The Water Act 2003 (Commencement No. 2) (Wales) Order 2004

Explanatory Note

(This note is not part of the Order)

This Order brings into force in Wales, on 11 November 2004, certain provisions of the Water Act 2003, namely sections 77, 78, 80, 81 and 86(2)(f) (and section 86(1) as it relates to that paragraph).

Sections 77, 78 and 80 amend the Reservoirs Act 1975(1) (“the 1975 Act”).

Section 77 inserts a new section 12A into the 1975 Act, enabling the Secretary of State (to be understood as the National Assembly for Wales in Wales) to require undertakers to prepare plans setting out the action they would take in the case of flooding from large raised reservoirs.

Section 78 inserts new sections 2(2A) and 12B into the 1975 Act, empowering the National Assembly, on the grounds of national security, to direct the Environment Agency not to include certain information in registers maintained under the 1975 Act ; not to consult persons on the preparation of plans referred to in section 12A of the 1975 Act; and not to publish such plans.

Section 80 inserts a new section 27A into the 1975 Act, which applies the provisions of the 1975 Act to the Crown.

Section 81 requires the National Assembly to take steps to encourage the conservation of water and enables it to make an Order requiring it to prepare reports on such steps.

Section 86 amends the Environmental Protection Act 1990(2) as it concerns contaminated land and the pollution of controlled waters. Section 86(2)(f) clarifies the definition of “controlled waters” in section 78A(9)(a) of that Act.

Section 101(1) and (2) partially commences Schedule 7 (minor and consequential amendments) and Schedule 9 (repeals and revocations).

(1)

1975 c. 23.

(2)

1990 c. 43.