Water Resources Act 1991

Registers etc. to be kept by the [F1 appropriate agency] E+W

Textual Amendments

F1 Words in s. 189 cross-heading substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 299 (with Sch. 7)

189 Register of abstraction and impounding licences. E+W

(1) The [F2 appropriate agency] shall keep, in such manner as may be prescribed, registers containing such information as may be prescribed with respect—

(a) to applications made for the grant, revocation or variation of licences under Chapter II of Part II of this Act, including information as to the way in which such applications have been dealt with; and

(b) to persons becoming the holders of such licences by virtue of [F3 section 59A, 59B or 59C above].

(2) Every register kept by the [F2 appropriate agency] under this section shall also contain such information as may be prescribed with respect—

(a) to applications made in accordance with regulations under section 64 above; and

(b) to licences granted or deemed to be granted, and licences revoked or varied, in accordance with regulations made under that section.

(3) Subject to any regulations under this section, the information which the [F2 appropriate agency] is required to keep in registers under this section shall continue to include the information which immediately before 1st September 1989 was contained in a register kept by a water authority under section 53 of the M1 Water Resources Act 1963.

(4) The contents of every register kept under this section shall be available, at such place as may be prescribed, for inspection by the public at all reasonable hours.

Textual Amendments

F2 Words in ss. 189-197 substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 299 (with Sch. 7)

F3 Words in s. 189(1)(b) substituted (1.4.2006) by Water Act 2003 (c. 37), ss. 23(3), 105(3); S.I. 2006/984, art. 2(m) (with Sch. para. 3)

Modifications etc. (not altering text)

C1 S. 189 modified (1.4.2005) by The Water Act 2003 (Commencement No. 4, Transitional Provisions and Savings) Order 2005 (S.I. 2005/968), art. 4(1)(3), Sch. 1 paras. 7(10), 8(3), 9

Marginal Citations

M1 1963 c. 38.

190 Pollution control register. E+W

(1) It shall be the duty of the [F2 appropriate agency] to maintain, in accordance with regulations made by the Secretary of State, registers containing prescribed particulars of [F4 or relating to]—

(a) any notices of water quality objectives or other notices served under section 83 above;

F5 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F6 (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F7 (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(e) the following, that is to say—

(i) samples of water or effluent taken by the [F2 appropriate agency] for the purposes of any of the water pollution provisions of this Act;

(ii) information produced by analyses of those samples;

(iii) such information with respect to samples of water or effluent taken by any other person, and the analyses of those samples, as is acquired by the [F2 appropriate agency] from any person under arrangements made by the [F2 appropriate agency] for the purposes of any of those provisions; and

(iv) the steps taken in consequence of any such information as is mentioned in any of sub-paragraphs (i) to (iii) above;

F8 . . .

F8 (f) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F9 (g) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F10 (h) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F11 (j) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F12 (k) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F13 (l) directions given by the Secretary of State in relation to the [F2 appropriate agency's] functions under the water pollution provisions of this Act;

F14 (m) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F15 (n) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(o) works notices under section 161A above;

(p) appeals under section 161C above;

(q) convictions for offences under section 161D above;

(r) such other matters relating to the quality of water or the pollution of water as may be prescribed by the Secretary of State.

(1A) Where information of any description is excluded from any register by virtue of section 191B below, a statement shall be entered in the register indicating the existence of information of that description.]

(2) It shall be the duty of the [F2 appropriate agency]—

(a) to secure that the contents of registers maintained by the [F2 appropriate agency] under this section are available, at all reasonable times, for inspection by the public free of charge; and

(b) to afford members of the public reasonable facilities for obtaining from the [F2 appropriate agency], on payment of reasonable charges, copies of entries in any of the registers.

[F16 and, for the purposes of this subsection, places may be prescribed by the Secretary of State at which any such registers or facilities as are mentioned in paragraph (a) or (b) above are to be available or afforded to the public in pursuance of the paragraph in question.]

(3) Section 101 above shall have effect in relation to any regulations under this section as it has effect in relation to any subordinate legislation under Part III of this Act.

[F17 (4) The Secretary of State may give to the [F2 appropriate agency] directions requiring the removal from any register maintained by it under this section of any specified information which is not prescribed for inclusion under subsection (1) above or which, by virtue of section 191A or 191B below, ought to have been excluded from the register.]

F18 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F2 Words in ss. 189-197 substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 299 (with Sch. 7)

F4 Words in s. 190(1) inserted (21.11.1996 for certain purposes and 31.12.1996 otherwise) by 1995 c. 25, s. 120(1), Sch. 22 para. 169(2) (with ss. 7(6), 115, 117); S.I. 1996/2909, arts. 2, 3 (subject to saving provisions in art. 4)

F5 S. 190(1)(b) repealed (6.4.2010) by The Environmental Permitting (England and Wales) Regulations 2010 (S.I. 2010/675), reg. 1(1)(b), Sch. 26 para. 8(2)(o), Sch. 28 (with reg. 1(2), Sch. 4)

F6 S. 190(1)(c) repealed (6.4.2010) by The Environmental Permitting (England and Wales) Regulations 2010 (S.I. 2010/675), reg. 1(1)(b), Sch. 26 para. 8(2)(o), Sch. 28 (with reg. 1(2), Sch. 4)

F7 S. 190(1)(d) repealed (21.11.1996 for certain purposes and 31.12.1996 otherwise) by 1995 c. 25, s. 120(1)(3), Sch. 22 para. 169(3), Sch. 24 (with ss. 7(6), 115, 117); S.I. 1996/2909, arts. 2, 3 (subject to saving provisions in art. 4)

F8 S. 190(1)(f) and word preceding it repealed (21.11.1996 for certain purposes and 31.12.1996 otherwise) by 1995 c. 25, s. 120(1)(3), Sch. 22 para. 169(4), Sch. 24 (with ss. 7(6), 115, 117); S.I. 1996/2909, arts. 2, 3 (subject to saving provisions in art. 4)

F9 S. 190(1)(g) repealed (6.4.2010) by The Environmental Permitting (England and Wales) Regulations 2010 (S.I. 2010/675), reg. 1(1)(b), Sch. 26 para. 8(2)(o), Sch. 28 (with reg. 1(2), Sch. 4)

F10 S. 190(1)(h) repealed (6.4.2010) by The Environmental Permitting (England and Wales) Regulations 2010 (S.I. 2010/675), reg. 1(1)(b), Sch. 26 para. 8(2)(o), Sch. 28 (with reg. 1(2), Sch. 4)

F11 S. 190(1)(j) repealed (6.4.2010) by The Environmental Permitting (England and Wales) Regulations 2010 (S.I. 2010/675), reg. 1(1)(b), Sch. 26 para. 8(2)(o), Sch. 28 (with reg. 1(2), Sch. 4)

F12 S. 190(1)(k) repealed (6.4.2010) by The Environmental Permitting (England and Wales) Regulations 2010 (S.I. 2010/675), reg. 1(1)(b), Sch. 26 para. 8(2)(o), Sch. 28 (with reg. 1(2), Sch. 4)

F13 S. 190(1)(g)-(r)(1A) added (21.11.1996 for certain purposes and 31.12.1996 otherwise) by 1995 c. 25, s. 120(1), Sch. 22 para. 169(4) (with ss. 7(6), 115, 117); S.I. 1996/2909, arts. 2, 3 (subject to saving provisions in art. 4)

F14 S. 190(1)(m) repealed (6.4.2010) by The Environmental Permitting (England and Wales) Regulations 2010 (S.I. 2010/675), reg. 1(1)(b), Sch. 26 para. 8(2)(o), Sch. 28 (with reg. 1(2), Sch. 4)

F15 S. 190(1)(n) repealed (6.4.2010) by The Environmental Permitting (England and Wales) Regulations 2010 (S.I. 2010/675), reg. 1(1)(b), Sch. 26 para. 8(2)(o), Sch. 28 (with reg. 1(2), Sch. 4)

F16 Words in s. 190(2) added (21.11.1996 for certain purposes and 31.12.1996 otherwise) by 1995 c. 25, s. 120(1), Sch. 22 para. 169(5) (with ss. 7(6), 115, 117); S.I. 1996/2909, arts. 2, 3 (subject to saving provisions in art. 4)

F17 S. 190(4)(5) added (21.11.1996 for certain purposes and 31.12.1996 otherwise) by 1995 c. 25, s. 120(1), Sch. 22 para. 169(6) (with ss. 7(6), 115, 117); S.I. 1996/2909, arts. 2, 3 (subject to saving provisions in art. 4)

F18 S. 190(5) repealed (6.4.2010) by The Environmental Permitting (England and Wales) Regulations 2010 (S.I. 2010/675), reg. 1(1)(b), Sch. 26 para. 8(2)(o), Sch. 28 (with reg. 1(2), Sch. 4)

Modifications etc. (not altering text)

C2 S. 190 amended (27.8.1993) by 1993 c. 12, ss. 40, 51(2), Sch. 3 Pt. I para. 9 (with s. 46).

C3 S. 190 modified by S.I. 2010/675, Sch. 23 Pt. 8 para. 3 Table 9 (as substituted (1.10.2011) by The Environmental Permitting (England and Wales) (Amendment) Regulations 2011 (S.I. 2011/2043), reg. 1(b), Sch. 1)

191 Register for the purposes of works discharges. E+W

(1) The [F2 appropriate agency] shall keep a register of persons and premises for the purposes of section 164 above.

(2) The [F2 appropriate agency] shall enter the name and address of a person in that register in respect of any premises which abut on any watercourse if that person has requested to be so registered and is either—

(a) the owner or occupier of those premises; or

(b) an officer of an association of owners or occupiers of premises which abut on that watercourse and include those premises.

(3) If the [F2 appropriate agency] contravenes, without reasonable excuse, any of the requirements of this section, it shall be guilty of an offence and liable, on summary conviction, to a fine not exceeding level 3 on the standard scale.

Textual Amendments

F2 Words in ss. 189-197 substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 299 (with Sch. 7)

[F19 191A Exclusion from registers of information affecting national security. E+W

(1) No information shall be included in a register kept or maintained by the [F2 appropriate agency] under any provision of this Act if and so long as, in the opinion of the Secretary of State, the inclusion in such a register of that information, or information of that description, would be contrary to the interests of national security.

(2) The Secretary of State may, for the purpose of securing the exclusion from registers of information to which subsection (1) above applies, give to the [F2 appropriate agency] directions—

(a) specifying information, or descriptions of information, to be excluded from their registers; or

(b) specifying descriptions of information to be referred to the Secretary of State for his determination;

and no information referred to the Secretary of State in pursuance of paragraph (b) above shall be included in any such register until the Secretary of State determines that it should be so included.

(3) The [F2 appropriate agency] shall notify the Secretary of State of any information it excludes from a register in pursuance of directions under subsection (2) above.

(4) A person may, as respects any information which appears to him to be information to which subsection (1) above may apply, give a notice to the Secretary of State specifying the information and indicating its apparent nature; and, if he does so—

(a) he shall notify the [F2 appropriate agency] that he has done so; and

(b) no information so notified to the Secretary of State shall be included in any such register until the Secretary of State has determined that it should be so included.]

Textual Amendments

F2 Words in ss. 189-197 substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 299 (with Sch. 7)

F19 S. 191A inserted (21.11.1996 for certain purposes and 31.12.1996 otherwise) by 1995 c. 25, s. 120(1), Sch. 22 para. 170 (with ss. 7(6), 115, 117); S.I. 1996/2909, arts. 2, 3 (subject to saving provisions in art. 4)

Modifications etc. (not altering text)

C4 S. 191A applied (with modifications) (1.4.1999) by S.I. 1998/2746, reg. 14(3)

[F20 191B Exclusion from registers of certain confidential information. E+W

(1) No information relating to the affairs of any individual or business shall, without the consent of that individual or the person for the time being carrying on that business, be included in a register kept or maintained by the [F2 appropriate agency] under any provision of this Act, if and so long as the information—

(a) is, in relation to him, commercially confidential; and

(b) is not required to be included in the register in pursuance of directions under subsection (7) below;

but information is not commercially confidential for the purposes of this section unless it is determined under this section to be so by the [F2 appropriate agency] or, on appeal, by the Secretary of State.

(2) Where information is furnished to the [F2 appropriate agency] for the purpose of—

F21 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F22 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c) complying with a notice under section 202 below,

then, if the person furnishing it applies to the [F2 appropriate agency] to have the information excluded from any register kept or maintained by the [F2 appropriate agency] under any provision of this Act, on the ground that it is commercially confidential (as regards himself or another person), the [F2 appropriate agency] shall determine whether the information is or is not commercially confidential.

(3) A determination under subsection (2) above must be made within the period of fourteen days beginning with the date of the application and if the [F2 appropriate agency] fails to make a determination within that period it shall be treated as having determined that the information is commercially confidential.

(4) Where it appears to the [F2 appropriate agency] that any information (other than information furnished in circumstances within subsection (2) above) which has been obtained by the [F2 appropriate agency] under or by virtue of any provision of any enactment might be commercially confidential, the [F2 appropriate agency] shall—

(a) give to the person to whom or whose business it relates notice that that information is required to be included in a register kept or maintained by the [F2 appropriate agency] under any provision of this Act, unless excluded under this section; and

(b) give him a reasonable opportunity—

(i) of objecting to the inclusion of the information on the ground that it is commercially confidential; and

(ii) of making representations to the [F2 appropriate agency] for the purpose of justifying any such objection;

and, if any representations are made, the [F2 appropriate agency] shall, having taken the representations into account, determine whether the information is or is not commercially confidential.

(5) Where, under subsection (2) or (4) above, the [F2 appropriate agency] determines that information is not commercially confidential—

(a) the information shall not be entered on the register until the end of the period of twenty-one days beginning with the date on which the determination is notified to the person concerned; and

(b) that person may appeal to the Secretary of State against the decision;

and, where an appeal is brought in respect of any information, the information shall not be entered on the register until the end of the period of seven days following the day on which the appeal is finally determined or withdrawn.

[F23 (6) Section 114 of the 1995 Act (delegation or reference to appeals etc) applies to any appeal brought under subsection (5).

(6A) If either party to the appeal so requests, or the Secretary of State or Welsh Ministers so decide, an appeal shall be or continue in the form of a hearing (which must be held in private).

(6B) The Secretary of State may by regulations make provision as to appeals under subsection (5) to the Secretary of State, and the Welsh Ministers may by regulations make provision as to appeals under that subsection to them; and the regulations may, in particular, may make provision as to—

(a) the period within which and the manner in which appeals are to be brought; and

(b) the manner in which appeals are to be considered.]

(7) The Secretary of State may give to the [F2 appropriate agency] directions as to specified information, or descriptions of information, which the public interest requires to be included in registers kept or maintained by the [F2 appropriate agency] under any provision of this Act notwithstanding that the information may be commercially confidential.

(8) Information excluded from a register shall be treated as ceasing to be commercially confidential for the purposes of this section at the expiry of the period of four years beginning with the date of the determination by virtue of which it was excluded; but the person who furnished it may apply to the [F2 appropriate agency] for the information to remain excluded from the register on the ground that it is still commercially confidential and the [F2 appropriate agency] shall determine whether or not that is the case.

(9) Subsections (5) and (6) above shall apply in relation to a determination under subsection (8) above as they apply in relation to a determination under subsection (2) or (4) above.

(10) The Secretary of State may by regulations substitute (whether in all cases or in such classes or descriptions of case as may be specified in the regulations) for the period for the time being specified in subsection (3) above such other period as he considers appropriate.

(11) Information is, for the purposes of any determination under this section, commercially confidential, in relation to any individual or person, if its being contained in the register would prejudice to an unreasonable degree the commercial interests of that individual or person.

F24 (12) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Textual Amendments

F2 Words in ss. 189-197 substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 299 (with Sch. 7)

F20 S. 191B inserted (21.11.1996 for certain purposes and 31.12.1996 otherwise) by 1995 c. 25, s. 120(1), Sch. 22 para. 170 (with ss. 7(6), 115, 117); S.I. 1996/2909, arts. 2, 3 (subject to saving provisions in art. 4)

F21 S. 191B(2)(a) repealed (6.4.2010) by The Environmental Permitting (England and Wales) Regulations 2010 (S.I. 2010/675), reg. 1(1)(b), Sch. 26 para. 8(2)(p), Sch. 28 (with reg. 1(2), Sch. 4)

F22 S. 191B(2)(b) repealed (6.4.2010) by The Environmental Permitting (England and Wales) Regulations 2010 (S.I. 2010/675), reg. 1(1)(b), Sch. 26 para. 8(2)(p), Sch. 28 (with reg. 1(2), Sch. 4)

F23 Ss. 191B(6)-(6B) substituted for s. 191B(6) (6.4.2010) by The Environmental Permitting (England and Wales) Regulations 2010 (S.I. 2010/675), reg. 1(1)(b), Sch. 26 para. 8(9) (with reg. 1(2), Sch. 4)

F24 S. 191B(12) repealed (6.4.2010) by The Environmental Permitting (England and Wales) Regulations 2010 (S.I. 2010/675), reg. 1(1)(b), Sch. 26 para. 8(2)(p), Sch. 28 (with reg. 1(2), Sch. 4)

Modifications etc. (not altering text)

C5 S. 191B applied (with modifications) (1.4.1999) by S.I. 1998/2746, reg. 14(3)

C6 S. 191B(5): power to delegate functions conferred (1.4.1996) by 1995 c. 25, s. 114(2)(a)(v) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3 (with art. 4)

192 Maps of fresh-water limits. E+W

(1) The Secretary of State—

(a) shall deposit maps with the [F2 appropriate agency] showing what appear to him to be the fresh-water limits of every relevant river or watercourse; and

(b) may from time to time, if he considers it appropriate to do so by reason of any change of what appears to him to be the fresh-water limit of any river or watercourse, deposit a map showing a revised limit for that river or watercourse.

(2) It shall be the duty of the [F2 appropriate agency] to keep any maps deposited with it under subsection (1) above available, at all reasonable times, for inspection by the public free of charge.

(3) In this section “relevant river or watercourse” has the same meaning as in section 104 above.

Textual Amendments

F2 Words in ss. 189-197 substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 299 (with Sch. 7)