Section 193C: Determinations as to main rivers

Water Resources Act 1991 · 1991 c. 57View on legislation.gov.uk

Part VIII: INFORMATION PROVISIONS

Subject to the following provisions of this section, the Agency may determine that—

such watercourse or part of a watercourse in England as is specified in the determination is to be treated for the purposes of this Act as a main river or part of a main river;
such watercourse or part of a watercourse in England as is specified in the determination (not being a watercourse designated in a scheme made under section 137) is no longer to be treated for the purposes of this Act as a main river or part of a main river.

Before making a determination under subsection (1) as regards a watercourse, the Agency must—

publish (in such manner as it considers appropriate) the determination it proposes to make, and
consider representations made within the time and in the manner specified by the Agency when publishing the determination.

The Agency must consult the NRBW before making a determination under subsection (1)—

which affects a watercourse part of which is in England and part of which is in Wales, and
in which it seems to the Agency that the NRBW has an interest.

Having taken such steps as are required by subsections (2) and (3), the Agency may—

decide not to make a determination, or
decide to make a determination in accordance with what was proposed under subsection (2)(a) or otherwise.

The Agency must publish (in such manner as it considers appropriate)—

that decision;
the terms of any determination made;
if a determination is made, the date on which a replacement map will give effect to the determination.

The date specified under subsection (5)(c) may not be before the end of a period of six weeks beginning with the day on which the matters specified in subsection (5) are published.

The Agency must also inform those persons affected by the proposal who made representations in accordance with subsection (2)(b) containing an objection to the proposal as to the matters referred to in subsection (5).

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