- agricultural buildings
has the meaning provided by section 26(4) of the General Rate Act 1967 as amended by the Rating Act 1971;
- agricultural land
means— (a) land used as arable, meadow or pasture ground only;
- agriculture
has the same meaning as in the Agriculture Act 1947 and “agricultural” shall be construed accordingly;
- appropriate national authority
means—
- banks
means 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;
- benefice
means an ecclesiastical benefice of the Church of England;
- boat
includes a vessel of any description, and “boating” shall be construed accordingly.
- called-in application
means an application referred to the Secretary of State in accordance with directions under section 41 above.
- chargeable land
means 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;
- commercial woodlands
means woodlands managed on a commercial basis with a view to the realisation of profits;
- communication works
means airways, headways, gateways or water levels.
- compensation water
has the same meaning as in section 77 above;
- compulsory works order
means an order under section 168 of this Act;
- conservancy authority
means 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;
- consumer
has the same meaning as in Part III of that Act.
- contravention
includes a failure to comply, and cognate expressions shall be construed accordingly;
- controlled waters
has the same meaning as in Part 3 of this Act...
- conveyance
has the same meaning as in the Law of Property Act 1925;
- Crown or Duchy interest
means 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;
- Crown premises
means premises held by or on behalf of the Crown.
- decision
includes a direction;
- discharge pipe
means a pipe from which discharges are or are to be made under section 163 above;
- discrete waters
means inland waters so far as they comprise— (a) a lake, pond or reservoir which does not discharge to any other inland waters;
- drainage
has the same meaning as in Part IV above;
- drainage body
has the same meaning as in section 108 of this Act.
- drainage charge
means general drainage charge or special drainage charge;
- drainage works
has the meaning given by section 113 above for the purposes of Part IV of this Act;
- drought order
means an ordinary drought order under subsection (1) of section 73 above or an emergency drought order under subsection (2) of that section;
- drought permit
means a drought permit under this section;
- ecclesiastical property
means land which— (a) belongs to a benefice;
- effluent
means any liquid, including particles of matter and other substances in suspension in the liquid;
- emergency fisheries byelaw
means a byelaw made under paragraph 6 of Schedule 25 to this Act (fisheries) in the circumstances in sub-paragraph (2) below.
- enactment
includes an enactment contained in this Act or in any Act passed after this Act;
- England
includes the territorial sea adjacent to England not forming any part of Wales and “Wales” has the meaning given by section 158(1) of the Government of Wales Act 2006;
- environmental permit
has the same meaning as in the Environmental Permitting Regulations;
- Environmental Permitting Regulations
means the Environmental Permitting (England and Wales) Regulations 2016 (S.I. 2016/1154);
- exemption
means the disapplication of the restriction on abstraction under or by virtue of section 27 or 33A above;
- expenses
includes costs;
- fault
has the same meaning as in the Law Reform (Contributory Negligence) Act 1945.
- financial year
means the twelve months ending with 31st March;
- flood defence
means the drainage of land and the provision of flood warning systems;
- flood risk management work
means anything done—
- flood risk management work provisions
means— (a) sections 159(1A), 160(1A), 165 and 166;
- foreshore
includes the shore and bed of the sea and of every channel, creek, bay, estuary and navigable river as far as the tide flows.
- full licence
has the meaning given in section 24A above;
- 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;
- harm
means 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.
- highway
has the same meaning as in the Highways Act 1980;
- house
includes any park or garden belonging to a house. 3 A person who is able to sell the house, building or factory (“the owner”) may serve a counter-notice requiring the authority to purchase the owner's interest in the house, building or factory. 4 A counter-notice under paragraph 3 must be served within the period of 28 days beginning with the day on which the notice to treat was served. 5 On receiving a counter-notice the acquiring authority must decide whether to— a withdraw the notice to treat, b accept the counter-notice, or c refer the counter-notice to the Upper Tribunal. 6 The authority must serve notice of their decision on the owner within the period of 3 months beginning wit
- hydromorphological quality element
has the same meaning as in the Water Framework Directive;
- impounding works
means either of the following, that is to say—
- information
includes anything contained in any records, accounts, estimates or returns;
- inland navigation
has the same meaning as in section 77 above.
- inland waters
means the whole or any part of— (a) 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;
- joint planning board
has the same meaning as in the Town and Country Planning Act 1990;
- lake or pond
includes a reservoir of any description;
- land transaction
has the meaning given by section 43(1) of the Finance Act 2003;
- land transaction return
has the meaning given by section 76(1) of that Act.
- local authority
means the council of any county, county borough, district or London borough or the Common Council of the City of London;
- local enactment
means— (a) a local or private Act;
- local statutory provision
means— (a) a provision of a local Act (including an Act confirming a provisional order);
- main river
means a main river within the meaning of Part IV of this Act;
- marine licence
has the same meaning as in Part 4 of the Marine and Coastal Access Act 2009.
- marine or aquatic environmental purposes
means—
- member
means any member of the Authority, including the chairman and the deputy chairman.
- micro-organism
includes any microscopic, biological entity which is capable of replication;
- miles
means international nautical miles of 1,852 metres;
- military or other designated service
means 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.
- mine
has the same meaning as in the Mines and Quarries Act 1954;
- mines
means mines of coal, ironstone, slate or other minerals;
- 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;
- navigation authority
means 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;
- new towns residuary body
means—
- notice
means notice in writing;
- point of abstraction
means 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;
- powers of compulsory acquisition
means any such powers as are mentioned in subsection (4)(a) of section 168 of this Act;
- prescribed
means prescribed by regulations made by the Secretary of State or, in relation to regulations made by the Minister, by those regulations;
- public authority
means 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;
- public sewer
means 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;
- railway company
means 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;
- records
includes computer records and any other records kept otherwise than in a document;
- registered land
has the same meaning as in the Land Registration Act 2002;
- regulations
means regulations made by the Secretary of State;
- related inland waters
has the same meaning as for the purposes of subsection (3) of section 21 of this Act is given by subsection (8) of that section.
- relevant authority
means any navigation authority, harbour authority or conservancy authority;
- relevant byelaws
means byelaws made (or treated as if made) by the NRBW in the exercise of any relevant transferred functions.
- relevant date
means the date which was the second appointed day for the purposes of section 133 of the Water Resources Act 1963.
- relevant environmental objective
means an environmental objective within the meaning of whichever of the following is applicable—
- relevant lake or pond
means (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;
- relevant land
means— (a) any land or waters in relation to which the works notice in question requires, or may require, works or operations to be carried out;
- relevant Minister
has the same meaning as in paragraph 10 above.
- relevant pipe
has the same meaning as in section 159 above.
- relevant quotient
means a quotient determined for the year concerned in accordance with rules contained in regulations made by either of the Ministers.
- relevant river or watercourse
has the same meaning as in section 104 above.
- relevant transferred functions
means any functions which— (a) were exercisable by the Agency before 1 April 2013, and (b) are functions of the NRBW by virtue of the Natural Resources Body for Wales (Functions) Order 2013, but this is subject to subsection (1A). • “resource main” means 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—
- relevant waterworks
means any waterworks which contain water which is or may be used by a water undertaker for providing a supply of water to any premises;
- relevant works power
means any power conferred by any of the provisions of sections 159, 160, 162(2) and (3) and 163 above.
- resource main
means 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—
- responsible person
means a person who has caused or knowingly permitted—
- restricted byway
has the same meaning as in Part 2 of the Countryside and Rights of Way Act 2000;................................
- right of access
means, 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;
- rough grazing land
means land of either of the following descriptions, that is to say—
- sewage effluent
includes any effluent from the sewage disposal or sewerage works of a sewerage undertaker but does not include surface water;
- sewerage services
has the same meaning as in the Water Industry Act 1991.
- signature
includes a facsimile of a signature by whatever process reproduced.
- source of supply
means— (a) any inland waters except, without prejudice to subsection (3) below in its application to paragraph (b) of this definition, any which are discrete waters;
- special charges scheme
means a scheme under section 137 of this Act;
- spray irrigation
means (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;
- statutory provision
means 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.
- stopcock
has the same meaning as in the Water Industry Act 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;
- supply of water in bulk
has the same meaning as in section 3 above.
- surface water
includes water from roofs;
- the 1954 Act
means the Mines and Quarries Act 1954;
- the 1995 Act
means the Environment Act 1995;
- the Agency
means the Environment Agency;
- the appropriate agency
means— (a) for the purposes of the flood risk management work provisions— (a) in relation to flood risks (within the meaning of the Flood and Water Management Act 2010) in Wales, the NRBW;
- the appropriate authority
has the same meaning as it has in Part XIII of the Town and Country Planning Act 1990 by virtue of section 293(2) of that Act;
- the appropriate body
means— (a) in relation to any act or omission of the Crown in England, the Agency;
- the appropriate national authority
means—
- the initial period
means the period of six months beginning with the day on which subsection (1) above comes into force;
- 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);
- the Minister
means the Minister of Agriculture, Fisheries and Food;
- the Ministers
means the Secretary of State and the Minister;
- the NRBW
means the Natural Resources Body for Wales;
- the official receiver
has the same meaning as it has in the Insolvency Act 1986 by virtue of section 399(1) of that Act;
- the other consolidation Acts
means the Water Industry Act 1991,... the Land Drainage Act 1991 and the Water Consolidation (Consequential Provisions) Act 1991.
- the relevant amount
means—
- the relevant land
means 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;
- the relevant Minister
means—
- the restriction on abstraction
means the restriction imposed by section 24(1) above;
- the restriction on impounding works
means the restriction imposed by section 25(1)(a) and (b) above;
- the special land provisions
means 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;
- the street works provisions
means sections 159 and 162(2) of this Act.
- the transfer date
has the same meaning as in Part I of the 1995 Act.
- the Water Framework Directive
means 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.
- the WFD Regulations
means the Water Environment (Water Framework Directive) (England and Wales) Regulations 2017 (S.I. 2017/407). • “the Water Framework Directive” means 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.
- 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;
- unconfirmed order
means 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.
- underground strata
means strata subjacent to the surface of any land;
- unitary authority
means— (a) the council of a county, so far as it is the council of an area for which there are no district councils;
- universal service provider
has the same meaning as in Part 3 of the Postal Services Act 2011;
- vessel
includes a hovercraft within the meaning of the Hovercraft Act 1968;
- Wales
has the meaning given by section 158(1) of the Government of Wales Act 2006;
- water environment
means— or any flora or fauna dependent on any of them.
- water system
means the canals, the harbours, or the canals and harbours constituting the system in question—
- 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— (a) belong to the Agency, the NRBW, or a water undertaker;
- waterway
has the same meaning as in the National Parks and Access to the Countryside Act 1949.
- waterworks
includes any water main, resource main, service pipe or discharge pipe and any spring, well, adit, borehole, service reservoir or tank.
- works notice
means a notice under section 161A.
- year
means a period of twelve months beginning—