§ Lords Amendment: No. 65, in page 25, line 41, at end insert:
§ (3A) In exercising their functions under subsection (1) or (3) above a water authority shall not obstruct or otherwise interfere with navigation which is subject to the control of a harbour or navigation authority without the consent of the harbour or navigation authority.
§ In this subsection "harbour authority" has the same meaning as in the Harbours Act 1964 and "navigation authority" has the same meaning as in the Water Resources Act 1963.
§ (3B) Where the Secretary of State makes an order under section 23 of the Water Act 1945 or section 67 of the Water Resources Act 1963 authorising a water authority to carry out works for or in connection with the construction or operation of a reservoir in England or conferring compulsory powers for that purpose on a water authority, and it appears to him that the works to be carried out may permanently affect the area in which they are situated and are not primarily intended to benefit the inhabitants of that area, he may include in the order provision with respect to facilities for recreation or other leisure-time occupation for the benefit of those inhabitants.
§ Mr. Eldon GriffithsI beg to move, That this House doth agree with the Lords in the said amendment.
The first half of the amendment, (3A), concerns navigation. The second half, (3B) covers a circumstance where a new regional water authority may wish to carry out works helpful to the community where it has provided a reservoir.
In the case of the new subsection (3A), the amendment fulfils the Government undertaking given in Committee that the new functions of the water authorities with regard to recreation do not give them any right to override the interests of navigation. I think that this will be welcome to hon. Gentlemen opposite as well as to my hon. Friends on the Government benches.
In the second half, the effect of subsection (3B) is to give the Secretary of State power, when making orders authorising a water authority to carry out works for the provision of a reservoir, 425 to include within that order provision of facilities for recreation and other leisure time employment for the people of that area, provided that he is satisfied that the reservoir or other works may permanently affect the area in which they are situated, and are not primarily for the benefit of the people of that area.
§ Mr. Nigel Spearing (Acton)I am sure that navigational interests will be grateful to the Government for this concession. However, it is only right for the record to point out that at this stage the only safeguard is in respect of navigation that is subject to the control of a harbour or navigation authority.
A great many of the fears—fears which are not entirely allayed due to the nature of the Bill and its compulsory provisions—are that navigation will be within the control of the regional water authorities. This concession concerns cases in which navigation is under the control of another authority.
§ Mr. Denis HowellIt would be churlish not to express appreciation to the Minister, especially in respect of the second part of the amendment dealing with recreation.
It is extremely important that when new reservoirs and waterways are opened up, recreational and leisure-time interests should be taken fully into account and be a responsibility of the water authorities.
I am glad to acknowledge that the Government have written the necessary provision into the Bill, and it has the support of the Opposition.
§ Question put and agreed to.
§ Subsequent Lords Amendment agreed to.