HC Deb 29 October 1981 vol 10 cc1022-3

'—(1) For subsection (1) of section 22 of the Water Act 1973 (duties with respect to nature conservation and amenity) there shall be substituted the following subsection— "(1) In formulating or considering any proposals relating to the discharge of any of the functions of water authorities, those authorities and the appropriate Minister or Ministers—

  1. (a) shall, so far as may be consistent with the purposes of this Act and of the Land Drainage Act 1976, so exercise their functions with respect to the proposals as to further the conservation and enhancement of natural beauty and the conservation of flora, fauna and geological or physiographical features of special interest;
  2. (b) shall have regard to the desirability of protecting buildings or other objects of archaeological, architectural or historic interest; and
  3. (c) shall take into account any effect which the proposals would have on the beauty of, or amenity in, any rural or urban area or on any such flora, fauna, features, buildings or objects."
  1. (2) In subsection (3) of that section the words "not being land managed as a nature reserve" shall be, omitted.
  2. (3) After that subsection there shall be inserted the following subsections—
  3. "(4) Where any land has been notified to a water authority under subsection (3) above, the authority shall consult with the Council before executing or carrying out any works or operations appearing to them to be likely to destroy or damage any of the flora, fauna, or geological or physiographical features by reason or which the land is of special interest.
  4. (5) Subsection (4) above shall not apply in relation to any emergency operation particulars of which (including details of the emergency) are notified to the Council as soon as practicable after the commencement of the operation.
  5. (6) References in this section to water authorities shall include references to internal drainage boards and the reference in subsection (3) above to the water authority in whose area the land is situated shall include a reference to the internal drainage board in whose district the land is situated." '.
but propose the following Amendment thereto: No. 17, in subsection (2), line 1, after "land" insert "for the time being

Mr. Macfarlane: *I beg to move, That this House doth agree with the Lords in the said amendment.**

Mr. Deputy Speaker: *With this it will be convenient to discuss Lords amendment No. 18.**

Mr. Macfarlane: *The Lords amendments correct an error in the clause concerning the duties of water authorities. Section 22(3) of the Water Act refers to land "not being land for the time being managed as a nature reserve." The amendments ensure that the entire expression is deleted, not just the words which appeared in the new clause about water authorities, which would have left section 22(3) of the Water Act in a nonsensical state.**

*I hope that that clarifies the matter for the House.**

5.30 pm

Mr. Graham: *I shall not detain the House for long. I agree that this is a technical amendment. However, it provides us with the opportunity to reinforce the significance of the changes that were made to strengthen the intentions of the Bill.**

*Subsection (1)(a) says that those concerned shall exercise their functions with respect to the proposals as to further the conservation and enhancement", and so on. The words "to further" are stronger than those used in paragragh (b), "shall have regard to" and also those in paragraph (c), "shall take into account".**

*We are grateful that this requirement is to be an obligation on the water and drainage authorities. They will have a duty, not merely to have regard to and wring their hands and say "What a pity; we do not have the money or the time", but to further the interests of conservation and preservation. Labour Members are happy that this requirement has become part of the Bill.**

Question put and agreed to.
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