The Reservoirs Act 1975 (Capacity, Registration, Prescribed Forms, etc.) (Wales) Regulations 2016

Title, commencement and application

1.—(1) The title of these Regulations is the Reservoirs Act 1975 (Capacity, Registration, Prescribed Forms, etc.) (Wales) Regulations 2016.

(2) These Regulations come into force on 1 April 2016.

(3) These Regulations apply in relation to Wales.

Interpretation

2.—(1) In these Regulations—

“the 1930 Act” (“Deddf 1930”) means the Reservoirs (Safety Provisions) Act 1930(1);

“the 1975 Act” (“Deddf 1975”) means the Reservoirs Act 1975;

“the NRBW” (CANC”) means the Natural Resources Body for Wales;

“Welsh register” (cofrestr Cymru”) means the register required to be established and maintained by the NRBW under section 2(2) of the 1975 Act;

“lowest natural level of any part of the surrounding land” (“lefel naturiol isaf unrhyw ran o’r tir amgylchynol”) includes the lowest bed level of any watercourse;

“natural level” (lefel naturiol”) is the level of the natural land remaining after the construction or any alteration of a large raised reservoir;

“panel” (“panel”) means a panel of civil engineers constituted under section 4 of the 1975 Act(2);

“structure” (“adeiledd”) means a dam, reservoir wall or embankment that retains water;

“surrounding land” (“tir amgylchynol”) means the land contiguous to a large raised reservoir;

“toe” (“troed”) means the point on the downstream side of a structure forming part of the reservoir where its base meets the lowest natural level of any part of the surrounding land;

“top water level” (“lefel uchaf y dŵr”) means—

(a)

in the case of a reservoir with a fixed overflow sill, the lowest crest level of that sill;

(b)

in the case of a reservoir, the overflow from which is controlled wholly or partly by moveable gates, syphons or otherwise, the maximum level to which water may be stored exclusive of any provision for flood storage; or

(c)

in the case of a reservoir designed for the purposes of holding back floodwater, the maximum level to which floodwater may be stored during any flood event exclusive of any provision for overflow.

(2) In these Regulations—

(a) any information required or notification given must be in writing;

(b) a reference to any document or information includes that document or information in electronic form;

(c) any document or information communicated by electronic means is deemed—

(i) to have been sent where the sender can produce a copy of the electronic communication which—

(aa) contained the document or information;

(bb) shows the time and date the message was sent; and

(cc) shows that the document was sent to the recipient;

(ii) to have been sent by the person from whom it purports to originate; and

(iii) not to have been tampered with or otherwise modified;

(d) any requirement for a signature in a report, certificate or directions to which these Regulations apply may be satisfied by an electronic signature incorporated into the document;

(e) “electronic signature” (“llofnod electronig”) means data in electronic form which are attached to or logically associated with other electronic data and which serve as a method of authentication.

Calculation of capacity

3.—(1) For the purposes of section A1(3) of the 1975 Act capacity of a large raised reservoir is to be calculated by measuring the maximum volume of water in cubic metres capable of being stored—

(a) above the bed of the reservoir; and

(b) between the toe of the reservoir and its top water level.

(2) Water below the natural level of any part of the surrounding land is not to be included in the calculation.

(3) In this regulation “bed of the reservoir” (“gwely’r gronfa ddŵr”) includes any silt or other material that is judged by the engineer giving a final certificate, or giving a certificate under section 13(2) of the 1975 Act, to be incapable of flowing out of the reservoir over natural land in the event of an uncontrolled release of water from the reservoir.

Registration requirements

4.—(1) For the purpose of section 2(2C) of the 1975 Act, the information that is to be registered with the NRBW by an undertaker of a large raised reservoir is that prescribed in Schedule 1, paragraphs 1 to 7.

(2) The information prescribed in Schedule 1 must be registered—

(a) before the end of the period of 28 days beginning with the day of the issue of a final certificate given in accordance with section 7 of the 1975 Act(3) in relation to—

(i) the construction of a new reservoir;

(ii) the alteration of an existing structure or area that prior to its alteration was not a large raised reservoir; or

(iii) the alteration of an area of a reservoir that prior to its alteration was not a large raised reservoir;

(b) within 6 months of registration under section 2(2C) of the 1975 Act,

(c) whichever is the sooner.

Notification of changes to the Welsh register

5.—(1) Where there has been a change or addition to any of the information registered in accordance with regulation 4, the undertaker must provide the NRBW with the relevant up to date information within 28 days of the date of the change or addition.

(2) The NRBW may request confirmation from the undertaker that any or all of the information given by that undertaker for the purposes of the Welsh register is up to date or complete.

(3) Where paragraph (2) applies, without prejudice to paragraphs (4), (6) and (8), the undertaker must within 28 days beginning with the day on which the NRBW requests such confirmation—

(a) confirm that the relevant information is up to date or, where any of that information is not up to date, provide the up to date information; and

(b) where any of the information is not complete or is missing, provide the complete or missing information.

(4) Where an alteration so as to increase or decrease the capacity of a large raised reservoir is proposed to be carried out, the undertaker must notify the NRBW not less than 28 days before the commencement of alteration works.

(5) A notification referred to in paragraph (4) must contain the following information—

(a) the date of the proposed commencement of the alteration;

(b) a description of the nature and extent of the proposed work to the large raised reservoir.

(6) Where it is proposed that the use of a large raised reservoir be abandoned under section 14 of the 1975 Act(4), the undertaker must notify the NRBW not less than 28 days before any such proposed abandonment of use.

(7) A notification referred to in paragraph (6) must include the proposed commencement date of the abandonment of use.

(8) Where a construction, supervising or inspecting engineer is appointed for the purposes of the 1975 Act, the undertaker must notify NRBW of the date of the appointment within 28 days.

(9) The undertaker must notify the NRBW within 28 days of the date on which an engineer ceases to be—

(a) the construction engineer before that engineer has issued a final certificate;

(b) the inspecting or supervising engineer.

(10) An undertaker who intends to cease being an undertaker must notify the NRBW of—

(a) the date on which the undertaker intends to cease being the undertaker;

(b) the name and address of the person who is intended to be the new undertaker;

(c) the date on which that person is intended to become the new undertaker.

Keeping and inspection of the Welsh register

6.—(1) The Welsh register must be kept at the principal office of the NRBW(5).

(2) The NRBW must record the information prescribed in paragraphs 8 to 10 of Schedule 1 in the Welsh register.

Reports by the NRBW to the Welsh Ministers

7.—(1) For the purposes of section 3(1) of the 1975 Act, the NRBW is to report to the Welsh Ministers –

(a) in relation to the period 1 April 2016 to 31 March 2017 no later than 30 September 2017; and

(b) at two yearly intervals thereafter.

(2) The NRBW must submit the report to the Welsh Ministers no later than 6 months after the end of the period to which the report relates.

(3) The report must confirm—

(a) the number of large raised reservoirs that have been registered;

(b) the steps (if any) that the NRBW has taken to ensure the undertakers of a large raised reservoir have complied with the requirements of the 1975 Act; and

(c) if the NRBW is itself the undertaker for any large raised reservoir, a statement as to—

(i) the number of large raised reservoirs for which it is the undertaker; and

(ii) any steps it has taken to observe and comply with the requirements of the 1975 Act.

Records of water levels etc.

8.  To comply with section 11(1) of the 1975 Act, the undertaker of a high risk reservoir must

(a) keep a record in the form prescribed in Schedule 2; and

(b) record the matters prescribed in Schedule 3.

Form of certificates of engineers

9.  For the purposes of section 20(1) of the 1975 Act, the following certificates must be in the form prescribed in Schedule 4—

(a) a preliminary certificate given under section 7(1) of the 1975 Act;

(b) an interim certificate given under section 7(2) of the 1975 Act;

(c) a final certificate given under section 7(3) of the 1975 Act;

(d) a certificate of efficient execution of works given under section 7(6) or 8(7) of the 1975 Act(6);

(e) a certificate given under section 10(5) of the 1975 Act(7) as to the report of an inspecting engineer;

(f) a certificate given under section 10(6) of the 1975 Act as to the carrying into effect of safety recommendations;

(g) a certificate given under section 12AA(3) of the 1975 Act(8) as to the satisfaction of the requirements of a direction to prepare a flood plan;

(h) an interim certificate given under section 13(1A) of the 1975 Act;

(i) a certificate given under section 13(2) of the 1975 Act as to the completion and efficient execution of an alteration so as to discontinue a large raised reservoir;

(j) a certificate given under section 14(3) of the 1975 Act as to the report of an engineer;

(k) a certificate given under section 15(2) of the 1975 Act(9) as to the carrying into effect of safety recommendations; or

(l) a referee’s certificate given under section 19(4) of the 1975 Act(10).

Form of reports of engineers

10.  For the purposes of section 20(1) of the 1975 Act, the following reports must be in the form prescribed in Schedule 5—

(a) a report under section 8(2) of the 1975 Act of an engineer made on the construction or alteration of a large raised reservoir;

(b) a report under section 9(1) of the 1975 Act of an engineer made before the re-use of an abandoned large raised reservoir;

(c) a report under section 10(1) of the 1975 Act made following an engineer’s inspection of a high-risk reservoir;

(d) a report under section 14(1) of the 1975 Act of an engineer as to measures that ought to be taken on abandonment of a large raised reservoir.

Forms of directions of engineers

11.  For the purposes of section 20(1) of the 1975 Act, the following directions must be in the form prescribed in Schedule 6—

(a) a direction made under section 11(2) of the 1975 Act (recording of water levels etc.);

(b) a direction made under section 12(6) of the 1975 Act(11) (supervision of reservoirs: visual inspection by undertaker);

(c) a direction made under section 12AA(4) of the 1975 Act (flood plans: testing);

(d) a direction made under section 12AA(7) of the 1975 Act (flood plans: revision); or

(e) a direction made under section 19(4A) of the 1975 Act (reference of disputed recommendations to a referee: direction to engineer to issue a certificate).

Prescribed information under section 21(1) of the 1975 Act to be provided by undertakers when intending to construct or bring back into use a large raised reservoir

12.  The information that is to be given in a notice served by an undertaker under section 21(1) of the 1975 Act on the NRBW is the information prescribed in Schedule 7.

Reports to the NRBW

13.—(1) This regulation applies in relation to any incident—

(a) which results, or could result, in the uncontrolled release of water from a large raised reservoir; and

(b) in respect of which emergency measures have been taken to prevent any or any further uncontrolled release of water and to minimise the danger to human life.

(2) Where this regulation applies, the undertaker must send to the NRBW—

(a) a preliminary report of the incident as soon as practicable after the commencement of the emergency measures; and

(b) a final report of the incident within one year beginning with the day after the day on which the emergency measures were commenced.

(3) The preliminary report must contain sufficient particulars to enable the NRBW to ascertain the date and time of the incident, the location of the reservoir and confirm the immediately observable facts.

(4) The final report of the incident referred to in paragraph (2)(b) must contain—

(a) the facts of the incident;

(b) analysis of its circumstances;

(c) conclusions that can be drawn from that analysis with reasons for the conclusions;

(d) confirmation of what steps are recommended to avoid a repeat of the incident.

(5) The NRBW may direct an undertaker to revise the final report but must —

(a) explain the reasons why each revision is necessary; and

(b) specify a period, not less than three months, within which the undertaker must make the revisions.

(6) Revisions to the final report are not be effective unless—

(a) the undertaker has sent a version of the report to the NRBW which incorporates the revisions notified by the NRBW, and

(b) the NRBW has accepted the revisions.

Revocations

14.  The following Regulations are revoked—

(a) the Reservoirs Act 1975 (Registers, Reports and Records) Regulations 1985(12);

(b) the Reservoirs Act 1975 (Registers, Reports and Records) (Amendment) Regulations 1985(13);

(c) the Reservoirs Act 1975 (Certificates, Reports and Prescribed Information) Regulations 1986(14).

Carl Sargeant,

Minister for Natural Resources, one of the Welsh Ministers

27 January 2016