- Latest available (Revised)
- Point in Time (30/11/2016)
- Original (As enacted)
Point in time view as at 30/11/2016.
There are currently no known outstanding effects for the Water Resources Act 1991, Cross Heading: Compulsory works orders.
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.
(1)Where the [F1appropriate agency] is proposing, for the purposes of, or in connection with, the carrying out of any of its functions—
(a)to carry out any engineering or building operations; or
(b)to discharge water into any inland waters or underground strata,
the [F1appropriate agency] may apply to either of the Ministers for an order under this section (“a compulsory works order").
(2)Subject to the following provisions of this section, the Ministers shall each have power, on an application under subsection (1) above, by order made by statutory instrument—
(a)to confer such compulsory powers; and
(b)to grant such authority,
as he considers necessary or expedient for the purpose of enabling any engineering or building operations or discharges of water to be carried out or made for the purposes of, or in connection with, the carrying out of the functions with respect to which the application was made.
(3)Schedule 19 to this Act shall have effect with respect to applications for compulsory works orders and with respect to such orders.
(4)Subject to the provisions of Schedule 19 to this Act, a compulsory works order may—
(a)without prejudice to section 154 above, confer power to acquire compulsorily any land, including—
(i)power to acquire interests in and rights over land by the creation of new rights and interests; and
(ii)power, by the compulsory acquisition by the [F1appropriate agency] of any rights over land which is to be or has been acquired by the [F1appropriate agency], to extinguish any such rights;
(b)apply for the purposes of the order, either with or without modifications, any of the relevant provisions of this Part which do not apply for those purposes apart from by virtue of this paragraph;
(c)make any authority granted by the order subject to such conditions as may be specified in the order;
(d)amend or repeal any local statutory provision;
(e)contain such supplemental, consequential and transitional provision as the Minister making the order considers appropriate;
and section 156(1) above shall apply in relation to the powers conferred by virtue of this section as it applies in relation to the power conferred by section 154 above.
(5)Without prejudice to any duty imposed by virtue of section 184 below, where—
(a)either of the Ministers makes a compulsory works order authorising the [F1appropriate agency] 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 [F1appropriate agency]; 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.
(6)Nothing in any compulsory works order shall exempt the [F1appropriate agency] from any restriction imposed by Chapter II of Part II of this Act.
(7)It is hereby declared that a compulsory works order may grant authority for discharges of water by the [F1appropriate agency] where the [F1appropriate agency] has no power to take water, or to require discharges to be made, from the inland waters or other source from which the discharges authorised by the order are intended to be made; but nothing in so much of any such order as grants authority for any discharges of water shall have the effect of conferring any such power.
(8)In this section the reference to the relevant provisions of this Part is a reference to the provisions of this Part except sections 155 to 158 and 165 to 167 above.
[F2(9)In this section, in relation to the NRBW, references to functions have effect as references to relevant transferred functions.]
Textual Amendments
F1Words in s. 168 substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 288(2) (with Sch. 7)
F2S. 168(9) inserted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 288(3) (with Sch. 7)
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: 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.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
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.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: