HC Deb 02 May 1973 vol 855 cc1313-6

Amendments made: In page 75, line 2, after '(b)', insert: 'of the proviso (as substituted by section 1 of the Salmon and Freshwater Fisheries Act 1965)'.

No. 130, in page 75, line 5, at end insert: 'but as respects the use of any noxious substance such permission shall not be given by a water authority otherwise than with the approval of the Minister'.

No. 131, in page 75, leave out lines 28 and 29.

No. 132, in page 76, line 8, leave out from 'lands)' to end of line 11 and insert: '(a) for the words from the beginning to "board", in the second place where it occurs, there shall be substituted the words "Any water bailiff or other officer of a water authority may, under a special order in writing from the authority,"; (b) after the words "this Act" there shall be inserted the words "or the Salmon and Freshwater Fisheries Act 1972".

15A. In section 69 of that Act (order to enter suspected places)—

  1. (a) for the words from "any", in the first place where it occurs, to "Act" there shall be substituted the words "a water bailiff or any other officer of a water authority it appears to any justice of the peace that the officer has good reason to suspect that any offence against this Act or the Salmon and Freshwater Fisheries Act 1972 ";
  2. (b) for the words "such member or bailiff" there shall be substituted the words "that officer ".

15B. In section 70 of that Act (warrant to enter suspected premises)—

  1. (a) after the word "Act" there shall be inserted the words "or the Salmon and Freshwater Fisheries Act 1972";
  2. (b) for the words "water bailiff, member of a fishery board" there shall be substituted the words "water bailiff or other officer of a water authority".

15C. For section 72 of that Act (powers of officers appointed by Minister) there shall be substituted the following section:—

"72. The Minister may appoint persons to exercise in a water authority area—

  1. (a) the powers of a water bailiff under sections 67 and 71 of this Act; and
  2. (b) the powers of an officer of a water authority under sections 68, 69 and 70 of this Act;

and those sections shall accordingly apply to any such person, except that for the reference in section 67 to a special order from the water authority there shall be substituted a reference to an order in writing from the Minister"'.—[Mr. Gibson-Watt.]

No. 135, in page 82, line 31, at end insert:

'Protection of Birds Act 1954

48A. In section 14(1) of the Protection of Birds Act 1954 (interpretation) for the words in paragraph (c) of the definition of "authorised person" from "that is to say" to "1945" there shall be substituted the words "that is to say, the Natural Environment Research Council, a water authority or any other statutory water undertakers, a local fisheries committee constituted under the Sea Fisheries Regulation Act 1966,"'.

No. 136, in page 82, line 45, at end insert:

'Highways Act 1959

50A.—(1) In subsection (4) of section 103 of the Highways Act 1959 (drainage of highways and proposed highways) for the words "local authority" there shall be substituted the words "water authority".

(2) In subsection (4A) of that section (notice to be given before exercise of powers under subsection (4)) after the word "district" there shall be inserted the words "and the water authority".

50B. For section 227(2) of that Act (determination of differences about vesting and use of highway drains and sewers) there shall be substituted the following subsection:—

"(2) Any difference arising under this section—

  1. (a) between a county council and the council of a district—
    1. (i) as to the council in whom a drain is vested, or
    2. (ii) as to the use of a drain or sewer; or
  2. (b) between a county council and a water authority as to the use of a sewer, shall, if either party to the dispute so elect, be referred to and determined by the Secretary of State"'.

No. 137, in page 83, leave out lines 1 to 6.—[Mr. Graham Page.]

Mr. Graham Page

I beg to move Amendment No. 138, in page 84, line 13, at end insert: '57A. After section 24(9) of the Water Resources Act 1964 (exceptions from general restrictions) there shall be added the following subsection:— (10) In this section, 'land drainage' includes the protection of land against erosion or encroachment by water, whether from inland waters or from the sea, and also includes warping and irrigation other than spray irrigation"'.

Mr. Deputy Speaker

We may discuss at the same time Amendments Nos. 139 and 140.

Mr. Page

These amendments are intended to introduce into the Water Resources Act 1963 the new definition of land drainage contained in Clause 34(1), but to preserve the definition originally contained in the 1963 Act for the purposes of Part IV of the Bill, dealing with the control of extraction and impounding of water. It is regrettable that we shall have two definitions of land drainage, but this is unavoidable. Otherwise, we should have to change the law regarding licensing, with which this Bill does not deal. So we are leaving it as it is under the 1963 Act.

Amendment agreed to.

Amendments made: No. 139, in page 84, line 14, leave out 'the Water Resources Act 1963' and insert 'that Act'.

No. 140, in page 85, line 3, at end insert: '60A. In section 135(1) of that Act (interpretation) for the definition of land drainage there shall be substituted the following definition:— land drainage" includes defence against water (including sea water), irrigation other than spray irrigation, warping and the provision of flood warning systems;'.

No. 141, in page 85, line 3, at end insert: '60A. In paragraph (d) of section 79(4) of that Act (byelaws relating to reservoirs) after the word "undertaker" there shall be inserted the words "other than the water authority"'.

No. 142, in page 85, line 3, at end insert: '60B. In section 135(3) of that Act (definitions) after the word "means" there shall be inserted the words "a water authority and"'.— [Mr. Graham Page.]

No. 143, page 86, line 34, at end insert: '67A. In section 9(1) of that Act (production of fishing licences) for the words from the beginning to the end of paragraph (c) there shall be substituted the words "A water bailiff appointed under the Water Act 1973 on producing evidence of his appointment, or any constable,".

67B. For paragraph 18 of Schedule 1 to that Act (provisions with respect to licences) there shall be substituted the following paragraph:— 18. The production of a printed copy of a statement purporting to be issued by a water authority as to a licence duty fixed and, if it be the case, approved by the Minister under this Schedule or under the 1923 Act shall be prima facie evidence that the licence duty was fixed or approved as there mentioned and of the amount of the duty, and without proof of the handwriting or official position of any person purporting to sign the statement."'.—[Mr. Gibson-Watt.]

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