Reservoirs Act 1975
| Jurisdiction | UK Non-devolved |
| Citation | 1975 c. 23 |
| Year | 1975 |
a large, raised structure designed or used for collecting and storing water, anda large, raised lake or other area capable of storing water which was created or enlarged by artificial means.(2) A structure or area is “raised” if it is capable of holding water above the natural level of any part of the surrounding land.(3) A raised structure or area is “large” if it is capable of holding 10,000 cubic metres of water above the natural level of any part of the surrounding land.(4) The Minister must make regulations about how to calculate capacity for the purpose of subsection (3) (and “natural level” and “surrounding land” are to be construed in accordance with the regulations) .(5) The Minister may by regulations provide for a structure or area to be treated as “large” by reason of proximity to, or actual or potential communication with, another structure or area.(6) In making regulations under subsection (5) the Minister shall aim to ensure that a structure or area is treated as large under the regulations only if 10,000 or more cubic metres of water might be released as a result of the proximity or communication mentioned in that subsection.(7) The Minister may by order substitute a different volume of water for the volume specified in subsection (3) or (6) .(8) The Minister may by regulations provide for specified things not to be treated as large raised reservoirs for the purposes of this Act.(9) A reference to a large raised reservoir includes a reference to anything used or designed to contain the water or control its flow.(1) (2) (3) in the case of a reservoir that is or, when constructed, is to be managed and operated F59by the Environment Agency, the Natural Resources Body for Wales (the “NRBW”) or a water undertaker, the Environment Agency, the NRBW or, as the case may be, the waterF1undertaker; andif the reservoir is used or intended to be used for the purposes of any undertaking, the persons for the time being carrying on that undertaking; orif the reservoir is not so used or intended to be used, the owners or lessees of the reservoir.(4A) The “area” of the Environment Agency, in its capacity as a relevant authority for purposes of this Act, is the whole of England F56....(4C) The “area” of the NRBW, in its capacity as a relevant authority for the purposes of this Act, is the whole of Wales.(5) This Act shall not be taken as conferring on any person a claim to damages in respect of a breach by undertakers of their obligations under this Act.in relation to reservoirs in England, the Environment Agency;in relation to reservoirs in Wales, the NRBW.(6) The expressions listed in column 1 of Schedule 1 to this Act have for purposes of this Act the meanings given to them by the provisions of this Act shown in column 2 of the Schedule.
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