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Welsh Statutory Instruments

2017 No. 1026 (W. 264)

Water, Wales

Water Resources, Wales

The Water Resources (Miscellaneous Revocations) (Wales) Order 2017

Made

24 October 2017

Laid before the National Assembly for Wales

31 October 2017

Coming into force

1 January 2018

The Welsh Ministers make the following Order in exercise of the powers conferred by section 10(1) of the Water Act 2003(1).

Title and commencement

1.  The title of this Order is the Water Resources (Miscellaneous Revocations) (Wales) Order 2017 and it comes into force on 1 January 2018.

Revocation of Orders

2.—(1) The Orders in Part 1 of the Schedule are revoked(2).

(2) The Orders in Part 2 of the Schedule are revoked in so far as they relate to inland waters or underground strata in Wales.

Lesley Griffiths

Cabinet Secretary for Environment and Rural Affairs, one of the Welsh Ministers

24 October 2017

Article 2

SCHEDULE

PART 1

PART 2

EXPLANATORY NOTE

(This note is not part of the Order)

This Order revokes Orders deemed to be made under section 33 of the Water Resources Act 1991 (c. 57). Those Orders provide exemptions from the restrictions on abstraction of water in section 24 of that Act.

A Regulatory Impact Assessment (“RIA”) was produced in connection with the Water Act 2003 (c. 37). This RIA sets out the impacts of removing exemptions from the restriction on abstraction to which this Order relates. A further impact assessment was produced in respect of new authorisations for water abstraction in June 2017. Copies of the RIA and the impact assessment can be obtained from Water Policy Branch, Water, Waste, Resource Efficiency and Flood Division, Welsh Government, Cathays Park, Cardiff, CF10 3NQ.

(1)

2003 c. 37. Section 10(3) provides that the Assembly is the appropriate authority in relation to the revocation of an Order which relates to inland waters or underground strata wholly in Wales, and in relation to the Welsh part of inland waters or underground strata partly in England and partly in Wales. Those functions were transferred to the Welsh Ministers by section 162 of, and paragraph 30 of Schedule 11 to, the Government of Wales Act 2006 (c. 32).

(2)

The Orders in the Schedule were made under section 25 of the Water Resources Act 1963 (c. 38) (“the 1963 Act”). This section was repealed by section 3(1) of, and Part 1 of Schedule 3 to, the Water Consolidation (Consequential Provisions) Act 1991 (c. 60) (“the 1991 Act”). Section 2(2) of, and paragraph 1 of Schedule 2 to, the 1991 Act provides that any subordinate legislation made under the 1963 Act is to have effect as if made under section 33 of the Water Resources Act 1991 (c. 57).