Water Resources Act 1963

1. Introductory Text

2. PART I Functions of Ministers in relation to Water Resources

   1. 1. Functions of Ministers

   2. 2. Meaning of " water resources "

3. PART II River Authorities and Water Resources Board

   1. River authorities

      1. 3. Establishment of river authorities

      2. 4. General duty of river authorities in relation to water resources

      3. 5. Transfer to river authorities of functions of river boards

      4. 6. Constitution of river authorities

      5. 7. Local authority members of river authorities

      6. 8. Additional members of river authorities

      7. 9. Areas of river authorities for purposes of transferred functions

      8. 10. Alteration of river authority areas

      9. 11. Maps of river authority areas

   2. Water Resources Board

      1. 12. Establishment and principal functions of Water Resources Board

      2. 13. Constitution of Water Resources Board

4. PART III Assessment of Water Resources and Related Matters

   1. 14. Periodical surveys

   2. 15. Hydrometric schemes

   3. 16. Information obtained in pursuance of hydrometric schemes

   4. 17. Gauges and records kept by other persons

   5. 18. Investigation of water in underground strata

   6. 19. Minimum acceptable flows

   7. 20. Periodical review of minimum acceptable flows

   8. 21. Additional powers of Minister in relation to minimum acceptable flows

   9. 22. Measurement of level or volume instead of, or in addition to, flow

5. PART IV Control of Abstraction and Impounding of Water

   1. General provisions as to abstraction of water

      1. 23. General restrictions

      2. 24. Exceptions from general restrictions

      3. 25. Power to provide further exceptions

      4. 26. Protected rights to abstract water

      5. 27. Who may apply for a licence

      6. 28. Publication of application for licence

      7. 29. Determination by river authority of application for licence

      8. 30. Matters to be specified in licences

      9. 31. Effect of licence

      10. 32. Succession to licences to abstract water

   2. Licences of right

      1. 33. Entitlement to licence of right

      2. 34. Licences of right for statutory users

      3. 35. Licences of right for non-statutory users

   3. Control of impounding

      1. 36. General restriction on impounding works

      2. 37. Provisions as to licences under s. 36

   4. Minister's powers in relation to applications for licences

      1. 38. Reference of applications to Minister

      2. 39. Appeal against decision of river authority

      3. 40. Appeal in default of decision of river authority

      4. 41. Provisions supplementary, to ss. 38 to 40

   5. Revocation and variation of licences

      1. 42. Revocation or variation on application of holder of licence

      2. 43. Proposal by river authority to revoke or vary licence

      3. 44. Reference of proposals to Minister

      4. 45. Special provisions as to spray irrigation

      5. 46. Compensation for revocation or variation of licence

      6. 47. Application by owner of fishing rights for revocation or variation of licence

      7. 48. Revocation or variation of authorisation to impound under alternative statutory provision

   6. Enforcement of restrictions and protected rights

      1. 49. Penalties

      2. 50. Right of action against river authority

      3. 51. Minister may indemnify river authority in certain cases

   7. Supplementary provisions

      1. 52. Abstraction and impounding of water by river authorities

      2. 53. Register of applications and licences

      3. 54. General regulations relating to licences

      4. 55. Curtailment of certain protected rights

      5. 56. Transitional provisions for purposes of Part IV

6. PART V Charges for Licences to Abstract or Impound Water

   1. 57. Licence fees

   2. 58. Charging schemes

   3. 59. Supplementary provisions as to charging schemes

   4. 60. Exemptions from, and reduction of, charges

   5. 61. Revision of charging schemes

   6. 62. Charges pending commencement of charging schemes

   7. 63. Special charges in respect of spray irrigation

   8. 64. Enforcement of charges

7. PART VI Powers of River Authorities in relation to Land and Works

   1. 65. Powers to acquire land

   2. 66. Acquisition of new interests or rights over land

   3. 67. Compulsory powers for carrying out engineering or building operations

   4. 68. Special provisions for protection of water against pollution

   5. 69. General powers in relation to land and works

   6. 70. Powers to dispose of land

   7. 71. Supplementary provisions as to powers in relation to land and works

8. PART VII Additional Functions of River Authorities

   1. 72. Control of discharges into underground strata

   2. 73. Transitional exemption of discharges from control

   3. 74. Revocation or variation of consent under s. 72

   4. 75. Register of consents under s. 72

   5. 76. Emergency measures in case of pollution of waters

   6. 77. Special measures for securing proper use of water resources

   7. 78. Borings not requiring licences under Part IV

   8. 79. Byelaws for protection of water resources

   9. 80. Provision of recreational facilities at reservoirs and other inland waters

   10. 81. Agreements for facilitating performance of functions of river authorities

   11. 82. Future transfers of functions or property of other authorities and undertakings

9. PART VIII Financial Provisions

   1. 83. Water resources accounts of river authorities

   2. 84. Reserve funds of river authorities

   3. 85. Replacement funds of river authorities

   4. 86. Investment of moneys in reserve and replacement funds

   5. 87. Precepts by river authorities

   6. 88. General provisions as to finances of river authorities

   7. 89. Grants by Minister for works under hydrometric schemes

   8. 90. Contributions by Water Resources Board to river authorities

   9. 91. Contributions between river authorities and certain other authorities

   10. 92. Borrowing powers

   11. 93. Expenses of Water Resources Board and expenses and receipts of Ministers

10. PART IX Transfer of Undertakings of River Boards

    1. 94. General provisions for transfer of assets and liabilities

    2. 95. Supplementary provisions as to transfer of assets and liabilities

    3. 96. Pension rights

    4. 97. Supplementary provisions as to pension rights

    5. 98. Provisions where river authority area comprises two river board areas

    6. 99. Provision for winding up and dissolution of river boards

    7. 100. Saving for acts of river boards

11. PART X Miscellaneous and Supplementary Provisions

    1. 101. Preservation of amenity and public rights of access

    2. 102. Land of special natural interest

    3. 103. Protection of duty of statutory water undertakers to supply water for domestic and public purposes

    4. 104. Technical assistance by Water Resources Board to rive authorities

    5. 105. Power to restrict or extend spray irrigation provisions

    6. 106. Compensation of officers and servants

    7. 107. Powers to give directions

    8. 108. Default powers

    9. 109. Inquiries and hearings

    10. 110. Reports and accounts

    11. 111. Rights of entry and inspection

    12. 112. Supplementary provisions as to rights of entry and inspection

    13. 113. Power to take samples of effluents

    14. 114. Power to require information

    15. 115. Penalties for false information and falsification of meters

    16. 116. Provision for appeals and references to tribunal

    17. 117. Validity of decisions of Minister and proceedings relating thereto

    18. 118. Offences

    19. 119. Procedure relating to byelaws

    20. 120. Service of documents

    21. 121. Calculation of appropriate penny rate product

    22. 122. Rating of statutory water undertakers

    23. 123. Application of Act to Crown

    24. 124. Status of Water Resources Board and of river authorities

    25. 125. Provisions as to Thames, Lee and London areas

    26. 126. Provisions as to border rivers

    27. 127. Consultation with authorities in Scotland

    28. 128. Saving for orders under Water Act 1958

    29. 129. Temporary provision for restricting abstraction of water for spray irrigation

    30. 130. Provisions as to telegraphic lines

    31. 131. Inland waters owned or managed by British Waterways Board

    32. 132. Ecclesiastical property

    33. 133. Repeal, amendment and adaptation of local enactments

    34. 134. Regulations and orders

    35. 135. Interpretation

    36. 136. Amendments and repeals

    37. 137. Short title and extent

12. SCHEDULES

    1. SCHEDULE 1

       River Authorities

    2. SCHEDULE 2

       Seaward Boundaries of River Authority Areas

       1. 1. (1) Except as otherwise provided by this Schedule, the seaward...

       2. 2. (1) Subject to any order made under this Schedule, where...

       3. 3. Where the entrance to a dock is on the coast,...

       4. 4. Where paragraph 2 or paragraph 3 of this Schedule applies,...

       5. 5. (1) Without prejudice to the last preceding paragraph, the Minister...

       6. 6. Before making an order under this Schedule, the Minister shall...

       7. 7. (1) The places to be specified in a notice in...

       8. 8. A notice under paragraph 6 of this Schedule shall be...

       9. 9. If, before the end of the period of twenty-eight days...

       10. 10. Subject to the last preceding paragraph, the Minister may make...

       11. 11. Where an order is made under this Schedule, the Minister...

       12. 12. (1) The period referred to in sub-paragraph (b) of the...

       13. 13. (1) If any person desires to question the validity of...

       14. 14. Nothing in this Schedule or in any order made thereunder...

    3. SCHEDULE 3

       Adaptation of Statutory Provisions in Consequence of Transfer of Functions

       1. Introductory

          1. 1. The provisions of this Schedule shall have effect as from...

          2. 2. In this Schedule " the appropriate river authority ", in...

          3. 3. Where, by virtue of Schedule 3 to the River Boards...

       2. General adaptation of statutory provisions

          1. 4. Subject to the following provisions of this Schedule, all enactments,...

       3. Special provisions relating to land drainage

          1. 5. (1) The provisions of the Land Drainage Act 1930 specified...

          2. 6. (1) Section 4 of the Land Drainage Act 1930 shall...

          3. 7. Section 18 of the Agriculture (Miscellaneous War Provisions) Act 1940...

       4. Special provisions relating to fisheries

          1. 8. No order shall be made under Part IV of the...

          2. 9. (1) The provisions of the said Act of 1923 specified...

          3. 10. In section 64 (1) of the said Act of 1923,...

          4. 11. Section 81 of the said Act of 1923 shall, so...

    4. SCHEDULE 4

       Provisions as to River Authorities

       1. Corporate status of river authorities

          1. 1. A river authority shall be a body corporate with perpetual...

       2. Terms of office of members of river authorities

          1. 2. (1) This paragraph applies to the members of a river...

          2. 3. Any additional member of a river authority appointed by virtue...

       3. Vacation of office by members of river authorities

          1. 4. A member of a river authority may resign his office...

          2. 5. (1) A member of a river authority shall vacate his...

       4. Appointments to fill casual vacancies

          1. 6. (1) Where, for any reason whatsoever, the place of a...

          2. 7. A person appointed under the last preceding paragraph to fill...

       5. Disqualification for, and re-appointment to, membership of river authorities

          1. 8. (1) Subject to the following provisions of this paragraph, a...

          2. 9. Subject to the provisions of this Schedule, a vacating member...

       6. First meetings of river authorities

          1. 10. The first meeting of a river authority shall be held...

       7. Appointment of committees

          1. 11. (1) Every river authority shall appoint a finance committee for...

          2. 12. A river authority may concur with any one or more...

       8. Members of committees

          1. 13. (1) The number of members of a committee appointed under...

       9. Proceedings of river authorities and committees

          1. 14. The proceedings of a river authority, or of any committee...

          2. 15. (1) A river authority may make rules with respect to—...

          3. 16. (1) Any member of a river authority appointed by the...

          4. 17. (1) Subject to the following provisions of this paragraph, the...

          5. 18. (1) A minute of the proceedings of a meeting of...

       10. Authentication of documents

           1. 19. Any notice or other document which a river authority are...

       11. Officers and servants

           1. 20. A river authority shall appoint such officers and servants as...

           2. 21. (1) A person shall, so long as he is, and...

           3. 22. Section 119 of the Local Government Act 1933 (which provides...

           4. 23. Section 120 of the said Act of 1933 (which relates...

           5. 24. Section 123 of the said Act of 1933 (which requires...

       12. Remuneration and expenses

           1. 25. (1) The Ministers may, if they think fit, authorise a...

           2. 26. (1) A river authority may defray— (a) any reasonable expenses...

       13. Expenses and accounts of joint committees

           1. 27. (1) The expenses incurred by a joint committee appointed under...

       14. Arrangements for handling receipts and payments

           1. 28. Every river authority shall make safe and efficient arrangements for...

       15. Power to promote and oppose legislation

           1. 29. A river authority, or two or more river authorities acting...

       16. Appearance in legal proceedings

           1. 30. Section 277 of the Local Government Act 1933 (which relates...

       17. Contracts of river authorities

           1. 31. (1) A river authority may enter into contracts necessary for...

       18. Subscriptions to associations, and contributions for research

           1. 32. A river authority may pay reasonable subscriptions, whether annually or...

       19. Trustee Investments Act 1961

           1. 33. Any river authority which, apart from this paragraph, would not...

    5. SCHEDULE 5

       Orders Altering River Authority Areas

       1. 1. Before making an order under section 10 of this Act,...

       2. 2. The Ministers shall also, before making any such order, cause...

       3. 3. Before making any such order, the Ministers shall consider any...

       4. 4. (1) Where sub-paragraph (a) of paragraph 2 of this Schedule...

       5. 5. After making an order under section 10 of this Act...

       6. 6. (1) Subject to the next following sub-paragraph, if any person...

    6. SCHEDULE 6

       Water Resources Board

       1. 1. The Board shall be a body corporate with perpetual succession...

       2. 2. The quorum of the Board and the arrangements relating to...

       3. 3. The validity of any proceedings of the Board shall not...

       4. 4. The House of Commons Disqualification Act 1957 shall be amended...

       5. 5. (1) The Board may appoint officers and servants to such...

    7. SCHEDULE 7

       Procedure Relating to Statements of Minimum Acceptable Flows, and to certain Orders and Schemes

       1. PART I

          1. Preparation and approval of draft statements, orders and schemes

             1. 1. In this Part of this Schedule " draft statement" means...

             2. 2. Before submitting a draft statement to the Minister, the river...

             3. 3. A notice under the last preceding paragraph shall be published...

             4. 4. Not later than the date on which the notice is...

             5. 5. The river authority shall also publish a notice in the...

             6. 6. The river authority shall, at the request of any person,...

             7. 7. The Minister may approve the statement ether in the form...

             8. 8. If before the end of the period of twenty-eight days...

             9. 9. Where a statement is approved under this Schedule, whether in...

       2. PART II

          1. Proposals for amending statements

             1. 10. Paragraphs 2 to 6 of this Schedule shall have effect...

             2. 11. The Minister may amend the statement of minimum acceptable flows...

             3. 12. If before the end of the period of twenty-eight days...

             4. 13. Where a statement of minimum acceptable flows is amended under...

       3. PART III

          1. Procedure for purposes of section 21

             1. 14. The provisions of Part I of this Schedule, except paragraph...

             2. 15. (1) This paragraph applies to any proposals of the Minister...

       4. PART IV

          1. Joint action by Ministers in certain cases

             1. 16. For the purposes of this Part of this Schedule—

             2. 17. (1) In any case falling within any sub-paragraph of the...

    8. SCHEDULE 8

       Orders Authorising Execution of Works

       1. PART I

          1. General provisions

             1. 1. Where a river authority apply to the Minister for an...

             2. 2. Not later than the date on which the notice is...

             3. 3. The river authority shall also publish a notice in the...

             4. 4. The river authority shall, at the request of any person,...

             5. 5. The Minister may make the order ether in the terms...

             6. 6. If before the end of the period of twenty-eight days...

             7. 7. In respect of any compulsory powers conferred by the order,...

       2. PART II

          1. Orders conferring powers of compulsory acquisition

             1. 8. The persons on whom, under paragraph 2 of this Schedule,...

             2. 9. Where any objection received by the Minister under paragraph 6...

             3. 10. Notwithstanding anything in paragraph 5 of this Schedule, the order...

             4. 11. Part III of Schedule 1 to the Act of 1946...

             5. 12. (1) Subject to the following provisions of this paragraph, the...

             6. 13. (1) The provisions of this paragraph shall have effect with...

             7. 14. Where, in connection with the engineering or building operations to...

             8. 15. As soon as may be after the order has been...

             9. 16. (1) Subject to the provisions of sub-paragraph (5) of this...

             10. 17. In this Part of this Schedule "the Act of 1946...

    9. SCHEDULE 9

       Application of Provisions of Schedule 3 to Water Act 1945

       1. 1. The provisions of Schedule 3 to the Water Act 1945...

       2. 2. The said provisions, as so applying, shall be further modified,...

    10. SCHEDULE 10

        Orders transferring functions or property of other authorities and undertakings

        1. 1. Before determining whether to make an order on an application...

        2. 2. If the Ministers propose to make an order on the...

        3. 3. Before making any order on the application, the Ministers shall...

        4. 4. (1) After making such an order, the Ministers shall, if...

        5. 5. After making the order, the Ministers shall publish in the...

        6. 6. (1) Subject to the next following sub-paragraph, if any person...

        7. 7. The costs incurred by the Ministers in connection with the...

        8. 8. In relation to an application for, or the making of,...

    11. SCHEDULE 11

        Transitional Provisions Relating to Precepts and Borrowing Powers of River Authorities

        1. PART I

           1. Precepts

              1. 1. (1) Notwithstanding anything contained in section 3(4)(b) of this Act,...

              2. 2. Where by virtue of paragraph 1(2) of this Schedule the...

              3. 3. The provisions which may be included in an order under...

        2. PART II

           1. Borrowing powers

              1. 4. (1) The power of river authorities under section ,92(1) of...

    12. SCHEDULE 12

        Procedure Relating to Byelaws

        1. 1. (1) No byelaw made by a river authority shall have...

        2. 2. A river authority shall, at least one month before they...

        3. 3. For at least one month before an application is made...

        4. 4. (1) Subject to the following provisions of this paragraph, the...

        5. 5. The appropriate Minister or Ministers may fix the date on...

        6. 6. A copy of any byelaw confirmed under this Schedule shall...

        7. 7. If it appears to the appropriate Minister or Ministers that...

        8. 8. The production of a printed copy of a byelaw purporting...

    13. SCHEDULE 13

        Amendment of Enactments

        1. PART I Amendment having effect as from first Appointed Day

           1. The Local Government Superannuation Act 1937

              1. 1. In Schedule 1, at the end of Part I, there...

        2. PART II Amendments having effect as from second Appointed Day

           1. The Reservoirs (Safety Provisions) Act 1930

              1. 2. In section 10(1), at the end of the definition of...

           2. The Water Act 1945

              1. 3. In section 21, after the word "well" in each place...

              2. 4. In section 23, at the end of the proviso to...

           3. The Rivers (Prevention of Pollution) Act 1951

              1. 5. In section 11, in subsection (5), for the words from...

              2. 6. In Schedule 2, in paragraph 5, the following sub-paragraphs shall...

              3. 7. In Schedule 2, in paragraph 11(1), for the words from...

           4. The Town Development Act 1952

              1. 8. In section 23, in subsection (2), the following paragraph shall...

           5. The Protection of Birds Act 1954

              1. 9. In section 14 (1), in paragraph (c) of the definition...

           6. The Town and Country Planning Act 1959

              1. 10. In Schedule 4, in paragraph 10, for the words "...

           7. The Radioactive Substances Act 1960

              1. 11. In Schedule 1, at the end of Part I, there...

           8. The Land Drainage Act 1961

              1. 12. In section 3 (5), for the words "paragraph 3 of...

              2. 13. In section 40 (1), for the words " a drainage...

           9. The Rivers (Prevention of Pollution) Act 1961

              1. 14. In section 3, in subsection (3), for the words "...

              2. 15. In section 10 (2), for the words " section fifteen...

           10. The Trustee Investments Act 1961

               1. 16. In section 11, in paragraph (a) of subsection (4), after...

           11. The Sea Fish Industry Act 1962

               1. 17. In section 14, in subsection (1)(b), for the words "...

           12. The Pipe-lines Act 1962

               1. 18. In section 37, in subsection (4), for the words from...

        3. PART III Amendments having effect as from end of initial period

           1. The Water Act 1945

              1. 19. In section 14, in subsection (10), for the words "...

        4. PART IV Supplementary Provisions

           1. 20. Part I of this Schedule shall not have effect until...

           2. 21. Part II of this Schedule shall not have effect until...

           3. 22. Part III of this Schedule shall not have effect until...

           4. 23. The amendments of section 14 of the Water Act 1945...

    14. SCHEDULE 14

        Enactments Repealed

        1. PART I

           1. Enactments repealed as from second appointed day

        2. PART II

           1. Enactments repealed as from end of initial period