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(1)Without prejudice to any duty imposed by virtue of subsection (2) below, where—
(a)the Secretary of State makes an order under section 155 above authorising the Authority or a water undertaker to carry out works for or in connection with the construction or operation of a reservoir or conferring compulsory powers for that purpose on the Authority or such an undertaker; and
(b)it appears to him that the works to be carried out may permanently affect the area in which they are situated and are not primarily intended to benefit the inhabitants of that area,
he may include in the order provision with respect to facilities for recreation or other leisure-time occupation for the benefit of those inhabitants.
(2)Where the Authority or a water undertaker carries out any works for or in connection with the construction or operation of a reservoir in Wales which—
(a)permanently affect one or more communities; and
(b)are not primarily intended by the Authority or that undertaker to benefit the inhabitants of that or those communities,
it shall be the duty of the Authority or, as the case may be, that undertaker to make available facilities for recreation or other leisure-time occupation for the benefit of those inhabitants or to assist others to make such facilities available.
(3)It shall be the duty of the Authority and of every water undertaker, in performing its duty under subsection (2) above, to consult—
(a)the community councils of the communities affected, in the case of communities having such councils; and
(b)in any case, the council of any district in which any community affected is situated.
(4)The duties of a water undertaker under this section shall be enforceable under section 20 above by the Secretary of State.
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