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

EXPLANATORY NOTE

(This note is not part of the Regulations)

For the purposes of the Reservoirs Act 1975 (c.23) (“the 1975 Act”), these Regulations provide for—

(a) how to calculate capacity for the purposes of section A1 of the Reservoirs Act 1975 (regulation 3);

(b) the information about a large raised reservoir that must be registered (regulation 4); notification of changes to, and the keeping and inspection of, the Welsh register (regulations 5 and 6);

(c) the making and content of reports by the Natural Resources Body for Wales (“NRBW”) to the Welsh Ministers (regulation 7);

(d) the form of record to be kept for a high-risk reservoir and the information to be given in that record (regulation 8);

(e) the form of certificates of engineers (regulation 9); the form of reports of engineers (regulation 10); and the form of directions of engineers (regulation 11);

(f) the information to be provided by undertakers when intending to construct or bring back into use a large raised reservoir (regulation 12); and

(g) the making of reports by undertakers to the NRBW in relation to incidents relating to the uncontrolled release of water from a large raised reservoir where emergency measures are taken (regulation 13).

These Regulations also revoke the Reservoirs Act 1975 (Registers, Reports and Records) Regulations 1985 (S.I. 1985/177), the Reservoirs Act 1975 (Registers, Reports and Records) (Amendment) Regulations 1985 (S.I. 1985/548) and the Reservoirs Act 1975 (Certificates, Reports and Prescribed Information) Regulations 1986 (S.I. 1986/468) (regulation 15). Those Regulations are replaced by the provisions in regulations 4, 6, 8 to 10 and 12.

Section A1(4) of the 1975 Act requires regulations to be made about how to calculate capacity for the purpose of establishing whether a raised structure or area is large under section A1(3) of the 1975 Act. Regulation 3 makes this provision.

Under section 2(2) of the 1975 Act the NRBW is required to maintain a register containing prescribed information about large raised reservoirs. Regulation 4 prescribes the information about large raised reservoirs that the Welsh register is to contain.

Regulation 5 provides for notification by the undertaker to the NRBW of any changes or proposed changes to the information required to be held in the Welsh register. Regulation 6 requires that the Welsh register and copies of it be kept at the principal office of the NRBW and that the NRBW ensure that certain information required to be in the Welsh register is in it.

Regulation 7 specifies the timing of reports to be made by the NRBW to the Welsh Ministers under section 3(1) of the 1975 Act; the information to be given in those reports.

Regulation 8 prescribes the form in which a record under section 11(1) of the 1975 Act which an undertaker of a high-risk reservoir is required to keep and the matters, additional to those specified in section 11(1)(a) and (b) of the 1975 Act, about which undertakers of high-risk reservoirs have to keep a record of.

Regulations 9 to 11 prescribe, as provided by section 20(1) of the 1975 Act, the form of various certificates, directions and reports where the 1975 Act requires the giving of certificates or directions or the making of a report by a civil engineer engaged in work in connection with a large raised reservoir.

Regulation 12 prescribes the information which must be contained in a notice under section 21(1) of the 1975 Act which an undertaker, who intends to construct or bring back into use a large raised reservoir, is required to serve on the NRBW.

Regulation 13 prescribes the form of, and specifies the incidents in relation to which, a report under section 21B of the Act is to be made.

The Welsh Ministers’ Code of Practice on the carrying out of Regulatory Impact Assessments was considered in relation to these Regulations. As a result, a regulatory impact assessment has been prepared, as to the likely costs and benefits of complying with these Regulations. A copy can be obtained from the Energy, Water and Flood Division of the Welsh Government, Cathays Park, Cardiff, CF10 3NQ.