Water Resources Act 1991

163 Discharges for works purposes.

(1) Subject to the following provisions of this section and to section 164 below, where the appropriate agency— (a) is carrying out, or is about to carry out, the construction, alteration, repair, cleaning, or examination of any reservoir, well, borehole or other work belonging to or used by the appropriate agency for the purposes of, or in connection with, the carrying out of any of its functions; or (b) is exercising or about to exercise any power conferred by section 159, 160 or 162(2) or (3) above, the appropriate agency may cause the water in any relevant pipe or in any such reservoir, well, borehole or other work to be discharged into any available watercourse. (2) Nothing in this section shall authorise any discharge which— (a) damages or injuriously affects the works or property of any railway company or navigation authority; or (b) floods or damages any highway. (3) If the appropriate agency fails to take all necessary steps to secure that any water discharged by it under this section is as free as may be reasonably practicable from— (a) mud and silt; (b) solid, polluting, offensive or injurious substances; and (c) any substances prejudicial to fish or spawn, or to spawning beds or food of fish, it shall be guilty of an offence and liable, on summary conviction, to a fine not exceeding level 3 on the standard scale. (4) In this section— “railway company” means the British Railways Board, Transport for London or any subsidiary (within the meaning of the Greater London Authority Act 1999) of Transport for London, or any other person authorised by any enactment, or by any order, rule or regulation made under any enactment, to construct, work or carry on a railway; and “relevant pipe” has the same meaning as in section 159 above.

164 Consents for certain discharges under section 163.

(1) Except in an emergency, no discharge through any pipe the diameter of which exceeds two hundred and twenty-nine millimetres shall be made under section 163 above except with such consent as may be prescribed. (2) Where the appropriate agency makes an application to any person for a consent for the purposes of this section— (a) that application shall be accompanied or supplemented by all such information as that person may reasonably require; and (b) the appropriate agency shall serve a copy of the application, and of any consent given on that application, on every person who— (i) is registered with the appropriate agency in respect of any premises which are within three miles of the place where the discharge to which the application relates is proposed to be made and are not upstream from that place; and (ii) has not agreed in writing that he need not be served with such a copy; but, subject to subsection (4) below and without prejudice to the effect (if any) of any other contravention of the requirements of this section in relation to such an application, a failure to provide information in pursuance of the obligation to supplement such an application shall not invalidate the application. (3) Subject to subsection (4) below, an application for a consent for the purposes of this section shall be determined— (a) in the case of an application with respect to a particular discharge, before the end of the period of seven days beginning with the day after the application is made; and (b) in any other case, before the end of the period of three months beginning with that day; and, subject to that subsection, where an application for any consent is required to be determined within the period specified in paragraph (a) above and is not so determined, the consent applied for shall be deemed to have been given unconditionally. (4) Where— (a) the appropriate agency, having made an application to any person for a consent for the purposes of this section, has failed to comply with its obligation under subsection (2)(a) above to supplement that application with information required by that person; and (b) that requirement was made by that person at such a time before the end of the period within which he is required to determine the application as gave the appropriate agency a reasonable opportunity to provide the required information within that period, that person may delay his determination of the application until a reasonable time after the required information is provided. (5) A consent for the purposes of this section may relate to a particular discharge or to discharges of a particular description and may be made subject to such reasonable conditions as may be specified by the person giving it; but a consent for those purposes shall not be unreasonably withheld. (6) Any dispute as to whether a consent for the purposes of this section should be given or withheld, or as to whether the conditions to which any such consent is made subject are reasonable, shall be referred to the arbitration of a single arbitrator appointed by agreement between the parties to the dispute or, in default of agreement, by the President of the Institution of Civil Engineers. (7) Where any discharge under section 163 above is made in an emergency without the consent which, if there were no emergency, would be required by virtue of this section, the appropriate agency shall, as soon as practicable after making the discharge, serve a notice which— (a) states that the discharge has been made; and (b) gives such particulars of the discharge and of the emergency as the persons served with the notice might reasonably require, on every person on whom the appropriate agency would have been required to serve the application for that consent or any copy of that application. (8) If the appropriate agency contravenes, without reasonable excuse, any of the requirements of this section or any condition of a consent given for the purposes of this section, it shall be guilty of an offence and liable, on summary conviction, to a fine not exceeding level 3 on the standard scale. (9) Nothing in this section shall require any consent to be obtained, or any notice to be served, in respect of any discharge if the requirements of section 34 of the Water Act 1945 (temporary discharges into watercourses) in relation to that discharge had been satisfied before 1st September 1989.

165 General powers to carry out works

(1) The appropriate agency may— (a) carry out flood risk management work within subsection (1D)(a) to (f) if Conditions 1 and 2 are satisfied; (b) carry out flood risk management work within subsection (1D)(g) or (h) if Condition 1 is satisfied. (1A) Condition 1 is that the appropriate agency considers 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. (1B) Condition 2 is that the purpose of the work is to manage a flood risk (within the meaning of that Act) from— (a) the sea, or (b) a main river. (1C) In subsection (1B)(b) the reference to a main river includes a reference to a lake, pond or other area of water which flows into a main river. (1D) In this section “flood risk management work” means anything done— (a) to maintain existing works (including buildings or structures) including cleansing, repairing or otherwise maintaining the efficiency of an existing watercourse or drainage work; (b) to operate existing works (such as sluicegates or pumps); (c) to improve existing works (including buildings or structures) including anything done to deepen, widen, straighten or otherwise improve an existing watercourse, to remove or alter mill dams, weirs or other obstructions to watercourses, or to raise, widen or otherwise improve a drainage work; (d) to construct or repair new works (including buildings, structures, watercourses, drainage works and machinery); (e) for the purpose of maintaining or restoring natural processes; (f) to monitor, investigate or survey a location or a natural process; (g) to reduce or increase the level of water in a place; (h) to alter or remove works. (2) The appropriate agency shall also have power... to maintain, improve or construct drainage works for the purpose of defence against sea water or tidal water; and that power shall be exercisable both above and below the low-water mark. (3) The appropriate agency may construct all such works and do all such things in the sea or in any estuary as may, in its opinion, be necessary to secure an adequate outfall for a main river. (4) The Agency or the NRBW may by agreement with any person carry out, improve or maintain, at that person’s expense, any drainage works which that person is entitled to carry out, improve or maintain; but for the purposes of this subsection the expense to be borne by that person shall not include such part (if any) of the amount of any grant made under section 47 of the Environment Act 1995 (grants to the new Agencies) or article 12 of the Natural Resources Body for Wales (Establishment) Order 2012 (grants to the NRBW) (S.I.2012/1903) as the Agency or the NRBW decides (subject to any terms on which the grant is made) to allocate for the works in question. (5) The Agency or the NRBW may enter into an agreement with any local authority or with any navigation authority for the carrying out by that authority, on such terms as to payment or otherwise as may be specified in the agreement, of any work ... which the Agency or the NRBW is authorised to carry out under this section. (6) Nothing in subsections (1) to (3) above authorises any person to enter on the land of any person except for the purpose of maintaining existing works. (7) In this section “watercourse” has the same meaning as in Part IV of this Act ...

166 Power to carry out works for purpose of providing flood warning system.

(1) Without prejudice to its other powers by virtue of section 37 of the 1995 Act (incidental general powers of the Agency), or (as the case may be) article 9 of the Natural Resources Body for Wales (Establishment) Order 2012 (general incidental function of the Body) (S.I.2012/1903), Part IV of this Act and this Part, the appropriate agency shall have power— (a) to provide and operate flood warning systems; (b) to provide, install and maintain apparatus required for the purposes of such systems; (c) to carry out any other engineering or building operations so required. (2) Subsection (1) above shall not be construed as authorising, on the part of the appropriate agency, any act or omission which, apart from that subsection, would be actionable at the suit of any person on any grounds other than a limitation imposed by law on the capacity of the appropriate agency by virtue of its constitution. (3) The Agency may exercise the powers conferred by subsection (1)(b) or (c) above in an area in Scotland as if— (a) its functions in relation to the flood risk management regions adjacent to Scotland were functions in relation to that area in Scotland; and (b) that area in Scotland were included in those flood risk management regions; but the powers conferred by this subsection are subject (except in the case of a power to maintain apparatus) to prior consultation with the local authority (within the meaning of section 1 of the Flood Prevention (Scotland) Act 1961) for the area in Scotland in question. (4) In this section— “flood risk management region” means the region of a Regional Flood and Coastal Committee, within the meaning of section 22 of the Flood and Water Management Act 2010; “flood warning system” means any system whereby, for the purpose of providing warning of any danger of flooding, information with respect to— (a) rainfall, as measured at a particular place within a particular period; or (b) the level or flow of any inland water, or part of an inland water, at a particular time; or (c) other matters appearing to the appropriate agency to be relevant for that purpose, is obtained and transmitted, whether automatically or otherwise, with or without provision for carrying out calculations based on such information and for transmitting the results of those calculations; “inland water” means any of the following in any part of Great Britain, that is to say— (a) any river, stream or other watercourse, whether natural or artificial and whether tidal or not; (b) any lake or pond, whether natural or artificial, and any reservoir or dock; and (c) any channel, creek, bay, estuary or arm of the sea; “rainfall” includes any fall of snow, hail or sleet. (4) In this section— “flood warning system” means any system whereby, for the purpose of providing warning of any danger of flooding, information with respect to— (a) rainfall, as measured at a particular place within a particular period; or (b) the level or flow of any inland water, or part of an inland water, at a particular time; or (c) other matters appearing to the appropriate agency to be relevant for that purpose, is obtained and transmitted, whether automatically or otherwise, with or without provision for carrying out calculations based on such information and for transmitting the results of those calculations; “inland water” means any of the following in any part of Great Britain, that is to say— (a) any river, stream or other watercourse, whether natural or artificial and whether tidal or not; (b) any lake or pond, whether natural or artificial, and any reservoir or dock; and (c) any channel, creek, bay, estuary or arm of the sea; “rainfall” includes any fall of snow, hail or sleet.

167 Power to dispose of spoil in connection with flood defence works.

(1) Subject to subsection (2) below, the appropriate agency may— (a) without making payment for it, appropriate and dispose of any matter removed in the course of the carrying out of any work for widening, deepening or dredging any watercourse; and (b) deposit any matter so removed on the banks of the watercourse, or on such width of land adjoining the watercourse as is sufficient to enable the matter in question to be removed and deposited by mechanical means in one operation. (2) Subsection (1) above shall not authorise the deposit of any matter if the matter deposited would constitute a statutory nuisance within the meaning of Part III of the Environmental Protection Act 1990. (3) The appropriate agency and the council of any district or London borough or Welsh county or county borough may enter into an agreement providing— (a) for the disposal by the council of any matter removed as mentioned in subsection (1) above; and (b) for the payment by the appropriate agency to the council, in respect of the disposal of the matter by the council, of such sum as may be provided by the agreement. (4) In this section “banks” and “watercourse” have the same meanings as in Part IV of this Act.

167A

Consultation in relation to works affecting flood and coastal erosion risks (1) Before exercising a function to which this section applies in a manner which may affect a flood or coastal erosion risk (within the meaning of the Flood and Water Management Act 2010) in Wales, the Agency must consult the NRBW. (2) Before exercising a function to which this section applies in a manner which may affect a flood or coastal erosion risk (within that meaning) in England, the NRBW must consult the Agency. (3) This section applies to any function under— (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (b) the flood risk management work provisions; (c) byelaws made under paragraph 5 of Schedule 25.

168 Compulsory works orders.

(1) Where the appropriate agency is proposing, for the purposes of, or in connection with, the carrying out of any of its functions— (a) to carry out any engineering or building operations; or (b) to discharge water into any inland waters or underground strata, the appropriate agency may apply to either of the Ministers for an order under this section (“a compulsory works order"). (2) Subject to the following provisions of this section, the Ministers shall each have power, on an application under subsection (1) above, by order made by statutory instrument— (a) to confer such compulsory powers; and (b) to grant such authority, as he considers necessary or expedient for the purpose of enabling any engineering or building operations or discharges of water to be carried out or made for the purposes of, or in connection with, the carrying out of the functions with respect to which the application was made. (3) Schedule 19 to this Act shall have effect with respect to applications for compulsory works orders and with respect to such orders. (4) Subject to the provisions of Schedule 19 to this Act, a compulsory works order may— (a) without prejudice to section 154 above, confer power to acquire compulsorily any land, including— (i) power to acquire interests in and rights over land by the creation of new rights and interests; and (ii) power, by the compulsory acquisition by the appropriate agency of any rights over land which is to be or has been acquired by the appropriate agency, to extinguish any such rights; (b) apply for the purposes of the order, either with or without modifications, any of the relevant provisions of this Part which do not apply for those purposes apart from by virtue of this paragraph; (c) make any authority granted by the order subject to such conditions as may be specified in the order; (d) amend or repeal any local statutory provision; (e) contain such supplemental, consequential and transitional provision as the Minister making the order considers appropriate; and section 156(1) above shall apply in relation to the powers conferred by virtue of this section as it applies in relation to the power conferred by section 154 above. (5) Without prejudice to any duty imposed by virtue of section 184 below, where— (a) either of the Ministers makes a compulsory works order authorising the appropriate agency to carry out works for or in connection with the construction or operation of a reservoir or conferring compulsory powers for that purpose on the appropriate agency; and (b) it appears to him that the works to be carried out may permanently affect the area in which they are situated and are not primarily intended to benefit the inhabitants of that area, he may include in the order provision with respect to facilities for recreation or other leisure-time occupation for the benefit of those inhabitants. (6) Nothing in any compulsory works order shall exempt the appropriate agency from any restriction imposed by Chapter II of Part II of this Act. (7) It is hereby declared that a compulsory works order may grant authority for discharges of water by the appropriate agency where the appropriate agency has no power to take water, or to require discharges to be made, from the inland waters or other source from which the discharges authorised by the order are intended to be made; but nothing in so much of any such order as grants authority for any discharges of water shall have the effect of conferring any such power. (8) In this section the reference to the relevant provisions of this Part is a reference to the provisions of this Part except sections 155 to 158 and 165 to 167 above. (9) In this section, in relation to the NRBW, references to functions have effect as references to relevant transferred functions.

169 Powers of entry for enforcement purposes.

(1) Any person designated in writing for the purpose by either of the Ministers, by the Agency, or by the NRBW, may— (a) enter any premises or vessel for the purpose of ascertaining whether any provision of an enactment to which this section applies, of any subordinate legislation or other instrument made by virtue of any such enactment or of any byelaws made by the Agency or of any relevant byelaws made by the NRBW is being or has been contravened; and (b) carry out such inspections, measurements and tests on any premises or vessel entered by that person or of any articles found on any such premises or vessel, and take away such samples of water or effluent or of any land or articles, as that Minister, the Agency, or the NRBW— (i) considers appropriate for the purpose mentioned in paragraph (a) above; and (ii) has authorised that person to carry out or take away. (2) The powers conferred by subsection (1) above in relation to any premises shall include power, in order to obtain information for the purpose mentioned in subsection (1)(a) above— (a) to carry out experimental borings or other works on those premises; and (b) to install and keep monitoring and other apparatus there. (3) Subject to subsection (4) below,this section applies to any enactment contained in this Act and to any other enactment under or for the purposes of which the Agency carries out functions or the NRBW carries out relevant transferred functions. (3A) The Agency may designate a person under subsection (1) in relation to— (a) any provision made by or under this Act, so far as it applies otherwise than in relation to Wales; (b) any provision made by or under any other enactment, if the Agency carries out functions under or for the purposes of that provision; (c) any byelaws made by the Agency. (3B) The NRBW may designate a person under subsection (1) in relation to— (a) any provision made by or under this Act, so far as it applies in relation to Wales; (b) any provision made by or under any other enactment, if the NRBW carries out relevant transferred functions under or for the purposes of that provision; (c) any relevant byelaws. (4) The powers conferred by this section shall not have effect for the purposes of any of the Agency’s or the NRBW's pollution control functions, within the meaning of section 108 of the 1995 Act. (5) In this section, “relevant byelaws” means byelaws made (or treated as if made) by the NRBW in the exercise of any relevant transferred functions.

170 Power of entry for certain works purposes.

(1) Any person designated in writing for the purpose by the Agency or by the NRBW may enter any premises for any of the purposes specified in subsection (2) below. (2) The purposes mentioned in subsection (1) above are— (a) the carrying out of any survey or tests for the purpose of determining— (i) whether it is appropriate and practicable for the Agency or the NRBW to exercise any relevant works power; or (ii) how any such power should be exercised; (b) the exercise of any such power. (3) The power by virtue of subsection (1) above of a person designated by the Agency or by the NRBW to enter any premises for the purposes of carrying out any survey or tests shall include power— (a) to carry out experimental borings or other works for the purpose of ascertaining the nature of the sub-soil; and (b) to take away and analyse such samples of water or effluent or of any land or articles as the Agency or the NRBW considers necessary for the purpose of determining either of the matters mentioned in subsection (2)(a) above and has authorised that person to take away and analyse. (4) In this section “relevant works power” means any power conferred by any of the provisions of sections 159, 160, 162(2) and (3) and 163 above.

171 Power to carry out surveys and to search for water.

(1) Without prejudice to the rights and powers conferred by the other provisions of this Chapter, any person designated in writing under this section by the Agency or by the NRBW may enter any premises for any of the purposes specified in subsection (2) below. (2) The purposes mentioned in subsection (1) above are the carrying out of any survey or tests for the purpose of determining— (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (b) whether it would be appropriate for the Agency or the NRBW to apply for an order under section 168 above and what compulsory powers it would be appropriate to apply for under that section. (3) The power by virtue of subsection (1) above of a person designated under this section to enter any premises for the purpose of carrying out any survey or tests shall include power— (a) to carry out experimental borings or other works for the purpose of ascertaining the nature of the sub-soil, the presence of underground water in the sub-soil or the quantity or quality of any such water; (b) to install and keep monitoring or other apparatus on the premises for the purpose of obtaining the information on which any such determination as is mentioned in subsection (2) above may be made; and (c) to take away and analyse such samples of water or of any land or articles as the Agency or the NRBW considers necessary for any of the purposes so mentioned and has authorised that person to take away and analyse. (4) The powers conferred by this section or section 172 of the Housing and Planning Act 2016 shall not be exercised on behalf of the Agency or the NRBW in any case for purposes connected with the determination of— (a) whether, where or how a reservoir should be constructed; or (b) whether, where or how a borehole should be sunk for the purpose of abstracting water from or discharging water into any underground strata, unless the Secretary of State has, in accordance with subsection (5) below, given his written authorisation in relation to that case for the exercise of those powers for those purposes. (5) The Secretary of State shall not give his authorisation for the purposes of subsection (4) above unless— (a) he is satisfied that notice of the proposal to apply for the authorisation has been given to the owner and to the occupier of the premises in question; and (b) he has considered any representation or objections with respect to the proposed exercise of the powers under this section which— (i) have been duly made to him by the owner or occupier of those premises, within the period of fourteen days beginning with the day after the giving of the notice; and (ii) have not been withdrawn. (6) In relation to the NRBW, the reference to functions in subsection (2)(a) has effect as a reference to relevant transferred functions.

172 Powers of entry for other purposes.

(1) Any person designated in writing for the purpose by either of the Ministers, by the Agency, or by the NRBW may enter any premises or vessel for the purpose of— (a) determining whether, and if so in what manner, any power or duty conferred or imposed on either of the Ministers, on the Agency, or on the NRBW, by virtue of any enactment to which this section applies (including a power of either or both of the Ministers to make subordinate legislation) should be exercised or, as the case may be, performed; or (b) exercising or performing any power or duty which is so conferred or imposed. (2) Any person designated in writing for the purpose by either of the Ministers, the Agency, or the NRBW, may— (a) carry out such inspections, measurements and tests on any premises or vessel entered by that person under this section or of any articles found on any such premises or vessel; and (b) take away such samples of water or effluent or of any land or articles, as that Minister , the Agency, or the NRBW, considers appropriate for any purpose mentioned in subsection (1) above and has authorised that person to carry out or take away. (3) Subject to subsection (3A) below,the powers which by virtue of subsections (1) and (2) above are conferred in relation to any premises for the purpose of enabling either of the Ministers, the Agency, or the NRBW, to determine whether or in what manner to exercise or perform any power or duty conferred or imposed on him or it by or under the water pollution provisions of this Act shall include power, in order to obtain the information on which that determination may be made— (a) to carry out experimental borings or other works on those premises; and (b) to install and keep monitoring and other apparatus there. (3A) The powers conferred by this section shall not have effect for the purposes of any of the Agency’s or the NRBW's pollution control functions, within the meaning of section 108 of the 1995 Act. (4) This section applies to any enactment contained in this Act and to any other enactment under or for the purposes of which the Agency or the NRBW carries out functions. (5) In relation to the NRBW, the reference to functions in subsection (4) has effect as a reference to relevant transferred functions.

173 Powers of entry: supplemental provisions.

Schedule 20 to this Act shall have effect with respect to the powers of entry and related powers which are conferred by the preceding provisions of this Chapter.

174 Impersonation of persons exercising powers of entry.

(1) A person who, without having been designated or authorised for the purpose by the Agency or by the NRBW, purports to be entitled to enter any premises or vessel in exercise of a power exercisable in pursuance of any such designation or authorisation shall be guilty of an offence and liable—. (a) on summary conviction, to a fine not exceeding the statutory maximum; (b) on conviction on indictment, to a fine or to imprisonment for a term not exceeding two years, or to both. (2) For the purposes of this section it shall be immaterial, where a person purports to be entitled to enter any premises or vessel, that the power which that person purports to be entitled to exercise does not exist, or would not be exercisable, even if that person had been designated or authorised by the Agency or by the NRBW.

175 Vesting of pipes in the appropriate agency.

(1) Subject to any provision to the contrary contained in an agreement between the appropriate agency and the person in whom an interest in the pipe is or is to be vested, every pipe which— (a) is a relevant pipe for the purposes of section 159 or 160 above; and (b) has been laid, in exercise of any power conferred by Chapter I of this Part or otherwise, by the appropriate agency, shall vest in the appropriate agency. (2) Subsection (1) above is without prejudice to the vesting of anything in the appropriate agency by virtue of the exercise by the appropriate agency of any power to acquire property by agreement or compulsorily.

176 Offence of interference with works etc.

(1) Subject to subsection (2) below, if any person without the consent of the appropriate agency— (a) intentionally or recklessly interferes with any resource main or other pipe vested in the appropriate agency or with any structure, installation or apparatus belonging to the appropriate agency; or (b) by any act or omission negligently interferes with any such main or other pipe or with any such structure, installation or apparatus so as to damage it or so as to have an effect on its use or operation, that person shall be guilty of an offence and liable, on summary conviction, to a fine not exceeding level 3 on the standard scale. (2) A person shall not be guilty of an offence under subsection (1) above— (a) by reason of anything done in an emergency to prevent loss or damage to persons or property; or (b) by reason of his opening or closing the stopcock fitted to a service pipe by means of which water is supplied to any premises by a water undertaker if— (i) he has obtained the consent of every consumer whose supply is affected by the opening or closing of that stopcock or, as the case may be, of every other consumer whose supply is so affected; and (ii) in the case of opening a stopcock, the stopcock was closed otherwise than by the undertaker. (3) Any person who without the consent of the appropriate agency— (a) attaches any pipe or apparatus to any resource main or other pipe vested in the appropriate agency; or (b) subject to subsection (4) below, uses any pipe or apparatus which has been attached or altered in contravention of this section, shall be guilty of an offence and liable, on summary conviction, to a fine not exceeding level 3 on the standard scale. (4) In proceedings against any person for an offence by virtue of paragraph (b) of subsection (3) above it shall be a defence for that person to show that he did not know, and had no grounds for suspecting, that the pipe or apparatus in question had been attached or altered as mentioned in that subsection. (5) An offence under subsection (1) or (3) above shall constitute a breach of a duty owed to the appropriate agency; and any such breach of duty which causes the appropriate agency to sustain loss or damage shall be actionable at the suit of the appropriate agency. (6) The amount recoverable by virtue of subsection (5) above from a person who has committed an offence under subsection (3) above shall include such amount as may be reasonable in respect of any water wasted, misused or improperly consumed in consequence of the commission of the offence. (7) In this section “service pipe” and “stopcock” have the same meanings as in the Water Industry Act 1991, and “consumer” has the same meaning as in Part III of that Act.

177 Compensation etc. in respect of exercise of works powers.

Schedule 21 to this Act shall have effect for making provision for imposing obligations as to the payment of compensation in respect of the exercise of the powers conferred on the appropriate agency by sections 159 to 167 above and otherwise for minimising the damage caused by the exercise of those powers.

178 Protection for particular undertakings.

Schedule 22 to this Act shall have effect for the protection of particular undertakings in connection with the carrying out of works and other activities by the appropriate agency.

179 Protective provisions in respect of flood defence works and watercourses etc.

(1) Nothing in this Act shall confer power on any person to do anything, except with the consent of the person who so uses them, which interferes— (a) with any sluices, floodgates, groynes, sea defences or other works used by any person for draining, preserving or improving any land under any local statutory provision; or (b) with any such works used by any person for irrigating any land. (2) Where the appropriate agency proposes, otherwise than in exercise of any compulsory powers— (a) to construct or alter any such inland waters in any internal drainage district as do not form part of a main river; or (b) to construct or alter any works on or in any such inland waters, the appropriate agency shall consult the internal drainage board for that district before doing so. (3) A consent for the purposes of subsection (1) above may be given subject to reasonable conditions but shall not be unreasonably withheld. (4) Any dispute— (a) as to whether anything done or proposed to be done interferes or will interfere as mentioned in subsection (1) above; (b) as to whether any consent for the purposes of this section is being unreasonably withheld; or (c) as to whether any condition subject to which any such consent has been given was reasonable, shall be referred to the arbitration of a single arbitrator to be appointed by agreement between the parties or, in default of agreement, by the President of the Institution of Civil Engineers. (5) The provisions of this section shall be without prejudice to the provisions of Schedule 22 to this Act.

180 Power of navigation authorities etc to divert the appropriate agency's watercourses.

(1) Where any watercourses under the control of the appropriate agency pass under or interfere with, or with the improvement or alteration of, any river, canal, dock, harbour, basin or other work (including any towing-path adjacent thereto) which belongs to or is under the jurisdiction of any relevant authority, the relevant authority may, at their own expense and on substituting for those watercourses other equally effective watercourses— (a) take up, divert or alter the level of those watercourses; and (b) do all such matters and things as may be necessary in connection with the works authorised to be done by them under this section. (2) If any question arises under this section between the appropriate agency and any relevant authority as to whether any watercourses substituted or proposed to be substituted by the relevant authority for any existing watercourses are as effective as the existing watercourses, that question shall be referred to the arbitration of a single arbitrator appointed by agreement between the parties or, in default of agreement, by the President of the Institution of Civil Engineers on the application of either party. (3) In this section— “relevant authority” means any navigation authority, harbour authority or conservancy authority; and “watercourse” has the same meaning as in Part IV of this Act.

181 Works in tidal lands etc.

(1) Nothing in any of the provisions of this Part relating to any relevant works power shall authorise the appropriate agency to carry out any works at any place below the place to which the tide flows at mean high water springs, except in accordance with such plans and sections, and subject to such restrictions, as may, before the works are commenced, have been approved by the Secretary of State. (2) An approval for the purposes of subsection (1) above shall be given to the appropriate agency by the service on the appropriate agency of a notice containing the approval. (3) Section 38 of the Salmon and Freshwater Fisheries Act 1975 (tidal lands etc.) shall apply to any proposed construction, alteration or extension under section 156 above as it applies to any proposed construction, alteration or extension under that Act. (4) Section 74 of the Land Drainage Act 1991 (application to Crown and tidal lands), so far as it relates to lands below the high-water mark of ordinary spring tides shall apply, as it applies in relation to that Act, to the flood defence provisions of this Act. (5) In subsection (1) above the reference to a relevant works power is a reference to a power conferred by any of sections 159, 160, 162(2) and (3) and 163 above.

182 Mineral rights.

Schedule 23 to this Act (which makes provision with respect to the acquisition of mineral rights by the appropriate agency and with respect to the working of mines and minerals where pipes, sewers or other related works are affected) shall have effect and, in the case of the compulsory acquisition of land by virtue of this Act, shall have effect instead of Schedule 2 to the Acquisition of Land Act 1981 (mineral rights etc. in relation to compulsory purchase orders).

183 Saving for planning controls etc.

(1) Without prejudice to the operation of section 90 of the Town and Country Planning Act 1990 (planning permission deemed to be granted in certain cases) in relation to any provision made by or under this Act or any other enactment which by virtue of this Act or the Water Act 1989 relates to the functions of the appropriate agency, nothing in this Act or in any such enactment shall be construed as authorising the carrying out of any development (within the meaning of that Act of 1990) without the grant of such planning permission as may be required by that Act of 1990. (2) Nothing in the flood defence provisions of this Act shall authorise any person to carry out any works or do anything in contravention of any of the provisions of the Ancient Monuments and Archaelogical Areas Act 1979.

184 Duties to make recreational facilities available when building reservoirs in Wales.

(1) Where the NRBW carries out any works for or in connection with the construction or operation of a reservoir in Wales which— (a) permanently affect one or more communities; and (b) are not primarily intended by the NRBW to benefit the inhabitants of that or those communities, it shall be the duty of the NRBW to make available facilities for recreation or other leisure-time occupation for the benefit of those inhabitants or to assist others to make such facilities available. (2) It shall be the duty of the NRBW, in performing its duty under subsection (1) above, to consult— (a) the community councils of the communities affected, in the case of communities having such councils; and (b) in any case, the council of any county or county borough in which any community affected is situated.

185 Savings in respect of existing drainage obligations.

(1) Nothing in the flood defence provisions of this Act shall operate to release any person from an obligation to which section 21 of the Land Drainage Act 1991 applies. (2) The functions of the appropriate agency as respects the doing of any work under the flood defence provisions of this Act are not to be treated as in any way limited by the fact that some other person is under an obligation, by reason of tenure, custom, prescription or otherwise, to do that work.

186 Interpretation of Part VII.

(1) In this Part— “discharge pipe” means a pipe from which discharges are or are to be made under section 163 above; “relevant transferred functions” means any functions which— were exercisable by the Agency before 1 April 2013, and are functions of the NRBW by virtue of the Natural Resources Body for Wales (Functions) Order 2013, but this is subject to subsection (1A). “resource main” means any pipe, not being a trunk main within the meaning of the Water Industry Act 1991, which is or is to be used for the purpose of— (a) conveying water from one source of supply to another, from a source of supply to a regulating reservoir or from a regulating reservoir to a source of supply; or (b) giving or taking a supply of water in bulk. (1A) For the purposes of the definition of “relevant transferred functions”— (a) a function of the Agency was exercisable before 1 April 2013 whether or not the enactment conferring it had come into force before that date, but (b) a function is only a relevant transferred function when the enactment conferring the Agency function transferred to or conferred on the NRBW has come into force. (2) In subsection (1) above— “source of supply” shall be construed without reference to the definition of that expression in section 221 below; and “supply of water in bulk” has the same meaning as in section 3 above. (3) The powers conferred by Chapter I of this Part shall be without prejudice to the powers conferred on the Agency or on the NRBW by any other enactment or by any agreement.

187 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

188 Duty of the Agency and NRBW to publish information

(1) The Agency must— (a) collate and publish information from which assessments can be made of the actual and prospective demand for water, and of actual and prospective water resources, in England; and (b) collaborate with others, so far as it considers it appropriate to do so, in collating and publishing any such information or any similar information in relation to places outside England. (2) The NRBW must— (a) collate and publish information from which assessments can be made of the actual and prospective demand for water, and of actual and prospective water resources, in Wales; and (b) collaborate with others, so far as it considers it appropriate to do so, in collating and publishing any such information or any similar information in relation to places outside Wales.

189 Register of abstraction and impounding licences.

(1) The appropriate agency shall keep, in such manner as may be prescribed, registers containing such information as may be prescribed with respect— (a) to applications made for the grant, revocation or variation of licences under Chapter II of Part II of this Act, including information as to the way in which such applications have been dealt with; and (b) to persons becoming the holders of such licences by virtue of section 59A, 59B or 59C above. (2) Every register kept by the appropriate agency under this section shall also contain such information as may be prescribed with respect— (a) to applications made in accordance with regulations under section 64 above; and (b) to licences granted or deemed to be granted, and licences revoked or varied, in accordance with regulations made under that section. (3) Subject to any regulations under this section, the information which the appropriate agency is required to keep in registers under this section shall continue to include the information which immediately before 1st September 1989 was contained in a register kept by a water authority under section 53 of the Water Resources Act 1963. (4) The contents of every register kept under this section shall be available, at such place as may be prescribed, for inspection by the public at all reasonable hours.

190 Pollution control register.

(1) It shall be the duty of the appropriate agency to maintain, in accordance with regulations made by the Secretary of State, registers containing prescribed particulars of or relating to— (a) any notices of water quality objectives or other notices served under section 83 above; (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (e) the following, that is to say— (i) samples of water or effluent taken by the appropriate agency for the purposes of any of the water pollution provisions of this Act; (ii) information produced by analyses of those samples; (iii) such information with respect to samples of water or effluent taken by any other person, and the analyses of those samples, as is acquired by the appropriate agency from any person under arrangements made by the appropriate agency for the purposes of any of those provisions; and (iv) the steps taken in consequence of any such information as is mentioned in any of sub-paragraphs (i) to (iii) above; . . . (f) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (g) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (h) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (j) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (k) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (l) directions given by the Secretary of State in relation to the appropriate agency's functions under the water pollution provisions of this Act; (m) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (n) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (o) works notices under section 161A above; (p) appeals under section 161C above; (q) convictions for offences under section 161D above; (r) such other matters relating to the quality of water or the pollution of water as may be prescribed by the Secretary of State. (1A) Where information of any description is excluded from any register by virtue of section 191B below, a statement shall be entered in the register indicating the existence of information of that description. (2) It shall be the duty of the appropriate agency— (a) to secure that the contents of registers maintained by the appropriate agency under this section are available, at all reasonable times, for inspection by the public free of charge; and (b) to afford members of the public reasonable facilities for obtaining from the appropriate agency, on payment of reasonable charges, copies of entries in any of the registers. and, for the purposes of this subsection, places may be prescribed by the Secretary of State at which any such registers or facilities as are mentioned in paragraph (a) or (b) above are to be available or afforded to the public in pursuance of the paragraph in question. (3) Section 101 above shall have effect in relation to any regulations under this section as it has effect in relation to any subordinate legislation under Part III of this Act. (4) The Secretary of State may give to the appropriate agency directions requiring the removal from any register maintained by it under this section of any specified information which is not prescribed for inclusion under subsection (1) above or which, by virtue of section 191A or 191B below, ought to have been excluded from the register. (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

191 Register for the purposes of works discharges.

(1) The appropriate agency shall keep a register of persons and premises for the purposes of section 164 above. (2) The appropriate agency shall enter the name and address of a person in that register in respect of any premises which abut on any watercourse if that person has requested to be so registered and is either— (a) the owner or occupier of those premises; or (b) an officer of an association of owners or occupiers of premises which abut on that watercourse and include those premises. (3) If the appropriate agency contravenes, without reasonable excuse, any of the requirements of this section, it shall be guilty of an offence and liable, on summary conviction, to a fine not exceeding level 3 on the standard scale.

191A Exclusion from registers of information affecting national security.

(1) No information shall be included in a register kept or maintained by the appropriate agency under any provision of this Act if and so long as, in the opinion of the Secretary of State, the inclusion in such a register of that information, or information of that description, would be contrary to the interests of national security. (2) The Secretary of State may, for the purpose of securing the exclusion from registers of information to which subsection (1) above applies, give to the appropriate agency directions— (a) specifying information, or descriptions of information, to be excluded from their registers; or (b) specifying descriptions of information to be referred to the Secretary of State for his determination; and no information referred to the Secretary of State in pursuance of paragraph (b) above shall be included in any such register until the Secretary of State determines that it should be so included. (3) The appropriate agency shall notify the Secretary of State of any information it excludes from a register in pursuance of directions under subsection (2) above. (4) A person may, as respects any information which appears to him to be information to which subsection (1) above may apply, give a notice to the Secretary of State specifying the information and indicating its apparent nature; and, if he does so— (a) he shall notify the appropriate agency that he has done so; and (b) no information so notified to the Secretary of State shall be included in any such register until the Secretary of State has determined that it should be so included.

191B Exclusion from registers of certain confidential information.

(1) No information relating to the affairs of any individual or business shall, without the consent of that individual or the person for the time being carrying on that business, be included in a register kept or maintained by the appropriate agency under any provision of this Act, if and so long as the information— (a) is, in relation to him, commercially confidential; and (b) is not required to be included in the register in pursuance of directions under subsection (7) below; but information is not commercially confidential for the purposes of this section unless it is determined under this section to be so by the appropriate agency or, on appeal, by the Secretary of State. (2) Where information is furnished to the appropriate agency for the purpose of— (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (c) complying with a notice under section 202 below, then, if the person furnishing it applies to the appropriate agency to have the information excluded from any register kept or maintained by the appropriate agency under any provision of this Act, on the ground that it is commercially confidential (as regards himself or another person), the appropriate agency shall determine whether the information is or is not commercially confidential. (3) A determination under subsection (2) above must be made within the period of fourteen days beginning with the date of the application and if the appropriate agency fails to make a determination within that period it shall be treated as having determined that the information is commercially confidential. (4) Where it appears to the appropriate agency that any information (other than information furnished in circumstances within subsection (2) above) which has been obtained by the appropriate agency under or by virtue of any provision of any enactment might be commercially confidential, the appropriate agency shall— (a) give to the person to whom or whose business it relates notice that that information is required to be included in a register kept or maintained by the appropriate agency under any provision of this Act, unless excluded under this section; and (b) give him a reasonable opportunity— (i) of objecting to the inclusion of the information on the ground that it is commercially confidential; and (ii) of making representations to the appropriate agency for the purpose of justifying any such objection; and, if any representations are made, the appropriate agency shall, having taken the representations into account, determine whether the information is or is not commercially confidential. (5) Where, under subsection (2) or (4) above, the appropriate agency determines that information is not commercially confidential— (a) the information shall not be entered on the register until the end of the period of twenty-one days beginning with the date on which the determination is notified to the person concerned; and (b) that person may appeal to the Secretary of State against the decision; and, where an appeal is brought in respect of any information, the information shall not be entered on the register until the end of the period of seven days following the day on which the appeal is finally determined or withdrawn. (6) Section 114 of the 1995 Act (delegation or reference to appeals etc) applies to any appeal brought under subsection (5). (6A) If either party to the appeal so requests, or the Secretary of State or Welsh Ministers so decide, an appeal shall be or continue in the form of a hearing (which must be held in private). (6B) The Secretary of State may by regulations make provision as to appeals under subsection (5) to the Secretary of State, and the Welsh Ministers may by regulations make provision as to appeals under that subsection to them; and the regulations may, in particular, may make provision as to— (a) the period within which and the manner in which appeals are to be brought; and (b) the manner in which appeals are to be considered. (7) The Secretary of State may give to the appropriate agency directions as to specified information, or descriptions of information, which the public interest requires to be included in registers kept or maintained by the appropriate agency under any provision of this Act notwithstanding that the information may be commercially confidential. (8) Information excluded from a register shall be treated as ceasing to be commercially confidential for the purposes of this section at the expiry of the period of four years beginning with the date of the determination by virtue of which it was excluded; but the person who furnished it may apply to the appropriate agency for the information to remain excluded from the register on the ground that it is still commercially confidential and the appropriate agency shall determine whether or not that is the case. (9) Subsections (5) and (6) above shall apply in relation to a determination under subsection (8) above as they apply in relation to a determination under subsection (2) or (4) above. (10) The Secretary of State may by regulations substitute (whether in all cases or in such classes or descriptions of case as may be specified in the regulations) for the period for the time being specified in subsection (3) above such other period as he considers appropriate. (11) Information is, for the purposes of any determination under this section, commercially confidential, in relation to any individual or person, if its being contained in the register would prejudice to an unreasonable degree the commercial interests of that individual or person. (12) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

192 Maps of fresh-water limits.

(1) The Secretary of State— (a) shall deposit maps with the appropriate agency showing what appear to him to be the fresh-water limits of every relevant river or watercourse; and (b) may from time to time, if he considers it appropriate to do so by reason of any change of what appears to him to be the fresh-water limit of any river or watercourse, deposit a map showing a revised limit for that river or watercourse. (2) It shall be the duty of the appropriate agency to keep any maps deposited with it under subsection (1) above available, at all reasonable times, for inspection by the public free of charge. (3) In this section “relevant river or watercourse” has the same meaning as in section 104 above.

193 The main river map for England

(1) The Agency must keep the main river map for England. (2) For the purposes of this Act the main river map for England is a record of areas in England which— (a) shows the extent to which any watercourse or part of a watercourse is to be treated as a main river or as part of a main river for the purposes of this Act, and (b) indicates which (if any) of those watercourses are watercourses designated in a scheme made under section 137. (3) The map is conclusive as to the extent to which a watercourse in England is to be treated as a main river or as part of a main river for the purposes of this Act. (4) The map must specify the date on which it takes effect. (5) The Agency must keep the map in electronic form. (6) In this section and sections 193A to 193E “watercourse” has the same meaning as in Part 4 of this Act.

193A Inspection and copies

(1) The Agency must provide reasonable facilities for inspecting the main river map for England in electronic form. (2) The Agency must on request provide any person with— (a) a hard copy of all or part of the map, or (b) data comprising all or part of the map in electronic form. (3) The Agency may charge a fee for providing a copy or data under subsection (2), but the fee— (a) must, in the case of a person appearing to the Agency to have requested a copy or data for commercial purposes, represent a reasonable usage fee, and (b) in any other case, may not exceed the reasonable costs of providing the copy or data. (4) The Agency must on request provide a body mentioned in the first column of the following table with a hard copy of, or data comprising, such part of the main river map for England as is described in the second column of the entry for that body. A local authority in England | The part that relates to the local authority's area An internal drainage board for an internal drainage district that is wholly or partly in England | The part that relates to its district, so far as that district is in England A water company that exercises functions in relation to an area in England | The part that relates to that area A highway authority that exercises functions in relation to highways in England | The part that relates to the area in England in relation to which it exercises functions A navigation authority that exercises functions in relation to an area in England | The part that relates to that area (5) The Documentary Evidence Act 1868 has effect as if— (a) the Agency were mentioned in the first column of the Schedule to that Act; (b) any member of the staff of the Agency authorised to act on behalf of the Agency were specified in the second column of the Schedule to that Act in connection with the Agency; (c) the regulation referred to in that Act included the main river map for England kept by the Agency; (d) references to a copy included references to a print-out of information kept in electronic form.

193B Replacing the main river map for England

(1) The Agency may at any time replace the existing main river map for England for the purpose of including— (a) a change which, pursuant to section 193(2)(b), is required by the making, amendment or revocation of a scheme under section 137, (b) a change to give effect to a determination under section 193C, or (c) a change directed by the Secretary of State under section 193D(5) (following an appeal against a determination). (2) A replacement map may not include other changes. (3) A replacement map must specify the date on which it takes effect.

193C Determinations as to main rivers

(1) Subject to the following provisions of this section, the Agency may determine that— (a) such watercourse or part of a watercourse in England as is specified in the determination is to be treated for the purposes of this Act as a main river or part of a main river; (b) such watercourse or part of a watercourse in England as is specified in the determination (not being a watercourse designated in a scheme made under section 137) is no longer to be treated for the purposes of this Act as a main river or part of a main river. (2) Before making a determination under subsection (1) as regards a watercourse, the Agency must— (a) publish (in such manner as it considers appropriate) the determination it proposes to make, and (b) consider representations made within the time and in the manner specified by the Agency when publishing the determination. (3) The Agency must consult the NRBW before making a determination under subsection (1)— (a) which affects a watercourse part of which is in England and part of which is in Wales, and (b) in which it seems to the Agency that the NRBW has an interest. (4) Having taken such steps as are required by subsections (2) and (3), the Agency may— (a) decide not to make a determination, or (b) decide to make a determination in accordance with what was proposed under subsection (2)(a) or otherwise. (5) The Agency must publish (in such manner as it considers appropriate)— (a) that decision; (b) the terms of any determination made; (c) if a determination is made, the date on which a replacement map will give effect to the determination. (6) The date specified under subsection (5)(c) may not be before the end of a period of six weeks beginning with the day on which the matters specified in subsection (5) are published. (7) The Agency must also inform those persons affected by the proposal who made representations in accordance with subsection (2)(b) containing an objection to the proposal as to the matters referred to in subsection (5).

193D Appeals

(1) A person aggrieved by a determination under section 193C may appeal to the Secretary of State. (2) An appeal must be made before the end of a period of six weeks beginning with the day on which the matters referred to in section 193C(5) are published. (3) Where an appeal is made against a determination, a replacement map under section 193B may not include a change to give effect to the determination except as specified in this section. (4) The Secretary of State may appoint a person to make a report to assist the Secretary of State in determining the appeal. (5) If the Secretary of State allows the appeal in whole or in part, the Secretary of State may by direction to the Agency— (a) specify a change to be included in a replacement map under section 193B, and (b) specify the date on which that change is to take effect. (6) If the Secretary of State dismisses the appeal, the Agency may include a change to give effect to its determination in a replacement map, the replacement map to have effect on such date as the Secretary of State may direct. (7) The Secretary of State may direct the Agency to publish the Secretary of State's decision in such manner as the direction may specify.

193E Guidance

(1) The Secretary of State may from time to time issue guidance to the Agency about the exercise of its functions under sections 193 to 193D. (2) The guidance may in particular include guidance as to— (a) determining whether or not a watercourse or part of a watercourse is suitable to become or to remain a main river or a part of a main river; (b) what kind of publication is appropriate under section 193C(2) and (5). (3) The Agency must have regard to the guidance in carrying out its functions under sections 193 to 193D.

194 The main river map for Wales

(1) The NRBW must keep the main river map for Wales. (2) For the purposes of this Act the main river map for Wales is a record of areas in Wales which— (a) shows the extent to which any watercourse or part of a watercourse is to be treated as a main river or as part of a main river for the purposes of this Act, and (b) indicates which (if any) of those watercourses are watercourses designated in a scheme made under section 137. (3) The map is conclusive as to the extent to which a watercourse in Wales is to be treated as a main river or as part of a main river for the purposes of this Act. (4) The map must specify the date on which it takes effect. (5) The NRBW must keep the map in electronic form. (6) In this section and sections 194A to 194E “watercourse” has the same meaning as in Part 4 of this Act.