After section 14(1)(n) (nationally significant infrastructure projects: general)3, insert—

“(na)

the construction or alteration of a desalination plant;”.

For section 28(1)(b) (transfer of water resources), substitute—

“(b)

it is expected that—

(i)

the deployable output of the facility to be constructed as a result of the development will exceed 80 million litres per day, or

(ii)

the additional deployable output of the facility to be altered as a result of the development will exceed 80 million litres per day,”.

After section 28 insert—

“28ADesalination plants

(1)

The construction of a desalination plant is within section 14(1)(na) only if—

(a)

the desalination plant (when constructed) will be in England or in waters adjacent to England up to the seaward limits of the territorial sea,

(b)

the construction will be carried out by one or more water undertakers, and

(c)

the deployable output of the desalination plant is expected to exceed 80 million litres per day.

(2)

The alteration of a desalination plant is within section 14(1)(na) only if—

(a)

the desalination plant is in England or in waters adjacent to England up to the seaward limits of the territorial sea,

(b)

the alteration will be carried out by one or more water undertakers, and

(c)

the additional deployable output of the desalination plant as a result of the alteration is expected to exceed 80 million litres per day.

(3)

“Water undertaker” means a company appointed as a water undertaker under the Water Industry Act 1991.”.

In section 235(1) (interpretation)4 insert in the appropriate place—

““deployable output” means, in relation to a given facility, the annual average volume of water that can be produced per day from that facility under drought conditions, having regard in particular (where applicable) to—

(a)

the hydrological yield of the facility;

(b)

the quantity of water licensed for abstraction;

(c)

the state of the local environment;

(d)

the properties of any—

1. (i)

   pumping plant;

2. (ii)

   well;

3. (iii)

   aquifer;

4. (iv)

   raw water main;

5. (v)

   aqueduct;

6. (vi)

   transfer main;

7. (vii)

   output main;

(e)

any water treatment processes;

(f)

any requirements relating to water quality;

“desalination plant” means a facility for the extraction of mineral components from saline water;

“drought conditions” means conditions resulting from a shortage of precipitation that has a 0.5% chance of occurring within a 12 month period;”.