Chwilio Deddfwriaeth

Chwiliad Uwch

The Incidental Flooding and Coastal Erosion (Wales) Order 2011

Help about what version

Pa Fersiwn

Help about advanced features

Nodweddion Uwch

Help about opening options

Dewisiadau Agor

Changes over time for: The Incidental Flooding and Coastal Erosion (Wales) Order 2011

Help about opening options

Changes to legislation:

There are currently no known outstanding effects for the The Incidental Flooding and Coastal Erosion (Wales) Order 2011. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

Welsh Statutory Instruments

2011 No. 2829 (W.302)

COAST PROTECTION, WALES

ENVIRONMENTAL PROTECTION, WALES

FLOOD RISK MANAGEMENT, WALES

The Incidental Flooding and Coastal Erosion (Wales) Order 2011

Made

22 November 2011

Coming into force

1 December 2011

The Welsh Ministers, in exercise of the powers conferred by sections 38(8) and 39(12) of the Flood and Water Management Act 2010(1) make the following Order.

A draft of this instrument has been laid before and approved by a resolution of the National Assembly for Wales pursuant to sections 38(9)(b) and 39(13)(b) of that Act.

Title, application and commencementE+W

1.  The title of this Order is the Incidental Flooding and Coastal Erosion (Wales) Order 2011; it applies in relation to Wales and comes into force on 1 December 2011.

Commencement Information

I1Art. 1 in force at 1.12.2011, see art. 1

InterpretationE+W

2.  In this Order—

(a)“the 1991 Act” (“Deddf 1991”) means the Water Resources Act 1991(2); and

(b)“the 2010 Act” (“Deddf 2010”) means the Flood and Water Management Act 2010.

Commencement Information

I2Art. 2 in force at 1.12.2011, see art. 1

Application of compulsory purchase provisions to section 38 of the 2010 ActE+W

3.—(1) Subject to paragraphs (3) and (4), section 154 of the 1991 Act(3) applies for the purposes of section 38 of the 2010 Act as if the functions referred to in section 154(1) of the 1991 Act included functions under section 38 of the 2010 Act.

(2) Section 157 of the 1991 Act(4) applies for the purposes of section 38 of the 2010 Act as if—

(a)section 157(2)(b) were omitted;

(b)the [F1references in section 157(6)(a) and (7)(a)] to an order under section 168 were omitted; and

(c)section 157(6)(c) to (e) [F2and (7)(c)] were omitted.

(3) An authorisation to [F3the Natural Resources Body for Wales or] [F4the Natural Resources Body for Wales] under section 154 of the 1991 Act as applied by paragraph (1) may be given only for the purposes of enabling [F5compliance with the legislation which implemented]—

(a)the Habitats Directive in relation to any steps and measures under Article 6 of that Directive or policies under Article 10 of that Directive;

(b)the Water Framework Directive in relation to any environmental objectives; or

(c)the Wild Birds Directive in relation to any steps and measures under Articles 2, 3 or 4 of that Directive.

(4) In this article—

[F6(a)“environmental objectives” has the same meaning as in the Water Environment (Water Framework Directive) (England and Wales) Regulations 2017;]

(b)“the Habitats Directive” (“y Gyfarwyddeb Cynefinoedd”) means Council Directive 92/43/EEC on the conservation of natural habitats and of wild fauna and flora(5) [F7, as last amended by Council Directive 2013/17(EU)];

(c)“the Water Framework Directive” (“y Gyfarwyddeb Fframwaith Dŵr”) 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(6) [F8, as last amended by Commission Directive 2014/101/EU]; F9...

(d)“the Wild Birds Directive” (“ y Gyfarwyddeb Adar Gwyllt”) means Directive 2009/147/EC of the European Parliament and of the Council on the conservation of wild birds(7) [F10, as last amended by Council Directive 2013/17/EU].

Textual Amendments

Commencement Information

I3Art. 3 in force at 1.12.2011, see art. 1

Application of compulsory purchase provisions to section 39 of the 2010 ActE+W

4.—(1) Section 154 of the 1991 Act applies for the purposes of section 39 of the 2010 Act as if—

(a)the words “A local authority” were substituted for the words “The Agency [F11or the NRBW]” where they first appear in section 154(1);

(b)the functions referred to in section 154(1) included functions under section 39 of the 2010 Act;

(c)the words “the local authority” were substituted for F12...—

(i)[F13the words “the Agency or the NRBW” in] the second place they appear in section 154(1);

[F14(ia)the words “the Agency or, as the case may be, by the NRBW” in section 154(2);]

(ii)[F15the words “the Agency or the NRBW”] in section 154(2), (3) and (4); and

(iii)[F16the words “the Agency or the NRBW” and “the Agency or, as the case may be, the NRBW”] in section 154(6); and

(d)“local authority” has the same meaning as in section 39(6) of the 2010 Act.

[F17(e)section 154(7) were omitted.]

(2) Section 157 of the 1991 Act applies for the purposes of section 39 of the 2010 Act as if—

(a)the words “A local authority” were substituted for the words “The Agency [F18and the NRBW]” where they appear in section 157(1);

(b)the words “the local authority” were substituted for the words “the Agency [F19or, as the case may be, the NRBW]” where they appear in section 157(2)(a) F20...;

(c)section 157(2)(b) [F21and (6)] were omitted;

[F22(ca)the words “the local authority” were substituted for the words “the NRBW” where they appear in section 157(7);]

(d)the reference in section [F23157(7)(a)] to an order under section 168 were omitted;

(e)section [F24157(7)(c)] were omitted; and

(f)“local authority” had the same meaning as in section 39(6) of the 2010 Act.

Textual Amendments

Commencement Information

I4Art. 4 in force at 1.12.2011, see art. 1

Application of power of entry provisions to section 38 of the 2010 ActE+W

5.—(1) Section 170 of the 1991 Ac(8)) applies for the purposes of section 38 of the 2010 Act as if the reference in subsection (4) to any power conferred by any of the provisions of sections 159, 160, 162(2) and (3) and 163 of the 1991 Act were a reference to any power conferred by section 38 of the 2010 Act.

(2) Section 171 of the 1991 Act(9) applies for the purposes of section 38 of the 2010 Act as if—

(a)the functions referred to in section 171(2)(a) included functions under section 38 of the 2010 Act; and

(b)section 171(2)(b) were omitted.

(3) Schedule 20 to the 1991 Act(10) applies for the purposes of section 38 of the 2010 Act as if—

(a)the references in paragraphs 1 and 2(1)(a) to powers conferred by sections 169 to 172 of the 1991 Act were references to powers conferred by section 170 or 171 of the 1991 Act as applied by this article;

(b)the words “the premises in question are on agricultural land,” were inserted after “where” in paragraph 1(2);

(c)the reference in paragraph 1(3) to the power conferred by section 170 of the 1991 Act were a reference to that power as applied by this article;

(d)the reference in paragraph 2(4) to the power conferred by section 171 of the 1991 Act were a reference to that power as applied by this article;

(e)references to a power to which Schedule 20 applies were references to any power conferred by section 170 or 171 of the 1991 Act as applied by this article, including a power exercisable by virtue of a warrant under Schedule 20;

(f)paragraph 8(2) were omitted; and

(g)“agricultural land” had the same meaning as in section 145 of the 1991 Act.

Commencement Information

I5Art. 5 in force at 1.12.2011, see art. 1

Application of power of entry provisions to section 39 of the 2010 ActE+W

6.—(1) Section 170 of the 1991 Act applies for the purposes of section 39 of the 2010 Act as if—

(a)the words “a local authority” were substituted for the words “the Agency [F25or by the NRBW]”—

(i)where they appear in section 170(1); and

(ii)where they F26... appear in section 170(3);

(b)the words “the local authority” were substituted for the words “the Agency [F27or the NRBW]”—

(i)where they appear in section 170(2); and

(ii)[F28where] they appear in section 170(3);

(c)the reference in subsection (4) to any power conferred by any of the provisions of sections 159, 160, 162(2) and (3) and 163 of the 1991 Act were a reference to any power conferred by section 39 of the 2010 Act; and

(d)“local authority” had the same meaning as in section 39(6) of the 2010 Act.

(2) Section 171 of the 1991 Act applies for the purposes of section 39 of the 2010 Act as if—

(a)the words “a local authority” were substituted for the words “the Agency [F29or by the NRBW]” where they appear in section 171(1);

(b)the words “the local authority” were substituted for the words “the Agency [F30or the NRBW]” where they appear in section 171(2)(a) and (3)(c);

(c)the functions referred to in section 171(2)(a) included functions under section 39 of the 2010 Act;

(d)section 171(2)(b) [F31and (6)] were omitted; and

(e)“local authority” had the same meaning as in section 39(6) of the 2010 Act.

(3) Schedule 20 to the 1991 Act applies for the purposes of section 39 of the 2010 Act as if—

(a)the references in paragraphs 1 and 2(1)(a) to powers conferred by sections 169 to 172 of the 1991 Act were references to powers conferred by section 170 or 171 of the 1991 Act as applied by this article;

(b)the words “the premises in question are on agricultural land” were inserted after “where” in paragraph 1(2);

(c)the reference in paragraph 1(3) to the power conferred by section 170 of the 1991 Act were a reference to that power as applied by this article;

(d)the reference in paragraph 2(4) to the power conferred by section 171 of the 1991 Act were a reference to that power as applied by this article;

(e)references to a power to which Schedule 20 applies were references to any power conferred by section 170 or 171 of the 1991 Act as applied by this article, including a power exercisable by virtue of a warrant under Schedule 20;

(f)the words “a local authority” were substituted for “the Agency [F32or the NRBW]” in paragraphs 6(3)(b) F33...;

[F34(fa)the words “or a local authority” were substituted for “, the Agency or the NRBW” in paragraph 8(1);]

(g)paragraph 8(2) were omitted;

(h)“agricultural land” had the same meaning as in section 145 of the 1991 Act; and

(i)“local authority” had the same meaning as in section 39(6) of the 2010 Act.

Textual Amendments

Commencement Information

I6Art. 6 in force at 1.12.2011, see art. 1

Application of compensation provisions to section 38 of the 2010 ActE+W

7.  Subparagraphs (1) and (2) of paragraph 5 of Schedule 21 to the 1991 Act(11) apply for the purposes of section 38 of the 2010 Act as if the reference to powers under section 165(1) to (3) of the 1991 Act were a reference to powers under section 38 of the 2010 Act.

Commencement Information

I7Art. 7 in force at 1.12.2011, see art. 1

Application of compensation provisions to section 39 of the 2010 ActE+W

8.  Subparagraphs (1) and (2) of paragraph 5 of Schedule 21 to the 1991 Act apply for the purposes of section 39 of the 2010 Act as if—

(a)the words “a local authority” were substituted for the words “the [F35appropriate agency]” where they first appear;

(b)the words “the local authority” were substituted for the words “the [F35appropriate agency]” the second place they appear;

(c)the reference to powers under section 165(1) to (3) of the 1991 Act were a reference to powers under section 39 of the 2010 Act; and

(d)“local authority” had the same meaning as in section 39(6) of the 2010 Act.

Textual Amendments

Commencement Information

I8Art. 8 in force at 1.12.2011, see art. 1

John Griffiths

Minister for Environment and Sustainable Development, one of the Welsh Ministers

22 November 2011

Explanatory Note

(This note is not part of the Order)

This Order relates to the incidental flooding and coastal erosion works powers of the Environment Agency and local authorities under sections 38 and 39 respectively of the Flood and Water Management Act 2010 (c. 29). Those sections empower the Environment Agency and local authorities to carry out certain works in the interests of nature conservation, the preservation of cultural heritage or people’s enjoyment of the environment or of cultural heritage.

This Order applies the relevant provisions of the Water Resources Act 1991 (c. 57) relating to compulsory purchase, powers of entry, and compensation to the exercise of the powers under sections 38 and 39.

It also modifies the application of those provisions for the purposes of section 38 so that—

(a)the Environment Agency may not exercise the powers of compulsory purchase except for the purpose of enabling the United Kingdom to comply with its obligations under certain named EU Directives;

(b)the Environment Agency and local authorities must give 7 days' notice before exercising the powers of entry in relation to agricultural land (except in an emergency).

The Welsh Ministers' Code of Practice on the carrying out of Regulatory Impact Assessments was considered in relation to this Order. As a result, a regulatory impact assessment has been prepared as to the likely costs and benefits of complying with this Order. A copy can be obtained from the Sustainable Places Division, Department for Environment and Sustainable Development, Welsh Government, Cathays Park, Cardiff, CF10 3NQ.

(1)

2010 c. 29; the power is conferred by sections 38(8) and 39(12) of the Flood and Water Management Act 2010 on “the Minister”, and sections 38(10) and 39(14) of that Act define “the Minister” for the purposes of these sections.

(3)

Section 154 was amended by the Environment Act 1995 (c. 25), section 120 and Schedule 22, paragraphs 128 and 157. The functions are conferred on the Ministers which is defined in section 222(1) of the Water Resources Act 1991 as the Secretary of State and the Minister. The relevant functions of the Secretary of State were transferred to the National Assembly for Wales by virtue of article 2 to, and Schedule 1 of the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672). Those functions are now exercisable by the Welsh Ministers by virtue of section 162 of, and paragraph 30 of Schedule 11 to the Government of Wales Act 2006 (c. 32).

(4)

Section 157 was amended by the Environment Act 1995, section 120 and Schedule 22, paragraphs 128 and 159. The functions are conferred on the Ministers which is defined in section 222(1) of the Water Resources Act 1991 as the Secretary of State and the Minister. The relevant functions of the Secretary of State were transferred to the National Assembly for Wales by virtue of article 2 to, and Schedule 1 of the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672). Those functions are now exercisable by the Welsh Ministers by virtue of section 162 of, and paragraph 30 of Schedule 11 to the Government of Wales Act 2006.

(5)

OJ No L 206, 22.7.1992, p.7, last amended by Council Directive 2006/105/EC (OJ No L 363, 20.12.2006, p.368).

(6)

OJ No L 327, 22.12.2000, p.1, last amended by Directive 2009/31/EC of the European Parliament and of the Council on the geological storage of carbon dioxide (OJ No L 140, 5.6.2009, p.114).

(7)

OJ No L 20, 26.1.2010, p.7.

(8)

Section 170 was amended by the Environment Act 1995, section 120 and Schedule 22, paragraph 128.

(9)

Section 171 was amended by the Environment Act 1995, section 120 and Schedule 22, paragraph 128. The relevant functions of the Secretary of State were transferred to the National Assembly for Wales by virtue of article 2 to, and Schedule 1 of the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672). Those functions are now exercisable by the Welsh Ministers by virtue of section 162 of, and paragraph 30 of Schedule 11 to the Government of Wales Act 2006.

(10)

Schedule 20 was amended by the Environment Act 1995, section 120 and Schedule 22, paragraphs 128 and 188, and S.I. 2009/1307. The relevant functions of the Secretary of State were transferred to the National Assembly for Wales by virtue of article 2 to, and Schedule 1 of the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672). Those functions are now exercisable by the Welsh Ministers by virtue of section 162 of, and paragraph 30 of Schedule 11 to the Government of Wales Act 2006.

(11)

Subparagraphs (1) and (2) of paragraph 5 of Schedule 21 were amended by the Environment Act 1995, section 120 and Schedule 22, paragraphs 128, and S.I. 2009/1307. The relevant functions of the Secretary of State were transferred to the National Assembly for Wales by virtue of article 2 to, and Schedule 1 of the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672). Those functions are now exercisable by the Welsh Ministers by virtue of section 162 of, and paragraph 30 of Schedule 11 to the Government of Wales Act 2006.

Yn ôl i’r brig

Options/Help

Print Options

Close

Mae deddfwriaeth ar gael mewn fersiynau gwahanol:

Y Diweddaraf sydd Ar Gael (diwygiedig):Y fersiwn ddiweddaraf sydd ar gael o’r ddeddfwriaeth yn cynnwys newidiadau a wnaed gan ddeddfwriaeth ddilynol ac wedi eu gweithredu gan ein tîm golygyddol. Gellir gweld y newidiadau nad ydym wedi eu gweithredu i’r testun eto yn yr ardal ‘Newidiadau i Ddeddfwriaeth’. Dim ond yn Saesneg y mae’r fersiwn ddiwygiedig ar gael ar hyn o bryd.

Gwreiddiol (Fel y’i Deddfwyd neu y’i Gwnaed) - Saesneg: Mae'r wreiddiol Saesneg fersiwn y ddeddfwriaeth fel ag yr oedd pan gafodd ei deddfu neu eu gwneud. Ni wnaed unrhyw newidiadau i’r testun.

Gwreiddiol (Fel y’i Deddfwyd neu y’i Gwnaed)-Cymraeg:Y fersiwn Gymraeg wreiddiol o’r ddeddfwriaeth fel yr oedd yn sefyll pan gafodd ei deddfu neu ei gwneud. Ni wnaed unrhyw newidiadau i’r testun.

Close

Gweler y wybodaeth ychwanegol ochr yn ochr â’r cynnwys

Rhychwant ddaearyddol: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Dangos Llinell Amser Newidiadau: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Dewisiadau Agor

Dewisiadau gwahanol i agor deddfwriaeth er mwyn gweld rhagor o gynnwys ar y sgrin ar yr un pryd

Close

Rhagor o Adnoddau

Gallwch wneud defnydd o ddogfennau atodol hanfodol a gwybodaeth ar gyfer yr eitem ddeddfwriaeth o’r tab hwn. Yn ddibynnol ar yr eitem ddeddfwriaeth sydd i’w gweld, gallai hyn gynnwys:

  • y PDF print gwreiddiol y fel deddfwyd fersiwn a ddefnyddiwyd am y copi print
  • rhestr o newidiadau a wnaed gan a/neu yn effeithio ar yr eitem hon o ddeddfwriaeth
  • manylion rhoi grym a newid cyffredinol
  • pob fformat o’r holl ddogfennau cysylltiedig
  • slipiau cywiro
  • dolenni i ddeddfwriaeth gysylltiedig ac adnoddau gwybodaeth eraill
Close

Llinell Amser Newidiadau

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

Rhagor o Adnoddau

Defnyddiwch y ddewislen hon i agor dogfennau hanfodol sy’n cyd-fynd â’r ddeddfwriaeth a gwybodaeth am yr eitem hon o ddeddfwriaeth. Gan ddibynnu ar yr eitem o ddeddfwriaeth sy’n cael ei gweld gall hyn gynnwys:

  • y PDF print gwreiddiol y fel gwnaed fersiwn a ddefnyddiwyd am y copi print
  • slipiau cywiro

liciwch ‘Gweld Mwy’ neu ddewis ‘Rhagor o Adnoddau’ am wybodaeth ychwanegol gan gynnwys

  • rhestr o newidiadau a wnaed gan a/neu yn effeithio ar yr eitem hon o ddeddfwriaeth
  • manylion rhoi grym a newid cyffredinol
  • pob fformat o’r holl ddogfennau cysylltiedig
  • dolenni i ddeddfwriaeth gysylltiedig ac adnoddau gwybodaeth eraill