Water Act 1973

Section 2.

SCHEDULE 2 Boundaries of Water Authority Areas and Area and Main River Maps

PART I Boundaries of Water Authority Areas

General

1 (1) An order under section 2 above which establishes a water authority or alters the boundaries of a water authority area shall define the water authority area to which it relates, and any waters comprised in it which it is necessary to define for the purpose of the exercise of any of the water authority's functions, in such a way that that area and any such waters can be identified by members of the public and. without prejudice to the 'generality of this paragraph, any such order may define the whole or any part of a water authority area or of any such waters—

(a) by reference to areas or waters defined for the purposes of the exercise of functions relating to water in enactments in force immediately before the passing of this Act;

(b) by reference to any map;

(c) by reference to any instrument made under an enactment;

or partly by one of those means and partly by another or the others.

(2) For the purposes of this Schedule a map of any area or any waters may consist of a number of maps of parts of that area or those waters and there may be different maps in relation to different functions of a water authority.

(3) In this Part of this Schedule " low-water mark " means low-water mark of ordinary spring tides, and "the sea" includes any bay, estuary or arm of die sea.

Seaward boundaries of water authority areas for general purposes

2 (1) Without prejudice to section 19(1) of the [1961 c. 48.] Land Drainage Act 1961, the seaward boundary of a water authority area for the purposes of the functions of the authority shall, except as provided by an order under section 2 above or paragraph 3, 4 or 5 below, be low water mark on the coast of the area.

(2) Subject to any order made under section 2 above, where a river, stream or other watercourse, whether natural or artificial and whether tidal or not, or any creek in so far as it does not form part of such a watercourse, discharges into the sea, the whole of the mouth of the watercourse within a line from low-water mark at the seaward extremity of one bank to low-water mark at the seaward extremity of the other bank, or the whole of the creek within such a line, as the case may be, shall form part of a water authority area, and, if both banks are in the same water authority area, shall form part of that water authority area.

(3) Where the entrance to a dock is on the coast, the whole of the dock shall form part of a water authority area, and, if both sides of the dock are in the same water authority area, shall form part of that water authority area.

(4) Where sub-paragraph (2) or sub-paragraph (3) above applies, but the banks of the watercourse or creek or the sides of the dock, as the case may be, are in different water authority areas, an order under section 2 above may designate the water authority area in which any part of the watercourse, creek or dock is to be comprised.

3 In any such case as is mentioned in paragraph 2(4) above, an order under section 2 above may designate any tidal waters and direct that, so far as they are below low-water mark, they shall be excluded from all the water authority areas ; and an order made solely for that purpose may designate the waters to which it applies as being all tidal waters which, in so far as they are below low-water mark, lie to seaward of a line specified in the order by reference to a map.

Seaward boundaries for the purposes of fisheries functions

4 (1) Subject to any order under section 2 above, for the purposes of the functions of a water authority relating to fisheries, the area of the authority shall include those tidal waters and parts of the sea adjoining the coast of the water authority area in which Her Majesty's subjects have the exclusive right of fishing.

(2) Any question arising under this paragraph as to the extent of the area of a water authority shall be determined by the Minister, whose decision shall be final.

Seaward boundaries for the purposes of river pollution functions

5 (1) Subject to any order under section 2 above, for the purposes of the functions of a water authority relating to the restoration and maintenance of the wholesomeness of rivers and other waters, the area of the authority shall include those tidal waters and parts of the sea adjoining the coast of the water authority area to which any of the provisions of the [1951 c. 64.] Rivers (Prevention of Pollution) Act 1951 apply—

(a) by virtue of an order made, or having effect as if made, under section 6 of that Act; or

(b) by virtue of section 9(2) of the [1961 c. 50.] Rivers (Prevention of Pollution) Act 1961 (which applies certain provisions of that Act to controlled waters as defined in the [1960 c. 54.] Clean Rivers (Estuaries and Tidal Waters) Act 1960).

(2) Any question arising under this paragraph as to the extent of the area of a water authority shall be determined by the Secretary of State, whose decision shall be final.

PART II Maps

6 In this Part of this Schedule—

• " area map " means a map of a water authority area;

• " main river map " means a map of a water authority area relating to a water authority's land drainage functions—

  (a)

  which shows by a distinctive colour the extent to which any watercourse in that area is to be treated as the main river, or part of the main river, for the purposes of Part II of the [1930 c. 44.] Land Drainage Act 1930, and

  (b)

  which indicates (by a distinctive colour or otherwise) which (if any) of those watercourses are watercourses designated in a scheme made under section 3 of the [1961 c. 48.] Land Drainage Act 1961 (designation of watercourses for drainage works in the interests of agriculture).

7 As soon as practicable after the coming into force of an order under section 2 above establishing a water authority or altering a water authority area, the Secretary of State shall send the authority one or more maps which are to be their area map in relation to their functions, except their land drainage functions, or shall notify them of-one or more maps which are to be their area map as aforesaid, or partly one and partly the other.

8 The main river maps on 1st April 1974 shall consist of the following maps, in so far as not replaced by maps sent to water authorities under paragraph 9 below:—

(a) in the case of the areas which immediately before that date consisted of the Thames Catchment Area and the Lee Catchment Area, of maps prepared under section 5 of the Land Drainage Act 1930 and current immediately before that date,

(b) in the case of other areas, of main river maps kept by river authorities immediately before that date under section 11 of the [1963 c. 38.] Water Resources Act 1963,

and in either case, shall also consist of any maps sent to water authorities under paragraph 9 below.

9 The Minister may at any time send a water authority one or more new maps to be substituted for the whole or part of the main river map of the authority's area, and containing a statement to that effect specifying the date on which the substitution is to take effect; and the substitution shall take effect in accordance with the statement.

10 Until a main river map of a water authority area has been prepared showing the boundaries of that area for the purposes of the water authority's land drainage functions, the boundaries of the water authority area as shown on the area map for the purposes of the authority's functions relating to water conservation shall be treated also as the boundaries of the water authority area for the purposes of their land drainage functions.

11 (1) Where—

(a) the area of a water authority is altered so as to affect any of the particulars shown on their main river map, or

(b) the Minister confirms a scheme under section 3 of the [1961 c. 48.] Land Drainage Act 1961, or

(c) a water authority apply to the Minister for the variation of their main river map, so far as it shows the extent to which any watercourse is to be treated as the main river or part of the main river,

the Minister shall take such action as he considers appropriate either—

(i) by requiring the relevant water authority to send him any part of their main river map, altering it and sending it back to them, or

(ii) by preparing a new main river map and sending it to the water authority, or

(iii) by notifying the authority that he does not intend to vary their main river map.

(2) Before altering a map or preparing a new map under paragraph (c) of sub-paragraph (1) above the Minister shall give notice of his intention to do so in such manner as he thinks best adapted for informing persons affected, and shall consider any objections made to him within the time and in the manner specified in that notice, and may then alter or prepare the map, whether in accordance with the proposals contained in the notice or otherwise.

12 (1) Every water authority shall, subject to paragraph 11(1) above, keep their area maps at their principal office and provide reasonable facilities for inspecting those maps and taking copies of and extracts from them.

(2) Any local authority whose area is wholly or partly within a water authority area shall, on application to the water authority, be entitled to be furnished with a copy of any of the authority's area maps, on payment of such sum as the local authority and the water authority may agree.

13 (1) An area map relating to any functions shall be conclusive evidence for all purposes as to the boundaries of the water authority area in relation to those functions.

(2) A main river map shall be conclusive evidence for all purposes as to what is the main river.

(3) An area map shall be taken to be a document within the meaning of the [1868 c. 37.] Documentary Evidence Act 1868, as that Act applies to the Secretary of State and the Minister; and that Act, as it so applies shall have effect—

(a) in relation to an area map other than a main river map, as if it had been issued by the Secretary of State and the Minister acting separately and not jointly ;

(b) in relation to a main river map, as if it had been issued by the Minister.

PART III Alteration of Boundaries

14 (1) Before making an order altering the boundaries of a water authority area the Ministers shall—

(a) consult with such persons or representative bodies as they consider it appropriate to consult at that stage;

(b) prepare a draft order;

(c) cause a notice to be published in the London Gazette and in such other manner as they think best adapted for informing persons affected—

(i) stating their intention to make the order and its general effect;

(ii) specifying the places where copies of the draft order and of any map to which it refers may be inspected by any person free of charge at all reasonable times during the period of twenty-eight days beginning with the date on which the notice is first published otherwise than in the London Gazette ; and

(iii) stating that any person may within that period by notice in writing to the Ministers object to die making of the order.

(2) The Ministers shall also cause copies of the notice and of the draft order to be served on any public authorities who appear to them to be concerned.

15 (1) Before making an order altering the boundaries of a water authority area, the Ministers shall consider any objections which may be duly made to the draft order, and may if they think fit cause a local inquiry to be held with respect to any such objections; and the Ministers may make the order either in the form of the draft or in that form as altered in such manner as they may think fit, but no order shall be made so as to include in any water authority area any tidal waters which would have been outside all the water authority areas if the order had been made in the form of the draft.

(2) Subsections (2) to (5) of section 250 of the 1972 Act shall apply in relation to a local inquiry under this paragraph as they apply to a local inquiry which a Minister causes to be held under subsection (1) of that section, but with the substitution in subsection (4) for the words " such local authority or " of the words " such water authority or ".

16 (1) Where an objection has been duly made by any body on whom notice is required to be served under paragraph 14 above and has not been withdrawn, then, if the order is made, the Ministers shall serve notice of the making of the order on every such body who has duly made an objection which has not been withdrawn.

(2) Where a notice is required to be served under sub-paragraph (1) above, the order shall not have effect before the expiry of a period of twenty-eight days from the date of service of that notice; and if within that period any such body gives notice to either of the Ministers objecting to the order, and the objection is not withdrawn, the order shall be subject to special parliamentary procedure.

17 A statutory instrument containing an order altering the boundaries of a water authority area which is not subject to special parliamentary procedure shall be subject to annulment in pursuance of a resolution of either House of Parliament.

18 After making an order altering the boundaries of a water authority area the Ministers shall publish in the London Gazette, and in such other manner as they think best adapted for informing persons affected, a notice stating that the order has been made and naming the places where a copy of the order may be seen at all reasonable hours:

Provided that, in the case of an order to which paragraph 16(2) above applies, the notice shall not be published until the expiry of the period of twenty-eight days referred to in that sub-paragraph, and shall state whether or not the order is to be subject to special parliamentary procedure.

19 (1) Subject to sub-paragraph (2) below, if any person desires to question the validity of an order altering the boundaries of a water authority area on the ground that it is not within the powers of this Act, or that any requirement of this Act has not been complied with, he may, within six weeks after the first publication of the notice required by paragraph 18 above, make an application for the purpose to the High Court; and if any such application is duly made, the court, if satisfied that the order is not within the powers of this Act or that the interests of the applicant have been substantially prejudiced by any requirements of this Act not having been complied with, may quash the order either generally or in so far as it affects the applicant.

(2) Sub-paragraph (1) above shall not apply to any order which is confirmed by Act of Parliament under section 6 of the [1945 c. 18.] Statutory Orders (Special Procedure) Act 1945, and shall have effect in relation to any other order which is subject to special parliamentary procedure by virtue of the provisions of this Schedule as if for the reference to the first publication of the notice required by paragraph 18 above there were substituted a reference to the date on which the order becomes operative under the said Act of 1945.

(3) Except as provided by sub-paragraph (1) above, the validity of an order altering the boundaries of a water authority area shall not, either before or after the order has been made, be questioned in any legal proceedings whatsoever.