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Defined terms — Water Resources Act 1991

United Kingdom · ukpga/1991/57 · 2048 provisions

114 defined in this instrument.

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agricultural land — — but does not include land occupied together with a house as a park, gardens (other than as aforesaid) or pleasure grounds, land kept or preserved mainly or exclusively for purposes of sport or recreation or land used as a racecourse; land used as arable, meadow or pasture ground only; land used for a plantation or a wood or for the growth of saleable underwood; and land exceeding one tenth of a hectare used for the purpose of poultry farming, market gardens, nursery grounds, orchards or allotments, including allotment gardens within the meaning of the Allotments Act 1922 Section 145
appropriate national authority — — in relation to England, the Secretary of State; and in relation to Wales, the Welsh Ministers Section 161AA(5)
appropriate national authority — — in relation to England, the Secretary of State; and in relation to Wales, the Welsh Ministers Section 93(5)
banks — banks, walls or embankments adjoining or confining, or constructed for the purposes of or in connection with, any channel or sea front, and includes all land and water between the bank and low-watermark; “drainage” includes— Section 113(1)
benefice — an ecclesiastical benefice of the Church of England Section 67(8)
called-in application — an application referred to the Secretary of State in accordance with directions under section 41 above Section 42(7)
chargeable land — the agricultural land and agricultural buildings in so much of a flood risk management region as does not fall within an internal drainage district, excluding rough grazing land and woodlands other than commercial woodlands Section 145
commercial woodlands — woodlands managed on a commercial basis with a view to the realisation of profits; “drainage” has the same meaning as in Part IV above Section 145
communication works — airways, headways, gateways or water levels Schedule 23, paragraph 3(6)
compensation water — water which a water undertaker or the appropriate agency is under an obligation to discharge— and in accordance with the provisions of a licence under Chapter II of this Part into a source of supply; or under any local statutory provision, into any river, stream, brook or other running water or into a canal; “inland navigation” includes any canal or navigable river Section 77(6)
compulsory works order — an order under section 168 of this Act Schedule 19, paragraph 10
conservancy authority — any person who has a duty or power under any enactment to conserve, maintain or improve the navigation of a tidal water and is not a navigation authority or harbour authority; . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . “contravention” includes a failure to comply, and cognate expressions shall be construed accordingly; “damage”, in relation to individuals, includes death and any personal injury (including any disease or impairment of physical or mental condition) Section 221(1)
Crown or Duchy interest — an interest which belongs to Her Majesty in right of the Crown or of the Duchy of Lancaster, or to the Duchy of Cornwall, or belonging to a government department or held in trust for Her Majesty for the purposes of a government department Section 222(9)
Crown premises — premises held by or on behalf of the Crown Section 222(9)
discharge pipe — a pipe from which discharges are or are to be made under section 163 above Section 186(1)
discrete waters — inland waters so far as they comprise— a lake, pond or reservoir which does not discharge to any other inland waters; or one of a group of two or more lakes, ponds or reservoirs (whether near to or distant from each other) and of watercourses or mains connecting them, where none of the inland waters in the group discharges to any inland waters outside the group; “disposal”— and cognate expressions shall be construed accordingly; in relation to land or any interest or right in or over land, includes the creation of such an interest or right and a disposal effected by means of the surrender or other termination of any such interest or right; and in relation to sewage, includes treatment; “drain” has, subject to subsection (2) below, the same meaning as in the Water Industry Act 1991; “drainage” in the expression “drainage works” has the meaning given by section 113 above for the purposes of Part IV of this Act Section 221(1)
drainage body — an internal drainage board or any other body having power to make or maintain works for the drainage of land; “the relevant Minister”— in relation to employees of a drainage body wholly in Wales, means the Secretary of State; in relation to employees of a drainage body partly in Wales, means the Ministers; and in any other case, means the Minister Section 108(9)
drainage charge — general drainage charge or special drainage charge; “flood risk management region” — in relation to the Agency, means the region of a Regional Flood and Coastal Committee, within the meaning of section 22 of the Flood and Water Management Act 2010 , and in relation to the NRBW, means Wales, within the meaning of section 158 of the Government of Wales Act 2006 Section 145
drought order — an ordinary drought order under subsection (1) of section 73 above or an emergency drought order under subsection (2) of that section Section 221(1)
drought permit — a drought permit under this section; “inland navigation” has the same meaning as in section 77 above Section 79A(11)
ecclesiastical property — land which— and belongs to a benefice; is or forms part of a church subject to the jurisdiction of the bishop of any diocese of the Church of England or the site of a church so subject; or is or forms part of a burial ground so subject; “the relevant land”, in relation to a licence under this Chapter or an application for such a licence, means— the land to which an applicant for a licence to abstract water is required by section 35 above to have a right of access; or in the case of a licence for the purposes of section 25 above or an application for such a licence— the land on which any part of the impounding works is, or is to be, or is proposed to be, constructed; or in relation to an alteration of impounding works, the land on which any part of those works is situated or is to be, or is proposed to be, situated Section 67(8)
effluent — any liquid, including particles of matter and other substances in suspension in the liquid; “enactment” includes an enactment contained in this Act or in any Act passed after this Act; . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . “engineering or building operations”, without prejudice to the generality of that expression, includes— the construction, alteration, improvement, maintenance or demolition of any building or structure or of any reservoir, watercourse, dam, weir, well, borehole or other works; and the installation, modification or removal of any machinery or apparatus Section 221(1)
emergency fisheries byelaw — a byelaw made under paragraph 6 of Schedule 25 to this Act (fisheries) in the circumstances in sub-paragraph (2) below Schedule 27, paragraph 1(1)
Environmental Permitting Regulations — the Environmental Permitting (England and Wales) Regulations 2016 (S.I. 2016/1154); “flood defence functions”, in relation to the appropriate agency, means— its functions with respect to flood defence and land drainage by virtue of Part IV of this Act, the Land Drainage Act 1991 and section 6 of the 1995 Act; those functions of the appropriate agency which were previously transferred to the Agency by section 2(1)(a)(iii) of the 1995 Act which were previously transferred to the Authority by virtue of section 136(8) of the Water Act 1989 and paragraph 1(3) of Schedule 15 to that Act (transfer of land drainage functions under local statutory provisions and subordinate legislation); ... any other functions of the appropriate agency under any of the flood defence provisions of this Act; its functions with respect to securing the drainage of land or the management of flood risk contained in regulations made under section 61 of the Water Act 2014; and any other function of the appropriate agency under any provision of this Act or the 1995 Act so far as it relates to a function falling within paragraph (d); “flood defence provisions”, in relation to this Act, means— any of the following… Section 221(1)
exemption — the disapplication of the restriction on abstraction under or by virtue of section 27 or 33A above; and “point of abstraction” and “right of access” have the same meanings as in section 59A above Section 59C
financial year — the twelve months ending with 31st March; “environmental permit” has the same meaning as in the Environmental Permitting Regulations Section 221(1)
flood defence — the drainage of land and the provision of flood warning systems; “main river” (subject to section 137(4) below) means a watercourse shown as such on the main river map for England or the main river map for Wales and includes any structure or appliance for controlling or regulating the flow of water into, in or out of the channel which— defence against water, including sea water; irrigation other than spray irrigation; . . . warping; and the carrying on, for any purpose, of any other practice which involves management of the level of water in a watercourse; is a structure or appliance situated in the channel or in any part of the banks of the channel; and is not a structure or appliance vested in or controlled by an internal drainage board; “watercourse” shall be construed as if for the words from “except" onwards in the definition in section 221(1) below there were substituted the words “except a public sewer" Section 113(1)
flood risk management region — the region of a Regional Flood and Coastal Committee, within the meaning of section 22 of the Flood and Water Management Act 2010 Schedule 26, paragraph 7
flood risk management region — the region of a Regional Flood and Coastal Committee, within the meaning of section 22 of the Flood and Water Management Act 2010 Section 166(4)
flood risk management work — anything done— to maintain existing works (including buildings or structures) including cleansing, repairing or otherwise maintaining the efficiency of an existing watercourse or drainage work; to operate existing works (such as sluicegates or pumps); to improve existing works (including buildings or structures) including anything done to deepen, widen, straighten or otherwise improve an existing watercourse, to remove or alter mill dams, weirs or other obstructions to watercourses, or to raise, widen or otherwise improve a drainage work; to construct or repair new works (including buildings, structures, watercourses, drainage works and machinery); for the purpose of maintaining or restoring natural processes; to monitor, investigate or survey a location or a natural process; to reduce or increase the level of water in a place; to alter or remove works Section 165(1D)
flood risk management work provisions — — sections 159(1A), 160(1A), 165 and 166; and any other provision of Part 7 so far as it relates to a provision falling within paragraph (a); “harbour” has the same meaning for the purposes of the flood defence provisions of this Act as in section 313 of the Merchant Shipping Act 1995; “harbour authority” (except in the flood defence provisions of this Act, in which it has the same meaning as in section 313 of the Merchant Shipping Act 1995) means a person who is a harbour authority as defined in section 151 for the purposes of Chapter II of Part VI of that Act and is not a navigation authority; “highway” has the same meaning as in the Highways Act 1980; “information” includes anything contained in any records, accounts, estimates or returns Section 221(1)
flood warning system — any system whereby, for the purpose of providing warning of any danger of flooding, information with respect to— is obtained and transmitted, whether automatically or otherwise, with or without provision for carrying out calculations based on such information and for transmitting the results of those calculations; rainfall, as measured at a particular place within a particular period; or the level or flow of any inland water, or part of an inland water, at a particular time; or other matters appearing to the appropriate agency to be relevant for that purpose Section 166(4)
harm — any adverse impact on the condition of any hydromorphological quality element affecting the controlled waters that would be likely to prevent the achievement of the environmental objectives applicable to the controlled waters (whether by itself or in combination with other factors), other than an adverse impact caused by the entry into or presence in those waters of any poisonous, noxious or polluting matter or waste matter Section 161ZA(2)
harm — any adverse impact on the condition of any hydromorphological quality element affecting the controlled waters that would be likely to prevent the achievement of any environmental objectives applicable to those waters (whether by itself or in combination with other factors), other than an adverse impact caused by the entry into controlled waters of any poisonous, noxious or polluting matter Section 93(2B)
impounding works — either of the following, that is to say— any dam, weir or other works in any inland waters by which water may be impounded; any works for diverting the flow of any inland waters in connection with the construction or alteration of any dam, weir or other works falling within paragraph (a) above Section 25(8)
inland water — any of the following in any part of Great Britain, that is to say— any river, stream or other watercourse, whether natural or artificial and whether tidal or not; any lake or pond, whether natural or artificial, and any reservoir or dock; and any channel, creek, bay, estuary or arm of the sea; “rainfall” includes any fall of snow, hail or sleet Section 166(4)
inland waters — the whole or any part of— any river, stream or other watercourse (within the meaning of Chapter II of Part II of this Act), whether natural or artificial and whether tidal or not; any lake or pond, whether natural or artificial, or any reservoir or dock, in so far as the lake, pond, reservoir or dock does not fall within paragraph (a) of this definition; and so much of any channel, creek, bay, estuary or arm of the sea as does not fall within paragraph (a) or (b) of this definition; “joint planning board” has the same meaning as in the Town and Country Planning Act 1990 Section 221(1)
local authority — the council of any county, county borough, district or London borough or the Common Council of the City of London Section 221(1)
local authority — — any unitary authority; any district council, so far as it is not a unitary authority; the Common Council of the City of London and, as respects the Temples, the Sub-Treasurer of the Inner Temple and the Under-Treasurer of the Middle Temple respectively Section 91B(8)
local enactment — — a local or private Act; a public general Act relating to London; an order or scheme made under an Act, confirmed by Parliament or brought into operation in accordance with special parliamentary procedure; or an enactment in a public general Act amending a local or private Act or any such order or scheme Schedule 2, paragraph 12(1)
local enactment — — a local or private Act; a public general Act relating to London; an order or scheme made under an Act, confirmed by Parliament or brought into operation in accordance with special parliamentary procedure; or an enactment in a public general Act amending a local or private Act or any such order or scheme Section 71(5)
local statutory provision — — a provision of a local Act (including an Act confirming a provisional order); a provision of so much of any public general Act as has effect with respect to a particular area, with respect to particular persons or works or with respect to particular provisions falling within any paragraph of this definition; a provision of an instrument made under any provision falling within paragraph (a) or (b) above; or a provision of any other instrument which is in the nature of a local enactment Section 221(1)
main river — a main river within the meaning of Part IV of this Act; “the main river map for England” has the meaning given by section 193(2); “the main river map for Wales” has the meaning given by section 194(2); “micro-organism” includes any microscopic, biological entity which is capable of replication; “minimum acceptable flow”, in relation to any inland waters, means (except in sections 21 and 22 above and subject to section 23(3) above) the minimum acceptable flow as for the time being contained in provisions which are in force under section 21(7) above in relation to those waters Section 221(1)
marine or aquatic environmental purposes — — the conservation or enhancement of the natural beauty or amenity of marine or coastal, or aquatic or waterside, areas (including their geological or physiographical features) or of any features of archaeological or historic interest in such areas; or the conservation of flora or fauna which are dependent on, or associated with, a marine or coastal, or aquatic or waterside, environment Schedule 25, paragraph 6A(3)
member — any member of the Authority, including the chairman and the deputy chairman Schedule 1, paragraph 11
miles — international nautical miles of 1,852 metres; “lake or pond” includes a reservoir of any description Section 104(3)
military or other designated service — any such service in any of Her Majesty’s forces or other employment (whether or not in the service of Her Majesty) as may be prescribed by regulations under this paragraph Schedule 2, paragraph 10(4)
mines — mines of coal, ironstone, slate or other minerals; “owner”, in relation to mines and minerals, includes a lessee or occupier; and “underlying”, in relation to any part of the appropriate agency's undertaking, means lying under, or within the designated distance from, that part of that undertaking Schedule 23, paragraph 7(1)
navigation authority — any person who has a duty or power under any enactment to work, maintain, conserve, improve or control any canal or other inland navigation, navigable river, estuary, harbour or dock Section 221(1)
new towns residuary body — — in relation to England, the Homes and Communities Agency so far as exercising functions in relation to anything transferred (or to be transferred) to it as mentioned in section 52(1)(a) to (d) of the Housing and Regeneration Act 2008 or the Greater London Authority so far as exercising its new towns and urban development functions; and in relation to Wales, the Welsh Ministers so far as exercising functions in relation to anything transferred (or to be transferred) to them as mentioned in section 36(1)(a)(i) to (iii) of the New Towns Act 1981 Section 72(2A)
notice — notice in writing Section 221(1)
point of abstraction — a place where the licence authorises water to be abstracted from inland waters or (as the case may be) a place consisting of or comprising underground strata from which the licence authorises water to be abstracted Section 59A
powers of compulsory acquisition — any such powers as are mentioned in subsection (4)(a) of section 168 of this Act; “restricted byway” has the same meaning as in Part 2 of the Countryside and Rights of Way Act 2000 Schedule 19, paragraph 10
prescribed — prescribed in regulations made by the Secretary of State Section 161B(7)
prescribed — prescribed by regulations made by the Secretary of State or, in relation to regulations made by the Minister, by those regulations Section 221(1)
prescribed — prescribed in regulations Section 91A(2)
public authority — any Minister of the Crown or government department, the Agency, the NRBW, any local authority or any person certified by the Secretary of State to be a public authority for the purposes of this Act Section 221(1)
public sewer — a sewer for the time being vested in a sewerage undertaker in its capacity as such, whether vested in that undertaker by virtue of a scheme under Schedule 2 to the Water Act 1989, section 179 of or Schedule 2 to the Water Industry Act 1991 or otherwise; “records” includes computer records and any other records kept otherwise than in a document; “the related water resources provisions”, in relation to Chapter II of Part II of this Act, means— the following provisions of this Act, that is to say, the provisions— of sections 21 to 23 (including Schedule 5); of sections 120, 125 to 130, 158, 189, 199 to 201, 206(3), 209(3), 211(1) and 216; and of paragraph 1 of Schedule 25; and the following provisions of the 1995 Act, that is to say, the provisions— of sections 41 and 42 (charging schemes) as they have effect by virtue of subsection (1)(a) of section 41 (licences under Chapter II of Part II of this Act); and of subsections (1) , (1A) and (2) of section 53 (inquiries and other hearings); “sewage effluent” includes any effluent from the sewage disposal or sewerage works of a sewerage undertaker but does not include surface water; “sewer” has, subject to subsection (2) below, the same… Section 221(1)
railway company — the British Railways Board, Transport for London or any subsidiary (within the meaning of the Greater London Authority Act 1999) of Transport for London, or any other person authorised by any enactment, or by any order, rule or regulation made under any enactment, to construct, work or carry on a railway Schedule 22, paragraph 6
railway company — the British Railways Board, Transport for London or any subsidiary (within the meaning of the Greater London Authority Act 1999) of Transport for London, or any other person authorised by any enactment, or by any order, rule or regulation made under any enactment, to construct, work or carry on a railway; and “relevant pipe” has the same meaning as in section 159 above Section 163(4)
regulations — regulations made by the Secretary of State; “relevant seam, vein or vein-system”, in the case of any mine, means any seam, vein or vein-system for the purpose of, or in connection with, whose working any excavation constituting or comprised in the mine was made Section 91A(2)
relevant authority — the council of any district or London borough or Welsh county or county boroughor any internal drainage board; and “relevant land”, in relation to an agreement with any relevant authority, means— where the relevant authority is a district or London borough or Welsh county or county boroughcouncil, the chargeable land within the council’s area; and where the relevant authority is an internal drainage board, such land as may be specified in the agreement Schedule 15, paragraph 13(4)
relevant authority — any navigation authority, harbour authority or conservancy authority; and “watercourse” has the same meaning as in Part IV of this Act Section 180(3)
relevant byelaws — byelaws made (or treated as if made) by the NRBW in the exercise of any relevant transferred functions Section 169(5)
relevant date — the date which was the second appointed day for the purposes of section 133 of the Water Resources Act 1963 Schedule 2, paragraph 11(4)
relevant date — the date which was the second appointed day for the purposes of section 133 of the Water Resources Act 1963 Section 71(5)
relevant environmental objective — an environmental objective within the meaning of whichever of the following is applicable— the Water Environment (Water Framework Directive) (England and Wales) Regulations 2017 (S.I. 2017/407); the Water Environment (Water Framework Directive) (Solway Tweed River Basin District) Regulations 2004 (S.I. 2004/99); the Water Environment (Water Framework Directive) (Northumbria River Basin District) Regulations 2003 (S.I. 2003/3245) Section 61ZA(5)
relevant lake or pond — (subject to subsection (4) below) any lake or pond which (whether it is natural or artificial or above or below ground) discharges into a relevant river or watercourse or into another lake or pond which is itself a relevant lake or pond Section 104(3)
relevant land — — any land or waters in relation to which the works notice in question requires, or may require, works or operations to be carried out; or any land adjoining or adjacent to that land or those waters Section 161B(7)
relevant quotient — a quotient determined for the year concerned in accordance with rules contained in regulations made by either of the Ministers Section 135(7)
relevant river or watercourse — (subject to subsection (4) below) any river or watercourse (including an underground river or watercourse and an artificial river or watercourse) which is neither a public sewer nor a sewer or drain which drains into a public sewer Section 104(3)
relevant transferred functions — any functions which— but this is subject to subsection (1A). were exercisable by the Agency before 1 April 2013, and are functions of the NRBW by virtue of the Natural Resources Body for Wales (Functions) Order 2013 Section 186(1)
relevant waterworks — any waterworks which contain water which is or may be used by a water undertaker for providing a supply of water to any premises; “service pipe” and “water main” have the same meanings as in the Water Industry Act 1991; “waterworks” includes any water main, resource main, service pipe or discharge pipe and any spring, well, adit, borehole, service reservoir or tank Section 162(6)
relevant works power — any power conferred by any of the provisions of sections 159, 160, 162(2) and (3) and 163 above Section 170(4)
resource main — any pipe, not being a trunk main within the meaning of the Water Industry Act 1991, which is or is to be used for the purpose of— conveying water from one source of supply to another, from a source of supply to a regulating reservoir or from a regulating reservoir to a source of supply; or giving or taking a supply of water in bulk Section 186(1)
responsible person — a person who has caused or knowingly permitted the matter— to be present in the controlled waters; or to be at a place from which it was likely, in the opinion of the appropriate agency, to enter the controlled waters Section 161(6)
responsible person — a person who has caused or knowingly permitted— any harm to be caused to the controlled waters; or a source of potential harm to exist that is likely, in the opinion of the appropriate agency, to cause harm to the controlled waters Section 161ZA(7)
right of access — in relation to a point of abstraction, a right of access to land of the kind referred to in subsection (2)(a) or, as the case may be, (3)(a) of section 35 above; and references to a person who will have such a right of access shall be construed in accordance with that section (including subsections (4) to (6)) Section 59A
rough grazing land — land of either of the following descriptions, that is to say— land used as pasture ground on which the vegetation consists solely or mainly of one or more of the following, that is to say, bracken, gorse, heather, rushes and sedge; and land so used which is unsuitable for mowing by machine and on which the vegetation consists solely or mainly of grass of poor feeding value; and “spray irrigation” has the same meaning as in Chapter II of Part II of this Act Section 145
source of supply — — any inland waters except, without prejudice to subsection (3) below in its application to paragraph (b) of this definition, any which are discrete waters; or any underground strata in which water is or at any time may be contained; “street” has, subject to subsection (4) below, the same meaning as in Part III of the New Roads and Street Works 1991; “subordinate legislation” has the same meaning as in the Interpretation Act 1978; “substance” includes micro-organisms and any natural or artificial substance or other matter, whether it is in solid or liquid form or in the form of a gas or vapour; “surface water” includes water from roofs; “trade effluent” includes any effluent which is discharged from premises used for carrying on any trade or industry, other than surface water and domestic sewage, and for the purposes of this definition any premises wholly or mainly used (whether for profit or not) for agricultural purposes or for the purposes of fish farming or for scientific research or experiment shall be deemed to be premises used for carrying on a trade Section 221(1)
special charges scheme — a scheme under section 137 of this Act Schedule 16, paragraph 10(1)
spray irrigation — (subject to subsection (5) below) the irrigation of land or plants (including seeds) by means of water or other liquid emerging (in whatever form) from apparatus designed or adapted to eject liquid into the air in the form of jets or spray Section 72(1)
statutory provision — a provision (whether of a general or special nature) which is contained in, or in any document made or issued under, any Act (whether of a general or special nature). “temporary licence” and “transfer licence” have the meanings given in section 24A above Section 72(1)
the 1954 Act — the Mines and Quarries Act 1954; “acting in a compulsory capacity”, in the case of the official receiver, means acting as— liquidator of a company; receiver or manager of a bankrupt’s estate, pursuant to section 287 of the Insolvency Act 1986; trustee of a bankrupt’s estate; liquidator of an insolvent partnership; trustee of an insolvent partnership; trustee, or receiver or manager, of the insolvent estate of a deceased person; “mine” has the same meaning as in the 1954 Act; “the official receiver” has the same meaning as it has in the Insolvency Act 1986 by virtue of section 399(1) of that Act Section 91A(2)
the 1995 Act — the Environment Act 1995; “abstraction”, in relation to water contained in any source of supply, means the doing of anything whereby any of that water is removed from that source of supply, whether temporarily or permanently, including anything whereby the water is so removed for the purpose of being transferred to another source of supply; and “abstract” shall be construed accordingly; “accessories”, in relation to a main, sewer or other pipe, includes any manholes, ventilating shafts, inspection chambers, settling tanks, wash-out pipes, pumps, ferrules or stopcocks for the main, sewer or other pipe, or any machinery or other apparatus which is designed or adapted for use in connection with the use or maintenance of the main, sewer or other pipe or of another accessory for it, but does not include any electronic communications apparatus unless it— and in this definition “stopcock” has the same meaning as in the Water Industry Act 1991; is or is to be situated inside or in the close vicinity of the main, sewer or other pipe or inside or in the close vicinity of another accessory for it; and is intended to be used only in connection with the use or maintenance of the main, sewer or… Section 221(1)
the Agency — the Environment Agency; “agriculture” has the same meaning as in the Agriculture Act 1947 and “agricultural” shall be construed accordingly; “analyse”, in relation to any sample of land, water or effluent, includes subjecting the sample to a test of any description, and cognate expressions shall be construed accordingly Section 221(1)
the appropriate agency — — for the purposes of the flood risk management work provisions— in relation to flood risks (within the meaning of the Flood and Water Management Act 2010) in Wales, the NRBW; in any other case, the Agency; for any other purpose— in relation to Wales, the NRBW; in any other case, the Agency; . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Section 221(1)
the appropriate body — — in relation to any act or omission of the Crown in England, the Agency; in relation to any act or omission of the Crown in Wales, the NRBW Section 222(9)
the appropriate national authority — — the Secretary of State, in relation to England; the Welsh Ministers, in relation to Wales Section 46B(4)
the court — the county court for the district in which the holding, or the part of the holding which is contiguous to the inland waters in question, is situated; and “entitled” (except in subsection (1) above) means entitled apart from this Chapter or any other statutory provision Section 28(5)
the initial period — the period of six months beginning with the day on which subsection (1) above comes into force Section 91B(8)
the Minister — the Minister of Agriculture, Fisheries and Food Section 221(1)
the Ministers — the Secretary of State and the Minister; “modifications” includes additions, alterations and omissions, and cognate expressions shall be construed accordingly; “mortgage” includes any charge or lien on any property for securing money or money’s worth, and “mortgagee” shall be construed accordingly Section 221(1)
the NRBW — the Natural Resources Body for Wales; “owner”, in relation to any premises, means the person who— but for the purposes of Schedule 2 to this Act, Chapter II of Part II of this Act and the related water resources provisions does not include a mortgagee not in possession, and cognate expressions shall be construed accordingly; is for the time being receiving the rack-rent of the premises, whether on his own account or as agent or trustee for another person; or would receive the rack-rent if the premises were let at a rack-rent Section 221(1)
the other consolidation Acts — the Water Industry Act 1991, ... the Land Drainage Act 1991 and the Water Consolidation (Consequential Provisions) Act 1991 Section 204(7)
the relevant amount — — for the purposes of subsection (1) above, the amount of the sum paid by the appropriate agency and, if an action has been brought against the appropriate agency in respect of the liability mentioned in that subsection, the amount of any costs reasonably incurred by the appropriate agency in connection with the action (including any costs of the plaintiff which the appropriate agency was required to pay); and for the purposes of subsections (2) and (3) above, the amount of the compensation and, if any question relating to that compensation is referred to the Upper Tribunal, the amount of any costs reasonably incurred by the appropriate agency in connection with that reference (including any costs of the claimant which the appropriate agency is required to pay) Section 63(4)
the relevant land — the land on which the applicant’s licence, as for the time being in force, authorises water abstracted in pursuance of the licence to be used for purposes which consist of or include spray irrigation Section 127(6)
the relevant Minister — — in relation to land in England, the Secretary of State; and in relation to land in Wales, the Welsh Ministers Section 154(8)
the restriction on abstraction — the restriction imposed by section 24(1) above Section 72(1)
the restriction on impounding works — the restriction imposed by section 25(1)(a) and (b) above Section 72(1)
the special land provisions — the provisions, as applied by virtue of sub-paragraph (1) above, of Part III of the Acquisition of Land Act 1981 or, as the case may require, of Part II of Schedule 3 to that Act; and “the relevant requirements”, in relation to an order or certificate, means the requirements of this Schedule and such requirements of the special land provisions or of any other enactment as are applicable to that order or certificate by virtue of this paragraph Schedule 19, paragraph 6(7)
the street works provisions — sections 159 and 162(2) of this Act Schedule 22, paragraph 3(7)
the Water Framework Directive — Directive 2000/60/EC of the European Parliament and of the Council establishing a framework for Community action in the field of water policy , as last amended by Commission Directive 2014/101/EU Section 93(7)
the WFD Regulations — the Water Environment (Water Framework Directive) (England and Wales) Regulations 2017 (S.I. 2017/407) Section 93(7)
unconfirmed order — an order confirming a special charges scheme, other than one which is itself confirmed under section 6 of the Statutory Orders (Special Procedure) Act 1945 Schedule 16, paragraph 10(1)
underground strata — strata subjacent to the surface of any land; “vessel” includes a hovercraft within the meaning of the Hovercraft Act 1968; “watercourse” includes (subject to sections 72(2) 113(1), 193(6) and 194(6) above) all rivers, streams, ditches, drains, cuts, culverts, dykes, sluices, sewers and passages through which water flows, except mains and other pipes which— belong to the Agency , the NRBW, or a water undertaker; or are used by a water undertaker or any other person for the purpose only of providing a supply of water to any premises; “water pollution provisions”, in relation to this Act, means the following provisions of this Act— and the following provisions of the 1995 Act, that is to say, the provisions of subsections (1) , (1A) and (2) of section 53. the provisions of Part III of this Act; sections 161 to 161D, 190, 202, and 203 above; and paragraph 4 of Schedule 25 to this Act and section 211 above so far as it relates to byelaws made under that paragraph Section 221(1)
unitary authority — — the council of a county, so far as it is the council of an area for which there are no district councils; the council of any district comprised in an area for which there is no county council; the council of a London borough; the council of a county borough in Wales Section 91B(8)
water environment — — or any flora or fauna dependent on any of them. any inland waters (including, in relation to a lake, pond, river or watercourse that is for the time being dry, its bottom, channel or bed), any water contained in underground strata, any underground strata themselves Section 61ZA(4)
water system — the canals, the harbours, or the canals and harbours constituting the system in question— together with the locks, docks, balancing reservoirs, weirs and other works associated with the system (other than any supply reservoir as described in subsection (4)(b) above); but excluding any part of the system which consists of a navigable river or part of one Section 26(5)
works notice — a works notice under section 161A above Section 161B(7)
works notice — a works notice under section 161A above Section 161C(5)
works notice — a works notice under section 161A above Section 161D(5)
works notice — a notice under section 161A Section 161ZC(7)
year — a period of twelve months beginning— with the date on which an agreement under this section comes into force or is proposed to come into force; or with an anniversary of that date Section 127(6)