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Amendments to the Water Bill [HL]

Water Bill [HL]


AMENDMENTS
TO BE MOVED
ON THIRD READING


 

After Clause 22

 

THE LORD SUTHERLAND OF HOUNDWOOD
THE LORD HOWIE OF TROON

Insert 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.""
Insert the following new Clause—
  "Renewal of licences (Mines & Quarries)
  After section 46 of the WRA there is inserted—
    "46ZARenewal of licences (Mines & Quarries)
    (1)  An application to renew 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 subject to three tests, namely that it can be reasonably demonstrated that—
    (a)  environmental sustainability is not in question;
    (b)  there is a need for the licence;
    (c)  the water abstracted under the licence is being and will be used efficiently and effectively.
    (2)  If the conditions of subsection (1) above are met, the licence will be renewed for a minimum of six years.
    (3)  Where an application to renew a licence is refused under subsection (2) above, a person who made the application may appeal to the Secretary of State within such period and subject to such procedures as may be prescribed by order."
    46ZBRenewal of licences (Mines & Quarries)
    (1)  Where an application to renew a licence is refused under Section 46ZA or the terms of any licence renewed under that Section are varied in comparison with the licence which it replaces and the effect of such refusal or variation would be such as to affect to a material extent—
    (a)  the economic viability of operating the site to which the application relates; or
    (b)  the asset value of the site to which the application relates,
      then compensation will be payable for any loss or damage resulting from any such refusal or variation."
 

Clause 46

 

THE LORD WHITTY

Page 53, leave out lines 26 and 27
 

After Clause 81

 

THE LORD WHITTY

Insert the following new Clause—
  "Water conservation by public authorities
(1)  In exercising its functions and conducting its affairs, each public authority shall take into account, where relevant, the desirability of conserving water supplied to premises.
(2)  In subsection (1), "public authority" means any of the following—
(a)  a Minister of the Crown (within the meaning of the Ministers of the Crown Act 1975 (c. 26)),
(b)  a Government department,
(c)  the Assembly,
(d)  a local authority (within the meaning of section 270(1) of the Local Government Act 1972 (c. 70)),
(e)  a person holding an office—
(i)  under the Crown,
(ii)  created or continued in existence by a public general Act, or
(iii)  the remuneration in respect of which is paid out of money provided by Parliament,
(f)  a statutory undertaker (being any person who, by virtue of section 262 of the Town and Country Planning Act 1990 (c. 8) is a statutory undertaker for any purpose), and
(g)  any other public body of any description."
 

Clause 89

 

THE LORD WHITTY

Page 99, line 29, leave out "an agreement under section 51A below" and insert "this Chapter"
 

Clause 90

 

THE LORD WHITTY

Page 102, leave out lines 1 to 3 and insert—
"(   )  Subsection (1) above shall not apply in the case of water mains or service pipes which are to be used (in whole or in part) for the purpose of supplying water other than for domestic purposes, but—
(a)  nothing in this section shall prevent a water undertaker from agreeing apart from this section to declare any such water main or service pipe (or a part of it, as specified in the agreement) to be vested in the undertaker; and
(b)  such a declaration shall take effect as a declaration made under this Chapter."
Page 102, line 5, after "pipe" insert "to which subsection (1) above applies"
Page 103, leave out lines 36 to 41
Page 105, line 28, at end insert—
"51DProhibition on connection without adoption
(1)  Where a person (other than a water undertaker) constructs a water main or service pipe which is to be used, in whole or in part, for supplying water for domestic or food production purposes, no water undertaker may permit that water main or service pipe to become connected with its supply system unless it vests (to the relevant extent) in a water undertaker.
(2)  In subsection (1) above, "the relevant extent" means the extent specified in the agreement for the vesting in the undertaker of the water main or service pipe in question.
(3)  The prohibition imposed on a water undertaker by subsection (1) above shall be enforceable under section 18 above by the Authority."
Page 105, line 30, leave out "51C" and insert "51D"
Page 105, line 39, leave out "mentioned in subsection (2) above" and insert "specified for those purposes in the relevant vesting agreement."
Page 105, line 44, leave out "51A(11)" and insert "51D(1)"
Page 106, line 5, leave out "51A(11)" and insert "51D(1)"
Page 106, line 25, leave out "under section 51A above"
Page 106, line 30, leave out "under section 51A above" and insert "to make such a declaration."
Page 106, line 34, leave out "51D(3)" and insert "51E(3)"
 

Schedule 8

 

THE LORD WHITTY

Page 197, leave out lines 29 to 33
Page 209, line 24, leave out paragraph 51 and insert—
"(1)      Section 219 (general interpretation) is amended as follows.
(2)      In subsection (1)—
(a)  in paragraph (a) of the definition of "customer or potential customer", at the end there is inserted "(other than a licensed water supplier)",
(b)  in the definition of "water main"—
(i)  after "water undertaker" there is inserted "or licensed water supplier", and
(ii)  after "of the undertaker" there is inserted "or supplier", and
(c)  in the appropriate place there is inserted—
      ""licensed water supplier" shall be construed in       accordance with section 17B(9) above;".
(3)      After subsection (4) there is inserted—
    "(4A)      In this Act, unless otherwise stated, references to the supply system of a water undertaker are to the water mains and other pipes which it is the undertaker's duty to develop and maintain by virtue of section 37 above.""

 
 
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©Parliamentary copyright 2003
7 July 2003