Flood and Water Management Act 2010

Valid from 01/10/2011

7 E+W After section 2 (registration) insert—

“2A Consideration of risk and provisional designation: England and Wales

(1) As soon as is reasonably practicable after the registration of a large raised reservoir under section 2 the Environment Agency shall consider whether the reservoir is to be designated as a high-risk reservoir (applying the criteria set out in section 2C).

(2) The Agency may—

(a) make a provisional designation by giving notice to the undertaker, or

(b) notify the undertaker that the reservoir is not designated as a high-risk reservoir.

(3) A provisional designation notice must specify—

(a) the reasons for the provisional designation,

(b) how representations to the Agency may be made, and

(c) the period within which those representations may be made.

(4) The Minister may by order specify a minimum period within which representations may be made under subsection (3)(c).

2B Designation

(1) The Environment Agency may designate a large raised reservoir as a high-risk reservoir by giving notice confirming a provisional designation to the undertaker.

(2) In deciding whether to confirm a provisional designation the Agency must have regard to the representations made in accordance with section 2A.

(3) A notice under subsection (1) may not be given before the end of the period within which representations may be made under section 2A(3)(c).

(4) The notice must—

(a) specify the provisional notice to which it relates,

(b) specify the reasons for the designation,

(c) give information about the procedure for bringing an appeal under regulations under section 2E,

(d) specify the period within which an appeal may be brought, and

(e) specify the date on which the designation takes effect, which must be after the end of the period specified under paragraph (d).

2C Meaning of “high-risk reservoir”

(1) The Environment Agency may designate a large raised reservoir as a high-risk reservoir if—

(a) the Agency thinks that, in the event of an uncontrolled release of water from the reservoir, human life could be endangered, and

(b) the reservoir does not satisfy the conditions (if any) specified in regulations made by the Minister.

(2) The conditions specified in regulations under subsection (1)(b) may, in particular, include conditions as to—

(a) the purpose for which the reservoir is used,

(b) the materials used to construct the reservoir,

(c) the way in which the reservoir is constructed, and

(d) the maintenance of the reservoir.

(3) Sections 10 to 12 make provision about requirements for inspection, monitoring and supervision of high-risk reservoirs.

(4) References in this Act to a “high-risk reservoir” are references to a large raised reservoir that has been designated under section 2B as a high-risk reservoir.

2D Review

(1) The Environment Agency must carry out a review if it thinks that—

(a) the designation of a large raised reservoir as a high-risk reservoir may have ceased to be appropriate, or

(b) it may be appropriate to designate a large raised reservoir as a high-risk reservoir.

(2) Sections 2A to 2C apply following a review as they apply following the registration of a reservoir.

2E Appeals

(1) The Minister must by regulations provide a right of appeal against designations under section 2B.

(2) The regulations must—

(a) confer jurisdiction on the Minister, a court or a tribunal, and

(b) make provision about procedure.

(3) Where an appeal against a designation is brought—

(a) the designation is suspended while the appeal is pending;

(b) the person or body hearing the appeal may cancel the designation.”