Water Resources Act 1991

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133 Power to authorise the Agency to issue levies.

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134 Raising of general drainage charges.

(1) Subject to subsection (2) below, the appropriate agency may raise at an amount per hectare of chargeable land in a flood risk management region a charge to be known as a general drainage charge and to be levied in accordance with sections 135 and 136 below. (2) The Agency shall not levy a general drainage charge in respect of any flood risk management region unless the Regional Flood and Coastal Committee for that region have recommended that such a charge should be raised. (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

135 Amount, assessment etc. of general drainage charge.

(1) A general drainage charge raised by the appropriate agency for a flood risk management region for any year shall be at a uniform amount per hectare of chargeable land in that region. (2) The uniform amount referred to in subsection (1) above shall be ascertained, subject to subsection (3) below, by multiplying the relevant quotient . . . by one penny and by such number as may be specified by either of the Ministers by order made for the purposes of this subsection. (3) The number specified in an order under this section for the purposes of subsection (2) above shall (apart from any adjustment made to it to take account of rough grazing land) be such as the Minister making the order considers will secure, so far as reasonably practicable, that the amount specified in paragraph (a) below will be equal to the amount specified in paragraph (b) below, that is to say— (a) the aggregate amount produced by any charge levied by reference to a relevant quotient . . .; and (b) the aggregate amount which, if the chargeable land in the flood risk management region had been liable to be rated for the financial year beginning in 1989, would have been produced by a rate levied on the land at an amount in the pound (of rateable value) equal to that quotient multiplied by one penny. (4) An order under this section may be made so as to apply either— (a) to all general drainage charges; or (b) to the general drainage charges proposed to be raised in any one or more flood risk management regions specified in the order; and any such order applying to more than one flood risk management region may make different provision as respects the different flood risk management regions to which it applies. (5) Schedule 15 to this Act shall have effect with respect to the assessment, incidence, payment and enforcement of general drainage charges. (6) The power of each of the Ministers to make an order under this section shall be exercisable by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament. (7) In this section “relevant quotient” means a quotient determined for the year concerned in accordance with rules contained in regulations made by either of the Ministers.

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137 Special drainage charges in interests of agriculture.

(1) Where it appears to the appropriate agency that the interests of agriculture require the carrying out, improvement or maintenance of drainage works in connection with any watercourses in any flood risk management region, the appropriate agency may submit to either of the Ministers for confirmation a scheme under this section with respect to those watercourses. (2) A scheme under this section with respect to any watercourses is a scheme— (a) designating those watercourses, and any watercourses connected with them, for the purposes of this section; and (b) making provision for the raising, in accordance with section 138 below, of a charge (known as a “special drainage charge”) for the purpose of meeting the expenses of drainage works in connection with the designated watercourses and any expenses arising from such works. (3) A scheme under this section shall designate for the purposes of the special drainage charge so much of the flood risk management region as consists of land which, in the opinion of the appropriate agency, is agricultural land that would benefit from drainage works in connection with the designated watercourses. (4) The watercourses designated in any scheme under this section shall, if the scheme is confirmed, be treated for the purposes of this Act and the Land Drainage Act 1991 as part of a main river. (5) A scheme under this section- (a) may make provision for any of the matters referred to in subsections (1) and (2) of section 108 above; and (b) may provide for the revocation or amendment of, and for the retransfer of property, rights, powers, duties, obligations and liabilities transferred by, any previous scheme under this section. (6) Schedule 16 to this Act shall have effect with respect to the making and confirmation of schemes under this section. (7) For the purposes of this section— (a) the reference to expenses of drainage works is a reference to expenses incurred in the construction, improvement or maintenance of drainage works; (b) the expenses of any drainage works which may be necessary in consequence of other drainage works, and so much of any contribution made under section 57 of the Land Drainage Act 1991 as is fairly attributable to such expenses, shall be deemed to be expenses arising from those other drainage works; and (c) the expenses of any drainage works shall be taken (without prejudice to section 221(5) below) to include a proper proportion of the cost of the officers and buildings and establishment of the authority carrying them out. (8) In this section and Schedule 16 to this Act “watercourse” has the same meaning as in Part IV of this Act.

138 Levying and amount of special drainage charge.

(1) A special drainage charge shall be levied by the appropriate agency in respect of chargeable land included in the area designated for the purposes of the charge by the scheme authorising it (“the relevant chargeable land"). (2) The special drainage charge raised for any year shall be at a uniform amount per hectare of the relevant chargeable land. (3) The uniform amount referred to in subsection (2) above shall be determined by the Regional Flood and Coastal Committee for the flood risk management region within which is the area which includes the relevant chargeable land (where that land is in England) or by the NRBW (where the relevant chargeable land is in Wales) but shall exceed neither— (a) an amount to be specified in the scheme as the maximum amount of the charge or such greater amount as may be authorised for the purposes of the scheme by an order made by one of the Ministers on the application of the appropriate agency; nor (b) twenty-five pence or such other amount as may be substituted for twenty-five pence by an order made by one of the Ministers and approved by a resolution of the House of Commons. (4) Before either of the Ministers makes an order under subsection (3)(a) above he shall— (a) consult with such of the associations and persons concerned as he considers appropriate; (b) cause a notice of his intention to make the order, and of the time (which shall not be less than thirty days) within which objections to the proposed order may be made to him, to be published in such manner as he thinks best adapted for informing persons affected; (c) if he considers it necessary, afford such persons an opportunity of appearing before and being heard by a person appointed by him for the purpose; and (d) consider the report of the person so appointed and any objections duly made. (5) An order under subsection (3)(b) above may be made so as to apply— (a) to special drainage charges in general; or (b) to the special drainage charges proposed to be raised in respect of areas within such flood risk management regions as may be specified in the order; or (c) to special drainage charges proposed to be raised in pursuance of one or more schemes made under section 137 above and so specified; and any such order applying to the charges proposed to be raised in respect of areas within more than one flood risk management region, or authorised by more than one such scheme, may make different provision for the charges in respect of different flood risk management regions or, as the case may be, the charges authorised by the different schemes. (6) The power of each of the Ministers to make an order under subsection (3)(b) above shall be exercisable by statutory instrument; and section 14 of the Interpretation Act 1978 (power to revoke or amend orders made by statutory instrument) shall apply to the power to make orders under subsection (3)(a) above as it applies, by virtue of this subsection, to the power to make orders under subsection (3)(b) above. (7) Schedule 15 to this Act shall have effect with respect to the assessment, incidence, payment and enforcement of special drainage charges.

139 Contributions from internal drainage boards.

(1) Subject to subsections (2) and (3) below, the appropriate agency shall by resolution require every internal drainage board to make towards the expenses of the appropriate agency such contribution as the appropriate agency may consider to be fair. (2) Subject to subsection (3) below, where an internal drainage district (“ the main internal drainage district") comprises two or more other internal districts (“minor internal drainage districts"), the appropriate agency shall not require the drainage board for that district to make any contribution towards the expenses of the appropriate agency except in respect of such part, if any, of that district as is not situated within any minor internal drainage district. (3) Notwithstanding subsection (2) above, the appropriate agency, after determining what contribution should be made by the drainage board for each of the minor internal drainage districts, may, if it thinks fit, require the drainage board for the main internal drainage district to pay direct to the appropriate agency an amount equal to the aggregate of those contributions. (4) If the appropriate agency make a requisition under subsection (3) above, the drainage board of the main internal drainage district shall raise the amount paid by them under that subsection to the appropriate agency by means of drainage rates levied by them within, or special levies issued in respect of, the main internal drainage district or, as the case may be, such part of that district as is situated within a minor internal drainage district. (5) Without prejudice to subsection (3) of section 140 below, a resolution under this section may be acted upon by the appropriate agency forthwith, notwithstanding that the time for bringing an appeal under that section has not expired or that an appeal so brought is pending.

140 Appeals in respect of resolutions under section 139.

(1) If— (a) an internal drainage board is aggrieved by a resolution of the appropriate agency under section 139 above determining the amount of any contribution; or (b) the council of any county , county borough or London borough is aggrieved by any such resolution on the ground that the amount of the contribution required to be made by an internal drainage board is inadequate, the board or council may, within six weeks after the date on which notice of the resolution is given by the appropriate agency to the internal drainage board in question, appeal to the relevant Minister against the resolution. (2) On an appeal under this section the relevant Minister may, after— (a) considering any objections made to him; and (b) if he thinks fit, holding a local public inquiry, make such an order in the matter as he thinks just. (3) Where the appropriate agency has acted on a resolution by virtue of section 139(5) above and an appeal is brought in respect of the resolution, the relevant Minister shall by his order direct such adjustment to be made in respect of any sums recovered or paid in pursuance of the resolution as may be necessary for giving effect to his decision. (4) Where the relevant Minister makes an order under this section, he shall lay before Parliament particulars of the matter in respect of which the appeal was made and of the reasons for his order. (5) Compliance with any order made by the relevant Minister under this section may be enforced by mandamus. (6) In this section “the relevant Minister”— (a) in relation to an internal drainage district wholly in Wales or the drainage board for such a district, means the Secretary of State; (b) in relation to an internal drainage district partly in Wales or the drainage board for such a district, means the Ministers; and (c) in any other case, means the Minister.

141 Precepts for recovery of contributions from internal drainage boards.

(1) The appropriate agency may issue precepts to internal drainage boards requiring payment of any amount required to be contributed by those boards under section 139 above. (2) An internal drainage board shall pay, in accordance with any precept issued to them under this section, the amount thereby demanded. (3) It shall be the duty of the appropriate agency to prepare, in such form as the relevant Minister may direct, a statement of— (a) the purposes to which the amount demanded by any precept issued by the appropriate agency under this section is intended to be applied; and (b) the basis on which it is calculated; and an internal drainage board shall not be liable to pay the amount demanded by any such precept until they have received such a statement. (4) Compliance with any precept issued by the appropriate agency in accordance with this section may be enforced by mandamus. (5) In this section “the relevant Minister” has the same meaning as in section 140 above.

142 Fisheries contributions.

(1) Each of the Ministers shall have power, on an application made to him by the appropriate agency, by order made by statutory instrument to make provision in relation to an area defined by the order— (a) for the imposition on the owners and occupiers of fisheries in that area of requirements to pay contributions to the appropriate agency, of such amounts as may be determined under the order, in respect of the expenses of the carrying out in relation to that area of the appropriate agency's functions with respect to fisheries; (b) for such contributions to be paid or recovered in such manner, and to be refundable, in such circumstances as may be specified in or determined under the order. (2) Subsections (2) to (6)of section 115 above shall have effect in relation to the power conferred by subsection (1) above as they have effect in relation to the power conferred by subsection (1) of that section. (3) The reference in this section to the owners and occupiers of fisheries shall have the same meaning as any such reference in the Salmon and Freshwater Fisheries Act 1975.

143 Power of appropriate agency to levy navigation tolls.

(1) Where any navigable waters— (a) in England and Wales; or (b) in so much of the territorial sea adjacent to England and Wales as is included in a flood risk management region, are not subject to the control of any navigation authority, harbour authority or conservancy authority, the appropriate agency may apply to the Secretary of State for an order imposing tolls in respect of the navigation of vessels in those waters. (2) An order under this section shall not be made unless the Secretary of State is satisfied that the cost of the maintenance or works in connection with the waters to which the order relates has been or will be increased as a result of the use of those waters for purposes of navigation. (3) Schedule 17 to this Act shall have effect with respect to the making of orders under this section. (4) Any tolls payable under this section in respect of the navigation of a vessel in any water referred to in subsection (1) above— (a) may be demanded from the person in charge of the vessel by any person authorised for that purpose by the appropriate agency; and (b) if not paid on demand, may be recovered from either the person in charge of the vessel or the owner of the vessel.

144 Incidental power of the Authority to impose charges.

Without prejudice to the generality of its powers by virtue of section 4(1)(a) above and subject to any such express provision with respect to charging by the Authority as is contained in the preceding provisions of this Chapter or any other enactment, the Authority shall have power to fix and recover charges for services and facilities provided in the course of carrying out its functions.

145 Interpretation of Chapter II.

In this Chapter— “agricultural buildings” has the meaning provided by section 26(4) of the General Rate Act 1967 as amended by the Rating Act 1971; “agricultural land” means— land used as arable, meadow or pasture ground only; land used for a plantation or a wood or for the growth of saleable underwood; and land exceeding one tenth of a hectare used for the purpose of poultry farming, market gardens, nursery grounds, orchards or allotments, including allotment gardens within the meaning of the Allotments Act 1922, but does not include land occupied together with a house as a park, gardens (other than as aforesaid) or pleasure grounds, land kept or preserved mainly or exclusively for purposes of sport or recreation or land used as a racecourse; “chargeable land” means the agricultural land and agricultural buildings in so much of a flood risk management region as does not fall within an internal drainage district, excluding rough grazing land and woodlands other than commercial woodlands; “commercial woodlands” means woodlands managed on a commercial basis with a view to the realisation of profits; “drainage” has the same meaning as in Part IV above; “drainage charge” means general drainage charge or special drainage charge; “flood risk management region” — in relation to the Agency, means the region of a Regional Flood and Coastal Committee, within the meaning of section 22 of the Flood and Water Management Act 2010 , and in relation to the NRBW, means Wales, within the meaning of section 158 of the Government of Wales Act 2006. “rough grazing land” means land of either of the following descriptions, that is to say— (a) land used as pasture ground on which the vegetation consists solely or mainly of one or more of the following, that is to say, bracken, gorse, heather, rushes and sedge; and (b) land so used which is unsuitable for mowing by machine and on which the vegetation consists solely or mainly of grass of poor feeding value; and “spray irrigation” has the same meaning as in Chapter II of Part II of this Act.

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147 Grants for drainage works.

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148 Grants towards cost of flood warning systems.

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149 Other grants in respect of exercise of powers under Part VII for drainage purposes.

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154 Compulsory purchase etc.

(1) The Agency or the NRBW may be authorised by the relevant Minister to purchase compulsorily any land anywhere in England and Wales which is required by the Agency or the NRBW for the purposes of, or in connection with, the carrying out of its functions. (2) The power of the relevant Minister under subsection (1) above shall include power— (a) to authorise the acquisition of interests in, and rights over, land by the creation of new interests and rights; and (b) by authorising the acquisition by the Agency or, as the case may be, by the NRBW, of any rights over land which is to be or has been acquired by the Agency or the NRBW, to provide for the extinguishment of those rights. (3) Without prejudice to the generality of subsection (1) above, the land which the Agency or the NRBW may be authorised under that subsection to purchase compulsorily shall include land which is or will be required for the purpose of being given in exchange for, or for any right over, any other land which for the purposes of the Acquisition of Land Act 1981 is or forms part of a common, open space or a fuel or field garden allotment. (4) Subject to section 182 below, the Acquisition of Land Act 1981 shall apply to any compulsory purchase under subsection (1) above of any land by the Agency or the NRBW; and Schedule 3 to the said Act of 1981 shall apply to the compulsory acquisition under that subsection of rights by the creation of new rights. (5) Schedule 18 to this Act shall have effect for the purpose of modifying enactments relating to compensation and the provisions of the Compulsory Purchase Act 1965 in their application in relation to the compulsory acquisition under subsection (1) above of a right over land by the creation of a new right. (6) The provisions of Part I of the Compulsory Purchase Act 1965 (so far as applicable), other than sections 4 to 8, 10, 21, 27(1) and 31 and Schedule 4, shall apply in relation to any power to acquire land by agreement which is conferred, by virtue of any provision of this Act or otherwise (including section 37 of the 1995 Act (incidental general powers of the Agency) or article 9 of the Natural Resources Body for Wales (Establishment) Order 2012 (general incidental function of the Body) (S.I.2012/1903)), on the Agency or the NRBW as if— (a) any reference in those provisions to the acquiring authority were a reference to the Agency or, as the case may be, the NRBW; and (b) any reference to land subject to compulsory purchase were a reference to land which may be purchased by agreement under that power. (7) In this section, in relation to the NRBW, references to functions have effect as references to relevant transferred functions. (8) In subsections (1) and (2), “the relevant Minister” means— (a) in relation to land in England, the Secretary of State; and (b) in relation to land in Wales, the Welsh Ministers.

155 Accretions of land resulting from drainage works.

(1) If the relevant Minister certifies that, as the result of— (a) any drainage works carried out or improved, or proposed to be carried out or improved, by the Agency or the NRBW in connection with the tidal waters of a main river; or (b) any drainage works transferred from a drainage body to the Agency or the NRBW in pursuance of this Act or the Land Drainage Act 1991, there has been or is likely to be any accretion of land, the powers of the Agency and the NRBW by virtue of this Act, for the purpose of carrying out its functions or, as the case may be, its relevant transferred functions, to acquire land or any interest in or right over land by agreement or compulsorily shall include power so to acquire the land mentioned in subsection (2) below. (2) The land mentioned in subsection (1) above is— (a) the accretion of land or the land to which the accretion will, if it takes place, be added, together with any right to reclaim or embank the accretion; and (b) such other land as is reasonably required for the purpose of reclamation of the accretion or for the enjoyment of it when reclaimed. (3) An agreement or order with respect to the acquisition of any land or rights by virtue of this section may provide for the transfer to the Agency or, as the case may be, the NRBW of any liability for the upkeep, maintenance and repair of any bank or drainage work or of any other like liability. (4) Where the value of any land or right is increased by the carrying out or proposed carrying out of drainage works by the Agency or, as the case may be, the NRBW the amount of the increase shall not be taken into account in assessing the compensation in respect of the compulsory acquisition of it. (5) Where, by reason of a certificate having been given by the relevant Minister under this section in relation to any drainage works, the Agency or, as the case may be, the NRBW has acquired any land or right and a grant has been made out of public moneys for defraying the cost or part of the cost of the carrying out of the works, the Agency or, as the case may be, the NRBW shall— (a) on being so required by the Crown Estate Commissioners; and (b) on payment by the Commissioners to the Agency or the NRBW of the sum paid by the Agency or the NRBW in respect of the acquisition of the land or right, together with the amount of any costs incurred by the Agency or the NRBW in connection with the acquisition, transfer the land or right to the Commissioners or to any person nominated by them. (6) If the Agency or, as the case may be, the NRBW, on being so required by the Crown Estate Commissioners in pursuance of subsection (5) above, fail to transfer to the Commissioners any land or right, the relevant Minister may by a vesting order transfer the land or right to the Commissioners or to a person nominated by them; and, for the purposes of this subsection, the relevant Minister shall be deemed to be a competent authority within the meaning of section 9 of the Law of Property Act 1925. (7) In this section— “banks” has the same meaning as in Part IV of this Act; “drainage body” has the same meaning as in section 108 above; “the relevant Minister”— (a) in relation to England, means the Minister; and (b) in relation to Wales, means the Secretary of State.

156 Acquisition of land etc. for fisheries purposes.

(1) Without prejudice to section 37 of the 1995 Act (incidental general powers of the Agency)or article 9 of the Natural Resources Body for Wales (Establishment) Order 2012 (general incidental function of the Body) (S.I.2012/1903), the powers conferred on the Agency or, as the case may be, the NRBW, by those provisions and section 154 above include power to purchase or take on lease (either by agreement or, if so authorised, compulsorily)— (a) any dam, fishing weir, fishing mill dam, fixed engine or other artificial obstruction and any fishery attached to or worked in connection with any such obstruction; (b) so much of the bank adjoining a dam as may be necessary for making or maintaining a fish pass for the purposes of section 10 of the Salmon and Freshwater Fisheries Act 1975; and (c) for the purpose of erecting and working a fixed engine, any fishery land or foreshore together with any easement over any adjoining land necessary for securing access to the fishery land or foreshore so acquired. (2) Without prejudice to section 37 of the 1995 Act (incidental general powers of the Agency) or article 9 of the Natural Resources Body for Wales (Establishment) Order 2012 (general incidental function of the Body) (S.I.2012/1903), the Agency or, as the case may be, the NRBW, may— (a) either alter or remove an obstruction acquired in the exercise of the powers mentioned in subsection (1) above; or (b) by itself or its lessees use or work in any lawful manner the obstruction for fishing purposes and exercise the right by any fishery so acquired, subject, in the case of an obstruction or fishery acquired by way of lease, to the terms of the lease. (3) Expressions used in this section and in the Salmon and Freshwater Fisheries Act 1975 have the same meanings in this section as in that Act.

157 Restriction on disposals of compulsorily acquired land.

(1) The Agency and the NRBW shall not dispose of any of its compulsorily acquired land, or of any interest or right in or over any of that land, except with the consent of, or in accordance with a general authorisation given by, one of the Ministers. (2) A consent or authorisation for the purposes of this section— (a) shall be set out in a notice served on the Agency or, as the case may be, the NRBW by the Minister who is giving the consent or authorisation; and (b) in the case of an authorisation, may be combined with an authorisation for the purposes of section 156 of the Water Industry Act 1991 (restrictions on disposals of land by a water or sewerage undertaker). (3) A consent or authorisation for the purposes of this section may be given on such conditions as the Minister who is giving it considers appropriate. (4) Without prejudice to the generality of subsection (3) above, the conditions of a consent or authorisation for the purposes of this section may include a requirement that, before there is any disposal, an opportunity of acquiring the land in question, or an interest or right in or over that land, is to be made available to such person as may be specified in or determined under provision contained in the notice setting out the consent or authorisation in question. (5) A requirement under subsection (4) above may require the opportunity to be made available in such manner and on such terms as may be specified in or determined under provision contained in the notice setting out the consent or authorisation in question. (6) In this section “compulsorily acquired land”, in relation to the Agency, means any land of the Agency which— (a) was acquired by the Agency compulsorily under the provisions of section 154 above or of an order under section 168 below; (b) was acquired by the Agency at a time when it was authorised under those provisions to acquire the land compulsorily; (c) being land which has been transferred to the Agency from the Authority by section 3 of the 1995 Act, was acquired by theAuthority— (i) compulsorily, under the provisions of section 154 above or of an order under section 168 below or under the provisions of section 151 of the Water Act 1989 or of an order under section 155 of that Act; or (ii) at a time when it was authorised under those provisions to acquire the land compulsorily; (d) being land— (i) which has been so transferred, and (ii) which was transferred to theAuthority in accordance with a scheme under Schedule 2 to the Water Act 1989, was acquired by a predecessor of the Authority compulsorily under so much of any enactment in force at any time before 1st September 1989 as conferred powers of compulsory acquisition; or (e) being land transferred as mentioned in sub-paragraphs (i) and (ii) of paragraph (d) above, was acquired by such a predecessor at a time when it was authorised to acquire the land by virtue of any such powers as are mentioned in that paragraph. (7) In this section “compulsorily acquired land”, in relation to the NRBW, means any land of the NRBW which— (a) was acquired by the NRBW compulsorily under the provisions of section 154 above or of an order under section 168 below; (b) was acquired by the NRBW at a time when it was authorised under those provisions to acquire the land compulsorily; or (c) being land which has been transferred to the NRBW from the Agency in accordance with a scheme made under section 23 of the Public Bodies Act 2011, was compulsorily acquired land of the Agency within the meaning of subsection (6).

158 Works agreements for water resources purposes.

(1) Without prejudice to the generality of the powers of the Agency by virtue of section 37 of the 1995 Act (incidental general powers of the Agency), or (as the case may be) of the NRBW by virtue of article 9 of the Natural Resources Body for Wales (Establishment) Order 2012 (general incidental function of the Body) (S.I.2012/1903), but subject to subsection (2) below, those powers shall include power to enter into an agreement with any water undertaker, with any sewerage undertaker, with any local authority or joint planning board, or with the owner or occupier of any land, with respect to any one or more of the following matters, that is to say— (a) the carrying out by any party to the agreement of works which the appropriate agency considers necessary or expedient in connection with the carrying out of any of the appropriate agency's functions by virtue of Part II of this Act; (b) the maintenance by any party to the agreement of works carried out in pursuance of the agreement; (c) provision for the appropriate agency to use, or have access to, any land for any purpose connected with the carrying out of any of those functions; (d) the manner in which any reservoir is to be operated. (2) The Secretary of State may by a direction to the appropriate agency direct that, in such cases or classes of cases as are specified in the direction, the appropriate agency shall not enter into any such agreement as is mentioned in subsection (1) above except with his consent. (3) An agreement such as is mentioned in subsection (1) above may contain such incidental and consequential provisions (including provisions of a financial character) as appear to the appropriate agency necessary or expedient for the purposes of the agreement. (4) Where an agreement such as is mentioned in subsection (1) above is made with an owner of land, other than registered land, and the agreement provides that the provisions of this subsection shall have effect in relation to the agreement— (a) the agreement may be registered as a land charge under the Land Charges Act 1972 as if it were a charge affecting land falling within paragraph (iii) of Class D; (b) the provisions of section 4 of that Act (which relates to the effect of non-registration) shall apply as if the agreement were such a land charge; and (c) subject to the provisions of section 4 of that Act, the agreement shall be binding upon any successor of that owner to the same extent as it is binding upon that owner, notwithstanding that it would not have been binding upon that successor apart from the provisions of this paragraph. (5) Where an agreement such as is mentioned in subsection (1) above is made with an owner of land which is registered land, and the agreement provides that the provisions of this subsection shall have effect in relation to the agreement— (a) the agreement may be the subject of a notice in the register of title under the Land Registration Act 2002 as if it were an interest affecting the registered land; (b) the provisions of sections 28 to 30 of that Act (effect of dispositions of registered land on priority of adverse interests) shall apply as if the agreement were such an interest; (c) subject to the provisions of those sections, the agreement shall be binding upon any successor of that owner to the same extent as it is binding upon that owner, notwithstanding that it would not have been binding upon that successor apart from the provisions of this paragraph. (6) In this section— “registered land” has the same meaning as in the Land Registration Act 2002; and “successor”, in relation to an agreement with the owner of any land, means a person deriving title or otherwise claiming under that owner, otherwise than in right of an interest or charge to which the interest of the owner was subject immediately before the following time, that is to say— where the land is not registered land, the time when the agreement was made; and where the land is registered land, the time when the notice of the agreement was registered.

159 Powers to lay pipes in streets.

(1) Subject to the following provisions of this Part, the appropriate agency shall, for the purpose of carrying out its functions, have power— (a) to lay a relevant pipe in, under or over any street and to keep that pipe there; (b) to inspect, maintain, adjust, repair or alter any relevant pipe which is in, under or over any street; and (c) to carry out any works requisite for, or incidental to, the purposes of any works falling within paragraph (a) or (b) above, including for those purposes the following kinds of works, that is to say— (i) breaking up or opening a street; (ii) tunnelling or boring under a street; (iii) breaking up or opening a sewer, drain or tunnel; (iv) moving or removing earth and other materials. (1A) The appropriate agency may carry out work within subsection (1)(a) to (c) if— (a) it thinks the work desirable having regard to the national flood and coastal erosion risk management strategies under sections 7 and 8 of the Flood and Water Management Act 2010, and (b) the purpose of the work is to manage a flood risk (within the meaning of that Act) from (i) the sea, or (ii) a main river. (2) Without prejudice to the generality of subsection (1)(c) above, the appropriate agency shall have power to erect and keep in any street notices indicating the position of such underground accessories for its relevant pipes as may be used for controlling the flow of water in those pipes. (3) The power conferred by subsection (2) above shall include power to attach any such notice as is mentioned in that subsection to any building, fence or other structure which is comprised in premises abutting on the street in question. (4) Until the coming into force of its repeal by the New Roads and Street Works Act 1991 section 20 of the Highways Act 1980 (works in special roads) shall have effect as if the reference in that section to a power under any enactment to lay down or erect apparatus included a reference to any power to lay any pipe which is conferred by this section. (5) In this section references to a relevant pipe are references to a resource main or discharge pipe and references to laying such a pipe shall include references- (a) to the laying of any drain or sewer for any of the purposes specified in subsection (6) below; and (b) to the construction of a watercourse for any of those purposes. (6) The purposes mentioned in subsection (5) above are— (a) intercepting, treating or disposing of any foul water arising or flowing upon any land; or (b) otherwise preventing the pollution— (i) of any waters, whether on the surface or underground, which belong to the appropriate agency or any water undertaker or from which the appropriate agency or any water undertaker is authorised to take water; (ii) without prejudice to sub-paragraph (i) above, of any reservoir which belongs to or is operated by the appropriate agency or any water undertaker or which the appropriate agency or any water undertaker is proposing to acquire or construct for the purpose of being so operated; or (iii) of any underground strata from which the appropriate agency or any water undertaker is for the time being authorised to abstract water in pursuance of a licence under Chapter II of Part II of this Act. (7) References in this section to maintaining a pipe include references to cleansing it and references to altering a pipe include references to altering its size or course, to moving or removing it and to replacing it with a pipe which is of the same description of relevant pipe as the pipe replaced.

160 Power to lay pipes in other land.

(1) Subject to the following provisions of this Part, the appropriate agency shall, for the purpose of carrying out its functions, have power— (a) to lay a relevant pipe (whether above or below the surface) in any land which is not in, under or over a street and to keep that pipe there; (b) to inspect, maintain, adjust, repair or alter any relevant pipe which is in any such land; (c) to carry out any works requisite for, or incidental to, the purposes of any works falling within paragraph (a) or (b) above. (1A) The appropriate agency may carry out work within subsection (1)(a) to (c) if— (a) it thinks the work desirable having regard to the national flood and coastal erosion risk management strategies under sections 7 and 8 of the Flood and Water Management Act 2010, and (b) the purpose of the work is to manage a flood risk (within the meaning of that Act) from (i) the sea, or (ii) a main river. (2) The powers conferred by this section shall be exercisable only after reasonable notice of the proposed exercise of the power has been given to the owner and to the occupier of the land where the power is to be exercised. (3) Subject to subsection (4) below, in relation to any exercise of the powers conferred by this section for the purpose of laying or altering a relevant pipe, the minimum period that is capable of constituting reasonable notice for the purposes of subsection (2) above shall be deemed— (a) where the power is exercised for the purpose of laying a relevant pipe otherwise than in substitution for an existing pipe of the same description, to be three months; and (b) where the power is exercised for the purpose of altering an existing pipe, to be forty-two days. (4) In this section references to a relevant pipe are references to a resource main or discharge pipe; and subsection (7) of section 159 above shall apply for the purposes of this section as it applies for the purposes of that section.

161 Anti-pollution works and operations

(1) This section applies where it appears to the appropriate agency that any poisonous, noxious or polluting matter or any waste matter is or has been present in, or is likely to enter, any controlled waters. (2) In a case where the matter appears to be or to have been present in the controlled waters, the appropriate agency shall be entitled to carry out works and operations for any of the following purposes— (a) removing or disposing of the matter; (b) remedying or mitigating any pollution caused by its presence in the waters; or (c) restoring (so far as it is reasonably practicable to do so) the waters, including any flora and fauna dependent on the aquatic environment of the waters, to their state immediately before the matter became present in the waters. (3) In a case where the matter appears to be likely to enter the controlled waters, the appropriate agency shall be entitled to carry out works and operations for the purpose of preventing it from doing so. (4) The appropriate agency shall be entitled to carry out investigations for the purpose of establishing any of the following— (a) the nature of the matter, (b) the source of the matter; (c) the nature and effects of any pollution caused or likely to be caused by the presence of the matter; and (d) the identity of any responsible persons. (5) Without prejudice to the power of the appropriate agency to carry out those investigations, the powers conferred by subsection (2) or (3) shall only be exercisable in a case where— (a) the appropriate agency considers it necessary to carry out forthwith any works or operations falling within that subsection; or (b) it appears to the appropriate agency , after reasonable enquiry, that no responsible person can be found on whom to serve a works notice. (6) In this section “responsible person” means a person who has caused or knowingly permitted the matter— (a) to be present in the controlled waters; or (b) to be at a place from which it was likely, in the opinion of the appropriate agency, to enter the controlled waters.

161ZA Other works and operations in respect of harm to controlled waters

(1) This section applies where it appears to the appropriate agency that any controlled waters are being or have been harmed, or are likely to be harmed, by any event, process or other source of potential harm (and it is immaterial whether the source of potential harm has been identified). (2) In this section “harm” means any adverse impact on the condition of any hydromorphological quality element affecting the controlled waters that would be likely to prevent the achievement of the environmental objectives applicable to the controlled waters (whether by itself or in combination with other factors), other than an adverse impact caused by the entry into or presence in those waters of any poisonous, noxious or polluting matter or waste matter. (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (4) The appropriate agency shall be entitled to carry out works and operations for any of the following purposes (so far as it is reasonably practicable to achieve them)— (a) removing the source of potential harm; (b) preventing any harm or further harm being caused to the controlled waters; (c) in a case where the controlled waters are being or have been harmed— (i) remedying or mitigating the effects of the harm; (ii) restoring the waters, including any flora and fauna dependent on the aquatic environment of the waters, to their state immediately before any harm was caused. (5) The appropriate agency shall be entitled to carry out investigations for the purpose of establishing any of the following— (a) the source of any harm or potential harm to the controlled waters; (b) the nature and effects of any harm caused or likely to be caused to those waters; and (c) the identity of any responsible persons. (6) Without prejudice to the power of the appropriate agency to carry out those investigations, the powers conferred by subsection (4) shall only be exercisable in a case where— (a) the appropriate agency considers it necessary to carry out forthwith any works or operations falling within that subsection; or (b) it appears to the appropriate agency , after reasonable enquiry, that no responsible person can be found on whom to serve a works notice. (7) In this section “responsible person” means a person who has caused or knowingly permitted— (a) any harm to be caused to the controlled waters; or (b) a source of potential harm to exist that is likely, in the opinion of the appropriate agency, to cause harm to the controlled waters.

161ZB Works and operations for improving controlled waters

(1) This section applies where it appears to the appropriate agency that— (a) the condition of any hydromorphological quality element affecting any controlled waters is unsatisfactory; and (b) it is possible to improve the hydromorphological quality element by carrying out works or operations. (2) For the purposes of this section the condition of a hydromorphological quality element affecting the controlled waters is unsatisfactory if (whether by itself or in combination with other factors) if it is likely to prevent the waters from achieving the applicable environmental objectives. (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (4) The appropriate agency shall be entitled to carry out works and operations for the purpose of improving the condition of the hydromorphological quality element in question with a view to achieving (or contributing to the achievement of) the applicable environmental objectives. (5) The appropriate agency shall be entitled to carry out investigations for the purpose of establishing why the condition of the hydromorphological quality element in question is unsatisfactory. (6) Without prejudice to the power of the appropriate agency to carry out those investigations, the powers conferred by subsection (4) shall only be exercisable if it appears to the appropriate agency that it is unable to secure that the necessary works or operations are carried out by exercising its powers under section 161 or 161ZA or by serving a works notice on any responsible person.

161ZC Sections 161 to 161ZB: supplementary

(1) Nothing in sections 161 to 161ZB shall entitle the appropriate agency to impede or prevent the making of any discharge in pursuance of an environmental permit. (2) Where the appropriate agency carries out any works, operations or investigations under any of the powers conferred by section 161 or 161ZA it shall, subject to subsection (3), be entitled to recover the expenses reasonably incurred in doing so from any responsible person (within the meaning of the section conferring the powers in question). (3) No expenses are recoverable from a person for any works, operations or investigations in respect of water from an abandoned mine or an abandoned part of a mine which that person permitted to enter any controlled waters or to reach a place from which it was likely, in the opinion of the appropriate agency, to enter any controlled waters. (4) Subsection (3) does not apply to the owner or former operator of any mine or part of a mine if the mine or part in question became abandoned after 31st December 1999. (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (6) Nothing in sections 161, 161ZA and 161ZB— (a) derogates from any right of action or other remedy (whether civil or criminal) in proceedings instituted otherwise than under any of those sections; or (b) affects any restriction imposed by or under any other enactment, whether public local or private. (7) In this section— “expenses” includes costs; “mine” has the same meaning as in the Mines and Quarries Act 1954; “works notice” means a notice under section 161A. (8) In sections 161, 161ZA and 161ZB and this section “controlled waters” has the same meaning as in Part 3 of this Act ... (9) In sections 161ZA and 161ZB, “environmental objectives”, “hydromorphological quality element” and “Water Framework Directive” have the meanings given by section 93(7) of this Act.

161A Notices requiring persons to carry out works and operations

(1) Where it appears to the appropriate agency that— (a) any poisonous, noxious or polluting matter or any waste matter is or has been present in, or is likely to enter, any controlled waters (so that section 161 applies), or (b) any controlled waters are being or have been harmed, or are likely to be harmed, by any event, process or other source of potential harm (so that section 161ZA applies), the appropriate agency shall be entitled to serve a works notice on any responsible person. (2) In this section “responsible person” has the same meaning as in section 161 or 161ZA) (as the case may be). (3) For the purposes of this section a works notice is a notice requiring the person on whom it is served to carry out such works or operations as may be specified in the notice. (4) The works or operations that may be so specified are works or operations which may be carried out under section 161(2) or (3) or section 161ZA(4) (as the case may be). (5) Where the appropriate agency has carried out any such investigations as are mentioned in sections 161(4) or 161ZA(5) and serves a works notice on a responsible person in connection with the matters to which the investigations relate it shall (unless the notice is quashed or withdrawn) be entitled to recover from that person the costs or expenses reasonably incurred in carrying out those investigations. (6) The appropriate national authority may, if it thinks fit in relation to any person, give directions to the appropriate agency as to whether or how it should exercise its powers under this section or section 161AA. (7) In this section and sections 161AA and 161AB “controlled waters” has the same meaning as in Part 3 of this Act.

161AA Works notices: form etc

(1) A works notice— (a) must specify the periods within which the person on whom it is served is required to do each of the things specified in the notice; and (b) is without prejudice to the powers of the appropriate agency to carry out any works or operations under section 161(5)(a) or 161ZA(6)(a). (2) Before serving a works notice on any person, the appropriate agency shall reasonably endeavour to consult that person concerning the works or operations which are to be specified in the notice. (3) The appropriate national authority may by regulations make provision for or in connection with— (a) the form or content of works notices; (b) requirements for consultation, before the service of a works notice, with persons other than the person on whom that notice is to be served; (c) steps to be taken for the purposes of any consultation required under subsection (2) or regulations made by virtue of paragraph (b); or (d) any other steps of a procedural nature which are to be taken in connection with or in consequence of the service of a works notice. (4) A works notice shall not be regarded as invalid or as invalidly served by reason only of a failure to comply with the requirements of subsection (2) or of regulations made by virtue of paragraph (b) of subsection (3). (5) In this section and section 161A, “appropriate national authority” means— (a) in relation to England, the Secretary of State; and (b) in relation to Wales, the Welsh Ministers. (6) The power to make regulations under this section shall be exercisable by statutory instrument subject— (a) in the case of regulations made by the Secretary of State, to annulment in pursuance of a resolution of either House of Parliament; and (b) in the case of regulations made by the Welsh Ministers, to annulment in pursuance of a resolution of the National Assembly for Wales. (7) In this section,— (a) paragraph (1) of section 219 does not apply; and (b) in paragraph (2) of that section, references to “the Ministers” or the “the Secretary of State” shall be taken to be references to the appropriate national authority.

161AB Works notices: exceptions etc

(1) Nothing in section 161A shall entitle the appropriate agency to require the carrying out of any works or operations which would impede or prevent the making of any discharge in pursuance of an environmental permit . (2) No works notice shall be served on any person requiring him to carry out any works or operations in respect of water from an abandoned mine or an abandoned part of a mine which that person permitted to enter any controlled waters or to reach a place from which it was likely, in the opinion of the appropriate agency, to enter any controlled waters. (3) Subsection (2) does not apply to the service of a notice on the owner or former operator of any mine or part of a mine if the mine or part in question became abandoned after 31st December 1999. (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (5) In this section “mine” has the same meaning as in the Mines and Quarries Act 1954.

161B Grant of, and compensation for, rights of entry etc.

(1) A works notice may require a person to carry out works or operations in relation to any land or waters notwithstanding that he is not entitled to carry out those works or operations. (2) Any person whose consent is required before any works or operations required by a works notice may be carried out shall grant, or join in granting, such rights in relation to any land or waters as will enable the person on whom the works notice is served to comply with any requirements imposed by the works notice. (3) Before serving a works notice, the appropriate agency shall reasonably endeavour to consult every person who appears to it— (a) to be the owner or occupier of any relevant land, and (b) to be a person who might be required by subsection (2) above to grant, or join in granting, any rights, concerning the rights which that person may be so required to grant. (4) A works notice shall not be regarded as invalid, or as invalidly served, by reason only of any failure to comply with the requirements of subsection (3) above. (5) A person who grants, or joins in granting, any rights pursuant to subsection (2) above shall be entitled, on making an application within such period as may be prescribed and in such manner as may be prescribed to such person as may be prescribed, to be paid by the person on whom the works notice in question is served compensation of such amount as may be determined in such manner as may be prescribed. (6) Without prejudice to the generality of the regulations that may be made by virtue of subsection (5), regulations by virtue of that subsection may— (a) provide for the basis on which any amount to be paid by way of compensation under this section is to be assessed; (b) without prejudice to the generality of paragraph (a) above, provide for compensation under this section to be payable in respect of— (i) any effect of any rights being granted, or (ii) any consequence of the exercise of any rights which have been granted; (c) provide for the times at which any entitlement to compensation under this section is to arise or at which any such compensation is to become payable; (d) provide for the persons or bodies by whom, and the manner in which, any dispute— (i) as to whether any, and (if so) how much and when, compensation under this section is payable, or (ii) as to the person to or by whom it shall be paid, is to be determined; (e) provide for when or how applications may be made for compensation under this section; (f) without prejudice to the generality of paragraph (d) above, provide for when or how applications may be made for the determination of any such disputes as are mentioned in that paragraph; (g) without prejudice to the generality of paragraphs (e) and (f) above, prescribe the form in which any such applications as are mentioned in those paragraphs are to be made; (h) make provision similar to any provision made by paragraph 8 of Schedule 19; (i) make different provision for different cases, including different provision in relation to different persons or circumstances; (j) include such incidental, supplemental, consequential or transitional provision as the Secretary of State considers appropriate. (7) In this section— “prescribed” means prescribed in regulations made by the Secretary of State; “relevant land” means— any land or waters in relation to which the works notice in question requires, or may require, works or operations to be carried out; or any land adjoining or adjacent to that land or those waters; “works notice” means a works notice under section 161A above.

161C Appeals against works notices.

(1) A person on whom a works notice is served may, within the period of twenty-one days beginning with the day on which the notice is served, appeal against the notice to the Secretary of State. (2) On any appeal under this section the Secretary of State— (a) shall quash the notice, if he is satisfied that there is a material defect in the notice; but (b) subject to that, may confirm the notice, with or without modification, or quash it. (3) The Secretary of State may by regulations make provision with respect to— (a) the grounds on which appeals under this section may be made; or (b) the procedure on any such appeal. (4) Regulations under subsection (3) above may (among other things)— (a) include provisions comparable to those in section 290 of the Public Health Act 1936 (appeals against notices requiring the execution of works); (b) prescribe the cases in which a works notice is, or is not, to be suspended until the appeal is decided, or until some other stage in the proceedings; (c) prescribe the cases in which the decision on an appeal may in some respects be less favourable to the appellant than the works notice against which he is appealing; (d) prescribe the cases in which the appellant may claim that a works notice should have been served on some other person and prescribe the procedure to be followed in those cases; (e) make provision as respects— (i) the particulars to be included in the notice of appeal; (ii) the persons on whom notice of appeal is to be served and the particulars, if any, which are to accompany the notice; or (iii) the abandonment of an appeal. (5) In this section “works notice” means a works notice under section 161A above. (6) This section is subject to section 114 of the 1995 Act (delegation or reference of appeals).

161D Consequences of not complying with a works notice.

(1) If a person on whom the appropriate agency serves a works notice fails to comply with any of the requirements of the notice, he shall be guilty of an offence. (2) A person who commits an offence under subsection (1) above shall be liable— (a) on summary conviction, to imprisonment for a term not exceeding three months or to a fine or to both; (b) on conviction on indictment to imprisonment for a term not exceeding two years or to a fine or to both. (3) If a person on whom a works notice has been served fails to comply with any of the requirements of the notice, the appropriate agency may do what that person was required to do and may recover from him any costs or expenses reasonably incurred by the appropriate agency in doing it. (4) If the appropriate agency is of the opinion that proceedings for an offence under subsection (1) above would afford an ineffectual remedy against a person who has failed to comply with the requirements of a works notice, the appropriate agency may take proceedings in the High Court for the purpose of securing compliance with the notice. (5) In this section “works notice” means a works notice under section 161A above.

162 Other powers to deal with foul water and pollution.

(1) Without prejudice to the powers conferred by sections 161 to 161D above and subsections (2) and (3) below, the appropriate agency shall have power, on any land— (a) which belongs to the appropriate agency; or (b) over or in which the appropriate agency has acquired the necessary easements or rights, to construct and maintain drains, sewers, watercourses, catchpits and other works for the purpose of intercepting, treating or disposing of any foul water arising or flowing on that land or of otherwise preventing any such pollution as is mentioned in section 159(6)(b) above. (2) Subject to the following provisions of this Part, the appropriate agency shall, for the purpose of carrying out its functions, have power— (a) to carry out in a street all such works as are requisite for securing that the water in any relevant waterworks is not polluted or otherwise contaminated; and (b) to carry out any works requisite for, or incidental to, the purposes of any works falling within paragraph (a) above, including for those purposes the following kinds of works, that is to say— (i) breaking up or opening a street; (ii) tunnelling or boring under a street; (iii) breaking up or opening a sewer, drain or tunnel; (iv) moving or removing earth and other materials; and the provisions of section 159 above shall, so far as applicable, have effect in relation to the powers conferred by this subsection as they have effect in relation to the powers conferred by subsection (1) of that section. (3) Subject to the following provisions of this Part, the appropriate agency shall, for the purpose of carrying out its functions, have power— (a) to carry out on any land which is not in, under or over a street all such works as are requisite for securing that the water in any relevant waterworks is not polluted or otherwise contaminated; and (b) to carry out any works requisite for, or incidental to, the purposes of any works falling within paragraph (a) above; and the provisions of section 160 above shall, so far as applicable, have effect in relation to the powers conferred by this subsection as they have effect in relation to the powers conferred by subsection (1) of that section. (4) Without prejudice to the provisions of sections 178 to 184 below, nothing in subsection (1) above shall authorise the appropriate agency, without the consent of the navigation authority in question, to intercept or take any water which a navigation authority are authorised to take or use for the purposes of their undertaking. (5) Any dispute as to whether any consent for the purposes of subsection (4) above is being unreasonably withheld shall be referred to the arbitration of a single arbitrator to be appointed by agreement between the parties to the dispute or, in default of agreement, by the President of the Institution of Civil Engineers. (6) In this section— “relevant waterworks” means any waterworks which contain water which is or may be used by a water undertaker for providing a supply of water to any premises; “service pipe” and “water main” have the same meanings as in the Water Industry Act 1991; “waterworks” includes any water main, resource main, service pipe or discharge pipe and any spring, well, adit, borehole, service reservoir or tank.