard to the length of time such abstraction has been practised and the purposes to which it has been put.""
 

Clause 9

 

THE BARONESS MILLER OF CHILTHORNE DOMER
THE LORD LIVSEY OF TALGARTH

16Page 12, line 4, after "State" insert "shall make regulations when requested to by such statutory bodies as are concerned with water management or"
 

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

17Page 12, line 11, at end insert—
    "(   )  The Secretary of State shall make regulations providing for qualifying abstractions for the purpose of trickle irrigation to be classed as an exemption."
 

Clause 10

 

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

18Page 13, line 33, leave out from "section" to end of line 34
 

THE LORD WHITTY

19Page 13, line 34, at end insert "or any other way"
 

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

20Page 13, line 46, after "there)" insert "or under subsection (5)"
 

Clause 15

 

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

21Page 19, line 26, at end insert—
"(   )  In subsection (3), after paragraph (b) there is inserted—
"(c)  the probable funding period required to finance the construction of engineering facilities necessary to the supply, storage or processing of the water that is the subject of the licence applied for"."
 

Clause 17

 

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

22Page 21, line 2, at end insert—
    "(   )  A protected right that has been unused for four years shall not cease under subsection (4) above if the licence holder can demonstrate that his pattern of abstraction is or has been over a longer cycle."
 

Clause 19

 

THE BARONESS MILLER OF CHILTHORNE DOMER
THE LORD LIVSEY OF TALGARTH

23Page 22, line 33, at end insert—
    "(5B)  All licenses which were hitherto expressed under subsection (5) of section 46 as remaining in force until revoked shall, over a 6 year period beginning on the 15th July 2012, be reissued to state—
    (a)  the date on which they take effect, and
    (b)  the date on which they expire.""
24Page 22, line 33, at end insert—
    "(5B)  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""
25Page 22, line 35, at end insert—
"(6)  The agency may licence a number or variety of activities on the same land-holding, by issuing a whole farm licence when it judges that to be in the interests of good regulation."
 

After Clause 19

 

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

26Insert the following new Clause—
  "Renewal of licences
  After section 46 of the WRA there is inserted—
    "46ZARenewal of licences
    (1)  Licence renewal will be subject to three tests, namely that—
    (a)  environmental sustainability must not be in question;
    (b)  the need for the licence is demonstrable;
    (c)  the water extracted under the licence is being and will be used efficiently and effectively.
    (2)  If the conditions of subsection (1) above are met, except in exceptional circumstances of extraordinary pressure on water resources in that locality, the licence will be renewed for a minimum of six years.""
 

THE LORD SUTHERLAND OF HOUNDWOOD

27Insert the following new Clause—
  "Commencement and expiry of licences
  After section 46 of the WRA there is inserted—
    "46BCommencement and expiry of licences
    (1)  A licence granted under this Chapter to abstract water—
    (a)  to prevent interference with any mining, quarrying or engineering operations (whether underground or surface); or
    (b)  to prevent damage to works resulting from such operations ("de-watering abstractions");
      shall be stated to take effect and to expire simultaneously with any planning permission or any extension or amendment to any planning permission granted for such mining, quarrying or engineering operations instead of a specific date, or dates, in the licence for the de-watering abstraction itself.
    (2)  In all other respects, reference in this Chapter to the date on which a licence is stated to take effect and on which it expires, insofar as a licence for de-watering abstractions is concerned, refers to the commencement and expiry dates comprised in any planning permission authorising the mining, quarrying or engineering operations relevant to the de-watering abstraction.""
 

Clause 20

 

THE LORD SUTHERLAND OF HOUNDWOOD

28Page 23, leave out lines 10 and 11
 

Clause 24

 

THE BARONESS O'CATHAIN
THE BARONESS BYFORD
THE LORD DIXON-SMITH

29Page 30, line 28, at end insert—
    "(8)  It shall be a defence to proceedings brought under this section that the abstractor was abstracting the water in accordance with the provisions of a licence granted under this Chapter.""
 

Clause 25

 

THE BARONESS O'CATHAIN
THE BARONESS BYFORD
THE LORD DIXON-SMITH
THE DUKE OF MONTROSE

30Page 30, line 43, at end insert—
"(   )  After subsection (4) there is inserted—
    "(   )  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 O'CATHAIN
THE BARONESS BYFORD
THE LORD DIXON-SMITH

31Page 31, line 24, at end insert—
    "(4C)  Whenever the Secretary of State determines that compensation should not be paid under this section in respect of the variation of a licence on the grounds set out in subsection (4A) above, the holder of the licence may dispute the determination by referring the dispute to the arbitration of a single arbitrator.
    (4D)  When a dispute is referred to arbitration under subsection (4C) above—
    (a)  the arbitrator shall take into account any representations that the Secretary of State, the Environment Agency or the Authority may wish to submit to him; and
    (b)  in making his award the arbitrator may confirm, revoke or vary the whole of the Secretary of State's determination, or any part of the determination whether the reference relates to that part of the determination or not.""
 

THE LORD SUTHERLAND OF HOUNDWOOD

32Page 31, line 28, at end insert—
"(   )  Subsections (3) and (4), and (4A) and (4B) (as inserted by subsection (3) above) of section 61 of the WRA shall not apply in the case of 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."

 
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©Parliamentary copyright 2003
11 June 2003