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Amendments to the Water Bill [HL]

Water Bill [HL]


MARSHALLED
LIST OF AMENDMENTS
TO BE MOVED
ON THIRD READING


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

[Amendments marked * are new or have been altered]

Amendment
No.

 

Before Clause 1

 

THE BARONESS MILLER OF CHILTHORNE DOMER
THE LORD LIVSEY OF TALGARTH

1Insert the following new Clause—
 

"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;
(iv)  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
(v)  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."
 

Clause 5

 

THE BARONESS BYFORD
THE LORD DIXON-SMITH

2Page 5, line 32, leave out "otherwise" and insert "in relation to England"
 

Clause 8

 

THE LORD WHITTY

3Page 8, leave out lines 16 to 35
4Page 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 9

 

THE LORD WHITTY

5Page 10, line 22, leave out from "prevent" to end of line 23 and insert "an immediate risk—
(a)  to a human being of death, personal injury or harm to health;"
 

Clause 12

 

THE LORD WHITTY

6Page 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."
7Page 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."
8Page 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

9Page 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

10Page 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;
(ba)  it is such a right as a person is taken to continue to have by virtue of subsection (3) below;"
11Page 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."
12Page 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

13Page 21, line 29, after "quantity" insert ", or a series of quantities,"
 

THE LORD WHITTY

14Page 21, line 30, leave out "the right to abstract water which"
15Page 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."
16Page 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"
17Page 21, line 46, leave out "the holder of the old licence" and insert "he"
18Page 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

19Page 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."
 

Clause 21

 

THE LORD WHITTY

20Page 23, leave out lines 21 to 24 and insert—
    "(2A)  For the purposes of section 61(4A) below—
    (a)  every full licence under this Chapter which is for a term exceeding twelve years shall; and
    (b)  any transfer licence under this Chapter which is for a term exceeding twelve years may,
      specify a minimum value for the quantity referred to in subsection (2)(a) above."
 

After Clause 21

 

THE BARONESS BYFORD
THE LORD DIXON-SMITH

21Insert 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, the regulator may negotiate changes to the licence but will not normally refuse renewal.""
 

After Clause 22

 

THE LORD SUTHERLAND OF HOUNDWOOD
THE LORD HOWIE OF TROON

22Insert 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.""
23Insert 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)
    (   )  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.""

 
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©Parliamentary copyright 2003
9 July 2003