Part VII E+W+S Land and Works Powers

Modifications etc. (not altering text)

C1 Pt. VII (ss. 154-186): Transfer of functions (1.4.1996) to the Agency by 1995 c. 25, s. 2(1)(a)(iv) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

chapter I E+W+S POWERS OF THE [F1 AGENCY]

Textual Amendments

F1 Word in Pt. VII Chapter I heading substituted (subject to the other provisions of the amending Act) (1.4.1996) by 1995 c. 25, s. 120, Sch. 22 para. 128 (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

[F2 Restoration and improvement works for controlled waters E+W

Textual Amendments

F2 Ss. 161-161AB substituted for s. 161 (22.12.2009) by Water Resources Act 1991 (Amendment) (England and Wales) Regulations 2009 (S.I. 2009/3104), regs. 1(c), 5 (with reg. 7)

161ZB. Works and operations for improving controlled waters E+W

(1)  This section applies where it appears to the Agency that—

(a) the condition of any hydromorphological quality element affecting any controlled waters is unsatisfactory; and

(b) it is possible to improve the hydromorphological quality element by carrying out works or operations.

(2) For the purposes of this section the condition of a hydromorphological quality element affecting the controlled waters is unsatisfactory if (whether by itself or in combination with other factors) if it is likely to prevent the waters from achieving the applicable environmental objectives.

(3) In this section “environmental objectives” and “hydromorphological quality element” have the same meaning as in the Water Framework Directive.

(4) The Agency shall be entitled to carry out works and operations for the purpose of improving the condition of the hydromorphological quality element in question with a view to achieving (or contributing to the achievement of) the applicable environmental objectives.

(5) The Agency shall be entitled to carry out investigations for the purpose of establishing why the condition of the hydromorphological quality element in question is unsatisfactory.

(6) Without prejudice to the power of the Agency to carry out those investigations, the powers conferred by subsection (4) shall only be exercisable if it appears to the Agency that it is unable to secure that the necessary works or operations are carried out by exercising its powers under section 161 or 161ZA or by serving a works notice on any responsible person.]

Modifications etc. (not altering text)

C2 Ss. 161-161D modified by S.I. 2010/675, Sch. 23 Pt. 8 para. 3 Table 9 (as substituted (1.10.2011) by The Environmental Permitting (England and Wales) (Amendment) Regulations 2011 (S.I. 2011/2043), reg. 1(b), Sch. 1)