The Incidental Flooding and Coastal Erosion (Wales) Order 2011

Application of compulsory purchase provisions to section 38 of the 2010 Act

3.—(1) Subject to paragraphs (3) and (4), section 154 of the 1991 Act(1) applies for the purposes of section 38 of the 2010 Act as if the functions referred to in section 154(1) of the 1991 Act included functions under section 38 of the 2010 Act.

(2) Section 157 of the 1991 Act(2) applies for the purposes of section 38 of the 2010 Act as if—

(a) section 157(2)(b) were omitted;

(b) the reference in section 157(6)(a) to an order under section 168 were omitted; and

(c) section 157(6)(c) to (e) were omitted.

(3) An authorisation to the Environment Agency under section 154 of the 1991 Act as applied by paragraph (1) may be given only for the purposes of enabling the United Kingdom to comply with its obligations under—

(a) the Habitats Directive in relation to any steps and measures under Article 6 of that Directive or policies under Article 10 of that Directive;

(b) the Water Framework Directive in relation to any environmental objectives; or

(c) the Wild Birds Directive in relation to any steps and measures under Articles 2, 3 or 4 of that Directive.

(4) In this article—

(a) “environmental objectives” has the same meaning as in the Water Framework Directive;

(b) “the Habitats Directive” (“y Gyfarwyddeb Cynefinoedd”) means Council Directive 92/43/EEC on the conservation of natural habitats and of wild fauna and flora(3);

(c) “the Water Framework Directive” (“y Gyfarwyddeb Fframwaith Dŵr”) means Directive 2000/60/EC of the European Parliament and of the Council establishing a framework for Community action in the field of water policy(4); and

(d) “the Wild Birds Directive” (“ y Gyfarwyddeb Adar Gwyllt”) means Directive 2009/147/EC of the European Parliament and of the Council on the conservation of wild birds(5).

(1)

Section 154 was amended by the Environment Act 1995 (c. 25), section 120 and Schedule 22, paragraphs 128 and 157. The functions are conferred on the Ministers which is defined in section 222(1) of the Water Resources Act 1991 as the Secretary of State and the Minister. The relevant functions of the Secretary of State were transferred to the National Assembly for Wales by virtue of article 2 to, and Schedule 1 of the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672). Those functions are now exercisable by the Welsh Ministers by virtue of section 162 of, and paragraph 30 of Schedule 11 to the Government of Wales Act 2006 (c. 32).

(2)

Section 157 was amended by the Environment Act 1995, section 120 and Schedule 22, paragraphs 128 and 159. The functions are conferred on the Ministers which is defined in section 222(1) of the Water Resources Act 1991 as the Secretary of State and the Minister. The relevant functions of the Secretary of State were transferred to the National Assembly for Wales by virtue of article 2 to, and Schedule 1 of the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672). Those functions are now exercisable by the Welsh Ministers by virtue of section 162 of, and paragraph 30 of Schedule 11 to the Government of Wales Act 2006.

(3)

OJ No L 206, 22.7.1992, p.7, last amended by Council Directive 2006/105/EC (OJ No L 363, 20.12.2006, p.368).

(4)

OJ No L 327, 22.12.2000, p.1, last amended by Directive 2009/31/EC of the European Parliament and of the Council on the geological storage of carbon dioxide (OJ No L 140, 5.6.2009, p.114).

(5)

OJ No L 20, 26.1.2010, p.7.