§ Mr. Alex CarlileTo ask the Secretary of State for the Environment what proposals he has to make water utilities liable for damage caused to property as a result of the sinking of water boreholes; and if he will make a statement.
§ Mr. Atkins[holding answer 12 May 1994]: Water utilities already have the same liabilities as any other owner or occupier of land for any damage caused by them to neighbours in sinking boreholes on their land or on land to which the owner or occupiers allow them access. In addition, where they sink boreholes under powers conferred under the Water Industry Act 1991, they are liable to pay compensation for damage under schedule 11 —compulsory works powers—or schedule 6—powers to search for water--of that Act.
§ Mr. Alex CarlileTo ask the Secretary of State for the Environment what assessment he has made of the methods394W whereby assessment is made of the risk of damage to local property resulting from the sinking of new water boreholes; and if he will make a statement.
§ Mr. Atkins[holding answer 12 May 1994]: The National Rivers Authority must consider the implications of any new borehole which needs its licence or consent, or which is notified to it, in respect of water resources, the aquatic environment and other protected rights to water. Where planning permission is needed, the local planning authority will have to consider all material factors. Other aspects must be assessed by the person proposing to make the borehole, particularly in respect of his potential liabilities to compensate others for any damage that may be done.