Textual Amendments
F1Words in Pt. 6 heading substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 274(e) (with Sch. 7)
(1)Subject to subsection (2) below, the [F2appropriate agency] may raise at an amount per hectare of chargeable land in [F3a 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 [F4Agency] shall not levy a general drainage charge in respect of [F5any flood risk management region] unless [F6the Regional Flood and Coastal Committee for that region] have recommended that such a charge should be raised.
F7(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F2Words in ss. 120-143 substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 276 (with Sch. 7)
F3Words in s. 134(1) substituted (14.7.2014) by Water Act 2014 (c. 21), s. 94(2)(r), Sch. 10 para. 6(2)
F4Word in s. 134(2) substituted (14.7.2017) by Environment (Wales) Act 2016 (anaw 3), s. 88(3)(c), Sch. 2 para. 20(3); S.I. 2017/714, art. 2
F5Words in s. 134(2) substituted (14.7.2014) by Water Act 2014 (c. 21), s. 94(2)(r), Sch. 10 para. 6(3)(a)
F6Words in s. 134(2) substituted (14.7.2014) by Water Act 2014 (c. 21), s. 94(2)(r), Sch. 10 para. 6(3)(b)
F7S. 134(3) repealed (14.7.2014) by Water Act 2014 (c. 21), s. 94(2)(r), Sch. 10 para. 6(4)
Modifications etc. (not altering text)
C1S. 134 restricted (1.12.1991) by Water Consolidation (Consequential Provisions) Act 1991 (c. 60, SIF 130), ss. 2(2), 4(2), Sch. 2 Pt. I para. 2(2)
(1)A general drainage charge raised by the [F2appropriate agency] for [F8a flood risk management region] for any year shall be at a uniform amount per hectare of chargeable land in [F9that region].
(2)The uniform amount referred to in subsection (1) above shall be ascertained, subject to subsection (3) below, by multiplying the relevant quotient F10. . . 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 F11. . .; and
(b)the aggregate amount which, if the chargeable land in [F12the 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 [F13one or more flood risk management regions] specified in the order;
and any such order applying to [F14more than one flood risk management region] may make different provision as respects the different [F15flood 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.
F16[(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.]
Textual Amendments
F2Words in ss. 120-143 substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 276 (with Sch. 7)
F8Words in s. 135(1) substituted (14.7.2014) by Water Act 2014 (c. 21), s. 94(2)(r), Sch. 10 para. 7(2)(a)
F9Words in s. 135(1) substituted (14.7.2014) by Water Act 2014 (c. 21), s. 94(2)(r), Sch. 10 para. 7(2)(b)
F10Words in s. 135(2) repealed (1.8.1992 subject to savings in S.I. 1992/1755, art. 2(2)) by Local Government Finance Act 1992 (c. 14), s. 117(1)(2), Sch. 13 para. 96(1), Sch. 14 (with s. 118(1)(2)(4)); S.I. 1992/1755, art. 2(1)
F11Words in s. 135(3)(a) repealed (1.8.1992 subject to savings in S.I. 1992/1755, art. 2(2)) by Local Government Finance Act 1992 (c. 14), s. 117(1)(2), Sch. 13 para. 96(2), Sch. 14 (with s. 118(1)(2)(4)); S.I. 1992/1755, art. 2(1)
F12Words in s. 135(3)(b) substituted (14.7.2014) by Water Act 2014 (c. 21), s. 94(2)(r), Sch. 10 para. 7(3)
F13Words in s. 135(4)(b) substituted (14.7.2014) by Water Act 2014 (c. 21), s. 94(2)(r), Sch. 10 para. 7(4)(a)
F14Words in s. 135(4) substituted (14.7.2014) by Water Act 2014 (c. 21), s. 94(2)(r), Sch. 10 para. 7(4)(b)(i)
F15Words in s. 135(4) substituted (14.7.2014) by Water Act 2014 (c. 21), s. 94(2)(r), Sch. 10 para. 7(4)(b)(ii)
F16S. 135(7) added (1.8.1992 subject to savings in S.I. 1992/1755, art. 2(2)) by Local Government Finance Act 1992 (c. 14), s. 117(1), Sch. 13 para. 96(3) (with s. 118(1)(2)(4)); S.I. 1992/1755, art. 2(1)
Modifications etc. (not altering text)
C2S. 135 restricted (1.12.1991) by Water Consolidation (Consequential Provisions) Act 1991 (c. 60, SIF 130), ss. 2(2), 4(2), Sch. 2 Pt. I para. 2(2).
Textual Amendments
F17S. 136 repealed (1.8.1992 subject to savings in S.I. 1992/1755, art. 2(2)) by Local Government Finance Act 1992 (c. 14), s. 117(1)(2), Sch. 13 para. 97, Sch.14 (with s. 118(1)(2)(4)); S.I. 1992/1755, art. 2(1)