Water Resources Act 1963

PART V Charges for Licences to Abstract or Impound Water

57 Licence fees

(1) On the granting of a licence under this Act to abstract water, and annually thereafter so long as such a licence continues in force, there shall be payable to the river authority by the holder of the licence a fee of which the amount (subject to subsection (4) of this section) shall be five pounds or such other sum as is for the time being prescribed for the purposes of this subsection by order of the Minister.

(2) The preceding subsection shall apply to a combined licence granted in accordance with section 37 (3) of this Act as it applies to licences which relate only to abstracting water.

(3) On the granting of a licence under section 36 of this Act, there shall be payable to the river authority by the holder of the licence a fee of five pounds or such other sum as is for the time being prescribed for the purposes of this subsection by order of the Minister:

Provided that this subsection shall not apply to such a combined licence as is mentioned in the last preceding subsection.

(4) In respect of any licence under this Act which relates only to the abstraction of water from underground strata for agricultural purposes other than spray irrigation, the amount of any fee payable under subsection (1) of this section shall be one-fifth of the amount which would be payable apart from this subsection.

58 Charging schemes

(1) As soon as practicable after the second appointed day, each river authority shall prepare and submit to the Minister a scheme (in this Act referred to as a " charging scheme ") providing for the levying of charges (in addition to fees charged under the last preceding section) in respect of licences to abstract water granted under this Act.

(2) A charging scheme shall provide that the charges to be levied under the scheme in the case of any licence shall be calculated by reference to the quantity of water authorised to be abstracted from time to time in pursuance of the licence.

(3) Subject to the last preceding subsection, a charging scheme may provide for the levying of charges thereunder at different rates in respect of water authorised to be abstracted in different relevant circumstances; but (without prejudice to the effect of any agreement made under the following provisions of this Part of this Act relating to exemption from and reduction of charges) the charges levied under a charging scheme in any financial year of the river authority shall be levied on all persons at the same rates in respect of the same quantity of water authorised to be abstracted in the same relevant circumstances.

(4) For the purposes of the last preceding subsection the following shall be taken to be relevant circumstances, that is to say—

(a) the characteristics (whether generator special) of the source of supply from which the water is authorised to be abstracted;

(b) the season of the year at which the water is authorised to be abstracted;

(c) the purposes for which, in accordance with the provisions of the licence, the water is authorised to be used ; and

(d) the way in which the water is to be disposed of after being used for the purposes specified in the licence.

(5) Subject to the preceding provisions of this section—

(a) the rates of charges specified in a charging scheme shall be maximum rates, and shall be calculated with a view to their remaining in force without variation (save in exceptional circumstances) over a period of five years from the time when the scheme was prepared, and

(b) the charges levied under the scheme in any financial year of the river authority shall be levied at such rates (not exceeding the maximum rates specified in the scheme) as appear to the river authority to be requisite for balancing their water resources account.

(6) In the last preceding subsection the reference to balancing the water resources account of a river authority is a reference to securing that, taking one year with another, the receipts of the river authority which, in accordance with the provisions of Part VIII of this Act, are credited to their water resources account are, as nearly as may be, equal to (but not greater than) the expenses and other amounts which, in accordance with those provisions, are debited to that account.

59 Supplementary provisions as to charging schemes

(1) The provisions of Part I of Schedule 7 to this Act shall have effect in relation to a charging scheme, as if any reference to a draft statement were a reference to a charging scheme as prepared by the river authority:

Provided that paragraph 4 of that Schedule shall have effect in relation to a charging scheme with the omission of sub-paragraphs (c) to (h).

(2) A charging scheme approved by the Minister (with or without modifications) shall come into operation on such date as may be specified in the scheme as so approved.

(3) The date so specified shall be not later than the 1st April 1969:

Provided that the Minister may in any particular case fix a later date for the coming into operation of a charging scheme if, after consultation with the river authority and with each of the constituent councils of the river authority, he considers that by reason of special circumstances it is necessary or expedient to do so.

60 Exemptions from, and reduction of, charges

(1) A river authority, ether before or after the coming into operation of a charging scheme prepared by the authority, may, on the application of any person, make an agreement with him ether exempting him from the payment of charges under the scheme or providing for charges to be levied on him under the scheme at reduced rates specified in the agreement.

(2) In the exercise of their powers under the preceding subsection in relation to any person, a river authority shall have regard to—

(a) the extent to which any works constructed (whether before or after the passing of this Act) by that person or any works to be constructed by him have made, or will make, a beneficial contribution towards the fulfilment of the purposes of the river authority's new functions;

(b) any financial assistance which that person has rendered, or has agreed to render, towards the carrying out of works by the river authority in the performance of those functions;

(c) any other material considerations.

(3) The Minister may give directions as to the exercise by river authorities of their powers under subsection (1) of this section.

(4) Without prejudice to the exercise of the power conferred by the last preceding subsection, if on any application under this section the river authority refuse to make an agreement with the applicant as mentioned in subsection (1) of this section, or the applicant objects to the terms of such an agreement as proposed by the river authority and that objection is not withdrawn, the applicant or the river authority may refer the question in dispute to the Minister; and on any such reference the Minister shall determine that question, having regard to the matters to which, in accordance with subsection (2) of this section, the river authority were required to have regard in relation to the applicant.

(5) Any decision of the Minister on a reference under the last preceding subsection shall be final; and the Minister may give directions to the river authority requiring them to make an agreement with the applicant in accordance with his decision.

(6) Every charging scheme shall make provision for securing that no charges will be levied under the scheme in respect of water authorised by a licence to be abstracted from underground strata, in so far as the water is authorised to be abstracted for use for agricultural purposes other than spray irrigation.

61 Revision of charging schemes

(1) Where a charging scheme prepared by a river authority is for the time being in force—

(a) the river authority, or

(b) any statutory water undertakers who are the holders of a licence under this Act to abstract water from a source of supply in the area of the river authority, or

(c) any persons who are in the aggregate the holders of not less than ten licences for the time being in force under this Act to abstract water from sources of supply in that area,

may apply to the Minister for a revision of that scheme.

(2) Any application under this section shall include the submission of a new charging scheme prepared by the applicants, ether by way of variation of, or in substitution for, the charging scheme as in force at the time of the application.

(3) The Minister shall not entertain an application under this section which is made before the end of the period of five years beginning with the date on which, in the case of the river authority in question, the charging scheme originally prepared by them or (as the case may be) the revision last applied for under this section was approved by the Minister (with or without modifications), unless it appears to the Minister that there are exceptional circumstances which render an earlier revision necessary or expedient.

(4) Subsections (2) to (6) of section 58, subsection (6) of section 60, and, where the applicants are the river authority, subsection (1) of section 59 of this Act shall have effect in relation to a charging scheme prepared under this section as they have effect in relation to a charging scheme prepared under section 58 of this Act.

(5) In relation to a charging scheme prepared under this section by applicants other than the river authority, the provisions of Part I of Schedule 7 to this Act shall have effect subject to the following modifications, that is to say:—

(a) any reference to a draft statement shall be construed as a reference to a charging scheme as prepared by the applicants;

(b) except in paragraph 9 of that Schedule, any reference to the river authority, unless the reference is to the river authority area, shall be construed as a reference to the applicants;

(c) in paragraph 9 of that Schedule, the first reference to the river authority shall be construed as a reference to the applicants and the second such reference shall be construed as a reference to the river authority and the applicants;

(d) the river authority shall be included among the bodies on whom, under paragraph 4 of that Schedule, a copy of the notice is required to be served, and sub-paragraphs (c) to (h) of that paragraph shall be omitted.

(6) A charging scheme prepared under this section which is approved by the Minister (with or without modifications) shall come into operation on such date as may be specified in the scheme as so approved.

(7) Where a charging scheme prepared by a river authority has been revised under this section, any reference in the last preceding section to a charging scheme prepared by the river authority shall be construed as a reference to the charging scheme relating to licences granted by that authority, in the form in which such a scheme is for the time being in force.

62 Charges pending commencement of charging schemes

(1) In respect of water authorised to be abstracted in pursuance of a licence under this Act granted by a river authority, other than a licence of right, during the period beginning with the date on which the licence comes into force and ending with the date of the coming into operation of a charging scheme prepared by the river authority, charges shall be payable at such rates as may be agreed between the river authority and the holder of the licence, or, in default of such agreement, at such rates as, on a reference of the matter to the Minister, may be determined by him to be appropriate in accordance with the next following subsection.

(2) In agreeing or determining the rates of charges under this section, a river authority or the Minister, as the case may be, shall have regard to the principles which in accordance with sections 58 and 60 of this Act, would apply to rates under a charging scheme and to exemptions from, or reductions of, rates under such a scheme.

63 Special charges in respect of spray irrigation

(1) Where a person (in this section referred to as "the applicant") is for the time being the holder of a licence under this Act to abstract water, and in accordance with the provisions of the licence (in this section referred to as " the relevant licence ")—

(a) the water is to be used on land of which the applicant is the occupier, and

(b) the purposes for which water abstracted in pursuance of the licence is to be used consist of or include spray irrigation,

the applicant, ether before or after the coming into operation of a charging scheme prepared by the river authority, may apply to the river authority to make an agreement with him under this section, and, subject to the following provisions of this section, the river authority may make such an agreement accordingly.

(2) During any period for which an agreement under this section is in force, charges shall be payable by the applicant to the river authority in respect of the relevant licence, in so far as it relates to waiter authorised to be abstracted and used on the relevant land, as follows, that is to say—

(a) basic charges calculated in accordance with the agreement by reference to the quantity of water authorised to be so abstracted and used from time to time in pursuance of the licence, and

(b) supplementary charges calculated in accordance with the agreement by reference to the quantity of water which is measured or assessed as being abstracted from time to time by or on behalf of the applicant from the source of supply to which the relevant licence relates for use on the relevant land.

(3) In determining whether to make an agreement with the applicant under this section, and in determining the charges to be leviable under such an agreement, the river authority shall have regard to the extent to which, in any year within the period proposed to be specified in the agreement as the period for which it is made, the quantity of water referred to in paragraph (a) of the last preceding subsection is likely to exceed the quantity referred to in paragraph (b) of that subsection.

(4) The period specified in an agreement under this section as the period for which it is made shall not be less than five years.

(5) An agreement under this section shall remain in force until the occurrence of whichever of the following events first occurs, that is to say—

(a) the period specified in the agreement, as mentioned in the last preceding subsection, comes to an end ;

(b) the relevant licence expires or is revoked;

(c) the applicant ceases to be the occupier of the relevant land, or, if he has previously ceased to be the occupier of a part or parts of that land, ceases to be the occupier of the remainder of it;

(d) the agreement is terminated under the next fallowing subsection.

(6) At any time while an agreement under this section is in force, the applicant may apply to the river authority to terminate the agreement; and if on any such application the river authority are satisfied that, by reason of any change of circumstances since the agreement was made, it ought to be terminated, the river authority may terminate the agreement, ether unconditionally or subject to such conditions (whether as to any payment to be made by the applicant or otherwise) as the river authority and the applicant may agree.

(7) The provisions of subsections (3) to (5) of section 60 of this Act shall have effect in relation to applications and to the exercise of powers under this section as they have effect in relation to applications and to the exercise of powers under that section, as if in those provisions any reference to the making of an agreement or to the terms of an agreement included a reference to the termination of an agreement or to the conditions subject to which an agreement is to be terminated, as the case may be.

(8) Where the relevant licence authorises waiter abstracted in pursuance of the licence to be used on the relevant land for purposes which include spray irrigation and other purposes.—

(a) any agreement made under this section shall provide for apportioning, as between those purposes respectively, the quantity referred to in paragraph (a) and the quantity referred to in paragraph (b) of subsection (2) of this section ;

(b) subsection (2) of this section shall have effect as if in each of those paragraphs the reference to the quantity of water therein mentioned were a reference to so much of that quantity as in accordance with the agreement is apportioned to the purpose of spray irrigation ;

(c) in subsection (3) of this section any reference to ether of those paragraphs shall be construed as a reference to that paragraph as modified by paragraph (b) of this subsection; and

(d) subject to the provisions of this Part of this Act other than this section, charges shall be leviable in accordance with any charging scheme for the time being in force in respect of so much of the quantity referred to in paragraph (a) of subsection (2) of this section as in accordance with the agreement is apportioned to purposes other than spray irrigation.

(9) Subject to the last preceding subsection, where an agreement under this section is in force, then in so far as the relevant licence relates to water authorised to be abstracted and used on the relevant land, the provisions of this section shall have effect notwithstanding anything contained in any other provision of this Part of this Act or in any charging scheme; but—

(a) nothing in this section or in any agreement made thereunder shall affect the operation of any other provision of this Part of this Act or of any charging scheme in relation to a licence in so far as it authorises water abstracted in pursuance of the licence to be used on any land other than the relevant land, and

(b) nothing in this section or in any such agreement shall affect the operation of section 57 of this Act.

(10) An application under subsection (1) of this section may be made by a person who has applied for, but is not yet the holder of, a licence under this Act to abstract water; and, in relation to an application so made or to an agreement made on such an application.—

(a) the reference in that subsection to the provisions of the relevant licence shall be construed as a reference to the proposals contained in the application for a licence, and

(b) any other reference in this section to the relevant licence shall be construed as a reference to any licence granted to the applicant in pursuance of the last-mentioned application or in pursuance of an appeal consequential upon the last-mentioned application.

(11) In this section "the relevant land" means the land on which the relevant 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, and " year " means a period of twelve months beginning with the date on which an agreement under this section comes or is proposed to come into force or beginning with an anniversary of that date.

64 Enforcement of charges

(1) Any fees or other charges payable to a river authority by virtue of this Part of this Act shall be recoverable by the authority as a simple contract debt in any court of competent jurisdiction.

(2) Without prejudice to the recovery of any such charges in accordance with the preceding subsection, if the charges payable in respect of a licence under this Act are not paid within fourteen days after a notice in writing demanding them has been served on the holder of the licence, the river authority may by notice in writing suspend the operation of the licence until the charges have been paid.