Controlled reservoirs: supplementary
5.—(1) A controlled reservoir includes any basin, spillway, valve, dam, pumping station, weir, sluice, pipe and other thing which is integral to the functioning or operation of the reservoir.
(2) The following structures or areas are not a controlled reservoir (and are not to be taken into account in relation to what is to be treated as a controlled reservoir for the purposes of section 2(2) or (3))—
(a)a canal or other inland waterway,
(b)an embanked watercourse,
(c)a road or railway embankment which is not integral to the functioning or operation of a controlled reservoir,
(d)a weir which does not serve a functional or operational purpose as regards a controlled reservoir,
(e)a structure or area of water which protects land from the sea,
(f)a pond within an extractive waste site or other waste facility,
(g)a sewage sludge lagoon or other waste water treatment lagoon,
(h)an ash, silt or sludge lagoon used for the purpose of a mine or power generation,
(i)a lagoon for the storage of chemical materials or their waste products,
(j)a slurry tank.
(3) The Department may by regulations make provision as to—
(a)what constitutes any of the structures or areas referred to in subsection (2),
(b)what other thing (if any) described in the regulations is not a controlled reservoir (and is not to be taken into account in relation to what is to be treated as a controlled reservoir for the purposes of section 2(2) or (3)).