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

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.

(1)

1930 (c.51). This Act was repealed with savings by the Reservoirs Act 1975, sections 23 and 28.

(2)

Section 4 was amended in relation to England and Wales by section 33 of, and paragraph 9 of Schedule 4 to, the Flood and Water Management Act 2010 (c.29).