Water Act 2003
| Jurisdiction | UK Non-devolved |
| Citation | 2003 c. 37 |
Water Act 2003
2003 Chapter 37
An Act to amend the Water Resources Act 1991 and the Water Industry Act 1991; to make provision with respect to compensation under section 61 of the Water Resources Act 1991; to provide for the establishment and functions of the Water Services Regulation Authority and the Consumer Council for Water, and for the abolition of the office of Director General of Water Services; to make provision in connection with land drainage and flood defence; to amend the Reservoirs Act 1975; to make provision about contaminated land so far as it relates to the pollution of controlled waters; to confer on the Coal Authority functions in relation to the discharge of water from coal mines; to extend the functions of the Environment Agency in relation to the Rivers Esk, Sark and Tweed and their tributaries so far as they are in England; to repeal section 1 of the Metropolis Water Act 1852; and for connected purposes.
[20th November 2003]
B e it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
Part 1
Abstraction and impounding
Restrictions on abstraction and impounding
1 Licences to abstract water
(1) After section 24 of the Water Resources Act 1991 (c. 57) (in this Act referred to as the ‘WRA’) there is inserted—
S-24A 24A
(1) Each licence to abstract water shall be of one of the following three types—
(a) a licence to abstract water from one source of supply over a period of twenty-eight days or more for any purpose (a ‘full licence’);
(b) a licence to abstract water from one source of supply over a period of twenty-eight days or more for the purpose of—
(i) transferring water to another source of supply; or
(ii) transferring water to the same source of supply, but at another point, in the course of dewatering activities in connection with mining, quarrying, engineering, building or other operations (whether underground or on the surface),
in either case without intervening use (a ‘transfer licence’);
(c) a licence to abstract water from one source of supply over a period of less than twenty-eight days (a ‘temporary licence’).
(2) In this Act, a reference (however expressed) to a licence to abstract water is to be taken as a reference to all types of licence, unless it is clear that a different meaning is intended.’
(2) In section 72 of the WRA (interpretation of Chapter 2), in subsection (1), in the appropriate places there is inserted—
(2)‘‘full licence’ has the meaning given in section 24A above;’,
(2)‘‘temporary licence’ and ‘transfer licence’ have the meanings given in section 24A above.’
2 Restrictions on impounding
(1) Section 25 of the WRA (restrictions on impounding) is amended as provided in subsections (2) to (5).
(2) For subsection (1) there is substituted—
(1) Subject to the following provisions of this Chapter and to any drought order or drought permit under Chapter 3 of this Part, no person shall—
(a) begin, or cause or permit any other person to begin, to construct or alter any impounding works at any point in any inland waters which are not discrete waters; or
(b) cause or permit the flow of any inland waters which are not discrete waters to be obstructed or impeded at any point by means of impounding works,
unless (in either case) the conditions mentioned in subsection (1A) below are satisfied.
(1A) The conditions are—
(a) a licence under this Chapter granted by the Agency to obstruct or impede the flow of those inland waters at that point by means of impounding works is in force;
(b) the impounding works will not (or, as the case may be, do not) obstruct or impede the flow of the inland waters except to the extent, and in the manner, authorised by the licence; and
(c) any other conditions or requirements imposed by the provisions, as for the time being in force, of the licence (whether as to the provision of compensation water or otherwise) are complied with.’
(3) In subsection (2), the words ‘, in circumstances not constituting such a contravention,’ are omitted.
(4) In subsection (5), for ‘shall not apply to the construction or alteration of any impounding works’ there is substituted ‘shall not apply in respect of any impounding works’.
(5) After subsection (8) there is added—
(9) In relation to impounding works, references to alteration include the removal or partial removal of those works, and cognate expressions shall be construed accordingly.’
(6) A licence which—
(a) has been granted in respect of particular impounding works, for the purposes of section 25 of the WRA, before the coming into force of subsection (2), and
(b) is in force,
is to be taken to satisfy the condition referred to in section 25(1A)(a) of that Act, as inserted by subsection (2), in respect of those impounding works.
(7) In section 64 of the WRA (abstraction and impounding by the Agency), for subsection (1)(b) there is substituted—
‘(b) in relation to—
(i) the construction or alteration by the Agency of impounding works; and
(ii) the obstruction or impeding by the Agency of the flow of inland waters by means of impounding works,’.
(8) In section 67 of the WRA (ecclesiastical property), in the definition of ‘the relevant land’ in subsection (8), in paragraph (b)(i), after ‘impounding works’ there is inserted ‘is, or’.
(9) In section 72 of the WRA (interpretation of Chapter 2), in subsection (1), in the definition of ‘the restriction on impounding works’, for ‘25(1)’ there is substituted ‘25(1)(a) and (b)’.
(10) Subject to section 3 of this Act, the amendments of the WRA made by this section apply (as regards any act or omission after this section comes into force) with respect to impounding works whenever constructed.
3 Existing impounding works
(1) Except as provided in subsection (3), the restriction in section 25(1)(b) of the WRA (as substituted by section 2 of this Act) does not apply in respect of any existing unlicensed impounding works.
(2) With respect to any existing unlicensed impounding works to which, but for subsection (1), that restriction would apply, the Environment Agency may serve a notice on any relevant person requiring him to apply for a licence.
(3) If that person fails to apply for such a licence within—
(a) the period of 28 days beginning with—
(i) the date of service of the notice, or
(ii) if an appeal is brought under subsection (4) and the appeal is dismissed, the date when the decision of the appropriate authority is notified to that person, or
(b) such extended period as may be agreed in writing between the Agency and that person,
the restriction in section 25(1)(b) of the WRA applies in respect of the impounding works from the expiry of that period.
(4) If the relevant person on whom a notice is served under subsection (2) is aggrieved by the service of that notice, he may by notice appeal to the appropriate authority.
(5) The appropriate authority may by regulations make provision with respect to—
(a) the manner in which notices of appeal under subsection (4) shall be served,
(b) the period within which such notices shall be served,
(c) the procedure on any such appeal.
(6) Where an appeal is brought under subsection (4)—
(a) the appropriate authority may allow or dismiss the appeal or reverse or vary any part of the decision of the Agency, whether the appeal relates to that part of the decision or not, and
(b) the decision of the appropriate authority shall be final.
(7) Subsections (4) to (6) are subject to section 114 of the Environment Act 1995 (c. 25) (delegation or reference of appeals).
(8) On an application for a licence in respect of any existing unlicensed impounding works, section 39(1) of the WRA applies only to the extent that the obstruction or impeding of the flow of inland waters which would, if the licence were granted, be authorised by that licence is to differ in any material respect from that which was taking place at the time the application was made.
(9) If a licence granted in respect of existing unlicensed impounding works is revoked or varied in the circumstances mentioned in section 61 of the WRA (compensation where licence modified on direction of the Secretary of State), subsection (3) of that section shall apply as if that licence had been granted when construction of the impounding works began and had remained in force since then.
(10) Subsection (9) does not apply to a licence granted in respect of existing unlicensed impounding works if, before the effective date, there had occurred any contravention of section 25(1) of the WRA in respect of those impounding works.
(11) Nothing in the preceding subsections affects the application of section 25(1)(a) of the WRA (as substituted by section 2 of this Act) to the alteration, after the effective date, of any existing unlicensed impounding works.
(12) In this section—
‘the appropriate authority’ means—
(a) in relation to Wales, the Assembly, and
(b) in relation to England, the Secretary of State,
‘the effective date’ means the date when section 2 of this Act comes into force,
‘existing unlicensed impounding works’ means unlicensed impounding works, the construction of which was begun before the effective date,
‘licence’ means a licence of the kind referred to in section 25 of the WRA,
‘relevant person’ means any person who appears to the Environment Agency to have responsibility in respect of the impounding works in question, and
‘unlicensed impounding works’ means impounding works (as defined in section 25(8) of the...
To continue reading
Request your trial