Water Resources Act 1991

Appeals in respect of consents under Chapter II

91

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Chapter III — Powers to Prevent and Control Pollution

Requirements to take precautions against pollution

92

• (1) The Secretary of State may by regulations make provision—

• (a) for prohibiting a person from having custody or control of any poisonous, noxious or polluting matter unless prescribed works and prescribed precautions and other steps have been carried out or taken for the purpose of preventing or controlling the entry of the matter into any controlled waters;

• (b) for requiring a person who already has custody or control of, or makes use of, any such matter to carry out such works for that purpose and to take such precautions and other steps for that purpose as may be prescribed.

• (2) Without prejudice to the generality of the power conferred by subsection (1) above, regulations under that subsection may—

• (a) confer power on the appropriate agency—

• (i) to determine for the purposes of the regulations the circumstances in which a person is required to carry out works or to take any precautions or other steps; and

• (ii) by notice to that person, to impose the requirement and to specify or describe the works, precautions or other steps which that person is required to carry out or take;

• (b) provide for appeals to the Secretary of State against notices served by the appropriate agency in pursuance of provision made by virtue of paragraph (a) above; and

• (c) provide that a contravention of the regulations shall be an offence the maximum penalties for which shall not exceed the penalties specified in regulation 39(1) of the Environmental Permitting Regulations.

• (3) This section is subject to section 114 of the 1995 Act (delegation or reference of appeals etc).

Water protection zones

93

• (1) Where the appropriate national authority considers that either or both of subsections (2) and (2A) is satisfied in relation to any area, it may by order make provision—

• (a) designating that area as a water protection zone; and

• (b) regulating the carrying on in that zone of such activities as may be specified or described in the order.

• (1A) An order under this section may regulate activities carried on in a water protection zone by—

• (a) prohibiting or restricting the carrying on of those activities in the zone; or

• (b) imposing requirements on persons who carry on those activities in the zone to take such steps as may be specified or described in the order.

• (1B) The power under subsection (1A)(b) is exercisable only for the purpose of achievement of any applicable environmental objectives.

• (2) For the purposes of subsection (1) above this subsection is satisfied in relation to any area if ... it is appropriate, with a view to preventing or controlling the entry of any poisonous, noxious or polluting matter into controlled waters, to prohibit or restrict the carrying on in that area of activities which the appropriate national authority considers are likely to result in the pollution of any such waters.

• (2A) For the purposes of subsection (1) this subsection is satisfied in relation to any area if it is appropriate, with a view to preventing or limiting any harm that is being or is likely to be caused to controlled waters, to regulate the carrying on in that area of activities which the appropriate national authority considers are likely to result in such harm.

• (2B) In subsection (2A) “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 any environmental objectives applicable to those waters (whether by itself or in combination with other factors), other than an adverse impact caused by the entry into controlled waters of any poisonous, noxious or polluting matter.

• (2C) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) Without prejudice to the generality of the power conferred by virtue of subsection (1) above, an order under this section may—

• (a) confer power on the appropriate agency to determine for the purposes of the order—

• (i) the circumstances in which the carrying on of any activities is prohibited or restricted;

• (ii) the circumstances in which any requirement to take steps is imposed on persons who carry on activities;

• (iii) the activities to which any such prohibition or restriction or any such requirement (as the case may be) applies.

• (b) apply a prohibition or restriction in respect of any activities to cases where the activities are carried on without the consent of the appropriate agency or in contravention of any conditions subject to which any such consent is given;

• (c) provide that a contravention of a prohibition or restriction contained in the order or of a condition of a consent given for the purposes of any such prohibition or restriction or a failure to comply with a requirement to take steps contained in the order shall be an offence;

• (d) provide (subject to any regulations under section 96 below) for anything falling to be determined under the order by the appropriate agency to be determined in accordance with such procedure and by reference to such matters and to the opinion of such persons as may be specified in the order;

• (e) make different provision for different cases, including different provision in relation to different persons, circumstances or localities; and

• (f) contain such supplemental, consequential and transitional provision as the appropriate national authority considers appropriate.

• (4A) The maximum penalties for an offence created by subsection 4(c) shall not exceed—

• (a) on summary conviction, a term of imprisonment for a term not exceeding three months or a fine not exceeding the statutory maximum (or both); and

• (b) on conviction on indictment, imprisonment for a term not exceeding two years or a fine (or both).

• (5) In this section, “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 an order under this section shall be exercisable by statutory instrument subject—

• (a) in the case of an order made by the Secretary of State, to annulment in pursuance of a resolution of either House of Parliament; and

• (b) in the case of an order made by the Welsh Ministers, to annulment in pursuance of a resolution of the National Assembly for Wales,

but neither the Secretary of State nor the Welsh Ministers shall make such an order except on an application made by the appropriate agency in accordance with Schedule 11 to this Act and otherwise in accordance with that Schedule.

• (7) In this section—

• “England” includes the territorial sea adjacent to England not forming any part of Wales and “Wales” has the meaning given by section 158(1) of the Government of Wales Act 2006;

• “environmental objectives”—in relation to the Solway Tweed River Basin District, means the objectives as defined in regulation 2 of the Water Environment (Water Framework Directive) (Solway Tweed River Basin District) Regulations 2004 (S.I. 2004/99);in relation to the Northumbria River Basin District, means the objectives referred to in the WFD Regulations as applied and modified by regulation 5 of the Water Environment (Water Framework Directive) (Northumbria River Basin District) Regulations 2003 (S.I. 2003/3245);in relation to any other river basin district, within the meaning of the WFD Regulations, has the same meaning as in those regulations;

• “hydromorphological quality element” has the same meaning as in the Water Framework Directive;

• “the WFD Regulations” means the Water Environment (Water Framework Directive) (England and Wales) Regulations 2017 (S.I. 2017/407).

• “the Water Framework Directive” means Directive 2000/60/EC of the European Parliament and of the Council establishing a framework for Community action in the field of water policy , as last amended by Commission Directive 2014/101/EU.

Nitrate sensitive areas

94

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Agreements in nitrate sensitive areas

95

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Regulations with respect to consents required by virtue of section 93 or 94

96

• (1) The Secretary of State may, for the purposes of any orders under section 93 above which require the consent of the appropriate agency to the carrying on of any activities, by regulations make provision with respect to—

• (a) applications for any such consent;

• (b) the conditions of any such consent;

• (c) the revocation or variation of any such consent;

• (d) appeals against determinations on any such application;

• (e) the exercise by the Secretary of State of any power conferred on the appropriate agency by the orders;

• (f) the imposition of charges where such an application has been made, such a consent has been given or anything has been done in pursuance of any such consent; and

• (g) the registration of any such application or consent.

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) This section is subject to section 114 of the 1995 Act (delegation or reference of appeals etc).

Codes of good agricultural practice

97

• (1) The Ministers may by order made by statutory instrument approve any code of practice issued (whether by either or both of the Ministers or by another person) for the purpose of—

• (a) giving practical guidance to persons engaged in agriculture with respect to activities that may affect controlled waters; and

• (b) promoting what appear to them to be desirable practices by such persons for avoiding or minimising the pollution of any such waters,

and may at any time by such an order approve a modification of such a code or withdraw their approval of such a code or modification.

• (2) A contravention of a code of practice as for the time being approved under this section shall not of itself give rise to any criminal or civil liability, but the appropriate agency shall take into account whether there has been or is likely to be any such contravention in determining when and how it should exercise—

• (a) its relevant functions, in relation to water discharge activities, under the Environmental Permitting Regulations;

• (b) any powers conferred on the appropriate agency by regulations under section 92 above.

• (3) The Ministers shall not make an order under this section unless they have first consulted the appropriate agency.

chapter IV — SUPPLEMENTAL PROVISIONS WITH RESPECT TO WATER POLLUTIONS

Radioactive substances

98

• (1) Except as provided by regulations made by the Secretary of State under this section, nothing in this Part shall apply in relation to radioactive waste within the meaning of the Environmental Permitting Regulations.

• (2) The Secretary of State may by regulations—

• (a) provide for prescribed provisions of this Part to have effect with such modifications as he considers appropriate for dealing with such waste;

• (b) make such modifications of the Environmental Permitting Regulations or, in relation to such waste, of any other enactment as he considers appropriate in consequence of the provisions of this Part and of any regulations made by virtue of paragraph (a) above.

Consents required by the Authority

99

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Civil liability in respect of pollution and savings

100

Except in so far as this Part expressly otherwise provides and subject to the provisions of section 18 of the Interpretation Act 1978 (which relates to offences under two or more laws), nothing in this Part—

• (a) confers a right of action in any civil proceedings (other than proceedings for the recovery of a fine) in respect of any contravention of this Part or any subordinate legislation, consent or other instrument made, given or issued under this Part;

• (b) derogates from any right of action or other remedy (whether civil or criminal) in proceedings instituted otherwise than under this Part; or

• (c) affects any restriction imposed by or under any other enactment, whether public, local or private.

Limitation for summary offences under Part III

101

Notwithstanding anything in section 127 of the Magistrates’ Courts Act 1980 (time limit for summary proceedings), a magistrates’ court may try any summary offence under this Part, or under any subordinate legislation made under this Part, if the information is laid not more than twelve months after the commission of the offence.

Power to give effect to international obligations

102

The Secretary of State shall have power by regulations to provide that the water pollution provisions of this Act shall have effect with such modifications as may be prescribed for the purpose of ...—

• (a) giving effect to any assimilated obligations, or

• (b) enabling Her Majesty's Government in the United Kingdom to give effect to any international agreement to which the United Kingdom is for the time being a party.

Transitional pollution provisions

103

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Meaning of “controlled waters” etc. in Part III

104

• (1) References in this Part to controlled waters are references to waters of any of the following classes—

• (a) relevant territorial waters, that is to say, subject to subsection (4) below, the waters which extend seaward for three miles from the baselines from which the breadth of the territorial sea adjacent to England and Wales is measured;

• (b) coastal waters, that is to say, any waters which are within the area which extends landward from those baselines as far as—

• (a) the limit of the highest tide; or

• (b) in the case of the waters of any relevant river or watercourse, the fresh-water limit of the river or watercourse,

together with the waters of any enclosed dock which adjoins waters within that area;

• (c) inland freshwaters, that is to say, the waters of any relevant lake or pond or of so much of any relevant river or watercourse as is above the fresh-water limit;

• (d) ground waters, that is to say, any waters contained in underground strata;

and, accordingly, in this Part “coastal waters”, “controlled waters”, “ground waters”, “inland freshwaters” and “relevant territorial waters” have the meanings given by this subsection.

• (2) In this Part any reference to the waters of any lake or pond or of any river or watercourse includes a reference to the bottom, channel or bed of any lake, pond, river or, as the case may be, watercourse which is for the time being dry.

• (3) In this section—

• “fresh-water limit”, in relation to any river or watercourse, means the place for the time being shown as the fresh-water limit of that river or watercourse in the latest map deposited for that river or watercourse under section 192 below;

• “miles” means international nautical miles of 1,852 metres;

• “lake or pond” includes a reservoir of any description;

• “relevant lake or pond” means (subject to subsection (4) below) any lake or pond which (whether it is natural or artificial or above or below ground) discharges into a relevant river or watercourse or into another lake or pond which is itself a relevant lake or pond;

• “relevant river or watercourse” means (subject to subsection (4) below) any river or watercourse (including an underground river or watercourse and an artificial river or watercourse) which is neither a public sewer nor a sewer or drain which drains into a public sewer.

• (4) The Secretary of State may by order provide—

• (a) that any area of the territorial sea adjacent to England and Wales is to be treated as if it were an area of relevant territorial waters for the purposes of this Part and of any other enactment in which any expression is defined by reference to the meanings given by this section;

• (b) that any lake or pond which does not discharge into a relevant river or watercourse or into a relevant lake or pond is to be treated for those purposes as a relevant lake or pond;

• (c) that a lake or pond which does so discharge and is of a description specified in the order is to be treated for those purposes as if it were not a relevant lake or pond;

• (d) that a watercourse of a description so specified is to be treated for those purposes as if it were not a relevant river or watercourse.

• (5) An order under this section may—

• (a) contain such supplemental, consequential and transitional provision as the Secretary of State considers appropriate; and

• (b) make different provision for different cases, including different provision in relation to different persons, circumstances or localities.

• (6) The power of the Secretary of State 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.

Part IV — FLOOD DEFENCE

General

General functions with respect to flood defence

105

• (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2) For the purpose of carrying out its flood defence functions the appropriate agency shall from time to time carry out surveys of the areas in relation to which it carries out those functions.

• (3) In the exercise of the powers conferred by the following provisions of this Part and the other flood defence provisions of this Act due regard shall be had to the interests of fisheries, including sea fisheries.

• (4) Nothing in the following provisions of this Part or the other flood defence provisions of this Act shall prejudice or affect the provisions of Part V of this Act or the Salmon and Freshwater Fisheries Act 1975 or any right, power or duty conferred or imposed by that Part or that Act.

Obligation to carry out flood defence functions through committees

106

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Main river functions

Main river functions under the Land Drainage Act 1991

107

• (1) This section has effect for conferring functions in relation to main rivers on the appropriate agency which are functions of drainage boards in relation to other watercourses.

• (2) Notwithstanding subsection (3) of section 21 of the Land Drainage Act 1991 (power to secure compliance with drainage obligations), the powers of the appropriate agency in relation to a main river shall, by virtue of this section, include the powers which under that section are exercisable otherwise than in relation to a main river by the drainage board concerned; and the provisions of that section shall have effect accordingly.

• (3) The powers of the appropriate agency in relation to a main river shall, by virtue of this section, include the powers which under section 25 of the Land Drainage Act 1991 (powers for securing the maintenance of flow of watercourses) are exercisable in relation to an ordinary watercourse by the drainage board concerned; and the provisions of that section and section 27 of that Act shall have effect accordingly.

• (4) Sections 33 and 34 of the Land Drainage Act 1991 (commutation of obligations) shall have effect where—

• (a) any person is under an obligation imposed on him by reason of tenure, custom, prescription or otherwise to do any work in connection with the drainage of land (whether by way of repairing banks or walls, maintaining watercourses or otherwise); and

• (b) that work is in connection with a main river,

as they have effect in relation to an obligation to do work otherwise than in connection with a main river but as if the appropriate agency were under a duty to take steps to commute the obligation and the references in those sections to the drainage board for the internal drainage district where the works fall to be done were omitted.

• (5) In this section—

• (a) references to the exercise of a power in relation to a main river shall include a reference to its exercise in connection with a main river or in relation to the banks of such a river or any drainage works in connection with such a river; and

• (b) expressions used both in this section and in a provision applied by this section have the same meanings in this section as in that provision.

• (6) The functions of the appropriate agency by virtue of this section are in addition to the functions of the appropriate agency which by virtue of the provisions of the Land Drainage Act 1991 are exercisable by the appropriate agency concurrently with an internal drainage board.

Schemes for transfer to the Authority of functions in relation to main river

108

• (1) The appropriate agency may at any time prepare and submit to either of the Ministers for confirmation a scheme making provision for the transfer to the appropriate agency from any drainage body of—

• (a) all rights, powers, duties, obligations and liabilities (including liabilities incurred in connection with works) over or in connection with a main river; and

• (b) any property held by the drainage body for the purpose of, or in connection with, any functions so transferred;

and the appropriate agency shall prepare such a scheme and submit it to one of the Ministers if it is directed to do so by that Minister.

• (2) A scheme prepared and submitted under subsection (1) above may make provisions for any matter supplemental to or consequential on the transfers for which the scheme provides.

• (3) The Minister to whom a scheme is submitted under this section may by order made by statutory instrument confirm that scheme; and Schedule 14 to this Act shall have effect with respect to the procedure to be followed in connection with the making of such an order and with respect to challenges to such orders.

• (4) An order under this section may contain provisions with respect to the persons by whom all or any of the expenses incurred by the Ministers or other persons in connection with the making or confirmation of the order, or with the making of the scheme confirmed by the order, are to be borne.

• (5) Where, under a scheme made by the appropriate agency under this section, liabilities incurred in connection with drainage works are transferred to the appropriate agency from a local authority, the appropriate agency may require the local authority to make contributions to the appropriate agency towards the discharge of the liabilities.

• (6) If the amount to be paid by a local authority by way of contributions required under subsection (5) above is not agreed between the appropriate agency and the local authority, it shall be referred to the arbitration of a single arbitrator appointed—

• (a) by agreement between them; or

• (b) in default of agreement, by the Ministers.

• (7) The relevant Minister shall by regulations provide for the payment, subject to such exceptions or conditions as may be specified in the regulations, of compensation by the appropriate agency to any officer or other employee of a drainage body who suffers loss of employment or loss or diminution of emoluments which is attributable to a scheme under this section or anything done in pursuance of such a scheme.

• (8) Regulations under subsection (7) above may include provision—

• (a) as to the manner in which and the persons to whom any claim for compensation by virtue of the regulations is to be made; and

• (b) for the determination of all questions arising under the regulations.

• (9) In this section—

• “drainage body” means an internal drainage board or any other body having power to make or maintain works for the drainage of land;

• “the relevant Minister”—

• (a) in relation to employees of a drainage body wholly in Wales, means the Secretary of State;

• (b) in relation to employees of a drainage body partly in Wales, means the Ministers; and

• (c) in any other case, means the Minister.

Structures in, over or under a main river

109

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Applications for consents and approvals under section 109

110

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Arrangements with certain authorities

Arrangements with navigation and conservancy authorities

111

• (1) Subject to subsection (2) below, the appropriate agency, with a view to improving the drainage of any land, may enter into an arrangement with a navigation authority or conservancy authority for any of the following purposes, that is to say—

• (a) the transfer to the appropriate agency of—

• (i) the whole or any part of the undertaking of the navigation authority or conservancy authority or of any of the rights, powers, duties, liabilities and obligations of that authority; or

• (ii) any property vested in that authority as such;

• (b) the alteration or improvement by the appropriate agency of any of the works of the navigation authority or conservancy authority;

• (c) the making of payments by the appropriate agency to the navigation authority or conservancy authority or by that authority to the appropriate agency in respect of any matter for which provision is made by the arrangement.

• (2) The exercise by the appropriate agency of its power to enter into an arrangement under this section shall require the approval of the Ministers.

• (3) Where the appropriate agency is intending to enter into an arrangement under this section it shall publish a notice of its intention in such manner as may be directed by either of the Ministers.

• (4) Where an arrangement has been made under this section, the appropriate agency shall cause a notice under subsection (5) below to be published in the London Gazette in such form as may be prescribed by regulations made by one of the Ministers.

• (5) A notice under this subsection is a notice—

• (a) stating that the arrangement has been made; and

• (b) specifying the place at which a copy of the arrangement may be inspected by persons interested.

Supplemental

Flood defence regulations

112

The Ministers shall each have power by regulations to make provision generally for the purpose of carrying into effect the provisions of this Part and the other flood defence provisions of this Act.

Interpretation of Part IV

113

• (1) In this Part—

• “banks” means banks, walls or embankments adjoining or confining, or constructed for the purposes of or in connection with, any channel or sea front, and includes all land and water between the bank and low-watermark;

• “drainage” includes—

• (a) defence against water, including sea water;

• (b) irrigation other than spray irrigation; . . .

• (c) warping; and

• (d) the carrying on, for any purpose, of any other practice which involves management of the level of water in a watercourse;

• “flood defence” means the drainage of land and the provision of flood warning systems;

• “main river” (subject to section 137(4) below) means a watercourse shown as such on the main river map for England or the main river map for Wales and includes any structure or appliance for controlling or regulating the flow of water into, in or out of the channel which—

• (a) is a structure or appliance situated in the channel or in any part of the banks of the channel; and

• (b) is not a structure or appliance vested in or controlled by an internal drainage board;

• (2) If any question arises under this Part—

• (a) whether any work is a drainage work in connection with a main river; or

• (b) whether any proposed work will, if constructed, be such a drainage work,

the question shall be referred to one of the Ministers for decision or, if either of the parties so requires, to arbitration.

• (3) Where any question is required under subsection (2) above to be referred to arbitration it shall be referred to the arbitration of a single arbitrator appointed—

• (a) by agreement between the parties; or

• (b) in default of agreement, by the President of the Institution of Civil Engineers, on the application of either party.

• (4) Nothing in this Part shall affect the powers exercisable by the appropriate agency under any local Act, as they existed immediately before the coming into force of this Act.

Part V — GENERAL CONTROL OF FISHERIES

General fisheries duty of the Authority

114

Fisheries orders

115

• (1) Subject to the following provisions of this section, 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 for the modification, in relation to the fisheries in that area—

• (a) of any provisions of the Salmon and Freshwater Fisheries Act 1975 (as amended by the Marine and Coastal Access Act 2009) relating to the regulation of fisheries;

• (b) of section 142 or 156 below or paragraph 6 or 7 of Schedule 25 to this Act (as so amended) ; or

• (c) of any provisions of a local Act relating to any fishery in that area.

• (2) An order under this section—

• (a) may contain such supplemental, consequential and transitional provision, including provision for the payment of compensation to persons injuriously affected by the order, as may appear to be necessary or expedient in connection with the other provisions of the order; but

• (b) shall not apply to any waters in respect of which either of the Ministers has granted a licence under section 29 of the Salmon and Freshwater Fisheries Act 1975 (fish rearing licences).

• (3) Before either of the Ministers makes an order under this section he shall—

• (a) send to the appropriate agency a copy of the draft order; and

• (b) notify the appropriate agency of the time within which, and the manner in which, objections to the draft order may be made to him.

• (4) Neither of the Ministers shall make an order under this section unless the appropriate agency has caused notice of—

• (a) that Minister’s intention to make the order;

• (b) the place where copies of the draft order may be inspected and obtained; and

• (c) the matters notified under subsection (3)(b) above,

to be published in the London Gazette and, if it is directed to do so by one of the Ministers, in such other manner as that Minister thinks best adapted for informing persons affected.

• (5) Before either of the Ministers makes an order under this section he-

• (a) shall consider any objection which may be duly made to the draft order; and

• (b) may cause a public local inquiry to be held with respect to any such objections.

• (6) A statutory instrument containing an order under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament; and, where a statutory instrument is laid before Parliament for the purposes of this paragraph, a copy of the report of any local inquiry held with respect to objections considered in connection with the making of the order contained in that instrument shall be so laid at the same time.

• (7) Where—

• (a) any fishery, land or foreshore proposed to be comprised in an order under this section making provision, by virtue of subsection (1)(b) above, for the modification of section 156 below in relation to fisheries in an area; or

• (b) any fishery proposed to be affected by any such order; or

• (c) any land over which it is proposed to acquire an easement under any such order,

belongs to Her Majesty in right of the Crown or forms part of the possessions of the Duchy of Lancaster or the Duchy of Cornwall or belongs to, or is under the management of, any government department, the order may be made by one of the Ministers only if he has previously obtained the consent of the appropriate authority.

• (8) In subsection (7) above “the appropriate authority”—

• (a) in the case of any foreshore under the management of the Crown Estate Commissioners or of any fishery or land belonging to Her Majesty in right of the Crown, means those Commissioners;

• (b) in the case of any foreshore, fishery or land forming part of the possessions of the Duchy of Lancaster, means the Chancellor of the Duchy;

• (c) in the case of any foreshore, fishery or land forming part of the possessions of the Duchy of Cornwall, means the Duke of Cornwall or the persons for the time being empowered to dispose for any purpose of the land of the Duchy;

• (d) in the case of any foreshore, fishery or land which belongs to or is under the management of a government department, means that government department.

• (9) In this section “foreshore” includes the shore and bed of the sea and of every channel, creek, bay, estuary and navigable river as far as the tide flows.

Power to give effect to international obligations

116

• (1) Each of the Ministers shall have power by regulations to provide that the provisions of this Part or of any other enactment relating to the carrying out by the appropriate agency of such of its functions as relate to fisheries shall have effect with such modifications as may be prescribed by the regulations for the purpose of ...—

• (a) giving effect to any assimilated obligations, or

• (b) enabling Her Majesty's Government in the United Kingdom to give effect to any international agreement to which the United Kingdom is for the time being a party.

• (2) In subsection (1), the reference to functions includes any functions conferred on the appropriate agency by virtue of the Marine and Coastal Access Act 2009.

Part VI — FINANCIAL PROVISIONS IN RELATION TO THE APPROPRIATE AGENCY

chapter I — GENERAL FINANCIAL PROVISIONS

General financial duties

117

Special duties with respect to flood defence revenue

118

• (1) Revenue raised by the appropriate agency as mentioned in subsection (2) below—

• (a) shall, except for any amount falling within subsection (3) below, be spent only in the carrying out of the appropriate agency's flood and coastal erosion risk management functions, within the meaning of Part 1 of the Flood and Water Management Act 2010, in or for the benefit of the flood risk management region in which it is raised; ...

• (b) where the appropriate agency is the Agency, shall be disregarded in determining the amount of any surplus for the purposes of section 44(4) ofthe 1995 Act ; and

• (c) where the appropriate agency is the NRBW, shall be disregarded in determining the amount of any surplus for the purposes of article 13 of the Natural Resources Body for Wales (Establishment) Order 2012 (S.I.2012/1903).

• (2) The revenue referred to in subsection (1) above is revenue raised by the appropriate agency in a flood risk management region—

• (a) by virtue of any regulations under section 74 of the Local Government Finance Act 1988 (power to issue levies);

• (b) by general drainage charges under sections 134 and 135 below;

• (c) by special drainage charges under sections 137 and 138 below; or

• (d) by contributions required under section 139(1) below.

• (3) An amount falls within this subsection if it is an amount which the appropriate agency considers it appropriate—

• (a) to set aside towards research or related activities or towards meeting the appropriate agency's administrative expenses; ...

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) Any amount specified in a resolution under section 58(1)(b) of the Land Drainage Act 1991 in relation to any flood risk management region (allocation of revenue in lieu of contributions) shall be treated for the purposes of this section as if it were revenue actually raised by contributions required under section 139(1) below.

• (5) For the purposes of this section, the following sums, that is to say—

• (a) any sums held by the appropriate agency by virtue of any transfer of property, rights or liabilities from a water agency in accordance with a scheme under Schedule 2 to the Water Act 1989, in so far as those sums represent amounts which the water agency was required by virtue of paragraph 31 of Schedule 3 to the Water Act 1973 to spend only in the discharge of their land drainage functions in or for the benefit of a particular local land drainage district; and

• (b) any sums raised by the appropriate agency in a flood risk management region by virtue of a precept issued under section 46 of the Land Drainage Act 1976,

shall be treated as revenue raised by the appropriate agency as mentioned in subsection (2) above in the corresponding flood risk management region or, as the case may be, in that local flood defence district.

• (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (7) In this section “flood risk management region” —

• (a) 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

• (b) in relation to the NRBW, means Wales, within the meaning of section 158 of the Government of Wales Act 2006.

Duties with respect to certain funds raised under local enactments

119

• (1) Where the Agency holds any funds, or any interest in any funds, which immediately before the transfer date the National Rivers Authority, by virtue of this subsection as originally enacted, was not permitted to use except for particular purposes, those funds or that interest shall not be used except for the purposes for which they could be used by virtue of this subsection as originally enacted.

• (1A) For the purposes of subsection (1) above, “the transfer date” has the same meaning as in Part I of the 1995 Act.

• (2) Any funds to which subsection (1) above applies shall be disregarded in determining the amount of any surplus under section 44(3) of the 1995 Act.

Contributions between the Authority and certain other authorities

120

• (1) Where, on the application of a navigation authority, harbour authority or conservancy authority, it appears to the appropriate agency that any works constructed or maintained by the applicants have made, or will make, a beneficial contribution towards the fulfilment of the purposes of the appropriate agency's water resources functions, the appropriate agency shall contribute towards the expenditure incurred or to be incurred by the applicants in constructing or maintaining those works.

• (2) Where, on the application of the appropriate agency, it appears to a navigation authority, harbour authority or conservancy authority that any works constructed or maintained by the appropriate agency in the carrying out of its water resources functions have made, or will make, a beneficial contribution towards the carrying out of the functions of the authority to whom the application is made, that authority shall contribute to the appropriate agency towards the expenditure incurred or to be incurred by the appropriate agency in constructing or maintaining those works.

• (3) Subject to the following provisions of this section, the sums to be paid by way of contribution and the terms and conditions on which they are to be paid shall be such as the appropriate agency and the other authority concerned may agree to be appropriate.

• (4) If on any application under this section—

• (a) the appropriate agency or, as the case may be, the other authority to whom the application is made refuses to make a contribution; or

• (b) the appropriate agency and the other authority concerned are unable to agree as to the sums to be contributed or the terms and conditions on which they are to be contributed,

the appropriate agency or the other authority concerned may refer the matter in dispute to the Secretary of State.

• (5) On a reference under subsection (4) above the Secretary of State may either—

• (a) determine that matter himself; or

• (b) refer it for determination to an arbitrator appointed by him for the purpose;

and where any decision has been made by the Secretary of State or an arbitrator under this subsection, the decision shall be final and a contribution shall be made in accordance with the decision as if the sums, terms or conditions determined under this subsection had been agreed to be appropriate as mentioned in subsection (3) above.

• (6) Any expenditure incurred by a navigation authority, harbour authority or conservancy authority in paying any contribution under this section shall be defrayed in the like manner as any corresponding expenditure of that authority; and that authority shall have the same powers for the purpose of raising money required for paying any such contribution as they would have for the purpose of raising money required for defraying any corresponding expenditure of that authority.

• (7) In subsection (6) above the references to corresponding expenditure of a navigation authority, harbour authority or conservancy authority, in relation to the payment of a contribution in respect of any works, are references to expenditure incurred by the authority in performing the functions in respect of which it is claimed by the appropriate agency that the works have made, or will make, such a beneficial contribution as is mentioned in subsection (2) above.

• (8) References in this section to the water resources functions of the appropriate agency are references to the functions of the appropriate agency under Part II of this Act or under any provisions not contained in that Part which are related water resources provisions in relation to Chapter II of that Part.

Accounts of the Authority

121

Audit

122

chapter II — REVENUE PROVISIONS

Water resources charges

Power to make scheme imposing water resources charges

123

Approval of scheme under section 123

124

Specific exemptions from water resources charges

125

• (1) No charges, other than those for the purpose of recovering administrative expenses attributable to the exercise by the appropriate agency of its functions in relation to the application for the licence, shall be levied in respect of water authorised by a licence to be abstracted for use in the production of electricity or any other form of power by any generating station or apparatus of a capacity of not more than five megawatts.

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Agreements containing exemptions from charges

126

• (1) The appropriate agency may, on the application of any person who is liable to pay charges to the appropriate agency for the abstraction of water under a licence under Chapter II of Part II of this Act, make an agreement with him either exempting him from the payment of charges or providing for charges to be levied on him at reduced rates specified in the agreement.

• (2) In the exercise of its powers under subsection (1) above in relation to any person, the appropriate agency shall have regard to—

• (a) the extent to which any works constructed at any time by that person or any works to be constructed by him have made, or will make, a beneficial contribution towards the fulfilment of the purposes of the functions of the appropriate agency under any enactment;

• (b) any financial assistance which that person has rendered, or has agreed to render, towards the carrying out of works by the appropriate agency in the performance of those functions; and

• (c) any other material considerations.

• (3) The Secretary of State may give directions as to the exercise by the appropriate agency of its powers under subsection (1) above.

• (4) Without prejudice to the exercise of the power conferred by subsection (3) above, if on any application under this section—

• (a) the appropriate agency refuses to make an agreement with the applicant as mentioned in subsection (1) above; or

• (b) the applicant objects to the terms of such an agreement as proposed by the appropriate agency and that objection is not withdrawn,

the applicant or the appropriate agency may refer the question in dispute to the Secretary of State.

• (5) On a reference under subsection (4) above—

• (a) the Secretary of State shall determine the question in dispute, having regard to the matters to which, in accordance with subsection (2) above, the appropriate agency was required to have regard in relation to the applicant; and

• (b) may give directions to the appropriate agency requiring it to make an agreement with the applicant in accordance with his decision.

• (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (7) Any decision of the Secretary of State on a reference under subsection (4) above shall be final; and section 69 above shall apply in relation to the decision on a reference under this section as it applies in relation to a decision on a reference such as is mentioned in subsection (1)(b) of that section, but as if references to the other party were references to the applicant.

Special charges in respect of spray irrigation

127

• (1) Where a person (“the applicant”) is for the time being the holder of a licence under Chapter II of Part II of this Act to abstract water (“the applicant’s licence"), and in accordance with the provisions of that licence—

• (a) the water is to be used on land of which the applicant is the occupier; and

• (b) the purposes for which water abstracted in pursuance of the licence is to be used consist of or include spray irrigation,

the applicant may apply to the appropriate agency to make an agreement with him under this section and, subject to the following provisions of this section and sections 128 and 129 below, the appropriate agency may make such an agreement accordingly.

• (2) During any period for which an agreement under this section is in force, the following charges shall be payable by the applicant to the appropriate agency in respect of the applicant’s licence, in so far as it relates to water authorised to be abstracted and used on the relevant land, that is to say—

• (a) basic charges calculated, in accordance with the agreement, by reference to the quantity of water authorised to be so abstracted and used from time to time in pursuance of the licence; and

• (b) supplementary charges calculated, in accordance with the agreement, by reference to the quantity of water which is measured or assessed as being abstracted from time to time by or on behalf of the applicant from the source of supply to which the applicant’s licence relates for use on the relevant land.

• (3) In determining—

• (a) whether to make an agreement with the applicant under this section; and

• (b) the charges to be leviable under such an agreement,

the appropriate agency shall have regard to the extent to which, in any year within the period proposed to be specified in the agreement as the period for which it is made, the quantity of water referred to in paragraph (a) of subsection (2) above is likely to exceed the quantity referred to in paragraph (b) of that subsection.

• (4) Where the applicant’s licence authorises water abstracted in pursuance of the licence to be used on the relevant land for purposes which include spray irrigation and other purposes—

• (a) any agreement made under this section shall provide for apportioning, as between those purposes respectively, the quantity referred to in paragraph (a) of subsection (2) above and the quantity referred to in paragraph (b) of that subsection;

• (b) subsection (2) above shall have effect as if in each of those paragraphs the reference to the quantity of water mentioned in that paragraph were a reference to so much of that quantity as in accordance with the agreement is apportioned to the purpose of spray irrigation; and

• (c) in subsection (3) above any reference to either of those paragraphs shall be construed as a reference to that paragraph as modified by paragraph (b) of this subsection.

• (5) An application under subsection (1) above may be made by a person who has applied for, but is not yet the holder of, a licence under Chapter II of Part II of this Act to abstract water; and, in relation to an application so made or to an agreement made on such an application—

• (a) the reference in that subsection to the provisions of the applicant’s licence shall be construed as a reference to the proposals contained in the application for a licence; and

• (b) any other reference in this section or in section 128 or 129 below to the applicant’s licence shall be construed as a reference to any licence granted to the applicant in pursuance of the application mentioned in paragraph (a) above or in pursuance of an appeal consequential upon the application so mentioned.

• (6) In this section and sections 128 and 129 below—

• “the applicant” and “the applicant’s licence” shall be construed, subject to subsection (5) above, in accordance with subsection (1) above;

• “the relevant land” means the land on which the applicant’s licence, as for the time being in force, authorises water abstracted in pursuance of the licence to be used for purposes which consist of or include spray irrigation; and

• “year” means a period of twelve months beginning—

• (a) with the date on which an agreement under this section comes into force or is proposed to come into force; or

• (b) with an anniversary of that date.

Duration of agreement under section 127

128

• (1) The period specified in an agreement under section 127 above as the period for which it is made shall not be less than five years.

• (2) An agreement under section 127 above shall remain in force until the occurrence of whichever of the following events first occurs, that is to say—

• (a) the period specified in the agreement, as mentioned in subsection (1) above, comes to an end;

• (b) the applicant’s licence expires or is revoked;

• (c) the applicant ceases to be the occupier of the relevant land or, if he has previously ceased to be the occupier of a part or parts of that land, ceases to be the occupier of the remainder of it;

• (d) the agreement is terminated under subsection (4) below.

• (3) At any time while an agreement under section 127 above is in force, the applicant may apply to the appropriate agency to terminate the agreement.

• (4) If, on an application for the termination of an agreement under section 127 above, the appropriate agency is satisfied that, by reason of any change of circumstances since the agreement was made, it ought to be terminated, it may terminate the agreement, either unconditionally or subject to such conditions (whether as to any payment to be made by the applicant or otherwise) as the appropriate agency and the applicant may agree.

Directions and appeals with respect to exercise of powers under sections 127 and 128

129

• (1) The Secretary of State may give directions as to the exercise by the appropriate agency of its powers under sections 127 and 128 above.

• (2) Without prejudice to the exercise of the power conferred by subsection (1) above, if on any application under section 127 or 128 above—

• (a) the appropriate agency refuses to make or terminate an agreement under section 127 above; or

• (b) the applicant objects to the proposals of the appropriate agency —

• (i) as to the terms of such an agreement; or

• (ii) as to the conditions subject to which such an agreement is to be terminated,

and that objection is not withdrawn,

the applicant or the appropriate agency may refer the question in dispute to the Secretary of State.

• (3) On a reference under subsection (2) above—

• (a) the Secretary of State shall determine the question in dispute, having regard to the matters to which, in accordance with subsection (3) of section 127 above, the appropriate agency would be required to have regard in relation to the applicant on an application under that section; and

• (b) may give directions to the appropriate agency requiring it to make an agreement with the applicant in accordance with his decision.

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (5) Any decision of the Secretary of State on a reference under subsection (2) above shall be final; and section 69 above shall apply in relation to the decision on a reference under this section as it applies in relation to a decision on a reference such as is mentioned in subsection (1)(b) of that section, but as if references to the other party were references to the applicant.

Charges in respect of abstraction from waters of British Waterways Board

130

• (1) Where Canal & River Trust are the holders of a licence under Chapter II of Part II of this Act authorising abstraction from any inland waters to which section 66 above applies, then, the charges which, apart from this subsection, would be payable in respect of that licence either—

• (a) shall be reduced to such extent, and as so reduced shall be payable subject to such conditions; or

• (b) shall not be payable,

as Canal & River Trust and the appropriate agency may agree or, in default of such agreement, the Secretary of State may determine.

• (2) Where—

• (a) a person other than Canal & River Trust is the holder of a licence under Chapter II of Part II of this Act authorising abstraction from any inland waters to which section 66 above applies; and

• (b) any charges in respect of that licence are payable,

the appropriate agency shall pay to Canal & River Trust such proportion of those charges, subject to such conditions, as Canal & River Trust and the appropriate agency may agree, or, in default of such agreement, the Secretary of State may determine.

Charges in connection with control of pollution

Power to make scheme of charges

131

Approval of scheme under section 131

132

Levies by the Agency on local authorities

Power to authorise the Authority to issue levies

133

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

General drainage charges

Raising of general drainage charges

134

• (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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Amount, assessment etc. of general drainage charge

135

• (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.

Determination of the relevant quotient

136

Special drainage charges

Special drainage charges in interests of agriculture

137

• (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.

Levying and amount of special drainage charge

138

• (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.

Revenue from internal drainage boards

Contributions from internal drainage boards

139

• (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.

Appeals in respect of resolutions under section 139

140

• (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.

Precepts for recovery of contributions from internal drainage boards

141

• (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.

Fisheries contributions

Fisheries contributions

142

• (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.

Navigation tolls

Power of Authority to levy navigation tolls

143

• (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