Section 194C: Determinations as to main rivers, Water Resources Act 1991

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

such watercourse or part of a watercourse in Wales 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 Wales 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 NRBW 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 NRBW when publishing the determination.

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

which affects a watercourse part of which is in Wales and part of which is in England, and

in which it seems to the NRBW that the Agency has an interest.

Having taken such steps as are required by subsections (2) and (3), the NRBW 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 NRBW 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 NRBW 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).

Section 194C: Determinations as to main rivers

Discussed in

About this text