The Reservoirs Act 1975 (Capacity, Registration, Prescribed Forms, etc.) (Wales) Regulations 2016

• Citation: S.I. 2016/80 (W.)
• Sections: 33

Section 1 Title, commencement and application

(1) The title of these Regulations is the Reservoirs Act 1975 (Capacity, Registration, Prescribed Forms, etc.) (Wales) Regulations 2016.

(2) These Regulations come into force on 1 April 2016.

(3) These Regulations apply in relation to Wales.

Section 2 Interpretation

(1) In these Regulations—

“the 1930 Act” (“Deddf 1930”) means the Reservoirs (Safety Provisions) Act 1930 ;

“the 1975 Act” (“Deddf 1975”) means the Reservoirs Act 1975;

“the NRBW” (CANC”) means the Natural Resources Body for Wales;

“Welsh register” (cofrestr Cymru”) means the register required to be established and maintained by the NRBW under section 2(2) of the 1975 Act;

“lowest natural level of any part of the surrounding land” (“lefel naturiol isaf unrhyw ran o’r tir amgylchynol”) includes the lowest bed level of any watercourse;

“natural level” (lefel naturiol”) is the level of the natural land remaining after the construction or any alteration of a large raised reservoir;

“panel” (“panel”) means a panel of civil engineers constituted under section 4 of the 1975 Act ;

“structure” (“adeiledd”) means a dam, reservoir wall or embankment that retains water;

“surrounding land” (“tir amgylchynol”) means the land contiguous to a large raised reservoir;

“toe” (“troed”) means the point on the downstream side of a structure forming part of the reservoir where its base meets the lowest natural level of any part of the surrounding land;

“top water level” (“lefel uchaf y dŵr”) means—

in the case of a reservoir with a fixed overflow sill, the lowest crest level of that sill;

in the case of a reservoir, the overflow from which is controlled wholly or partly by moveable gates, syphons or otherwise, the maximum level to which water may be stored exclusive of any provision for flood storage; or

in the case of a reservoir designed for the purposes of holding back floodwater, the maximum level to which floodwater may be stored during any flood event exclusive of any provision for overflow.

(2) In these Regulations—

(a) any information required or notification given must be in writing;

(b) a reference to any document or information includes that document or information in electronic form;

(c) any document or information communicated by electronic means is deemed—

(i) to have been sent where the sender can produce a copy of the electronic communication which—

(aa) contained the document or information;

(bb) shows the time and date the message was sent; and

(cc) shows that the document was sent to the recipient;

(ii) to have been sent by the person from whom it purports to originate; and

(iii) not to have been tampered with or otherwise modified;

(d) any requirement for a signature in a report, certificate or directions to which these Regulations apply may be satisfied by an electronic signature incorporated into the document;

(e) “electronic signature” (“llofnod electronig”) means data in electronic form which are attached to or logically associated with other electronic data and which serve as a method of authentication.

Section 3 Calculation of capacity

(1) For the purposes of section A1(3) of the 1975 Act capacity of a large raised reservoir is to be calculated by measuring the maximum volume of water in cubic metres capable of being stored—

(a) above the bed of the reservoir; and

(b) between the toe of the reservoir and its top water level.

(2) Water below the natural level of any part of the surrounding land is not to be included in the calculation.

(3) In this regulation “bed of the reservoir” (“gwely’r gronfa ddŵr”) includes any silt or other material that is judged by the engineer giving a final certificate, or giving a certificate under section 13(2) of the 1975 Act, to be incapable of flowing out of the reservoir over natural land in the event of an uncontrolled release of water from the reservoir.

Section 4 Registration requirements

(1) For the purpose of section 2(2C) of the 1975 Act, the information that is to be registered with the NRBW by an undertaker of a large raised reservoir is that prescribed in Schedule 1, paragraphs 1 to 7.

(2) The information prescribed in Schedule 1 must be registered—

(a) before the end of the period of 28 days beginning with the day of the issue of a final certificate given in accordance with section 7 of the 1975 Act in relation to—

(i) the construction of a new reservoir;

(ii) the alteration of an existing structure or area that prior to its alteration was not a large raised reservoir; or

(iii) the alteration of an area of a reservoir that prior to its alteration was not a large raised reservoir;

(b) within 6 months of registration under section 2(2C) of the 1975 Act,

(c) whichever is the sooner.

Section 5 Notification of changes to the Welsh register

(1) Where there has been a change or addition to any of the information registered in accordance with regulation 4, the undertaker must provide the NRBW with the relevant up to date information within 28 days of the date of the change or addition.

(2) The NRBW may request confirmation from the undertaker that any or all of the information given by that undertaker for the purposes of the Welsh register is up to date or complete.

(3) Where paragraph (2) applies, without prejudice to paragraphs (4), (6) and (8), the undertaker must within 28 days beginning with the day on which the NRBW requests such confirmation—

(a) confirm that the relevant information is up to date or, where any of that information is not up to date, provide the up to date information; and

(b) where any of the information is not complete or is missing, provide the complete or missing information.

(4) Where an alteration so as to increase or decrease the capacity of a large raised reservoir is proposed to be carried out, the undertaker must notify the NRBW not less than 28 days before the commencement of alteration works.

(5) A notification referred to in paragraph (4) must contain the following information—

(a) the date of the proposed commencement of the alteration;

(b) a description of the nature and extent of the proposed work to the large raised reservoir.

(6) Where it is proposed that the use of a large raised reservoir be abandoned under section 14 of the 1975 Act , the undertaker must notify the NRBW not less than 28 days before any such proposed abandonment of use.

(7) A notification referred to in paragraph (6) must include the proposed commencement date of the abandonment of use.

(8) Where a construction, supervising or inspecting engineer is appointed for the purposes of the 1975 Act, the undertaker must notify NRBW of the date of the appointment within 28 days.

(9) The undertaker must notify the NRBW within 28 days of the date on which an engineer ceases to be—

(a) the construction engineer before that engineer has issued a final certificate;

(b) the inspecting or supervising engineer.

(10) An undertaker who intends to cease being an undertaker must notify the NRBW of—

(a) the date on which the undertaker intends to cease being the undertaker;

(b) the name and address of the person who is intended to be the new undertaker;

(c) the date on which that person is intended to become the new undertaker.

Section 6 Keeping and inspection of the Welsh register

(1) The Welsh register must be kept at the principal office of the NRBW .

(2) The NRBW must record the information prescribed in paragraphs 8 to 10 of Schedule 1 in the Welsh register.

Section 7 Reports by the NRBW to the Welsh Ministers

(1) For the purposes of section 3(1) of the 1975 Act, the NRBW is to report to the Welsh Ministers –

(a) in relation to the period 1 April 2016 to 31 March 2017 no later than 30 September 2017; and

(b) at two yearly intervals thereafter.

(2) The NRBW must submit the report to the Welsh Ministers no later than 6 months after the end of the period to which the report relates.

(3) The report must confirm—

(a) the number of large raised reservoirs that have been registered;

(b) the steps (if any) that the NRBW has taken to ensure the undertakers of a large raised reservoir have complied with the requirements of the 1975 Act; and

(c) if the NRBW is itself the undertaker for any large raised reservoir, a statement as to—

(i) the number of large raised reservoirs for which it is the undertaker; and

(ii) any steps it has taken to observe and comply with the requirements of the 1975 Act.

Section 8 Records of water levels etc.

To comply with section 11(1) of the 1975 Act, the undertaker of a high risk reservoir must

(a) keep a record in the form prescribed in Schedule 2; and

(b) record the matters prescribed in Schedule 3.

Section 9 Form of certificates of engineers

For the purposes of section 20(1) of the 1975 Act, the following certificates must be in the form prescribed in Schedule 4—

(a) a preliminary certificate given under section 7(1) of the 1975 Act;

(b) an interim certificate given under section 7(2) of the 1975 Act;

(c) a final certificate given under section 7(3) of the 1975 Act;

(d) a certificate of efficient execution of works given under section 7(6) or 8(7) of the 1975 Act ;

(e) a certificate given under section 10(5) of the 1975 Act as to the report of an inspecting engineer;

(f) a certificate given under section 10(6) of the 1975 Act as to the carrying into effect of safety recommendations;

(g) a certificate given under section 12AA(3) of the 1975 Act as to the satisfaction of the requirements of a direction to prepare a flood plan;

(h) an interim certificate given under section 13(1A) of the 1975 Act;

(i) a certificate given under section 13(2) of the 1975 Act as to the completion and efficient execution of an alteration so as to discontinue a large raised reservoir;

(j) a certificate given under section 14(3) of the 1975 Act as to the report of an engineer;

(k) a certificate given under section 15(2) of the 1975 Act as to the carrying into effect of safety recommendations; or

(l) a referee’s certificate given under section 19(4) of the 1975 Act .

Section 10 Form of reports of engineers

For the purposes of section 20(1) of the 1975 Act, the following reports must be in the form prescribed in Schedule 5—

(a) a report under section 8(2) of the 1975 Act of an engineer made on the construction or alteration of a large raised reservoir;

(b) a report under section 9(1) of the 1975 Act of an engineer made before the re-use of an abandoned large raised reservoir;

(c) a report under section 10(1) of the 1975 Act made following an engineer’s inspection of a high-risk reservoir;

(d) a report under section 14(1) of the 1975 Act of an engineer as to measures that ought to be taken on abandonment of a large raised reservoir.

Section 11 Forms of directions of engineers

For the purposes of section 20(1) of the 1975 Act, the following directions must be in the form prescribed in Schedule 6—

(a) a direction made under section 11(2) of the 1975 Act (recording of water levels etc.);

(b) a direction made under section 12(6) of the 1975 Act (supervision of reservoirs: visual inspection by undertaker);

(c) a direction made under section 12AA(4) of the 1975 Act (flood plans: testing);

(d) a direction made under section 12AA(7) of the 1975 Act (flood plans: revision); or

(e) a direction made under section 19(4A) of the 1975 Act (reference of disputed recommendations to a referee: direction to engineer to issue a certificate).

Section 12 Prescribed information under section 21(1) of the 1975 Act to be provided by undertakers when intending to construct or bring back into use a large raised reservoir

The information that is to be given in a notice served by an undertaker under section 21(1) of the 1975 Act on the NRBW is the information prescribed in Schedule 7.

Section 13 Reports to the NRBW

(1) This regulation applies in relation to any incident—

(a) which results, or could result, in the uncontrolled release of water from a large raised reservoir; and

(b) in respect of which emergency measures have been taken to prevent any or any further uncontrolled release of water and to minimise the danger to human life.

(2) Where this regulation applies, the undertaker must send to the NRBW—

(a) a preliminary report of the incident as soon as practicable after the commencement of the emergency measures; and

(b) a final report of the incident within one year beginning with the day after the day on which the emergency measures were commenced.

(3) The preliminary report must contain sufficient particulars to enable the NRBW to ascertain the date and time of the incident, the location of the reservoir and confirm the immediately observable facts.

(4) The final report of the incident referred to in paragraph (2)(b) must contain—

(a) the facts of the incident;

(b) analysis of its circumstances;

(c) conclusions that can be drawn from that analysis with reasons for the conclusions;

(d) confirmation of what steps are recommended to avoid a repeat of the incident.

(5) The NRBW may direct an undertaker to revise the final report but must —

(a) explain the reasons why each revision is necessary; and

(b) specify a period, not less than three months, within which the undertaker must make the revisions.

(6) Revisions to the final report are not be effective unless—

(a) the undertaker has sent a version of the report to the NRBW which incorporates the revisions notified by the NRBW, and

(b) the NRBW has accepted the revisions.

Section 14 Revocations

The following Regulations are revoked—

(a) the Reservoirs Act 1975 (Registers, Reports and Records) Regulations 1985 ;

(b) the Reservoirs Act 1975 (Registers, Reports and Records) (Amendment) Regulations 1985 ;

(c) the Reservoirs Act 1975 (Certificates, Reports and Prescribed Information) Regulations 1986 .

Section 1

Name and situation of reservoir.

Section 2

National grid reference of reservoir.

Section 3

Name and address of all undertakers with responsibility for the reservoir.

Section 4

A summary of the contents of all certificates or reports made under the 1975 Act, or the 1930 Act, including—

(a) the name and address of the engineer giving the certificate or making the report;

(b) the section of whichever Act the certificate is given under or the report is made;

(c) where no final certificate has been given under the 1975 Act, a statement of that fact;

(d) where no final certificate was given under the 1930 Act because the construction or alteration of the reservoir was completed before the commencement of that Act, a statement of that fact.

Section 5

The following information if it is revealed by any certificate, report or statement—

(a) the category of the reservoir (whether impounding or non-impounding);

(b) year(s) in which the dam(s), reservoir walls or embankments(s) were completed;

(c) the construction of the dam(s), reservoir walls or embankments(s) (i.e. whether constructed of earth, rockfill, gravity, buttress or by other means);

(d) the level of the top of the dam(s), reservoir walls or embankments(s) of the reservoir with reference to Ordnance Datum;

(e) the top water level of the reservoir with reference to Ordnance Datum;

(f) the maximum height of the dam(s), reservoir walls or embankments(s) measured in metres from the lowest natural level of the surrounding land, to the top of the dam(s), reservoir walls or embankments, excluding the height of the wave wall;

(g) the capacity of the reservoir;

(h) the water surface area of the reservoir at top water level (in square metres or square kilometres).

Section 6

Name and business address of the supervising engineer or, if the reservoir is under the supervision of the construction engineer, of that engineer.

Section 7

Date when the next inspection is due under the 1975 Act or any date recommended for the next inspection under the 1975 Act by the supervising or inspecting engineer.

Section 8

Particulars of any appointment made by the NRBW under section 15 of the 1975 Act.

Section 9

Particulars of any appointment made by the NRBW under section 16 of the 1975 Act, including the date on which they were taken.

Section 10

Whether the large raised reservoir is designated as a high risk reservoir.

Section 1 Interpretation

In this Schedule “fetch” (“cyrhaeddiad”) means the effective length of the reservoir over which wind can build up waves.

Section 2 Prescribed matters

An undertaker of a high risk reservoirs must keep a record of the following matters—

(a) any person who has acted as an undertaker or engineer under the 1975 Act;

(b) flood plan details;

(c) means of access to the reservoir;

(d) category of the reservoir (i.e. whether impounding or non-impounding), its use, the certified level up to which it may store water, its surface water area, capacity and fetch;

(e) structural character of the dam(s), reservoir walls or embankments, their date of completion, height, level of the top of the dam(s), reservoir walls or embankments and of the wave wall above Ordnance Datum;

(f) details of draw off works, bottom outlets, or any other means of lowering the water level, together with their maximum rates of discharge;

(g) physical characteristics of direct and indirect catchment areas of the reservoir and method of filling from indirect catchment area;

(h) standard average annual rainfall on direct and indirect catchment areas of the reservoir;

(i) spillway works, their type, location and level and the safety provisions made in connection with their operation;

(j) measures taken in the interests of safety on the recommendation of a qualified civil engineer;

(k) supervising engineer directions and recommendations;

(l) unusual events which could affect the safety of the reservoir;

(m) certificates given under the 1975 Act or under the 1930 Act;

(n) reports made under the 1975 Act or under the 1930 Act;

(o) directions made under the 1975 Act;

(p) appointment of referees under the 1975 Act;

(q) re-use, abandonment and discontinuance;

(r) drawing register;

(s) instrumentation at the reservoir;

(t) records of extent of opening of valves, gates and penstocks, related information and directions by an engineer.

Section 1

Name and address of undertakers serving notice.

Section 2

Name and situation of reservoir.

Section 3

National grid reference of approximate centre of the reservoir.

Section 4

Whether the undertakers intend—

(a) to construct a new large raised reservoir; or

(b) to bring a large raised reservoir back into use after that use has been abandoned.

Section 5

The date when it is intended that construction will commence or the date when it is intended the reservoir will be brought back into use, as the case may be.

Section 6

Name and address of the construction engineer or, in the case of re-use, of the engineer appointed for the purposes of section 9 of the 1975 Act.

Section 7

The following information about the reservoir as it will be when constructed, or brought back into use as proposed—

(a) category (i.e. whether impounding or non-impounding);

(b) date(s) or approximate date(s) of completion of the dam(s), reservoir walls or embankments(s);

(c) construction of the dam(s), reservoir walls or embankments(s) (i.e. whether constructed of earth, rockfill, gravity, buttress or by other means);

(d) maximum height of the dam(s), reservoir walls or embankment(s) (in metres), measured from the lowest natural level of the surrounding land contiguous to it, to the top of the dam(s), reservoir walls or embankment(s), excluding the height of the wave wall;

(e) the height of the dam(s), reservoir walls or embankment(s) (in metres) measured from the lowest natural level of the surrounding land contiguous to it to top water level;

(f) the level of the top of the dam, the walls or embankment of the reservoir with reference to Ordnance Datum;

(g) the top water level of the reservoir with reference to Ordnance Datum;

(h) capacity (in cubic metres), measured from the lowest natural level of the surrounding land contiguous to it to top water level;

(i) the water surface area at top water level (in square metres or square kilometres).