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

House of Lords

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"WATER CONSERVATION

  Water conservation duty for all public bodies
  It is the duty of—
(a)  any Minister of the Crown (within the meaning of the Ministers of the Crown Act 1975 (c. 26));
(b)  any government department;
(c)  the National Assembly for Wales;
(d)  a person holding office—
(i)  under the Crown;
(ii)  created or continued in existence by a public general Act of Parliament; or
(iii)  the remuneration in respect of which is paid out of money provided by Parliament;
(e)  a statutory undertaker (meaning the persons referred to in section 262(1), (3) and (6) of the Town and Country Planning Act 1990 (c. 8)); and
(f)  any other public body of any description;
  in carrying out his or its functions, to have regard, so far as is consistent with the proper exercise of those functions, to the purpose of furthering the conservation of water."
 

THE BARONESS O'CATHAIN
THE BARONESS BYFORD

156Insert the following new Clause—
  "Restriction on undertakers' power to require fixing of charges by reference to volume
  In section 144B of the WIA, in subsection (1)(c) after "prescribed" there shall be inserted "by the Secretary of State, on application by a water undertaker or the Environment Agency,"."
 

After Clause 61

 

THE BARONESS O'CATHAIN
THE BARONESS BYFORD

157Insert the following new Clause—
  "Water resource management plans and drought plans: implementation
  After section 39A of the WIA there is inserted—
    "39DWater resource management plans and drought plans: implementation
      In carrying out their respective functions, the Environment Agency and the Authority shall—
    (a)  take into account the requirements of—
    (i)  all water resource management plans prepared in accordance with sections 37A and 37D above, and
    (ii)  all drought plans prepared in accordance with sections 39B and 39C above; and
    (b)  in that regard co-ordinate the exercise of their respective functions.""
 

After Clause 63

 

THE LORD EVANS OF TEMPLE GUITING

157AInsert the following new Clause—
  "Membership of regional flood defence committees in Wales
  After section 16 of the Environment Act 1995 (c. 25) there is inserted—
    "16APower to alter composition of regional flood defence committees in Wales
    (1)  This section applies in relation to any regional flood defence committee which satisfies (or, upon the coming into force of an order made under Schedule 4 to this Act, will satisfy) both of the conditions in subsection (2) below (a "Welsh committee").
    (2)  The conditions are—
    (a)  the whole or the greater part of the committee's area is in Wales; and
    (b)  no local flood defence scheme is in force in relation to the area of the committee.
    (3)  The National Assembly for Wales may by order made by statutory instrument make provision determining—
    (a)  the total number of members of a Welsh committee; and
    (b)  the method of selection and appointment of the chairman and other members of the committee (including who is to appoint them).
    (4)  An order under subsection (3) may—
    (a)  apply either to Welsh committees generally or to a particular Welsh committee;
    (b)  include such supplemental, consequential and transitional provision as the National Assembly for Wales considers appropriate.
    (5)  In relation to a Welsh committee whose area is not wholly in Wales—
    (a)  the power to make an order under subsection (3) above may be exercised only with the agreement of the Secretary of State; and
    (b)  a statutory instrument containing an order under that subsection shall be subject to annulment in pursuance of a resolution of either House of Parliament.
    (6)  An order under subsection (3) above shall not be considered local in nature for the purposes of section 58(6) of the Government of Wales Act 1998 (definition of "Assembly general subordinate legislation").
    (7)  Section 15 above (or, where the order is being made in conjunction with an order under Schedule 4 to this Act, that Schedule) shall not apply for the purposes of making an order under subsection (3) above.
    16BEffect of order under section 16A
    (1)  Sections 15 and 16 above and section 18A(3) below shall not apply to a regional flood defence committee in respect of which an order under section 16A above is in force.
    (2)  In relation to any such committee, section 18 below shall have effect as if—
    (a)  paragraph (b) of subsection (4) read "other members appointed in accordance with and subject to the terms of the local flood defence scheme"; and
    (b)  paragraph (c) of subsection (4), and subsection (5), were omitted.
    (3)  In relation to any such committee whose membership does not include any member appointed by or on behalf of a constituent council, Schedule 5 to this Act shall have effect as if—
    (a)  in paragraph 1(1), the words "other than those appointed by or on behalf of one or more constituent councils" were omitted;
    (b)  sub-paragraphs (2), (3) and (4) of paragraph 1 were omitted; and
    (c)  paragraphs 2 and 9 were omitted.""
 

Clause 64

 

THE BARONESS MILLER OF CHILTHORNE DOMER
THE LORD LIVSEY OF TALGARTH

158Page 81, line 25, at end insert—
"(5)  Subsections (1) to (4) above shall have effect until December 2007.
(6)  On 1st December 2007 section 14 (regional flood defence committees) of the Environment Act 1995 shall be repealed.
(7)  From 1st December 2007 the Secretary of State shall, by order, establish a river basin management committee in place of each regional flood defence committee which will cease to exist under subsection (5).
(8)  The timescale for the establishment of river basin management committees under subsection (7) shall be in accordance with Article 14 of the Water Framework Directive.
(9)  Each river basin management committee shall include—
(a)  elected local authority members from the local authorities which are located in part or entirely within the river basin covered by the committee; and
(b)  other members whom the Secretary of State considers to offer substantial local knowledge on issues within the competence of the committee.
(10)  Each river basin management committee shall inherit all of the powers and duties of the regional flood defence committee it shall replace.
(11)  Each river basin management committee shall develop policies and a river basin management plan in consultation with the Environment Agency.
(12)  Each river basin management committee may, where the size of the river basin so necessitates, and after consulting the Secretary of State, establish such sub-basin management committees as it considers appropriate.
(13)  From 1st December 2007 the amendments made in subsections (2) to (4) to Schedule 4 to the Environment Act 1995 shall have effect as if references to "regional flood defence committee" or any variant thereof were to "river basin management committee" or the appropriate variant."
 

After Clause 64

 

THE LORD LIVSEY OF TALGARTH
THE BARONESS MILLER OF CHILTHORNE DOMER

159Insert the following new Clause—
  "Non-main rivers
  River basin management committees shall have the power to direct—
(a)  the Environment Agency to carry out non-main river management schemes; and
(b)  that adequate funds be provided to the Environment Agency to carry out non-main river management schemes to agreed standards."
 

After Clause 67

 

THE LORD WHITTY

160Insert the following new Clause—
  "Efficient use of water resources
  In section 6 of the Environment Act 1995 (c. 25) (general provisions with respect to water), in subsection (2)(b), after "Wales" there is inserted "(including the efficient use of those resources)"."
 

THE BARONESS MILLER OF CHILTHORNE DOMER
THE LORD LIVSEY OF TALGARTH

160AInsert the following new Clause—
  "Efficient use of water resources
  In section 6 of the Environment Act 1995 (c. 25) (general provisions with respect to water), at the end of subsection (2)(b) there is inserted ", in particular the efficient use of those resources"."
 

Clause 69

 

THE BARONESS BYFORD
THE DUKE OF MONTROSE

160BPage 83, line 21, at end insert—
"(   )  in subsection (1) of section 1 (ambit of Act, and interpretation) at the end there is inserted "and shall not include any reservoir which it is established poses negligible risk to public safety","
 

Clause 72

 

THE LORD WHITTY

161Page 85, line 17, after first "a" insert "large raised"
 

Clause 73

 

THE LORD WHITTY

162Page 86, line 34, after "reservoir" insert "(whether a large raised reservoir or not, as the case may be)"
 

After Clause 76

 

THE LORD LIVSEY OF TALGARTH
THE BARONESS MILLER OF CHILTHORNE DOMER

163Insert the following new Clause—
  "Sustainable conservation of water resources
  The Environment Agency shall continuously monitor water resources in England and Wales to ensure—
(a)  that all water resources are ecologically sustainable;
(b)  high levels of water quality;
(c)  that water quality consistently improves over time;
(d)  that compensatory river flows can sustain a river system;
(e)  that volumes of water in lakes and reservoirs comply with agreed pre-determined levels;
(f)  that oxygen and acidity levels meet agreed parameters;
(g)  that fresh water fisheries can sustain the renewal of fish populations;
(h)  that actions and targets are laid down as a result of river basin management plans agreed with river basin management committees."
 

Clause 85

 

THE LORD WHITTY

164Page 101, line 6, at end insert—
"(   )  The prohibition imposed on a water undertaker by subsection (11) above shall be enforceable under section 18 above by the Authority."
 

Clause 86

 

THE LORD LIVSEY OF TALGARTH
THE BARONESS MILLER OF CHILTHORNE DOMER

165Page 105, line 31, at end insert—
"(5)  After consultation with any such bodies as appropriate the Secretary of State shall publish a protocol for unadopted sewers."
 

Clause 88

 

THE LORD WHITTY

166Page 108, line 43, leave out subsection (8) and insert—
"(8)  The substitution by subsection (7) of section 101 of the WIA does not apply in respect of requirements notified under section 98 of the WIA before subsection (7) comes into force."
 

Clause 91

 

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

167Page 113, line 42, at end insert—
"(2A)  For paragraph (b) of subsection (2) there is substituted—
"(b)  to discharge directly or indirectly—
(i)  foul water into a sewer provided for surface water; or
(ii)  except with the approval of the undertaker, surface water into a sewer provided for foul water; or"."
168Page 113, line 43, leave out subsection (3) and insert—
"(3)  For subsection (4) there is substituted—
    "(4)  At any time within 21 days after a sewerage undertaker receives a notice under subsection (3) above, the undertaker may by notice to the person who gave the notice—
    (a)  refuse to permit the communication to be made, if it appears to the undertaker that the mode of construction or condition of the drain or sewer—
    (i)  does not satisfy the standards reasonably required by the undertaker; or
    (ii)  is such that the making of the communication would be prejudicial to the undertaker's sewerage system; or
    (b)  where the drain or sewer which it is sought to communicate with the public sewer is to be used for the draining of surface water, refuse permission for the communication to be made, or grant permission for the communication subject to such conditions as it thinks fit, subject to taking into account the considerations set out in subsection (4A) below.
    (4A)  Under subsection (4)(b) above, a sewerage undertaker may only refuse permission for a communication to be made, or grant permission for the communication subject to conditions, where it has reasonable grounds for considering that—
    (a)  it is feasible for an alternative method of drainage to be provided, utilised, maintained and kept in repair—
    (i)  which does not involve communication with the public sewer; but
    (ii)  which may include the provision of a lateral drain or sewer by any of the means provided for in this Chapter;
    (b)  this is justifiable taking into account the relative cost to the applicant of—
    (i)  providing the alternative method of drainage referred to in paragraph (a) above; or
    (ii)  requisitioning a lateral drain or sewer under sections 98 to 101B above for communication with the public sewer of the undertaker;
    (c)  where communication of the drains or sewer with the public sewer might contribute towards one or more of the following—
    (i)  the overloading of the public sewer or the sewerage system of which it forms part, and the consequential overflowing of its contents and the flooding of adjoining property or land;
    (ii)  the overloading of any sewage disposal works forming part of or connected with the system, so adversely affecting such work's capacity to treat or dispose of sewage in compliance with any statutory requirement or consent applicable to it;
    (iii)  increased flows in and resulting overflows and discharges from combined foul and surface water sewers which may have adverse effects on the aquatic environment; or
    (iv)  the pollution of inland waters, the flooding of property or land, or the impairment of river or drainage systems, whether or not arising from the matters described in paragraphs (i), (ii) or (iii) above.""
169Page 114, line 9, leave out subsection (5) and insert—
"(5)  For subsection (6) there is substituted—
    "(6)  Any question arising under subsections (3) to (5A) above between a sewerage undertaker and a person proposing to make a communication as to—
    (a)  the reasonableness of the undertaker's refusal to permit a connection to be made, or the reasonableness of the conditions on which the undertaker is prepared to permit a communication to be made; or
    (b)  the reasonableness of any requirement under subsection (5) or (5A) above,
      may, on the application of that person, be determined by the Authority under section 30A above (and accordingly section 105 above shall not apply to any requirement under subsection (5A) above).
    (6A)  In making a determination under subsection (6)(a) above, the Director shall consult and take into account the views of the Environment Agency and any affected riparian owners.""
170Page 114, line 13, at end insert—
"(5A)  For subsection (9) there is substituted—
    "(9)  In this section—
    (a)  "factory" has the same meaning as in the Factories Act 1961 (c. 34);
    (b)  "inland waters" has the same meaning as in the Water Resources Act 1991 (c. 57);
    (c)  "sewer provided for surface water" and "sewer provided for foul water" excludes any sewer provided for the combined drainage of both surface and foul water.""

 
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23 June 2003