Textual Amendments
F1Word in the heading to Pt. VI substituted (subject to other provisions of the amending Act) (1.4.1996) by 1995 c. 25, s. 120, Sch. 22 para. 128 (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3
(1)Where, on the application of a navigation authority, harbour authority or conservancy authority, it appears to the [F2Agency] that any works constructed or maintained by the applicants have made, or will make, a beneficial contribution towards the fulfilment of the purposes of the [F2Agency’s] water resources functions, the [F2Agency] shall contribute towards the expenditure incurred or to be incurred by the applicants in constructing or maintaining those works.
(2)Where, on the application of the [F2Agency], it appears to a navigation authority, harbour authority or conservancy authority that any works constructed or maintained by the [F2Agency] in the carrying out of its water resources functions have made, or will make, a beneficial contribution towards the carrying out of the functions of the authority to whom the application is made, that authority shall contribute to the [F2Agency] towards the expenditure incurred or to be incurred by the [F2Agency] in constructing or maintaining those works.
(3)Subject to the following provisions of this section, the sums to be paid by way of contribution and the terms and conditions on which they are to be paid shall be such as the [F2Agency] and the other authority concerned may agree to be appropriate.
(4)If on any application under this section—
(a)the [F2Agency] or, as the case may be, the other authority to whom the application is made refuses to make a contribution; or
(b)the [F2Agency] and the other authority concerned are unable to agree as to the sums to be contributed or the terms and conditions on which they are to be contributed,
the [F2Agency] or the other authority concerned may refer the matter in dispute to the Secretary of State.
(5)On a reference under subsection (4) above the Secretary of State may either—
(a)determine that matter himself; or
(b)refer it for determination to an arbitrator appointed by him for the purpose;
and where any decision has been made by the Secretary of State or an arbitrator under this subsection, the decision shall be final and a contribution shall be made in accordance with the decision as if the sums, terms or conditions determined under this subsection had been agreed to be appropriate as mentioned in subsection (3) above.
(6)Any expenditure incurred by a navigation authority, harbour authority or conservancy authority in paying any contribution under this section shall be defrayed in the like manner as any corresponding expenditure of that authority; and that authority shall have the same powers for the purpose of raising money required for paying any such contribution as they would have for the purpose of raising money required for defraying any corresponding expenditure of that authority.
(7)In subsection (6) above the references to corresponding expenditure of a navigation authority, harbour authority or conservancy authority, in relation to the payment of a contribution in respect of any works, are references to expenditure incurred by the authority in performing the functions in respect of which it is claimed by the [F2Agency] that the works have made, or will make, such a beneficial contribution as is mentioned in subsection (2) above.
(8)References in this section to the water resources functions of the [F2Agency] are references to the functions of the [F2Agency] under Part II of this Act or under any provisions not contained in that Part which are related water resources provisions in relation to Chapter II of that Part.
Textual Amendments
F2Words in s. 120 and the sidenote substituted (subject to other provisions of the amending Act) (1.4.1996) by 1995 c. 25, s. 120, Sch. 22 para. 128 (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3
Modifications etc. (not altering text)
C1S. 120 applied (1.4.2006) by Water Act 2003 (c. 37), ss. 33(3)(a), 105(3); S.I. 2006/984, art. 2(p)