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Amendments to the Water Bill [HL]

Water Bill [HL]


AMENDMENTS
TO BE MOVED
ON THIRD READING


 

Clause 5

 

THE BARONESS BYFORD
THE LORD DIXON-SMITH

Page 5, line 32, leave out "otherwise" and insert "in relation to England"
 

Clause 8

 

THE LORD WHITTY

Page 8, leave out lines 16 to 35
Page 9, line 34, at end insert—
"(   )  An order under subsection (1) above may include provision for or in relation to the payment by the Agency of compensation, in cases specified in the order, to a person who—
(a)  immediately before the making of an order under subsection (1) above, had been in a position to carry out an abstraction to which, by virtue of section 27(1) above, the restriction on abstraction did not apply;
(b)  following the making of that order, requires a licence under this Chapter in order to carry out that abstraction; and
(c)  has suffered loss or damage as a result of his having been—
(i)  refused such a licence in respect of that abstraction; or
(ii)  granted such a licence, but in respect of an abstraction of more limited extent than the one he had been in a position to carry out."
 

Clause 12

 

THE LORD WHITTY

Page 14, line 28, at end insert—
  "and references in this section (however expressed) to the revocation of an exception order are to be construed accordingly."
Page 14, leave out lines 35 to 46 and insert—
"(5)  An order under this section may make provision, subject to any conditions or limitations specified in the order—
(a)  for the restriction on abstraction (and, in the case of abstractions from underground strata, the other restrictions in section 24 of the WRA) to continue not to apply to an abstraction despite the revocation of the exception order;
(b)  for a person to be taken to continue to have a right to abstract water, for the purposes of Chapter 2 of Part 2 of the WRA, to the same extent he was taken to do so under the exception order;
(c)  for the payment by the Agency of compensation, in cases specified in the order, to any person who suffers loss or damage as a result of the revocation of the exception order.
(6)  If an order under this section provides as mentioned in subsection (5)(a), the order must also say whether or not the exemption so provided for is to be counted cumulatively with any other exemption which a person has by virtue of section 27 or 33A of the WRA."
Page 15, line 18, at end insert—
"(   )  In this section, "inland waters" and "underground strata" have the meanings given in section 221(1) of the WRA."
 

Clause 18

 

THE LORD WHITTY

Page 20, line 41, leave out from "be)" to end of line 43 and insert "section 39A(2) or (3), 48(1) or 59C(10) below or section 99(3) of the Water Act 2003, or in a provision made in an order by virtue of section 12(5)(b) of that Act, in each case subject to any limitations mentioned there"."
 

Clause 19

 

THE LORD WHITTY

Page 21, leave out lines 20 and 21 and insert—
"(b)  it is such a right as a person is taken to have by virtue of subsection (2) below;
(c)  it is such a right as a person is taken to continue to have by virtue of subsection (3) below;"
Page 21, line 24, at end insert—
"(   )  it is such a right as a person is taken to continue to have by virtue of a provision made under subsection (5)(b) of section 12 of the Water Act 2003 in an order made under that section; or
(   )  it is such a right as a person is taken to continue to have by virtue of section 99(3) of that Act."
Page 21, leave out lines 25 to 29 and insert—
"(2)  A person who is in a position to carry out an abstraction of a quantity of water which—
(a)  by virtue of section 27(1) above is not subject to the restriction on abstraction; and
(b)  also falls within subsection (2B) or (2C) below,
  shall be taken, for the purposes of this Chapter, to have a right to do so in respect of that quantity or, if lower, the maximum quantity mentioned in subsection (2A) below.
(2A)  The maximum quantity is—
(a)  if, by virtue of an order under section 27A(1) above, section 27(1) has ever had effect as if it referred, for the purposes of the abstraction in question, to a quantity of water lower than twenty cubic metres, that lower quantity (or, if more than one, the lowest of them); or
(b)  in any other case, twenty cubic metres (and no more).
(2B)  An abstraction falls within this subsection if it is an abstraction from inland waters carried out by or on behalf of an occupier of land contiguous to those waters at the place where the abstraction is effected ("contiguous land"), and—
(a)  the water is abstracted for use on a holding consisting of the contiguous land with or without other land held with that land; and
(b)  it is abstracted for use on that holding for either or both of the following purposes—
(i)  the domestic purposes of the occupier's household;
(ii)  agricultural purposes other than spray irrigation.
(2C)  An abstraction falls within this subsection if it is an abstraction from underground strata and the water is abstracted by or on behalf of an individual as a supply of water for the domestic purposes of his household.
(2D)  Subsection (2) above shall not apply to a person in respect of an abstraction which that person is, or was at any time, taken to have a right to carry out by virtue of any other provision mentioned in subsection (1) above."
 

THE BARONESS BYFORD
THE LORD DIXON-SMITH

Page 21, line 29, after "quantity" insert ", or a series of quantities,"
 

THE LORD WHITTY

Page 21, line 30, leave out "the right to abstract water which"
Page 21, leave out lines 37 and 38 and insert "and who was taken in consequence of that licence (or that part of the licence) to have a right to abstract water by virtue of section 48(1) below shall be taken to continue to have that right for the purposes of this Chapter."
Page 21, line 39, leave out from beginning to "does" in line 42 and insert—
"(4)  For the purposes of this Chapter, the person who was the holder of the licence in question ("the old licence") shall cease to be taken to continue to have a right, by virtue of subsection (3) above, to abstract water if—
(a)  during a period mentioned in subsection 4A below he"
Page 21, line 46, leave out "the holder of the old licence" and insert "he"
Page 22, line 2, at end insert—
"(4A)  The period referred to in subsection (4)(a) above is—
(a)  four years; or
(b)  if the abstractions authorised under the old licence were abstractions planned to be carried out at intervals of more than four years, or for emergency purposes only, such longer period as the Agency may determine on the application of the holder of the old licence."
 

THE BARONESS BYFORD
THE LORD DIXON-SMITH

Page 22, line 6, 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."
 

After Clause 21

 

THE BARONESS BYFORD
THE LORD DIXON-SMITH

Insert the following new Clause—
  "Renewal of licences
  After section 46 of the WRA there is inserted—
      "46ZA Renewal 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, the regulator may negotiate changes to the licence but will not normally refuse renewal."
 

Clause 27

 

THE BARONESS BYFORD
THE LORD DIXON-SMITH

Page 32, line 28, 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.""
 

After Clause 34

 

THE BARONESS BYFORD
THE LORD DIXON-SMITH

Insert the following new Clause—
  "Refusal to supply
(1)  Any water undertaker may refuse to supply water for new domestic, commercial or industrial developments where the daily water requirement would exceed one megalitre of water for the whole development.
(2)  Any water undertaker may refuse to supply water for an expansion of a domestic, commercial or industrial development where the daily water requirement would exceed one megalitre for the whole expansion or bring the daily requirement above two megalitres for the whole complex."
 

After Clause 35

 

THE LORD WHITTY

Insert the following new Clause—
  "Application of certain water resources provisions to this Act
(1)  The relevant WRA provisions apply to (or in relation to) the following sections of this Act (the "applicable sections") as they apply to (or in relation to) Part 2 or, as the case may be, Chapter 2 of Part 2 of the WRA—
(a)  section 5(existing impounding works),
(b)  section 6(existing impounding works: works notices), and
(c)  section 12(orders under section 33 of the WRA, etc).
(2)  Accordingly, in the relevant WRA provisions—
(a)  references to Part 2 of, or to Chapter 2 of Part 2 of, the WRA are to be read as if the applicable sections were included in that Part or that Chapter,
(b)  references to the related water resources provisions are to be read as if those provisions meant, in relation to the applicable sections, the relevant WRA provisions other than section 222 of the WRA, and
(c)  references to the Secretary of State are to be read as references to the appropriate authority (as defined, in each case, in the applicable section in question).
(3)  The "relevant WRA provisions" are the following provisions of the WRA—
(a)  section 120 (contributions between the Agency and certain other authorities),
(b)  section 158 (works agreements for water resources purposes),
(c)  section 201 (power to require information in respect of water resources functions), as substituted by section 70 of this Act,
(d)  section 216 (enforcement: powers and duties),
(e)  section 222 (Crown application), as in force immediately before the substitution made by paragraph 2(4) of Schedule 21 to the Environment Act 1995 (c.25) and for so long as the substituted section 222 does not apply to Part 2 of the WRA.
(4)  Section 220 of the WRA (provisions relating to service of documents) applies to documents required or authorised by virtue of any of the applicable sections to be served on any person as it applies to documents required or authorised to be served by virtue of the WRA.
(5)  References in the WRA to the functions (generally) of the Environment Agency are to be read as including the Agency's functions under the applicable sections."
 

After Clause 41

 

THE BARONESS BYFORD
THE LORD DIXON-SMITH

Insert the following new Clause—
  "Coordinated regulation
  After section 5 of the WIA there is inserted—
 "Part 1A
 Coordinated Regulation
  Coordinated regulation
(1)  In this section the Agency, the Authority, the Chief Inspector of Drinking Water and (if separately appointed) the Chief Inspector of Drinking Water for Wales and the Consumer Council for Water shall together be referred to as "the regulators".
(2)  The Secretary of State, the Assembly and the regulators shall consult and cooperate with one another in those matters which affect the water industry and where there is or may be an overlapping or conflicting interest."

 
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©Parliamentary copyright 2003
8 July 2003