Reservoirs Act 1975

1 Ambit of Act and interpretation. E+W

(1) For purposes of this Act “reservoir” means a reservoir for water as such (and accordingly does not include a mine or a quarry lagoon which is a tip within the meaning of the M1 Mines and Quarries (Tips) Act 1969); and—

(a) a reservoir is a “raised reservoir” if it is designed to hold, or capable of holding, water above the natural level of any part of the land adjoining the reservoir; and

(b) a raised reservoir is a “large raised reservoir” if it is designed to hold, or capable of holding, more than 25,000 cubic metres of water above that level.

For the avoidance of doubt it is hereby declared that the expression “reservoir” does not include a canal or inland navigation (but this Act applies to a reservoir notwithstanding that it may form part of a watercourse or be used for navigation).

(2) The provision made by this Act in relation to reservoirs shall, unless otherwise stated, extend to any place where water is artificially retained to form or enlarge a lake or loch, whether or not use is or is intended to be made of the water, and references in this Act to a reservoir shall be construed accordingly.

(3) The provision made by this Act in relation to large raised reservoirs extends as well to those constructed under statutory powers as to those not so constructed.

(4) In relation to any reservoir “undertakers” means for purposes of this Act—

(a) in the case of a reservoir that is or, when constructed, is to be managed and operated by [F1 the National Rivers Authority or a water undertaker, that Authority or, as the case may be, undertaker]; and

(b) in any other case—

(i) if the reservoir is used or intended to be used for the purposes of any undertaking, the persons for the time being carrying on that undertaking; or

(ii) if the reservoir is not so used or intended to be used, the owners or lessees of the reservoir.

[F2 (4A) The “area” of the Environment Agency, in its capacity as a relevant authority for purposes of this Act, is the whole of England and Wales.]

(5) This Act shall not be taken as conferring on any person a claim to damages in respect of a breach by undertakers of their obligations under this Act.

(6) The expressions listed in column 1 of Schedule 1 to this Act have for purposes of this Act the meanings given to them by the provisions of this Act shown in column 2 of the Schedule.

Extent Information

E1 This version of this provision extends to England and Wales only; a separate version has been created for Scotland only.

Textual Amendments

F1 Words in s. 1(4)(a) substituted (E.W.) by Water Act 1989 (c. 15, SIF 130), s. 190, Sch. 25 para. 49 (with ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 163, 189(4)–(10), 193(1), Sch. 26 paras. 3(1)(2), 17, 40(4), 57(6), 58)

F2 S. 1(4A) inserted (1.10.2004) by Water Act 2003 (c. 37), ss. 74(1)(c), 105(3); S.I. 2004/2528, art. 2(k) (with Sch. para. 8)

Modifications etc. (not altering text)

C1 S. 1 excluded (16.3.1992) by Avon Weir Act 1992 (c. v), s. 12(2)

C2 S. 1(2) excluded (7.3.1995) by S.I. 1995/519, art. 10

C3 S. 1(2) excluded (19.3.2007) by Ouseburn Barrage Order 2007 (S.I. 2007/608), arts. 1, 11 (with arts. 46-48, Sch. 6 para. 23)

Marginal Citations

M1 1969 c. 10.