PART 1 continued
(2) Where this section applies, the Agency may refer to the Secretary of State the question (as the case may be)—
(a) whether such arrangements should be entered into, and if so, on what terms; or
(b) whether the arrangements should be renewed or varied (as the case may be), and if so, on what terms.
(3) If the Secretary of State determines that arrangements should be entered into or (as the case may be) renewed or varied, such arrangements on the terms determined by the Secretary of State shall be enforceable—
(a) by civil proceedings by the Secretary of State for an injunction or for any other appropriate relief; and
(b) where the other party is a water undertaker, also under section 18 of the Water Industry Act 1991 (enforcement orders) by the Secretary of State.
(4) The functions of the Secretary of State under subsection (2) above shall be treated for the purposes of section 114 of the 1995 Act (delegation or reference of appeals) as if they were functions to which paragraph (a) of subsection (1) of that section applied.”
After section 25 of the WRA there is inserted—
(1) Subject to the following provisions of this section, where it appears to the Agency that a person is—
(a) in breach of section 24(1) or (2) or section 25(1) above; or
(b) for the purposes of section 24 or 25 above a holder of a licence under this Chapter and has not complied with a condition or requirement imposed by the provisions, as for the time being in force, of that licence,
the Agency shall be entitled to serve an enforcement notice on him if the condition in subsection (2) below is satisfied.
(2) The condition is that it appears to the Agency that the breach or failure to comply is causing or is likely to cause significant damage to the environment.
(3) An enforcement notice is a notice requiring the person on whom it is served—
(a) to cease his breach of section 24(1) or (2) or section 25(1) above, or to comply with the condition or requirement in question; and
(b) to carry out any works or operations specified in the notice.
(4) The works or operations which may be specified are works or operations which it appears to the Agency are appropriate for the purpose of remedying or mitigating the effects of the breach or failure to comply, and may include—
(a) works or operations for the purpose, so far as it is reasonably practicable to do so, of restoring any affected waters, including any flora and fauna dependent on them, to their state immediately before the breach or failure to comply; and
(b) in the case of a breach of section 25(1) above, the removal of any unauthorised impounding works or the reversal of any unauthorised alteration to impounding works.
(5) An enforcement notice must specify the periods within which the person on whom it is served must do each of the things specified in the notice.
(6) Before serving an enforcement notice on any person, the Agency shall take reasonable steps to consult that person about the works or operations which are to be specified in the notice.
(7) The Secretary of State may by regulations make provision for or in connection with—
(a) the form or content of enforcement notices;
(b) requirements for consultation, before the service of an enforcement notice, with persons other than the person upon whom the notice is to be served;
(c) steps to be taken for the purposes of any consultation required under subsection (6) above or regulations made by virtue of paragraph (b) above;
(d) any other steps of a procedural nature which are to be taken in connection with, or in consequence of, the service of an enforcement notice.
(8) An enforcement notice is not invalid, or invalidly served, merely because of a failure to comply with subsection (6) above or with regulations made by virtue of subsection (7)(b) above.
(9) The Secretary of State may, if he thinks fit in relation to any person, give directions to the Agency as to whether or how it should exercise its powers under this section.
(10) In proceedings for any offence under section 24 or 25 above against a person upon whom an enforcement notice has been served, the following are not to be taken as evidence that he has committed the offence—
(a) the fact that an enforcement notice has been served on him;
(b) the fact that he does not appeal against it;
(c) the fact that on an appeal against it the notice is confirmed (whether with or without modifications).
Sections 161B and 161C below (including any power to make regulations) shall apply in relation to enforcement notices as they apply in relation to works notices under section 161A below.
(1) If a person on whom the Agency serves an enforcement notice fails to comply with any of its requirements, he shall be guilty of an offence.
(2) A person who commits an offence under subsection (1) above shall be liable—
(a) on summary conviction, to a fine not exceeding £20,000;
(b) on conviction on indictment, to a fine.
(3) If a person on whom an enforcement notice has been served fails to comply with any of its requirements, the Agency may do what that person was required to do and may recover from him any costs or expenses reasonably incurred by the Agency in doing it.
(4) If the Agency is of the opinion that proceedings for an offence under subsection (1) 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.”
(1) After section 20B of the WRA (inserted by section 29 of this Act) there is inserted—
(1) In the circumstances mentioned in subsection (2) below, the Agency may, in carrying out its functions under section 6(2) of the 1995 Act, propose to a qualifying person (within the meaning of section 40 of the Water Industry Act 1991) that he make an application under that section for a bulk supply of water from a water undertaker.
(2) The circumstances referred to in subsection (1) above are that it appears to the Agency that such a bulk supply is necessary in order to secure the proper use of water resources.
(3) The Agency shall not make such a proposal without first consulting the Water Services Regulation Authority.
(4) The Agency may include in its proposal the period for which, and terms and conditions on which, the Agency considers it appropriate that the bulk supply should be given.”
(2) In section 38 of the WRA (general consideration of applications), in subsection (3), after paragraph (b) there is inserted—
“and may have regard to any failure on the part of the applicant to make an application under section 40 of the Water Industry Act 1991 pursuant to a proposal made by the Agency under section 20C above.”.
Section 223 of the WRA (exemption of visiting forces from restrictions on abstraction etc) shall cease to have effect.
(1) The relevant WRA provisions apply to (or in relation to) the following sections of this Act (the “applicable sections”) as they apply to (or in relation to) Part 2 or, as the case may be, Chapter 2 of Part 2 of the WRA—
(a) section 3 (existing impounding works),
(b) section 4 (existing impounding works: works notices), and
(c) section 10 (orders under section 33 of the WRA, etc).
(2) Accordingly, in the relevant WRA provisions—
(a) references to Part 2 of, or to Chapter 2 of Part 2 of, the WRA are to be read as if the applicable sections were included in that Part or that Chapter,
(b) references to the related water resources provisions are to be read as if those provisions meant, in relation to the applicable sections, the relevant WRA provisions other than section 222 of the WRA, and
(c) references to the Secretary of State are to be read as references to the appropriate authority (as defined, in each case, in the applicable section in question).
(3) The “relevant WRA provisions” are the following provisions of the WRA—
(a) section 120 (contributions between the Agency and certain other authorities),
(b) section 158 (works agreements for water resources purposes),
(c) section 201 (power to require information in respect of water resources functions), as substituted by section 70 of this Act,
(d) section 216 (enforcement: powers and duties),
(e) section 222 (Crown application), as in force immediately before the substitution made by paragraph 2(4) of Schedule 21 to the Environment Act 1995 (c. 25) and for so long as the substituted section 222 does not apply to Part 2 of the WRA.
(4) Section 220 of the WRA (provisions relating to service of documents) applies to documents required or authorised by virtue of any of the applicable sections to be served on any person as it applies to documents required or authorised to be served by virtue of the WRA.
(5) References in the WRA to the functions (generally) of the Environment Agency are to be read as including the Agency’s functions under the applicable sections.