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25897 Chapter 19 Cover 6Mm.Indd
Civil Aviation Act 2012 CIVIL AVIATION ACT 2012 AVIATION CIVIL CHAPTER 19 Explanatory Notes have been produced to assist in the understanding of this Act and are available separately Published by TSO (The Stationery Office) and available from: Online www.tsoshop.co.uk Mail, Telephone, Fax & E-mail TSO PO Box 29, Norwich, NR3 1GN Telephone orders/General enquiries: 0870 600 5522 Fax orders: 0870 600 5533 E-mail: [email protected] Textphone: 0870 240 3701 The Houses of Parliament Shop 12 Bridge Street, Parliament Square London SW1A 2JX £18.50 Telephone orders/General enquiries: 020 7219 3890 Fax orders: 020 7219 3866 Email: [email protected] Internet: http://www.shop.parliament.uk TSO@Blackwell and other Accredited Agents Civil Aviation Act 2012 CHAPTER 19 CONTENTS PART 1 AIRPORTS CHAPTER 1 REGULATION OF OPERATORS OF DOMINANT AIRPORTS General duties 1 CAA’s general duty 2 Secretary of State’s general duty Prohibition 3Prohibition 4 Prohibition: exemption Dominant airports 5 Dominant areas and dominant airports 6 Market power test 7 Market power determinations 8Publication of market power determinations 9 Operators of areas 10 Operator determinations 11 Publication of operator determinations 12 Advance determinations 13 Appeals against determinations Licences 14 Application for licence ii Civil Aviation Act 2012 (c. 19) 15 Granting licence 16 Refusing to grant licence 17 Content and effect of licence Licence conditions 18 Licence conditions 19 Price control conditions 20 Conditions relating to CAA charges 21 Content and effect -
The Law of the National Rivers Authority the Law of the National Rivers Authority
NATIONAL RIVERS AUTHORITY NRA by Centre for Law in Rural A reas U.C.W. Aberystwyth Notional Rivers Aumortty Information Centre [Head Office Class No m Accossion No National Information Centre The Environment Agency Rio House Waterside Drive Aztec West BRISTOL BS12 4UD Due for return THE LAW OF THE NATIONAL RIVERS AUTHORITY THE LAW OF THE NATIONAL RIVERS AUTHORITY by WILLIAM HOWARTH B.A., LL.M. Director of the Centre for Law in Rural Areas and Lecturer in Law, University College of Wales, Aberystwyth The National Rivers Authority and the Centre for Law in Rural Areas, University College of Wales, Aberystwyth 1990 © W illiam Howarth 1990 ISBN 1 872662 00 5 Published by The National Rivers Authority and the Centre for Law in Rural Areas, University College of Wales, Aberystwyth Copies of this work may be obtained from: The Director, Centre for Law in Rural Areas, University College of Wales, Aberystwyth, Dyfed, SY23 3DZ. All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted, in any form or by any means, electronic, mechanical, photocopying, recording or otherwise, without prior permission of the copyright holder. Printed by Cambrian Printers, Aberystwyth. FOREWORD The Water Act 1989 brings about a dramatic restructuring of the water industry in England and Wales through an overall separation of the responsibilities for utility and regulatory functions in relation to water. This division of the industry will allow a greater degree of specialism to be developed, and ultimately will prove more effective both in satisfying the needs of water consumers and also in safeguarding in general aquatic environment. -
British Waterways Board V Severn Trent Water Ltd (CA)
25 [2002] Ch British Waterways Board v Severn Trent Water Ltd (CA) A Court of Appeal British Waterways Board v Severn Trent Water Ltd [2001] EWCA Civ Z76 2001 Jan 22, 23; Peter Gibson, Chadwick and Keene LJJ 6 March 2 Water — Sewerage — Surface water — Discharge into canal — Sewerage undertaker having no express statutory power to discharge water in its pipes — Whether power to discharge to be implied — Whether incidental to existing pipe-laying power— Water Industry Act 1991 (c$6), s 159 Q On the true construction of section 159 of the Water Industry Act 19911 a sewerage undertaker has no implied power, incidental to its express powers to lay and maintain pipes under that section, to cause the water in its pipes to be discharged into any available watercourse without any general duty to compensate persons who, in consequence of such discharge, suffer loss or damage (post, paras 43, 71, 75,84-85)- Where, therefore, the plaintiff appealed against the grant of a declaration that the n defendant as a sewerage undertaker had a statutory power to discharge non-foul surface water from the roofs and roads of a new development via a drainage pipe which it had adopted into a canal which vested in the plaintiff as a navigation authority— Held, allowing the appeal, that the defendant did not have an implied power to cause such discharge under section 159 and was obliged to remove the drainage pipe from the plaintiff's property or to reinstate the plaintiff's property (post, paras 45, £ 77,85). Decision of Arden J [2001] Ch 32; [2000] 3 WLR 1; [2000] 1 All ER 347 reversed. -
National Rivers Authority
National Rivers Authority Seminar On Water Pollution Control fvjfUV ffo Y- 8 APPENDIX II (4.1.91.) N.R.A. LEGAL TRAINING ENVIRONMENTAL QUALITY STAFF POLLUTION PROSECUTIONS SEMBIAfl DAY ONE PROGRAMME PRESENTER 9.30. REGISTRATION & COFFEE 9.50. INTRODUCTION to COURSE REGIONAL ENVIRONMENTAL MANAGER or his nominee 10.00. The WATER ACT 1989: TERRY WILLIAMS History COPA Part II Part III Chapter I 10. 20. SPECIAL STATUTORY PROVISIONS: DAVID BATHERS & PETER MITCHESON Offence & Defence or Powers of Entry MARTIN DAVIES 5 TERRY WILLIAMS Sampling (inc Continuity) S & FF Act 1975 Sect 4 Prohibition Notices 11.15. * * Coffee * * 11.30. CASE LAW TERRY WILLIAMS Impress Worcester Alphacell Price v Cromack Wrothwell Pegrum Express Foods McTay 12.05. Costs & Compensation DAVID BATHERS or JOHN BARFORD 12.25. POLICE & CRIMINAL EVIDENCE ACT MARTIN DAVIES or PETER MITCHESON 12.45. * * Lunch * * 2.00pm. SAMPLING PROCEDURES To be nominated by REM 3.00 PREPARATION of EVIDENCE DAVID BATHERS or JOHN BARFORD for COURT 3.20. * ♦ Tea * * 3.40. PRESENTATION of EVIDENCE in TERRY WILLIAMS COURT & CONDUCT of CASE 4.00. PITFALLS/LESSONS to be LEARNT All Legal Presenters 5.00. SYNDICATE WORK for MOCK TRIAL TERRY WILLIAMS on « Day Two 5.30 DISPERSE DAY TWO PROGRAMME PRESENTER A.M. MOCK TRIAL: TERRY WILLIAMS & ANOTHER LEGAL PRESENTER 9.30 CASE for the PROSECUTION 10.30. * * Coffee * * 10.45. CASE for PROSECUTION continued 11.15. CASE for the DEFENCE 12.15 SUMMING UP BY THE PROSECUTION 12.25. " " M DEFENCE 12.35. JUDGEMENT 12.45. * * Lunch * * 1.50pm. REVIEW of MOCK TRIAL TERRY WILLIAMS 2.00 TOPIC(S) of INTEREST To be nominated by REM to be selected by REM 3.00. -
Water Services Regulation Authority Water Industry
WATER SERVICES REGULATION AUTHORITY WATER INDUSTRY ACT 1991, SECTION 13(1) Modification of the Conditions of Appointment of Thames Water Utilities Limited Made on 30 March 2015 Coming into effect on 1 April 2015 The Water Services Regulation Authority, in exercise of the power conferred on it by section 13(1) of the Water Industry Act 1991 (“the Act”), after giving notice as required by section 13(2) of the Act, hereby makes the modifications described in the Schedule attached hereto to the Conditions of the Appointment of Thames Water Utilities Limited (“the Appointee”) as a water and sewerage undertaker under Chapter 1 of Part II of the Act, the Appointee having consented to these modifications. Signed for and on behalf of the Water Services Regulation Authority Keith Mason Senior Director of Finance and Networks 1 Schedule 1. Condition A is deleted and replaced with the following text: “Condition A: Interpretation and Construction 1 Unless the contrary intention appears: (1) words and expressions used in these Conditions and references in these Conditions to enactments shall be construed as if they were in an Act of Parliament and the Interpretation Act 1978 applied to them; (2) references in these Conditions to enactments shall include any statutory modification thereof after the transfer date; (3) words and expressions used in these Conditions shall have the same meaning as in any provision of the Water Industry Act 1991; (4) references in these Conditions to sections and Schedules are references to sections of, and Schedules to, the Water Act 1989; and (5) references in these Conditions to paragraphs are references to paragraphs of the Condition in which the reference appears and references to sub- paragraphs are references to sub-paragraphs of the paragraph in which the reference appears. -
The Politics of Privatizing Water Services : in Theory and Practice
THE POLITICS OF PRIVATIZING WATER SERVICES: IN THEORY AND PRACTICE A thesis submitted in fulfilment of the requirements for the Degree of Master of Arts in Political Science in the University of Canterbury by Victoria Treliving University of Canterbury 2000 TABLE OF CONTENTS LIST OF FIGURES AND TABLES ................................................................................. IV ABSTRACT ....................................................................................................................... V ACKNOWLEDGEMENTS .............................................................................................. VI INTRODUCTION .............................................................................................................. 1 CHAPTER 1 - PRIVATIZATION: IN THEORY AND PRACTICE ................................ 5 1.1 THE PUBLIC/PRIVATE DISTINCTION ............................................................................. 6 1.2 PRIVATIZATION IN THEORY ......................................................................................... 9 1.2.1 Privatize 'what'? ............................................................................................... 10 1.2.2 Direction of privatization movement ................................................................ 13 1.2.3 Principles for privatizing ................................................................................... 14 1.2.4 Sovereignty ........................................................................................................ 15 1.2.5 -
THE DEVELOPMENT of the WATER INDUSTRY in ENGLAND and WALES Cover Photograph: Ryburn Dam, Yorkshire
THE DEVELOPMENT OF THE WATER INDUSTRY IN ENGLAND AND WALES Cover photograph: Ryburn Dam, Yorkshire. Courtesy of Yorkshire Water Services Limited. This document sets out our understanding of the development of, and of some of the legal provisions affecting, the water industry in England and Wales. Every reasonable effort has been made to make the information and any commentary accurate and up to date, but no responsibility for its accuracy and correctness, or for any consequences of relying on it, is assumed by the Office of Water Services. The information and commentary does not, and is not intended to, amount to legal advice to any person, nor is it a substitute for the relevant legal provision. Anyone in doubt about how they may be affected by any of the legal provisions referred to in the document should seek legal advice. CONTENTS 1. OVERVIEW 1 1.1 GOVERNMENT POLICY 1 1.2 EARLY CONSOLIDATION 1 1.3 RESTRUCTURING 2 1.4 PRIVATISATION 3 1.5 THE INDUSTRY TODAY 3 2. INITIAL CO-ORDINATION OF WATER RESOURCES IN ENGLAND & WALES 5 2.1 INTRODUCTION 5 2.1.1 Water supply 5 2.1.2 Sewerage & sewage disposal 6 2.1.3 Other interests in water resources 7 2.2 WATER RESOURCES ACT 1963 8 2.2.1 Background 8 2.2.2 River Authorities 8 2.2.3 Water Resources Board 9 2.2.4 Central government 9 2.3 MANAGEMENT OF RESOURCES UNDER THE 1963 ACT 10 2.4 SERVICE DELIVERY 11 2.5 THE NEED FOR CHANGE 11 3. ESTABLISHMENT OF THE WATER AUTHORITIES 12 3.1 INTRODUCTION 12 3.2 WATER ACT 1973 12 3.2.1 Policy proposals 12 3.2.2 Functions of the water authorities 15 3.2.3 Financial arrangements 16 3.2.4 Constitution of the water authorities 16 3.2.5 Board structure 17 3.2.6 Role of central government 18 3.2.7 National Water Council 19 3.2.8 Household water bills 19 3.2.9 Statutory water companies 20 3.2.10 Pollution control 20 3.3 THE POST 1974 OPERATING ENVIRONMENT 22 3.3.1 Access to finance 22 3.3.2 Environmental performance 26 3.4 WATER ACT 1983 27 3.4.1 Constitutional changes 27 3.4.2 Financial changes 28 3.5 THE NEED FOR CHANGE 28 4. -
Water Act 1989
Status: This version of this Act contains provisions that are prospective. Changes to legislation: There are outstanding changes not yet made by the legislation.gov.uk editorial team to Water Act 1989. Any changes that have already been made by the team appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes Water Act 1989 1989 CHAPTER 15 An Act to provide for the establishment and functions of a National Rivers Authority and of committees to advise that Authority; to provide for the transfer of the property, rights and liabilities of water authorities to the National Rivers Authority and to companies nominated by the Secretary of State and for the dissolution of those authorities; to provide for the appointment and functions of a Director General of Water Services and of customer service committees; to provide for companies to be appointed to be water undertakers and sewerage undertakers and for the regulation of the appointed companies; to make provision with respect to, and the finances of, the nominated companies, holding companies of the nominated companies and statutory water companies; to amend the law relating to the supply of water and the law relating to the provision of sewers and the treatment and disposal of sewage; to amend the law with respect to the pollution of water and the law with respect to its abstraction from inland waters and underground strata; to make new provision in relation to flood defence and fisheries; to transfer functions with respect to navigation, conservancy and harbours to the National Rivers Authority; and for connected purposes. -
Water Industry Act 1991
Water Industry Act 1991 1991 CHAPTER 56 An Act to consolidate enactments relating to the supply of water and the provision of sewerage services, with amendments to give effect to recommendations of the Law Commission [25th July 1991] BE IT ENACTED by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:– Part I Preliminary . NOTES Amendment Repealed by the Water Act 2003, ss 34(4), 101(2), Sch 9, Pt 2. Date in force: 1 April 2006: see SI 2005/2714, art 4(a), (g)(i); for savings see art 5(1), Schedule, para 8 thereto. 1 . NOTES Amendment Repealed by the Water Act 2003, ss 34(4), 101(2), Sch 9, Pt 2. Date in force: 1 April 2006: see SI 2005/2714, art 4(a), (g)(i); for savings see art 5(1), Schedule, para 8 thereto. [Water Services Regulation Authority] NOTES Amendment Inserted by virtue of the Water Act 2003, s 34(1). Date in force: 1 April 2006: see SI 2005/2714, art 4(a); for transitional provisions see art 5(1), Schedule, para 8 thereto. [1A Water Services Regulation Authority] [(1) There shall be a body corporate to be known as the Water Services Regulation Authority (in this Act referred to as “the Authority”) for the purpose of carrying out the functions conferred on or transferred to it by this Act or under or by virtue of any other enactment. -
ELM Article Template 23/11/2015 14:03 Page 85
ELM V27 N3-4_COVER+SPINE_Studio_ELM V23 N5_Cover FINAL.qxd 25/11/2015 14:21 Page 1 VOLUME 27 ISSUES 3–4 2015 ENVIRONMENTAL LAW & MANAGEMENT LAW ENVIRONMENTAL 2015 UKELA CONFERENCE PAPERS ELM 27 SPECIAL ISSUE UNITED KINGDOM ENVIRONMENTAL LAW ASSOCIATION UKELA CONFERENCE PAPERS 2015 Water, water everywhere CONTENTS Foreword Introduction – Water law: orientation, perspectives and pointers RICHARD KIMBLIN Key trends impacting port regeneration JOHN MULLIN, ZENIA KOTVAL Water regulation in the UK GORDON McCREATH Environmental law: hot cases JAMES BURTON Flooding: the role of the Environment Agency JONATHAN ROBINSON Leakey v National Trust: a high water mark for flood liability? CAMILLA LAMONT PUBLISHERS OF Flood risk and insurance BIO-SCIENCE LAW REVIEW DUNCAN SPENCER CONTEMPORARY ISSUES IN LAW Water regulation in the United States: background and current major issues ENVIRONMENTAL LAW & MANAGEMENT STEVEN T. MIANO ENVIRONMENTAL LIABILITY ( 2015 Water and wastewater services and planning INFORMATION TECHNOLOGY LAW REPORTS KATE ZABATIS ) THE JOURNAL OF INTERNATIONAL MARITIME LAW 85–178 LAWTEXT Protection for aquatic habitats: are land-based legal tools appropriate? THE JOURNAL OF WATER LAW LYNDA M WARREN UTILITIES LAW REVIEW Working Party Presentations The circular economy: Legal and policy barriers to the waste not, want not circular economy ANGUS MIDDLETON ANGUS EVERS WWW.LAWTEXT.COM Fracking as nuisance – Recent developments in e-mail: [email protected] the legal landscape environmental law in Wales Tel: +44 (0) 1993 706183 CHARLES MORGAN HAYDN -
Judicial Interpretations of the General Water Pollution Offences: an Internal Coherence Perspective
JUDICIAL INTERPRETATIONS OF THE GENERAL WATER POLLUTION OFFENCES: AN INTERNAL COHERENCE PERSPECTIVE A thesis submitted to the University of Manchester for the degree of Doctor of Philosophy In the Faculty of Humanities 2019 MUNIRA PATEL SCHOOL OF LAW CONTENT PAGE (84,878 words) Contents CONTENT PAGE ....................................................................................................................................... 2 ABSTRACT ................................................................................................................................................ 6 DECLARATION .......................................................................................................................................... 8 COPYRIGHT STATEMENT ......................................................................................................................... 8 ACKNOWLEDGMENT ............................................................................................................................. 10 CHAPTER ONE: INTRODUCTION ............................................................................................................. 13 1.1 Introduction..................................................................................................................................... 13 1.2 The Evolution of Environmental and Water Law ............................................................................. 14 1.2.1 European Environmental and Water Law and Policy .................................................................. -
OUR CULTURAL Heritagej
NRA-Recreation & Navigation 2 THE WATER ENVIRONMENT OUR CULTURAL HERITAGEj NRA English Heritage Proceedings of a conference held at the National Exhibition Centre on Wednesday, June 13th 1990 Watermills, bridges and pumping stations are just some of the historical features associated with rivers and wetlands. Important archaeological artefacts - boats, armour and weapons - have been retrieved from rivers during dredging operations, and the waterlogged conditions in river valleys and wetlands have helped to preserve some notable archaeological sites, such as Flag Fen near Peterborough and the Sweet Track in the Somerset Levels. Under the Water Act 1989, the National Rivers Authority, Water PLCs and Internal Drainage Boards were given a duty of “protecting and conserving buildings, sites and other objects of archaeological, architectural or historic interest.” What does this mean for those bodies; how is this duty to be carried out? This conference was to help clarify the issues involved for those working in the water environment, and the speakers, mainly professional archaeologists, explained how features important to our cultural heritage can be identified, documented and preserved for the future. Front Cover: Coalport Bridge (1818) River Severn, Shropshire E n v ir o n m e n t Ag e n c y NATIONAL LIBRARY & INFORMATION SERVICE HEAD OFFICE Rio House. Waterside Drive, Aztec West, Almondsbury, Bristol BS32 4UD Page The NRA; An Introduction - Katherine Bryan 3 Responsibilities and Responses - Mike Hall 5 Structure of Archaeology and Planning - Helen Maclagan * 9 Ancient Monuments and Consents - Graham Fairclough 14 Listed Buildings/lndustial Archaeology - Kate Clark 27 Museums - David Symons 35 Archaeology contractor/consultants; Procurement and running of contracts - Simon Buteux 39 Discussion - Katharine Bryan 43 Closing Adress - George Lambrick 45 Environment Agency Information Centre Head Office Class N o Accession No ...ft.U.C.U.