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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. -
Whose River? London and the Thames Estuary, 1960-2014* Vanessa Taylor Univ
This is a post-print version of an article which will appear The London Journal, 40(3) (2015), Special Issue: 'London's River? The Thames as a Contested Environmental Space'. Accepted 15 July 2015. Whose River? London and the Thames Estuary, 1960-2014* Vanessa Taylor Univ. of Greenwich, [email protected] I Introduction For the novelist A.P. Herbert in 1967 the problem with the Thames was simple. 'London River has so many mothers it doesn’t know what to do. ... What is needed is one wise, far- seeing grandmother.’1 Herbert had been campaigning for a barrage across the river to keep the tide out of the city, with little success. There were other, powerful claims on the river and numerous responsible agencies. And the Thames was not just ‘London River’: it runs for over 300 miles from Gloucestershire to the North Sea. The capital’s interdependent relationship with the Thames estuary highlights an important problem of governance. Rivers are complex, multi-functional entities that cut across land-based boundaries and create interdependencies between distant places. How do you govern a city that is connected by its river to other communities up and downstream? Who should decide what the river is for and how it should be managed? The River Thames provides a case study for exploring the challenges of governing a river in a context of changing political cultures. Many different stories could be told about the river, as a water source, drain, port, inland waterway, recreational amenity, riverside space, fishery, wildlife habitat or eco-system. -
Thames Water's Experiences of Moving from Public
30 Years of Technical and Organisational Development in the UK Water Sector: Thames Water’s Experiences of moving from Public to Private Sector Tony Rachwal, Research and Development Director Thames Water, United Kingdom Abstract This paper highlights for an international audience, the major technical, socio- economic and political changes that the UK water industry has faced over the period 1974 – 2006. The author also provides a personal experience of the technical and environmental challenges met by Thames Water in this period. The formation of publicly owned Water Authorities to implement integrated river basin water management is discussed. Government drivers for privatisation and the formation of water industry regulators are reviewed. Privatisation has had impacts on improved water quality and customer service, higher capital investment and changes to pricing mechanisms. A wide range of public and private ownership and service delivery models are now used in the UK water industry. Key Words: privatisation, Thames Water, regulation, customer, water, technology Introduction – Early Private and Public Ownership Models The concept of public or private ownership and operating models for water and wastewater services is not new. Roman and Greek civilisations 2000 years ago developed large-scale public funded aqueducts and also developed smaller private estate, water and wastewater assets and operations. In the UK, a notable private- funded water supply venture was completed in 1613. This was the 50km New River project to supply London with freshwater from distant groundwater springs. An entrepreneur named Sir Hugh Myddelton and merchant adventure partners raised a shareholding of £18,000 to form the Company of the New River. -
Hydrogeology of Wales
Hydrogeology of Wales N S Robins and J Davies Contributors D A Jones, Natural Resources Wales and G Farr, British Geological Survey This report was compiled from articles published in Earthwise on 11 February 2016 http://earthwise.bgs.ac.uk/index.php/Category:Hydrogeology_of_Wales BRITISH GEOLOGICAL SURVEY The National Grid and other Ordnance Survey data © Crown Copyright and database rights 2015. Hydrogeology of Wales Ordnance Survey Licence No. 100021290 EUL. N S Robins and J Davies Bibliographical reference Contributors ROBINS N S, DAVIES, J. 2015. D A Jones, Natural Rsources Wales and Hydrogeology of Wales. British G Farr, British Geological Survey Geological Survey Copyright in materials derived from the British Geological Survey’s work is owned by the Natural Environment Research Council (NERC) and/or the authority that commissioned the work. You may not copy or adapt this publication without first obtaining permission. Contact the BGS Intellectual Property Rights Section, British Geological Survey, Keyworth, e-mail [email protected]. You may quote extracts of a reasonable length without prior permission, provided a full acknowledgement is given of the source of the extract. Maps and diagrams in this book use topography based on Ordnance Survey mapping. Cover photo: Llandberis Slate Quarry, P802416 © NERC 2015. All rights reserved KEYWORTH, NOTTINGHAM BRITISH GEOLOGICAL SURVEY 2015 BRITISH GEOLOGICAL SURVEY The full range of our publications is available from BGS British Geological Survey offices shops at Nottingham, Edinburgh, London and Cardiff (Welsh publications only) see contact details below or BGS Central Enquiries Desk shop online at www.geologyshop.com Tel 0115 936 3143 Fax 0115 936 3276 email [email protected] The London Information Office also maintains a reference collection of BGS publications, including Environmental Science Centre, Keyworth, maps, for consultation. -
Water Recycling in Australia (Report)
WATER RECYCLING IN AUSTRALIA A review undertaken by the Australian Academy of Technological Sciences and Engineering 2004 Water Recycling in Australia © Australian Academy of Technological Sciences and Engineering ISBN 1875618 80 5. This work is copyright. Apart from any use permitted under the Copyright Act 1968, no part may be reproduced by any process without written permission from the publisher. Requests and inquiries concerning reproduction rights should be directed to the publisher. Publisher: Australian Academy of Technological Sciences and Engineering Ian McLennan House 197 Royal Parade, Parkville, Victoria 3052 (PO Box 355, Parkville Victoria 3052) ph: +61 3 9347 0622 fax: +61 3 9347 8237 www.atse.org.au This report is also available as a PDF document on the website of ATSE, www.atse.org.au Authorship: The Study Director and author of this report was Dr John C Radcliffe AM FTSE Production: BPA Print Group, 11 Evans Street Burwood, Victoria 3125 Cover: - Integrated water cycle management of water in the home, encompassing reticulated drinking water from local catchment, harvested rainwater from the roof, effluent treated for recycling back to the home for non-drinking water purposes and environmentally sensitive stormwater management. – Illustration courtesy of Gold Coast Water FOREWORD The Australian Academy of Technological Sciences and Engineering is one of the four national learned academies. Membership is by nomination and its Fellows have achieved distinction in their fields. The Academy provides a forum for study and discussion, explores policy issues relating to advancing technologies, formulates comment and advice to government and to the community on technological and engineering matters, and encourages research, education and the pursuit of excellence. -
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 Manchester Ship Canal Company Ltd and Another (Respondents) V United Utilities Water Plc (Appellant), the Manchester Ship Ca
Trinity Term [2014] UKSC 40 On appeal from: [2013] EWCA Civ 40 JUDGMENT The Manchester Ship Canal Company Ltd and another (Respondents) v United Utilities Water Plc (Appellant) The Manchester Ship Canal Company Ltd (Respondent) v United Utilities Water Plc (Appellant) before Lord Neuberger, President Lord Clarke Lord Sumption Lord Hughes Lord Toulson JUDGMENT GIVEN ON 2 July 2014 Heard on 6-7 May 2014 Appellant Respondent Jonathan Karas QC Robert McCracken QC Julian Greenhill Rebecca Clutten Richard Moules (Instructed by Bircham James McCreath Dyson Bell LLP) (Instructed by Pinsent Masons LLP) Intervener Intervener (The Middle Stephen Tromans QC Level Commissioners) Catherine Dobson Charles Morgan (Instructed by Canal and Laura Elizabeth John River Trust) (Instructed by Taylor Vinters) Intervener Douglas Edwards QC Richard Honey (Instructed by Anglian Water Services Limited) LORD SUMPTION (with whom Lord Clarke and Lord Hughes agree) Introduction 1. The question at issue on this appeal is whether a sewerage undertaker under the Water Industry Act 1991 has a statutory right to discharge surface water and treated effluent into private watercourses such as the Respondents’ canals without the consent of their owners. 2. Discharge into a private watercourse is an entry on the owner’s land, and as such is an unlawful trespass unless it is authorised by statute. It is common ground that no express statutory right is conferred by the Water Industry Act. The question is therefore whether it should be implied. A statutory right to commit what would otherwise be a tort may of course be implied. But since this necessarily involves an interference with the rights of others, the test has always been restrictive. -
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. -
Report by Castalia
Subject: LGNZ release of Castalia reports, context and response Dear Members We’ve had requests from you to share the Castalia reports LGNZ commissioned at the start of the Three Waters Reform process. We are of course happy to do so (please see attached), but it is important to read these reports in the context in which they were commissioned including the timing and the subsequent responses to this work. In essence, the Castalia reports were done under tight constraints, commissioned by LGNZ outside of Steering Committee work programme with only publicly available information... They were extremely valuable at a point of time in shaping LGNZ’s thinking and ensuring our focus was directed to the key parts of the policy development process that needed attention. Throughout the reform process a range of external expertise informed analysis and the Castalia reports proved useful as policy has been developed. Some of the issues they raised are outlined below. Context As LGNZ engaged in the very early stages of the Three Waters Reform work we sought independent guidance from economic water experts to advise us what parameters to consider when assessing water service delivery models. In addition, we commissioned a high-level scan of different policy options available to decision-makers (options analysis), and a review of the Water Industry Commission for Scotland’s (WICS) Phase 1 modelling. That advice is summarised as follows: • Parameters for evaluating water service delivery models: An overview of what parameters and institutional setting -
Analysis of River Basin Organization Lessons from UK and USA (Case Study: Indonesia)
Institutional Arrangement of Integrated River Basin Management: Analysis of River Basin Organization Lessons from UK and USA (Case Study: Indonesia) THESIS A thesis submitted in partial fulfillment of the requirements for the Master Degree from University of Groningen and the Master Degree from Institute of Technology Bandung by: FITYAN AONILLAH RUG : S 1623273 ITB : 25405027 DOUBLE MASTER DEGREE PROGRAMME ENVIRONMENTAL AND INFRASTRUCTURE PLANNING FACULTY OF SPATIAL SCIENCES UNIVERSITY OF GRONINGEN AND DEVELOPMENT PLANNING AND INFRASTRUCTURE MANAGEMENT SCHOOL OF ARCHITECTURE, PLANNING, AND POLICY DEVELOPMENT INSTITUTE OF TECHNOLOGY BANDUNG 2007 i Abstract Existing institutional arrangement of river basin management in Indonesia leads to some problem concerning authority, boundaries, coordination, and integration. Some studies reveal that the problem is also faced by other developing countries in Asian and Latin America. Now Indonesia is trying to reform water sector by issuing new Water Resources Act. In basin level, it will emphasize on institutional and financial framework. This process is pushed by the declining of water resources and government reorganization through decentralization in 2000. There is a plan to reorganize existing institution responsible to river basin management (river basin organization) in order to enhance its environmental and financial performance. This research makes comparative analysis of river basin organization among United Kingdom (UK), United States of America (USA), and Indonesia. It also considers the opportunity to take a lesson from UK and USA experience for Indonesia. UK and USA has long history in dealing with water sector problem including water management at basin level. Many book and studies often use UK and USA as object to be analyzed. -
Drainage Institutions in the Netherlands
Drainage Institutions in Public Disclosure Authorized Western Europe: England, the Netherlands, France and Germany Niranjan Pant Public Disclosure Authorized Irrigation and Water Engineering Wageningen University The Netherlands November 2000 Public Disclosure Authorized Public Disclosure Authorized © International Bank for Reconstruction & Development, 2002 Rural Development Department 1818 H Street N.W. Washington, D.C. 20433 This paper was commissioned by the World Bank through the World Bank-Wageningen University Cooperative Programme. It was first printed in India as a CWP Working Paper Series. This paper carries the name of the author and should be used and cited accordingly. The findings, interpretations, and conclusions are the author’s own and should not attributed to the World Bank, its Board of Directors, its management, or any member countries. Preface This paper is one of a series of products created under a collaborative work program between the Rural Development Department of the World Bank, Washington D.C., and the Irrigation and Water Engineering Group at Wageningen University, the Netherlands. The program ran from 1999 to 2002 and was headed by Dr. Geert Diemer (World Bank) and Dr Peter P. Mollinga (Wageningen University). Dr. Mollinga served as primary editor for the series of products coming from this program. The activities in this program focused on participatory irrigation management. Through this cooperative program, Wageningen University staff participated in the Training of Trainers programs organized by International Network on Participatory Irrigation Management (INPIM) in Bari, Italy. The views expressed in the research papers are those of the authors, and do not necessarily reflect the views of the program coordinators; Wageningen University; or the World Bank or its Board of Executive Directors. -
Operational Selection Policy 58 Environment Agency 1996-2012
Operational Selection Policy 58 Environment Agency 1996-2012 November 2012 © Crown copyright 2012 You may re-use this information (excluding logos) free of charge in any format or medium, under the terms of the Open Government Licence. To view this licence, visit nationalarchives.gov.uk/doc/open-government-licence or email [email protected]. Where we have identified any third-party copyright information, you will need to obtain permission from the copyright holders concerned. This publication is available for download at nationalarchives.gov.uk. Operational Selection Policy OSP 58: Environment Agency 1996-2012 Authority The National Archives’ Acquisition Policy statement announced the Archives’ intention of developing, in consultation with departments, Operational Selection Policies across government. These Policies would apply the collection themes described in the policy to the records of individual departments and agencies. Operational Selection Policies are intended to be working tools for those involved in the selection of public records. This policy may, therefore, be reviewed and revised in the light of comments received from the users of the records or from archive professionals, the department’s experience of using the policy, or as a result of newly discovered information. There is no formal cycle of review and revision will be determined according to the nature of the comments received. This policy is a presentation version of an appraisal report. Appraisal reports have been developed to implement The National Archives’ Appraisal Policy, published in August 2004. They are designed to provide structured information about the responsibilities, work and records of an organisation so that appraisers can identify records of potential historical value.