The Reservoirs Act 1975 (Exemptions, Appeals and Inspections) (Wales) Regulations 2016

EXPLANATORY NOTE

(This note is not part of the Regulations)

For the purposes of the Reservoirs Act 1975 (c.23) (“the 1975 Act”), these Regulations provide for—

(a) specified things not to be treated as large raised reservoirs (regulation 3);

(b) a right of appeal against designations of large raised reservoirs as high-risk reservoirs (regulation 4);

(c) a right of appeal against notices given by the Natural Resources Body for Wales either to appoint an engineer or to carry a recommendation of an engineer into effect (regulation 5); and

(d) the timings of inspections (regulation 9).

Section 2E of the 1975 Act requires the Welsh Ministers to provide a right of appeal against the designation of a large raised reservoir as a high-risk reservoir. Section 19A of the 1975 Act requires the Welsh Ministers to provide a right of appeal against a requirement to appoint an engineer and a requirement to carry a recommendation of an engineer into effect under various sections of the 1975 Act.

These Regulations confer jurisdiction on the Welsh Ministers to consider appeals made under these Regulations and make provision for the appeals process.

The Welsh Ministers’ Code of Practice on the carrying out of Regulatory Impact Assessments was considered in relation to these Regulations. As a result, a Regulatory Impact Assessment has been prepared as to the likely costs and benefits of complying with these Regulations. A copy can be obtained from the Flood and Coastal Erosion Risk Management Team of the Energy, Water and Flood Division, the Welsh Government, Crown Buildings, Cathays Park, Cardiff CF10 3NQ.