HL Deb 11 July 1995 vol 565 cc1655-8

278 Schedule 18, page 239, leave out lines 31 to 33 and insert:

`(2) In subsection (3) (a) of that section (exception for disclosure of information for purposes of functions under certain enactments)—

  1. (a) for the words "the NRA" there shall be substituted the words "the Environment Agency, the Scottish Environment Protection Agency"; and
  2. (b) for the words "or the Water Act 1989" there shall be substituted the words ", the Water Act 1989, Part I or 11A of the Environmental Protection Act 1990 or the Environment Act 1995".

(3) In subsection (4), in paragraph (a) (which provides that nothing in subsection (1) shall limit the matters which may be included in reports made by specified bodies under specified enactments)—

  1. (a) for the words "the NRA" there shall be substituted the words "the Environment Agency, the Scottish Environment Protection Agency"; and
  2. (b) for the words "or of the Water Resources Act 1991" there shall be substituted the words ", Part I or IIA of the Environmental Protection Act 1990, the Water Resources Act 1991 or the Environment Act 1995"

279 Page 241, line 22, leave out 'under' and insert 'by virtue of'.

280 Page 241, line 22, at end insert:

'. After section 79 of that Act (compensation and charges where drought order made) there shall be inserted—

"Drought permits.

79A.—(1) If the Agency is satisfied that, by reason of an exceptional shortage of rain, a serious deficiency of supplies of water in any area exists or is threatened then, subject to the following provisions of this section, it may, upon the application of a water undertaker which supplies water to premises in that area, issue to that undertaker a drought permit making such provision authorised by this section as appears to the Agency to be expedient with a view to meeting the deficiency.

(2) A drought permit may contain any of the following provisions, that is to say.—

  1. (a) provision authorising the water undertaker to which it is issued to take water from any source specified in the permit subject to any conditions or restrictions so specified;
  2. (b) provision suspending or modifying, subject to any conditions specified in the permit, any restriction or obligation to which that undertaker is subject as respects the taking of water from any source.

(3) A drought permit shall specify.—

  1. (a) the day on which it comes into force; and
  2. (b) the period for which, subject to subsections (4) and (5) below, any authorisation given, or suspension or modification effected, by the permit is to have effect.

(4) Subject to subsection (5) below, the period for which.—

  1. (a) an authorisation given by a drought permit, or
  2. (b) a suspension or modification effected by such a permit,
has effect shall expire before the end of the period of six months beginning with the day on which the permit comes into force.

(5) At any time before the expiration of the period for which such an authorisation, suspension or modification has effect, the Agency may, by giving notice to the water undertaker to which the permit in question was issued, extend that period, but not so as to extend it beyond the end of the period of one year beginning with the day on which the permit came into force.

(6) A drought permit which.—

  1. (a) authorises the taking of water from a source from which water is supplied to an inland navigation; or
  2. (b) suspends or modifies.—
    1. (i) a restriction as respects the taking of water from a source from which water is supplied to an inland navigation; or
    2. (ii) an obligation to discharge compensation water into a canal or into any river or stream which forms part of, or from which water is supplied to, an inland navigation,
shall not be issued without the consent of every navigation authority exercising functions over any or all of the parts of the canal or inland navigation in question which are affected by the permit.

(7) Schedule 8 to this Act shall have effect with respect to the procedure on an application for a drought permit as it has effect with respect to the procedure on an application for a drought order, but with the following modifications, that is to say.—

  1. (a) with the substitution for any reference to a drought order of a reference to a drought permit;
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  2. (b)with the substitution for any reference to the Secretary of State of a reference to the Agency;
  3. (c) with the omission of the reference to the Agency in the Table in paragraph 1;
  4. (d) with the insertion, in paragraph 1(3) (c), of a requirement that the notice in question shall specify the address at which any objections are to be made to the Agency; and
  5. (e) with the omission.—
    1. (i) of paragraph 2(1) (a) and the word "either" immediately preceding it, and
    2. (ii) of paragraph 2(6).

(8) For the purposes of sections 125 to 129 below any water authorised by a drought permit to be abstracted from a source of supply shall be treated as if it had been authorised to be so abstracted by a licence granted under Chapter II of this Part, whether the water undertaker to which the permit is issued is the holder of such a licence or not.

(9) Section 79 above and Schedule 9 to this Act shall apply in relation to drought permits and their issue as they apply in relation to ordinary drought orders and their making.

(10) A drought permit may—

  1. (a) make different provision for different cases, including different provision in relation to different persons, circumstances or localities; and
  2. (b) contain such supplemental, consequential and transitional provisions as the Agency considers appropriate.

(11) In this section—

In section 80 of that Act (offences against drought orders) —

  1. (a) in subsection (1) (a) (taking or using water otherwise than in accordance with any condition or restriction imposed by or under a drought order) for the words "so imposed" there shall be substituted the words "imposed by or under any drought order or by any drought permit";
  2. (b) in subsection (2) (a) (failure to construct or maintain measuring apparatus required by any drought order) after the words "by any drought order" there shall be inserted the words "or drought permit"; and
  3. (c) in subsection (2) (b) (failure to allow person authorised by or under any such order to inspect etc apparatus or records) after the words "by or under any such order" there shall be inserted the words "or by virtue of any such permit".'.

281 Page 242, line 23, at end insert:

`() If the Agency is of the opinion that proceedings for an offence under subsection (3) above would afford an ineffectual remedy against a person who has failed to comply with the requirements of an enforcement notice, the Agency may take proceedings in the High Court for the purpose of securing compliance with the notice.'.

282 Page 243, leave out lines 32 to 34 and insert:

`(2F) Subject to subsection (2FF) below, where an appeal is brought by virtue of subsection (1) (c) above against a decision—

  1. (a) to revoke a discharge consent,
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  2. (b) to modify the conditions of any such consent, or
  3. (c) to provide that any such consent which was unconditional shall be subject to conditions,
the revocation, modification or provision shall not take effect pending the final determination or the withdrawal of the appeal.

(2FF) Subsection (2F) above shall not apply to a decision in the case of which the notice effecting the revocation, modification or provision in question includes a statement that in the opinion of the Agency it is necessary for the purpose of preventing or, where that is not practicable, minimising—

  1. (a) the entry into controlled waters of any poisonous, noxious or polluting matter or any solid waste matter, or
  2. (b) harm to human health,
that that subsection should not apply.

(2FG) Where the decision under appeal is one falling within subsection (2FF) above, if, on the application of the holder or former holder of the consent, the Secretary of State or other person determining the appeal determines that the Agency acted unreasonably in excluding the application of subsection (2F) above, then—

  1. (a) if the appeal is still pending at the end of the day on which the determination is made, subsection (2F) above shall apply to the decision from the end of that day; and
  2. (b) the holder or former holder of the consent shall be entitled to recover compensation from the Agency in respect of any loss suffered by him in consequence of the exclusion of the application of that subsection;
and any dispute as to a person's entitlement to such compensation or as to the amount of it shall be determined by arbitration.'.

Earl Ferrers

My Lords, I beg to move that the House do agree with the Commons in their Amendments Nos. 278 to 282.

Moved, That the House do agree with the Commons in their Amendments Nos. 278 to 282.—(Earl Ferrers.)

On Question, Motion agreed to.