Clause 16 - Publication of application for licence
Water Bill [Lords]
9:45 am
Mr Elliot Morley (Minister of State (Environment and Agri-Environment), Department for Environment, Food and Rural Affairs; Scunthorpe, Labour)
I can go some way to meet what the hon. Gentleman wants, because there will be regulations for exemptions in relation to advertising. However, I do not agree with the figure of 50,000 cu m, because as we discussed earlier, even small-scale impounding could have severe environmental consequences downstream, so it would be a mistake to have volumetric thresholds.
However, under new section 37, the Secretary of State will have the power to make regulations giving the agency discretion in respect of whether applications require publication and consultation. We will draw up those regulations and put them out for consultation in the normal way. The regulations will be proportionate: there will be some very minor impounding applications and it may not serve any useful purpose if they have to go through the process
and expense of advertising. Although I appreciate the hon. Gentleman's intention in tabling the amendment, it would be a mistake to specify absolute limits, because each application should be considered on its individual merits and its potential consequences.