Water Resources Act 1991

2 The Authority’s functions. E+W+S

(1) The functions of the Authority are—

(a) its functions with respect to water resources by virtue of Part II of this Act;

(b) its functions with respect to water pollution by virtue of Part III of this Act;

(c) its functions with respect to flood defence and land drainage by virtue of Part IV of this Act and the M1 Land Drainage Act 1991 and the functions transferred to the Authority by virtue of section 136(8) of the M2 Water Act 1989 and paragraph 1(3) of Schedule 15 to that Act (transfer of land drainage functions under local statutory provisions and subordinate legislation);

(d) its functions with respect to fisheries by virtue of Part V of this Act, the M3 Diseases of Fish Act 1937, the M4 Sea Fisheries Regulation Act 1966, the M5 Salmon and Freshwater Fisheries Act 1975 and other enactments relating to fisheries;

(e) the functions as a navigation authority, harbour authority or conservancy authority which were transferred to the Authority by virtue of Chapter V of Part III of the Water Act 1989 or paragraph 23(3) of Schedule 13 to that Act or which are transferred to the Authority by any order or agreement under Schedule 2 to this Act; and

(f) the functions assigned to the Authority by any other enactment.

(2) Without prejudice to its duties under section 16 below, it shall be the duty of the Authority, to such extent as it considers desirable, generally to promote—

(a) the conservation and enhancement of the natural beauty and amenity of inland and coastal waters and of land associated with such waters;

(b) the conservation of flora and fauna which are dependent on an aquatic environment; and

(c) the use of such waters and land for recreational purposes;

and it shall be the duty of the Authority, in determining what steps to take in performance of the duty imposed by virtue of paragraph (c) above, to take into account the needs of persons who are chronically sick or disabled.

(3) It shall be the duty of the Authority to make arrangements for the carrying out of research and related activities (whether by the Authority or others) in respect of matters to which the functions of the Authority relate.

(4) The provisions of this Act relating to the functions of the Authority under Chapter II of Part II of this Act, and the related water resources provisions so far as they relate to other functions of the Authority, shall not apply to so much of any inland waters as—

(a) are part of the River Tweed;

(b) are part of the River Esk or River Sark at a point where either of the banks of the river is in Scotland; or

(c) are part of any tributary stream of the River Esk or the River Sark at a point where either of the banks of the tributary stream is in Scotland.

(5) The functions of the Authority specified in subsection (1)(c) above extend to the territorial sea adjacent to England and Wales in so far as—

(a) the area of any regional flood defence committee includes any area of that territorial sea; or

(b) section 165(2) or (3) below provides for the exercise of any power in the territorial sea.

(6) The area in respect of which the Authority shall carry out its functions relating to fisheries shall be the whole of England and Wales, together with—

(a) such part of the territorial sea adjacent to England and Wales as extends for six miles from the baselines from which the breadth of that sea is measured; and

(b) in the case of Part V of this Act, the M6 Diseases of Fish Act 1937 and the M7 Salmon and Freshwater Fisheries Act 1975, so much of the River Esk, with its banks and tributary streams up to their source, as is situated in Scotland,

but, in the case of Part V of this Act and those Acts, excluding the River Tweed.

(7) In this section—

• “miles” means international nautical miles of 1,852 metres; and

• “the River Tweed” means “the river" within the meaning of the M8 Tweed Fisheries Amendment Act 1859, as amended by byelaws.

Marginal Citations

M1 1991 c. 59.

M2 1989 c. 15.

M3 1937 c. 33.

M4 1966 c. 38.

M5 1975 c. 51.

M6 1937 c. 33.

M7 1975 c. 51.

M8 1859 c. lxx.