Water Resources Act 1991
Part I PRELIMINARY
CHAPTER I THE NATIONAL RIVERS AUTHORITY
1 The National Rivers Authority.
2 The Authority’s functions.
3 Incidental functions of the Authority.
4 Incidental general powers of the Authority.
5 Ministerial directions to the Authority.
CHAPTER II COMMITTEES WITH FUNCTIONS IN RELATION TO THE AUTHORITY
Advisory committees
6 The advisory committee for Wales.
7 Regional rivers advisory committees.
8 Regional and local fisheries advisory committees.
Flood defence committees
9 Continuance of regional flood defence committees.
10 Composition of regional flood defence committees.
11 Change of composition of regional flood defence committee.
12 Local flood defence schemes and local flood defence committees.
13 Composition of local flood defence committees.
14 Membership and proceedings of flood defence committees.
CHAPTER III GENERAL DUTIES
15 General duties with respect to the water industry.
16 General environmental and recreational duties.
17 Environmental duties with respect to sites of special interest.
18 Codes of practice with respect to environmental and recreational duties.
Part II Water Resources Management
CHAPTER I General Management Functions
19 General management of resources by the Agency.
20 Water resources management schemes.
20AWater resources management schemes: other abstractors
20BWater resources management schemes: referral to Secretary of State
20CProposals for bulk supply arrangements
21 Minimum acceptable flows.
22 Directions to the appropriate agency to consider minimum acceptable flow.
23 Minimum acceptable level or volume of inland waters.
Chapter II ABSTRACTION AND IMPOUNDING
Restrictions on abstraction and impounding
24 Restrictions on abstraction.
24AAbstraction licences
25 Restrictions on impounding.
25AEnforcement notices
25BRights of entry and appeals
25CConsequences of not complying with an enforcement notice
Rights to abstract or impound
26 Rights of navigation, harbour and conservancy authorities.
27 Rights to abstract small quantities.
27AVariation of small quantity threshold
28 Curtailment of rights under section 27.
29 Rights to abstract for drainage purposes etc.
30 Notices with respect to borings not requiring licences.
31 Appeals against conservation notices under section 30.
32 Miscellaneous rights to abstract.
33 Power to provide for further rights to abstract.
33APower to provide for further exemptions
Applications for a licence
34 Regulations with respect to applications.
35 Restrictions on persons who may make applications for abstraction licences.
36 Application for combined abstraction and impounding licence.
36AApplications: types of abstraction licence
37 Publication of application for licence.
37APower to dispense with publication requirements
Consideration of licence applications
38 General consideration of applications.
39 Obligation to have regard to existing rights and privileges.
39AProtected rights for the purposes of this Chapter
39BRegister of certain protected rights
40 Obligation to take river flow etc. into account.
Call-in of applications
41 Secretary of State’s power to call in applications
42 Consideration of called-in applications.
Appeals with respect to decisions on licence applications
43 Appeals to the Secretary of State.
44 Determination of appeals.
45 Regulations with respect to appeals.
Form, contents and effect of licences
46 Form and contents of licences.
46ALimited extension of abstraction licence validity
47 Holders of licence.
48 General effect of licence.
48ACivil remedies for loss or damage due to water abstraction
Succession to licences
49 Succession to licences to abstract where person ceases to occupy the relevant land.
50 Succession where person becomes occupier of part of the relevant land.
Modification of licences
51 Modification on application of licence holder.
52 Proposals for modification at instance of the appropriate agency or Secretary of State.
53 Modification in pursuance of proposals under section 52.
54 Reference of modification proposals to the Secretary of State.
55 Application for modification of licence by owner of fishing rights.
56 Determination of application under section 55.
57 Emergency variation of licences for spray irrigation purposes.
58
59 Regulations with respect to modification applications.
Transfer and apportionment of licences
59ATransfer of licence
59BVesting of licence on death or bankruptcy of holder
59CApportionment of licence to abstract
59DApportionment of licence to abstract: supplementary
Remedies and compensation in respect of infringement of protected rights etc.
60 Liability of the appropriate agency for derogation from protected right.
61 Compensation where licence modified on direction of the Secretary of State.
61ZANo compensation where modification to protect environment: England
61ZBNo compensation where variation to remove excess headroom: England
61ARecovery of compensation from new licence-holder
62 Compensation for owner of fishing rights applying under section 55.
63 Secretary of State to indemnify appropriate agency in certain cases.
Supplemental provisions of Chapter II
64 Abstracting and impounding by the appropriate agency.
65 Licences of right.
66 Inland waters owned or managed by Canal & River Trust.
67 Ecclesiastical property.
68
69 Validity of decisions of Secretary of State and related proceedings.
70 Civil liability under Chapter II.
71 Modification of local enactments.
72 Interpretation of Chapter II.
chapter III DROUGHT
73 Power to make ordinary and emergency drought orders.
74 Provisions and duration of ordinary drought order.
75 Provisions and duration of emergency drought order.
76 Provisions of drought order restricting use of water.
77 Provisions of drought order with respect to abstractions and discharges.
78 Works under drought orders.
79 Compensation and charges where drought order made.
79A Drought permits.
80 Offences against drought order.
81 Interpretation of Chapter III.
Part III Control of Pollution of Water Resources
chapter I QUALITY OBJECTIVES
82 Classification of quality of waters.
83 Water quality objectives.
84 General duties to achieve and maintain objectives etc.
CHAPTER II POLLUTION OFFENCES
Principal offences
85 Offences of polluting controlled waters.
86 Prohibition of certain discharges by notice or regulations.
87 Discharges into and from public sewers etc.
88 Defence to principal offences in respect of authorised discharges.
89 Other defences to principal offences.
Offences in connection with deposits and vegetation in rivers
90 Offences in connection with deposits and vegetation in rivers.
Consents for the purposes of sections 88 to 90
90A Applications for consent under section 89 or 90.
90B Enforcement notices.
Appeals in respect of consents under Chapter II
91 Appeals in respect of consents under Chapter II.
Chapter IIA Abandoned Mines
91A Introductory.
91B Mine operators to give the appropriate agency six months’ notice of any proposed abandonment.
chapter iii POWERS TO PREVENT AND CONTROL POLLUTION
92 Requirements to take precautions against pollution.
93 Water protection zones.
94 Nitrate sensitive areas.
95 Agreements in nitrate sensitive areas.
96 Regulations with respect to consents required by virtue of section 93 or 94.
97 Codes of good agricultural practice.
chapter IV SUPPLEMENTAL PROVISIONS WITH RESPECT TO WATER POLLUTIONS
98 Radioactive substances.
99 Consents required by the Agency.
100 Civil liability in respect of pollution and savings.
101 Limitation for summary offences under Part III.
102Power to give effect to international obligations etc.
103 Transitional pollution provisions.
104 Meaning of “controlled waters" etc. in Part III.
Part IV FLOOD DEFENCE
General
105 General functions with respect to flood defence.
106 Obligation to carry out flood defence functions through committees.
Main river functions
107 Main river functions under the Land Drainage Act 1991.
108 Schemes for transfer to the appropriate agency of functions in relation to main river.
109 Structures in, over or under a main river.
110 Applications for consents and approvals under section 109.
Arrangements with certain authorities
111 Arrangements with navigation and conservancy authorities.
Supplemental
112 Flood defence regulations.
113 Interpretation of Part IV.
Part V GENERAL CONTROL OF FISHERIES
114 General fisheries duty of the Authority.
115 Fisheries orders.
116Power to give effect to international obligations etc.
Part VI FINANCIAL PROVISIONS IN RELATION TO THE APPROPRIATE AGENCY
chapter I GENERAL FINANCIAL PROVISIONS
117 General financial duties.
118 Special duties with respect to flood defence revenue.
119 Duties with respect to certain funds raised under local enactments.
120 Contributions between the appropriate agency and certain other authorities.
121 Accounts of the Authority.
122 Audit.
chapter II REVENUE PROVISIONS
Water resources charges
123 Power to make scheme imposing water resources charges.
124 Approval of scheme under section 123.
125 Specific exemptions from water resources charges.
126 Agreements containing exemptions from charges.
127 Special charges in respect of spray irrigation.
128 Duration of agreement under section 127.
129 Directions and appeals with respect to exercise of powers under sections 127 and 128.
130 Charges in respect of abstraction from waters of Canal & River Trust.
Charges in connection with control of pollution
131 Power to make scheme of charges.
132 Approval of scheme under section 131.
Levies by the Agency on local authorities
133 Power to authorise the Agency to issue levies.
General drainage charges
134 Raising of general drainage charges.
135 Amount, assessment etc. of general drainage charge.
136 Determination of the relevant quotient.
Special drainage charges
137 Special drainage charges in interests of agriculture.
138 Levying and amount of special drainage charge.
Revenue from internal drainage boards
139 Contributions from internal drainage boards.
140 Appeals in respect of resolutions under section 139.
141 Precepts for recovery of contributions from internal drainage boards.
Fisheries contributions
142 Fisheries contributions.
Navigation tolls
143 Power of appropriate agency to levy navigation tolls.
Incidental power of the Authority to impose charges
144 Incidental power of the Authority to impose charges.
Interpretation of Chapter II
145 Interpretation of Chapter II.
chapter III GRANTS AND LOANS
Grants to the Agency
146 Revenue grants.
147 Grants for drainage works.
148 Grants towards cost of flood warning systems.
149 Other grants in respect of exercise of powers under Part VII for drainage purposes.
150 Grants for national security purposes.
Borrowing by the Authority
151 Borrowing powers of the Authority.
152 Loans to the Authority.
153 Treasury guarantees of the Authority’s borrowing.
Part VII Land and Works Powers
chapter I POWERS OF THE APPROPRIATE AGENCY
Provisions in relation to land
154 Compulsory purchase etc.
155 Accretions of land resulting from drainage works.
156 Acquisition of land etc. for fisheries purposes.
157 Restriction on disposals of compulsorily acquired land.
Works agreements for water resources purposes
158 Works agreements for water resources purposes.
General pipe-laying powers
159 Powers to lay pipes in streets.
160 Power to lay pipes in other land.
Restoration and improvement works for controlled waters
161Anti-pollution works and operations
161ZAOther works and operations in respect of harm to controlled waters
161ZBWorks and operations for improving controlled waters
161ZCSections 161 to 161ZB: supplementary
161ANotices requiring persons to carry out works and operations
161AAWorks notices: form etc
161ABWorks notices: exceptions etc
161B Grant of, and compensation for, rights of entry etc.
161C Appeals against works notices.
161D Consequences of not complying with a works notice.
162 Other powers to deal with foul water and pollution.
Powers to discharge water
163 Discharges for works purposes.
164 Consents for certain discharges under section 163.
Flood defence and drainage works
165General powers to carry out works
166 Power to carry out works for purpose of providing flood warning system.
167 Power to dispose of spoil in connection with flood defence works.
167AConsultation in relation to works affecting flood and coastal erosion...
Compulsory works orders
168 Compulsory works orders.
CHAPTER II POWERS OF ENTRY
169 Powers of entry for enforcement purposes.
170 Power of entry for certain works purposes.
171 Power to carry out surveys and to search for water.
172 Powers of entry for other purposes.
173 Powers of entry: supplemental provisions.
174 Impersonation of persons exercising powers of entry.
chapter III PROVISIONS SUPPLEMENTAL TO LAND AND WORK POWERS
Vesting of pipes in the appropriate agency
175 Vesting of pipes in the appropriate agency.
Offence of interference with works etc.
176 Offence of interference with works etc.
Compensation etc. in respect of exercise of works powers
177 Compensation etc. in respect of exercise of works powers.
Protective provisions
178 Protection for particular undertakings.
179 Protective provisions in respect of flood defence works and watercourses etc.
180 Power of navigation authorities etc to divert the appropriate agency's watercourses.
181 Works in tidal lands etc.
182 Mineral rights.
183 Saving for planning controls etc.
184 Duties to make recreational facilities available when building reservoirs in Wales.
Savings in respect of existing drainage obligations
185 Savings in respect of existing drainage obligations.
Interpretation of Part VII
186 Interpretation of Part VII.
Part VIIIINFORMATION PROVISIONS
Annual report and publication of information
187 Annual report of the Authority.
188Duty of the Agency and NRBW to publish information
Registers etc. to be kept by the appropriate agency
189 Register of abstraction and impounding licences.
190 Pollution control register.
191 Register for the purposes of works discharges.
191A Exclusion from registers of information affecting national security.
191B Exclusion from registers of certain confidential information.
192 Maps of fresh-water limits.
Main river map for England
193The main river map for England
193AInspection and copies
193BReplacing the main river map for England
193CDeterminations as to main rivers
193DAppeals
193EGuidance
Main river map for Wales
194The main river map for Wales
194AInspection and copies
194BReplacing the main river map for Wales
194CDeterminations as to main rivers
194DAppeals
194EGuidance
195 Maps of waterworks.
Provision and acquisition of information etc.
196 Provision and acquisition of information
197 Provision of information about water flow etc.
198 Information about underground water.
199 Notice etc. of mining operations which may affect water conservation.
199AAppeals against conservation notices under section 199
200 Gauges and records kept by other persons.
201 Power to require information with respect to abstraction.
202 Information and assistance required in connection with the control of pollution.
203 Exchange of information with respect to pollution incidents etc.
Restriction on disclosure of information
204Restriction on disclosure of information.
205 Confidentiality of information relating to underground water etc.
Making of false statements etc.
206 Making of false statements etc.
Part IX MISCELLANEOUS AND SUPPLEMENTAL
Miscellaneous
207 Directions in the interests of national security etc.
208Civil liability of the Agency or NRBW for escapes of water etc
209 Evidence of samples and abstractions.
Byelaws
210 Byelaw-making powers of the appropriate agency.
211 Enforcement of byelaws.
212 Compensation in respect of certain fisheries byelaws.
Local inquiries
213 General powers to hold local inquiries.
214 Power to hold inquiries for flood defence purposes
215 Procedure at local inquiries.
Offences etc.
216 Enforcement: powers and duties.
217 Criminal liabilities of directors and other third parties.
Judicial disqualification
218 Judicial disqualification.
Powers to make regulations
219 Powers to make regulations.
Construction of Act
220 Provisions relating to service of documents.
221 General interpretation.
Other supplemental provisions
222Crown application.
223 Exemption for visiting forces.
224Application to the Isles of Scilly.
225 Short title, commencement and extent.
SCHEDULES
SCHEDULE 1
Membership
1(1) Subject to the following provisions of this paragraph, a...
Remuneration, pensions etc.
2(1) The Authority shall pay to its members such remuneration,...
Staff
3(1) The Authority may, with the approval of the Secretary...
Proceedings of Authority
4Subject to the following provisions of this Schedule and to...
Delegation of powers
5Subject to section 106 of this Act, anything authorised or...
Interests of members
6(1) A member who is in any way directly or...
Vacancies and defective appointments
7The validity of any proceedings of the Authority shall not...
Minutes
8(1) Minutes shall be kept of proceedings of the Authority,...
Application of seal and proof of instruments
9(1) The application of the seal of the Authority shall...
Documents served etc. by or on the Authority
10(1) Any document which the Authority is authorised or required...
Interpretation
11In this Schedule— “the appropriate Minister”, in relation to any...
SCHEDULE 2 ORDERS AND AGREEMENTS FOR TRANFER OF OF NAVIGATION, HARBOUR AND CONSERVANCY FUNCTIONS
Powers to transfer functions or property
1(1) The appropriate agency may at any time apply to...
Consultation with affected body
2(1) Before determining whether to make an order on an...
Public consultation
3(1) If the Ministers propose to make an order on...
Supplemental provisions of order
4(1) An order under this Schedule may contain such incidental,...
Objection to final order by affected bodies
5(1) After making an order under this Schedule, the Ministers,...
Public notice of order
6(1) After making an order under this Schedule, the Ministers...
Challenge of order
7(1) Subject to sub-paragraph (3) below, if any person aggrieved...
Effect of order or agreement
8(1) Where, by virtue of an order or agreement under...
Ministers’ expenses
9(1) The costs incurred by the Ministers in connection with...
Compensation for officers and staff
10(1) The Ministers shall by regulations make provision requiring the...
Power to amend local enactments
11(1) If it appears to the Ministers by whom an...
Interpretation
12(1) In this Schedule “local enactment” means—
SCHEDULE 3
Power to make order
1(1) The relevant Minister may by order made by statutory...
Consultation and notice of intention to make order
2(1) Before making an order under this Schedule, the relevant...
Objections to draft order and making of order
3(1) Before making an order under this Schedule, the relevant...
Procedure for making of order
4(1) Where the relevant Minister makes an order under this...
Notice after making of order
5(1) Subject to sub-paragraph (2) below, after making an order...
Questioning of order in courts
6(1) Subject to sub-paragraph (3) below, if any person desires...
SCHEDULE 4
Part I MEMBERSHIP OF FLOOD DEFENCE COMMITTEES
Terms of membership
1(1) Members of a flood defence committee (that is to...
Membership of constituent council as qualification for membership of committee
2(1) Members of a flood defence committee appointed by or...
Disqualification for membership of committee
3(1) Subject to the following provisions of this paragraph, a...
Vacation of office by disqualifying event
4(1) The office of a member of a flood defence...
Resignation of office by members of regional committee
5(1) The chairman of a regional flood defence committee may...
Resignation of office by members of local committee
6(1) The chairman of a local flood defence committee may...
Appointments to fill casual vacancies
7(1) Where, for any reason whatsoever, the office of a...
Eligibility of previous members for re-appointment
8Subject to the provisions of this Schedule, a member of...
Appointment of deputies
9(1) Subject to the following provisions of this paragraph, a...
Payments to past and present chairmen and to members
10(1) The Authority shall pay to any person who is...
Part II PROCEEDINGS OF FLOOD DEFENCE COMMITTEES
Appointment of sub-committees, joint sub-committees etc.
11(1) For the purpose of carrying out any functions in...
Delegation of functions to sub-committees etc.
12(1) Subject to section 106 of this Act and to...
Rules of procedure
13(1) A flood defence committee may, with the approval of...
Declarations of interest etc.
14(1) Subject to the following provisions of this paragraph, the...
Authentication of documents
15(1) Any notice or other document which a flood defence...
Proof and validity of proceedings
16(1) A minute of the proceedings of a meeting of...
SCHEDULE 5 PROCEDURE RELATING TO STATEMENTS ON MINIMUM ACCEPTABLE FLOW
Application of Schedule
1(1) This Schedule applies in the case of any draft...
Notice of proposed statement
2(1) Before submitting the draft statement to the Secretary of...
Duty to provide copy of draft statement
3The appropriate agency shall, at the request of any person,...
Approval of draft statement
4(1) The Secretary of State may approve the statement either...
Notice and inspection of approved statement
5(1) Where a statement is approved under this Schedule, whether...
SCHEDULE 6Orders relating to abstraction of small quantities and compulsory registration of protected rights
Notice of draft order
1(1) An application to the Secretary of State for an...
Duty to provide copy of draft order
2Where an application for an order is made, the appropriate...
Making of order
3(1) Where an application for an order is made, the...
Notice and inspection of final order
4(1) Where an order is made under section 27A(1) or...
SCHEDULE 7 LICENCES OF RIGHT
Applications for licences of right under paragraph 30 or 31 of Schedule 26 to the Water Act 1989
1(1) Paragraphs 30 and 31 of Schedule 26 to the...
Section 48 of this Act
2Subsection (2) of section 48 of this Act shall not...
Section 55 of this Act
3No application shall be made under section 55 of this...
Section 60 of this Act
4(1) Where the plaintiff in any action brought against the...
Section 61 of this Act
5(1) No compensation shall be payable under section 61 of...
Licences of right
6(1) In this Schedule references to a licence of right...
SCHEDULE 8 PROCEEDINGS ON APPLICATIONS FOR DROUGHT ORDERS
1(1) The applicant for a drought order shall—
Objections to and making of orders
2(1) If any objection is duly made with respect to...
Notice after making of order
3After a drought order has been made, the person on...
SCHEDULE 9 COMPENSATION IN RESPECT OF DROUGHT ORDERS
Compensation to be made in the case of all drought orders
1Where a drought order has been made, compensation in respect...
Compensation to be made in the case of ordinary orders only
2(1) This paragraph shall apply for determining the compensation to...
Claims for compensation: general
3(1) A claim for compensation under this Schedule shall be...
Claims for compensation under paragraph 2
4(1) A claim for compensation under paragraph 2 above may...
Schedule 10 Discharge consents
Application for consent
1 Discharge consents
Consultation in connection with applications
2 Discharge consents
Consideration and determination of applications
3 Discharge consents
4 Discharge consents
Reference to Secretary of State of certain applications for consent
5 Discharge consents
Consents without applications
6 Discharge consents
Revocation of consents and alteration and imposition of conditions
7 Discharge consents
Restriction on variation and revocation of consent and previous variation
8 Discharge consents
General review of consents
9 Discharge consents
Applications for variation
10 Discharge consents
Transfer of consents
11 Discharge consents
SCHEDULE 11 WATER PROTECTION ZONE ORDERS
Application for consent
1(1) Where the appropriate agency applies to the Secretary of...
Supply of copies of draft orders
2Where the appropriate agency has applied for an order under...
Modifications of proposals
3(1) On an application for an order under section 93...
Consideration of objections etc.
4Without prejudice to section 53 of the 1995 Act (inquiries...
SCHEDULE 12 NITRATE SENSITIVE AREA ORDERS
Part I APPLICATIONS BY THE AGENCY FOR DESIGNATIONS ORDERS
Orders made only on application
1 NITRATE SENSITIVE AREA ORDERS
Procedure for applications
2 NITRATE SENSITIVE AREA ORDERS
Part II ORDERS CONTAINING MANDATORY PROVISIONS
Publication of proposal for order containing mandatory provisions
3 NITRATE SENSITIVE AREA ORDERS
Supply of copies of proposed orders
4 NITRATE SENSITIVE AREA ORDERS
Modifications of proposals
5 NITRATE SENSITIVE AREA ORDERS
Consideration of objections et ceteralaetc.
6 NITRATE SENSITIVE AREA ORDERS
Consent of Treasury for payment provisions
7 NITRATE SENSITIVE AREA ORDERS
SCHEDULE 13 TRANSITIONAL WATER POLLUTION PROVISIONS
Transitional power to transfer power of determination with respect to water pollution matters to the Agency
1 TRANSITIONAL WATER POLLUTION PROVISIONS
Order under section 32(3) of the 1974 Act
2 TRANSITIONAL WATER POLLUTION PROVISIONS
Pre-1989 transitional provisions
3 TRANSITIONAL WATER POLLUTION PROVISIONS
Discharge consents on application of undertakers et ceteralaetc.
4 TRANSITIONAL WATER POLLUTION PROVISIONS
SCHEDULE 14 ORDERS TRANSFERRING MAIN RIVER FUNCTIONS TO THE APPROPRIATE AGENCY
Procedure on application for order
1As soon as any scheme under section 108 of this...
Order making procedure etc.
2(1) Before either of the Ministers makes an order under...
Determination of whether to make order
3(1) Before either of the Ministers makes an order under...
Notice of orders
4As soon as may be after an order under section...
Challenge to orders
5(1) If any person aggrieved by an order under section...
Power to make regulations for purposes of Schedule etc.
6The Ministers may make regulations in relation to—
SCHEDULE 15 SUPPLEMENTAL PROVISIONS WITH RESPECT TO DRAINAGE CHARGES
Raising of drainage charge
1(1) A drainage charge— (a) shall be raised by the...
Publication of drainage charge
2(1) A drainage charge shall not be valid unless notice...
Occupiers liable for drainage charge
3(1) Subject to paragraphs 4 and 5 below—
Cases where identity of occupiers in doubt
4(1) The appropriate agency may serve on the owner of...
Arrangements for owner of land to pay drainage charge
5(1) Subject to paragraph 6 below, the appropriate agency may...
Power of occupier to prevent arrangements under paragraph 5
6(1) The occupier of any chargeable land may, by notice...
Assessment of chargeable land to drainage charge
7(1) Where land is chargeable land during part only of...
Partial exemption of commercial woodlands
8(1) The sum payable by way of a drainage charge...
Returns with respect to land
9(1) The appropriate agency may serve on any person appearing...
Power to correct erroneous assessments etc.
10(1) The appropriate agency may, as respects any drainage charge...
Appeals against demands for drainage charges
11(1) If any person is aggrieved by—
Recovery of drainage charges
12(1) Arrears of any drainage charge may be recovered by...
Use of certain authorities as agents for assessment, collection etc. of drainage charges
13(1) The appropriate agency and any relevant authority may enter...
SCHEDULE 16 SCHEMES IMPOSING SPECIAL DRAINAGE CHARGES
Submission of scheme
1(1) Before submitting a special charges scheme to either of...
Confirmation of scheme
2(1) Subject to the following provisions of this Schedule the...
Notice of proposed order
3(1) Before either of the Ministers makes an order confirming...
Determination of whether to make order
4(1) Before either of the Ministers makes an order confirming...
Procedure and other matters after the making of an order
5(1) After either of the Ministers has made an order...
Orders subject to special parliamentary procedure
6(1) If— (a) no such memorial as is mentioned in...
Notice of unconfirmed orders
7As soon as may be after an unconfirmed order has...
Challenge to unconfirmed orders
8(1) If any person aggrieved by an unconfirmed order desires...
Power to make regulations for purposes of Schedule
9The Ministers may make regulations in relation to—
Interpretation
10(1) In this Schedule— “special charges scheme” means a scheme...
SCHEDULE 17 ORDERS WITH RESPECT TO NAVIGATION TOLLS
Orders to be made by statutory instrument
1The power to make an order under section 143 of...
Inquiries
2(1) The Secretary of State may hold inquiries for the...
Notice of order
3(1) After the Secretary of State has made an order...
Orders subject to special parliamentary procedure
4(1) If— (a) no such memorial as is mentioned in...
SCHEDULE 18MODIFICATION OF COMPENSATION PROVISION ETC IN RELATION TO THE CREATION OF NEW RIGHTS
Compensation enactments
1Subject to the following provisions of this Schedule, the enactments...
Adaptation of the Compulsory Purchase Act 1965
2(1) The Compulsory Purchase Act 1965 (in the following provisions...
Section 7 of the 1965 Act
3For section 7 of the 1965 Act (measure of compensation)...
Section 8 of the 1965 Act
4Section 8(1) of the Compulsory Purchase Act 1965 has effect...
Effect of deed poll
5The following provisions of the 1965 Act (being provisions stating...
Section 11 of the 1965 Act
6Section 11 of the 1965 Act (powers of entry) shall...
Section 20 of the 1965 Act
7Section 20 of the 1965 Act (protection for interests of...
Section 22 of the 1965 Act
8Section 22 of the 1965 Act (protection of acquiring authority’s...
SCHEDULE 19 ORDERS CONFERRING COMPULSORY WORKS POWERS
Applications for orders
1(1) Where the appropriate agency applies to either of the...
Supply of copies of draft orders
2Where the appropriate agency is applying for a compulsory works...
Powers on an application
3(1) On an application for a compulsory works order, the...
Consideration of objections etc.
4(1) If, where an application for a compulsory works order...
Notice after making of order
5(1) As soon as practicable after a compulsory works order...
Compulsory acquisition provisions
6(1) Without prejudice to the provisions of Schedule 23 to...
Compensation in certain cases of compulsory acquisition
7Where— (a) in connection with any engineering or building operations...
Compensation in respect of powers other than acquisition powers
8(1) If the value of any interest in any relevant...
Protection of public undertakings
9The provisions of section 179 and paragraphs 1, 2 and...
Interpretation
10In this Schedule— “bridleway” and “footpath” have the same meanings...
SCHEDULE 20 Supplemental Provisions with respect to Powers of Entry
Notice of entry
1(1) Without prejudice to any power exercisable by virtue of...
Warrant to exercise power
2(1) If it is shown to the satisfaction of a...
Manner of exercise of powers
3A person designated as the person who may exercise any...
Supplementary powers of person making entry etc.
4A person authorised to enter any premises or vessel by...
Duty to secure premises
5A person who enters any premises or vessel in the...
Compensation
6(1) Where any person exercises any power to which this...
Obstruction of person exercising power
7A person who intentionally obstructs another person acting in the...
Interpretation
8(1) In this Schedule— “relevant authority”, in relation to a...
SCHEDULE 21 CCOMPENSATION ETC. IN RESPECT OF CERTAIN WORKS POWER
Compensation in respect of street works powers
1(1) This paragraph applies, in relation to the appropriate agency,...
Compensation in respect of pipe-laying works on private land
2(1) If the value of any interest in any relevant...
Assessment of compensation under paragraph 2
3(1) Any question of disputed compensation under paragraph 2 above...
Compensation in respect of discharges for works purposes
4(1) It shall be the duty of the appropriate agency—...
Compensation in respect of flood defence and drainage works
5(1) Where injury is sustained by any person by reason...
SCHEDULE 22 PROCTECTION FOR PARTICULAR UNDERTAKINGS
General provisions protecting undertakings
1(1) Nothing in any of the provisions of this Act...
Protection for statutory powers and jurisdiction
2(1) Subject to sub-paragraph (2) below, nothing in—
Special protection for certain undertakings in respect of street works
3(1) Subject to the following provisions of this paragraph and...
Protection for railways in connection with carrying out of flood defence functions
4(1) Without prejudice to the preceding provisions of this Schedule,...
Protection for electronic communications networks
5Part 10 of Schedule 3A to the Communications Act 2003...
Interpretation
6In this Schedule “railway company” means the British Railways Board,...
SCHEDULE 23 MINERAL RIGHTS
Acquisition of mineral rights
1(1) This paragraph applies in each of the following cases,...
Notice required for the working of underlying mines
2(1) If the owner of any mines or minerals underlying...
Mining communications
3(1) If the working of any mines or minerals is...
Compensation relating to severance
4(1) Where mines or minerals underlying any part of the...
Powers of entry
5(1) Any person designated in writing for the purpose by...
No exemption for injury to mines and minerals
6Nothing in any provision of this Act or of any...
Interpretation
7(1) In this Schedule— “conveyance” has the same meaning as...
SCHEDULE 24 DISCLOSURE OF INFORMATION
Part I PERSONS IN RESPECT OF WHOSE FUNCTIONS DISCLOSURE MAY BE MADE
Part II ENACTMENTS ETC. IN RESPECT OF WHICH DISCLOSURE MAY BE MADE
SCHEDULE 25 BYELAW - MAKING POWERS OF THE APPROPRIATE AGENCY
Byelaws for regulating use of inland waters
1(1) Subject to the following provisions of this paragraph but...
Byelaws for regulating the use of navigable waters etc.
2(1) The appropriate agency shall have power to make such...
Byelaws for regulating the use of the appropriate agency's waterways etc.
3(1) The appropriate agency shall have power to make such...
Byelaws for controlling certain forms of pollution
4(1) The appropriate agency may by byelaws make such provision...
Byelaws for flood defence and drainage purposes
5(1) The appropriate agency may make such byelaws in relation...
Byelaws for purposes of fisheries functions
6(1) The appropriate agency shall have power, in relation to...
Fisheries byelaws for marine or aquatic environmental purposes
6A(1) Any power to make byelaws conferred by paragraph 6...
Restrictions on powers to make byelaws for fisheries purposes
7(1) The Agency shall not make any byelaws by virtue...
SCHEDULE 26 PROCEDURE RELATING TO BYELAWS MADE BY THE APPROPRIATE AGENCY
Confirmation of byelaws
1(1) No byelaw made by the appropriate agency shall have...
Confirmation with or without modifications
2(1) Subject to sub-paragraph (3) below, the relevant Minister, with...
Commencement of byelaw
3(1) The relevant Minister may fix the date on which...
Availability of confirmed byelaws
4(1) Every byelaw made by the appropriate agency and confirmed...
Revocation of byelaws
5If it appears to the relevant Minister that the revocation...
Proof of byelaws
6The production of a printed copy of a byelaw purporting...
Meaning of “the relevant Minister"
7In this Schedule “the relevant Minister”— (a) in relation to...
Schedule 27Emergency fisheries byelaws
Emergency fisheries byelaws
1(1) In this Schedule, “ emergency fisheries byelaw ” means...
Commencement
2An emergency fisheries byelaw comes into force—
Notification of the appropriate national authority
3The appropriate agency must, within 24 hours of making an...
Publication
4The appropriate agency must publish notice of the making of...
Amendment and revocation
5(1) If at any time the appropriate national authority is...
Expiry and extension
6(1) Subject to paragraph 7 below, an emergency fisheries byelaw...
7(1) The appropriate agency may, at any time before an...
Availability
8(1) Every emergency fisheries byelaw shall be printed and deposited...
Proof
9The production of a printed copy of an emergency fisheries...
“Appropriate national authority”
10In this Schedule “ appropriate national authority ” has the...
Table of Derivations
1Note: The following abbreviations are used in this Table:— 1945...
2Transfer of functions orders (“TFOs"), where applicable in relation to...
3General provisions contained in section 32 of the Magistrates’ Courts...

Water Resources Act 1991

1991 c. 57

An Act to consolidate enactments relating to the National Rivers Authority and the matters in relation to which it exercises functions, with amendments to give effect to recommendations of the Law Commission.

C1C2C3C4Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—C5C6C7C9C8C10C11

Annotations:
Commencement Information
I1

Act wholly in force at 1.12.1991 see s. 225(2).

Modifications etc. (not altering text)
C1

Act: definition applied (1.12.1991) by Water Industry Act 1991 (c. 56, SIF 130), s. 219(1)

C2

Act: definition applied (1.12.1991) by Land Drainage Act 1991 (c. 59, SIF 73:1), s. 72(1)

C3

Act applied (16.3.1992) by Avon Weir Act 1992 (c. v), s. 12(1)

Act excluded (28.7.1995) by 1995 c. 25, s. 7(6) (with ss. 115, 117); S.I. 1995/1983, art. 2

Act modified (1.4.1996) by 1995 c. 25, s. 14(2)(b) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

Act applied (18.12.1996) by 1996 c. 61, s. 2, Sch. 2 para. 9(8)(c)

Act amended (1.4.1996) by 1995 c. 25, s. 120, Sch. 22 para. 128 (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

C4

Act: transfer of certain functions (1.7.1999) by 1999/672, art. 2, Sch. 1

C7

Act: power to amend conferred (1.10.2010) by Flood and Water Management Act 2010 (c. 29), ss. 28, 49(3) (with s. 49(1)(6)); S.I. 2010/2169, art. 4, Sch.

C11

Act applied in part (Isles of Scilly) (with modifications) (E.W.) (27.3.2020 for specified purposes, otherwise 1.10.2021) by The Isles of Scilly (Application of Water Legislation) Order 2020 (S.I. 2020/214), art. 3