Water Resources Act 1991

Publication of proposal for order containing mandatory provisions

3(1)This paragraph applies where the relevant Minister proposes to make an order under section 94 of this Act which—

(a)makes or modifies any such provision as is authorised by subsection (3)(a) of that section; and

(b)in doing so, contains provision which is not of one of the following descriptions, that is to say—

(i)provision reproducing existing provisions without modification and in relation to substantially the same area; and

(ii)provision modifying any existing provisions so as to make them less onerous.

(2)The relevant Minister shall, before making any such order as is mentioned in sub-paragraph (1) above—

(a)publish a notice with respect to the proposed order, at least once in each of two successive weeks, in one or more newspapers circulating in the locality in relation to which the proposed order will have effect;

(b)not later than the date on which that notice is first published, serve a copy of the notice on—

(i)the Authority;

(ii)every local authority and water undertaker whose area includes the whole or any part of that locality; and

(iii)in the case of an order containing any such provision as is authorised by section 94(3)(b) of this Act, such owners and occupiers of agricultural land in that locality as appear to the relevant Minister to be likely to be affected by the obligations in respect of which payments are to be made under that provision;

and

(c)publish a notice in the London Gazette which-

(i)names every local authority on whom a notice is required to be served under this paragraph;

(ii)specifies a place where a copy of the proposed order and of any relevant map or plan may be inspected; and

(iii)gives the name of every newspaper in which the notice required by virtue of paragraph (a) above was published and the date of an issue containing the notice.

(3)The notice required by virtue of sub-paragraph (2)(a) above to be published with respect to any proposed order shall—

(a)state the general effect of the proposed order;

(b)specify a place where a copy of the proposed order, and of any relevant map or plan, may be inspected by any person free of charge at all reasonable times during the period of forty-two days beginning with the date of the first publication of the notice; and

(c)state that any person may, within that period, by notice to the Secretary of State or, as the case may be, to one of the Ministers object to the making of the order.