LegalizeReform history
Water Resources Act 1991
100 versions
· 1991-07-25
2026-04-06
Water Resources Act 1991
2026-01-01
Water Resources Act 1991
2025-04-15
Water Resources Act 1991
2025-04-06
Water Resources Act 1991
2025-02-24
Water Resources Act 1991
2024-03-13
Water Resources Act 1991
2024-01-01
Water Resources Act 1991
2022-09-08
Water Resources Act 1991
2022-03-25
Water Resources Act 1991
2022-01-09
Water Resources Act 1991
2021-02-11
Water Resources Act 1991
2021-01-23
Water Resources Act 1991
2021-01-21
Water Resources Act 1991
2020-12-31
Water Resources Act 1991
2020-03-27
Water Resources Act 1991
2018-09-17
Water Resources Act 1991
2018-05-31
Water Resources Act 1991
2018-01-02
Water Resources Act 1991
2018-01-01
Water Resources Act 1991
2017-12-22
Water Resources Act 1991
2017-11-30
Water Resources Act 1991
2017-09-05
Water Resources Act 1991
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Water Resources Act 1991
2017-03-31
Water Resources Act 1991
2017-03-01
Water Resources Act 1991
2017-02-23
Water Resources Act 1991
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Water Resources Act 1991
2016-11-30
Water Resources Act 1991
2016-04-06
Water Resources Act 1991
2016-01-12
Water Resources Act 1991
2015-12-16
Water Resources Act 1991
2015-10-16
Water Resources Act 1991
2015-09-06
Water Resources Act 1991
2015-07-01
Water Resources Act 1991
2015-06-30
Water Resources Act 1991
2015-05-26
Water Resources Act 1991
2015-03-12
Water Resources Act 1991
2015-03-11
Water Resources Act 1991
2014-12-31
Water Resources Act 1991
2014-12-15
Water Resources Act 1991
2014-07-14
Water Resources Act 1991
2014-04-01
Water Resources Act 1991
2013-11-06
Water Resources Act 1991
2013-08-22
Water Resources Act 1991
2013-08-21
Water Resources Act 1991
2013-04-01
Water Resources Act 1991
2012-09-26
Water Resources Act 1991
2012-07-02
Water Resources Act 1991
2012-03-24
Water Resources Act 1991
2012-03-01
Water Resources Act 1991
2011-12-01
Water Resources Act 1991
2011-10-01
Water Resources Act 1991
2011-04-22
Water Resources Act 1991
2011-04-06
Water Resources Act 1991
2011-02-01
Water Resources Act 1991
2010-09-01
Water Resources Act 1991
2010-08-27
Water Resources Act 1991
2010-07-20
Water Resources Act 1991
2010-04-06
Water Resources Act 1991
2010-03-24
Water Resources Act 1991
2010-01-15
Water Resources Act 1991
2010-01-12
Water Resources Act 1991
2009-12-22
Water Resources Act 1991
2009-10-30
Water Resources Act 1991
2009-10-01
Water Resources Act 1991
2009-07-07
Water Resources Act 1991
2009-07-02
Water Resources Act 1991
Changes on 2009-07-02
@@ -9306,11 +9306,11 @@
| Sch 25 | 1963 s. 79(3)–(6); 1973 s. 9; 1975 Sch 3 paras 14–16 & 19–36; 1976 s. 34; [1986 (c. 62)](https://www.legislation.gov.uk/ukpga/1986/62) s. 33(3); 1989 ss. 114, 158, Sch 13 para 21, Sch 15 para 15(1) & Sch 17 para 7(14)(c) & (d); R: 5. |
| Sch 26 | 1989 Sch 24. |
#### General duties with respect to the water industry.
#### Water resources management schemes.
#### Restrictions on abstraction.
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### General management of resources by the Agency.
#### Abstraction licences
##### 79A
@@ -9394,7 +9394,7 @@
- “*inland navigation*” has the same meaning as in section 77 above.
#### Power to provide for further rights to abstract.
#### Power to provide for further exemptions
### Consents for the purposes of sections 88 to 90
@@ -12054,6 +12054,14 @@
[^key-10a7e42e9d04fbc08a803e58a647cf01]: Pt. II Ch. II modified (9.6.2009) by [Nottingham Express Transit System Order 2009 (S.I. 2009/1300)](https://www.legislation.gov.uk/uksi/2009/1300), [arts. 1](https://www.legislation.gov.uk/uksi/2009/1300/article/1), [71(12)](https://www.legislation.gov.uk/uksi/2009/1300/article/71/12) (with [Sch. 13 para. 14(2)](https://www.legislation.gov.uk/uksi/2009/1300/schedule/13/paragraph/14/2), [Sch. 14 para. 19](https://www.legislation.gov.uk/uksi/2009/1300/schedule/14/paragraph/19), [Sch. 16](https://www.legislation.gov.uk/uksi/2009/1300/schedule/16))
[^key-92a46f6504c55d7266945a7cdf817b31]: S. 173 applied (with modifications) (2.7.2009) by [Broads Authority Act 2009 (c. i)](https://www.legislation.gov.uk/ukla/2009/1), [s. 17(3)](https://www.legislation.gov.uk/ukla/2009/1/section/17/3) (with [ss. 2(3)](https://www.legislation.gov.uk/ukla/2009/1/section/2/3), [16(3)](https://www.legislation.gov.uk/ukla/2009/1/section/16/3), [42](https://www.legislation.gov.uk/ukla/2009/1/section/42), [Sch. 6](https://www.legislation.gov.uk/ukla/2009/1/schedule/6))
[^key-75a15e78250d0b19601c8fe3f2d02159]: Sch. 20 applied (with modifications) (2.7.2009) by [Broads Authority Act 2009 (c. i)](https://www.legislation.gov.uk/ukla/2009/1), [s. 17(3)](https://www.legislation.gov.uk/ukla/2009/1/section/17/3) (with [ss. 2(3)](https://www.legislation.gov.uk/ukla/2009/1/section/2/3), [16(3)](https://www.legislation.gov.uk/ukla/2009/1/section/16/3), [42](https://www.legislation.gov.uk/ukla/2009/1/section/42), [Sch. 6](https://www.legislation.gov.uk/ukla/2009/1/schedule/6))
[^key-25f061ca3dfac7434bbe4d7fa5b9ed51]: S. 173 applied (with modifications) (2.7.2009) by [Broads Authority Act 2009 (c. i)](https://www.legislation.gov.uk/ukla/2009/1), [s. 24(3)](https://www.legislation.gov.uk/ukla/2009/1/section/24/3) (with [ss. 2(3)](https://www.legislation.gov.uk/ukla/2009/1/section/2/3), [16(3)](https://www.legislation.gov.uk/ukla/2009/1/section/16/3), [41(4)](https://www.legislation.gov.uk/ukla/2009/1/section/41/4), [42](https://www.legislation.gov.uk/ukla/2009/1/section/42), [Sch. 6](https://www.legislation.gov.uk/ukla/2009/1/schedule/6))
[^key-a20c789ab30b0a305f068294145a9b87]: Sch. 20 applied (with modifications) (2.7.2009) by [Broads Authority Act 2009 (c. i)](https://www.legislation.gov.uk/ukla/2009/1), [s. 24(3)](https://www.legislation.gov.uk/ukla/2009/1/section/24/3) (with [ss. 2(3)](https://www.legislation.gov.uk/ukla/2009/1/section/2/3), [16(3)](https://www.legislation.gov.uk/ukla/2009/1/section/16/3), [41(4)](https://www.legislation.gov.uk/ukla/2009/1/section/41/4), [42](https://www.legislation.gov.uk/ukla/2009/1/section/42), [Sch. 6](https://www.legislation.gov.uk/ukla/2009/1/schedule/6))
[^key-20648ecf8881b793f54aafed4eaf8daa]: Words in s. 221(1) repealed (17.3.2004 for E., 1.4.2004 for W.) by [Water Act 2003 (c. 37)](https://www.legislation.gov.uk/ukpga/2003/37), [ss. 69(4)](https://www.legislation.gov.uk/ukpga/2003/37/section/69/4), [105(3)](https://www.legislation.gov.uk/ukpga/2003/37/section/105/3), [Sch. 9 Pt. 3](https://www.legislation.gov.uk/ukpga/2003/37/schedule/9/part/3); [S.I. 2004/641](https://www.legislation.gov.uk/uksi/2004/641), [art. 2(a)(d)](https://www.legislation.gov.uk/uksi/2004/641/article/2/a/d); S.I. 2004/910, art. 2(1)(b)
##### 27A
@@ -12278,458 +12286,458 @@
- (b) a person who has made an application for an appointment or variation replacing a company as a water undertaker under section 8 of the Water Industry Act 1991 which has not been determined.
#### Applications: types of abstraction licence
The Office of Fair Trading.
#### Determination of appeals.
Any Minister of the Crown.
##### 39A
- (1) For the purposes of this Chapter, a right is a protected right if—
- (a) it is such a right as a person who is the holder of a full licence is taken to have by virtue of section 48(1) below;
- (b) it is such a right as a person is taken to have by virtue of subsection (2) below;
- (c) it is such a right as a person continues to be taken to have by virtue of subsection (7) below;
- (d) it is such a right as a person is taken to have by virtue of subsection (10) of section 59C below;
- (e) it is such a right as a person continues to be taken to have by virtue of a provision made under subsection (5)(b) of section 10 of the Water Act 2003 in an order made under that section; or
- (f) it is such a right as a person continues to be taken to have by virtue of section 102(3) of that Act.
- (2) A person who is in a position to carry out an abstraction of a quantity of water which—
- (a) by virtue of section 27(1) above is not subject to the restriction on abstraction; and
- (b) also falls within subsection (4) or (5) below,
shall be taken, for the purposes of this Chapter, to have a right to do so in respect of the maximum quantity mentioned in subsection (3) below.
- (3) The maximum quantity is the lower of the following—
- (a) twenty cubic metres;
- (b) if, by virtue of an order under section 27A(1) above, section 27(1) above has, or has ever had, effect in relation to the source of supply and point of abstraction in question as if it referred to a quantity lower than twenty cubic metres, that lower quantity (or, if more than one, the lowest of them).
- (4) An abstraction falls within this subsection if it is an abstraction from inland waters carried out by or on behalf of an occupier of land contiguous to those waters at the place where the abstraction is effected (“contiguous land”), and—
- (a) the water is abstracted for use on a holding consisting of the contiguous land with or without other land held with that land; and
- (b) it is abstracted for use on that holding for either or both of the following purposes—
- (i) the domestic purposes of the occupier’s household;
- (ii) agricultural purposes other than spray irrigation.
- (5) An abstraction falls within this subsection if it is an abstraction from underground strata and the water is abstracted by or on behalf of an individual as a supply of water for the domestic purposes of his household.
- (6) Subsection (2) above shall not apply to a person in respect of an abstraction which that person is, or was at any time, taken to have a right to carry out by virtue of any provision mentioned in paragraph (a), (c), (d), (e) or (f) of subsection (1) above.
- (7) Subject to subsection (8) below, a person who was the holder of a full licence which has ceased to have effect (or has ceased in part to have effect) by virtue of—
- (a) any provision made by virtue of section 27A(5) above in an order made under section 27A(1) above; or
- (b) any provision made by virtue of section 33A(5) above in regulations made under section 33A above,
and who was taken in consequence of that licence (or that part of the licence) to have a right to abstract water by virtue of section 48(1) below shall continue to be taken to have that right for the purposes of this Chapter.
- (8) For the purposes of this Chapter, the person who was the holder of the licence in question (“the old licence”) shall cease to continue to be taken to have a right, by virtue of subsection (7) above, to abstract water if—
- (a) during a period mentioned in subsection (9) below he does not carry out any such abstraction as would have been authorised by the old licence if it had still been in force; or
- (b) following a further order under section 27A(1) above or further regulations under section 33A above, he is granted another full licence in respect of abstraction from the same point as that authorised by the old licence.
- (9) The period referred to in subsection (8)(a) above is—
- (a) four years; or
- (b) if the abstractions authorised under the old licence were abstractions planned to be carried out at intervals of more than four years, or abstractions for emergency purposes only, such longer period as the Agency may determine on the application of the holder of the old licence.
- (10) In subsections (8) and (9) above, references to the old licence, in the case of a licence which ceased to have effect only to the extent specified in the order or regulations referred to in subsection (7) above, are to the part of the licence which ceased to have effect.
- (11) Any reference in this Chapter to the person entitled to a protected right shall be construed in accordance with this section.
- (12) This section is subject to any provision made by virtue of subsection (3) of section 39B below, and to subsections (4) and (5) of that section.
##### 48A
- (1) Subject to subsection (7) below and to section 79 (including that section as applied by section 79A(9)) below, a person who abstracts water from any inland waters or underground strata (an “abstractor”) shall not by that abstraction cause loss or damage to another person.
- (2) A person who suffers such loss or damage (a “relevant person”) may bring a claim against the abstractor.
- (3) Such a claim shall be treated as one in tort for breach of statutory duty.
- (4) In proceedings in respect of a claim under this section, the court may not grant an injunction against the abstractor if that would risk interrupting the supply of water to the public, or would put public health or safety at risk.
- (5) Except as provided in this section, no claim may be made in civil proceedings by a person (whether or not a relevant person) against an abstractor in respect of loss or damage caused by his abstraction of water.
- (6) Nothing in this section prevents or affects a claim for negligence or breach of contract.
- (7) This section does not apply, and no claim may be brought under this section, where the loss or damage is caused by an abstractor acting in pursuance of a licence under this Chapter and is loss or damage—
- (a) in respect of which a person is entitled to bring a claim under section 60 below (or would be so entitled if there were a breach of the duty referred to in that section);
- (b) in respect of which a person would have been entitled to bring a claim under section 60 below but for an express provision (including, for example, section 39(1A) above and section 59C(6) below) disapplying that duty; or
- (c) constituting grounds on which a person is entitled to apply to the Secretary of State under section 55 below (or would be so entitled but for subsection (2) of that section) for the revocation or variation of that licence,
but without prejudice to the application of section 48 above.
#### Application for combined abstraction and impounding licence.
##### 24A
- (1) Each licence to abstract water shall be of one of the following three types—
- (a) a licence to abstract water from one source of supply over a period of twenty-eight days or more for any purpose (a “full licence”);
- (b) a licence to abstract water from one source of supply over a period of twenty-eight days or more for the purpose of—
- (i) transferring water to another source of supply; or
- (ii) transferring water to the same source of supply, but at another point, in the course of dewatering activities in connection with mining, quarrying, engineering, building or other operations (whether underground or on the surface),
in either case without intervening use (a “transfer licence”);
- (c) a licence to abstract water from one source of supply over a period of less than twenty-eight days (a “temporary licence”).
- (2) In this Act, a reference (however expressed) to a licence to abstract water is to be taken as a reference to all types of licence, unless it is clear that a different meaning is intended.
##### 25A
- (1) Subject to the following provisions of this section, where it appears to the Agency that a person is—
- (a) in breach of section 24(1) or (2) or section 25(1) above; or
- (b) for the purposes of section 24 or 25 above a holder of a licence under this Chapter and has not complied with a condition or requirement imposed by the provisions, as for the time being in force, of that licence,
the Agency shall be entitled to serve an enforcement notice on him if the condition in subsection (2) below is satisfied.
- (2) The condition is that it appears to the Agency that the breach or failure to comply is causing or is likely to cause significant damage to the environment.
- (3) An enforcement notice is a notice requiring the person on whom it is served—
- (a) to cease his breach of section 24(1) or (2) or section 25(1) above, or to comply with the condition or requirement in question; and
- (b) to carry out any works or operations specified in the notice.
- (4) The works or operations which may be specified are works or operations which it appears to the Agency are appropriate for the purpose of remedying or mitigating the effects of the breach or failure to comply, and may include—
- (a) works or operations for the purpose, so far as it is reasonably practicable to do so, of restoring any affected waters, including any flora and fauna dependent on them, to their state immediately before the breach or failure to comply; and
- (b) in the case of a breach of section 25(1) above, the removal of any unauthorised impounding works or the reversal of any unauthorised alteration to impounding works.
- (5) An enforcement notice must specify the periods within which the person on whom it is served must do each of the things specified in the notice.
- (6) Before serving an enforcement notice on any person, the Agency shall take reasonable steps to consult that person about the works or operations which are to be specified in the notice.
- (7) The Secretary of State may by regulations make provision for or in connection with—
- (a) the form or content of enforcement notices;
- (b) requirements for consultation, before the service of an enforcement notice, with persons other than the person upon whom the notice is to be served;
- (c) steps to be taken for the purposes of any consultation required under subsection (6) above or regulations made by virtue of paragraph (b) above;
- (d) any other steps of a procedural nature which are to be taken in connection with, or in consequence of, the service of an enforcement notice.
- (8) An enforcement notice is not invalid, or invalidly served, merely because of a failure to comply with subsection (6) above or with regulations made by virtue of subsection (7)(b) above.
- (9) The Secretary of State may, if he thinks fit in relation to any person, give directions to the Agency as to whether or how it should exercise its powers under this section.
- (10) In proceedings for any offence under section 24 or 25 above against a person upon whom an enforcement notice has been served, the following are not to be taken as evidence that he has committed the offence—
- (a) the fact that an enforcement notice has been served on him;
- (b) the fact that he does not appeal against it;
- (c) the fact that on an appeal against it the notice is confirmed (whether with or without modifications).
##### 25B
Sections 161B and 161C below (including any power to make regulations) shall apply in relation to enforcement notices as they apply in relation to works notices under section 161A below.
##### 25C
- (1) If a person on whom the Agency serves an enforcement notice fails to comply with any of its requirements, he shall be guilty of an offence.
- (2) A person who commits an offence under subsection (1) above shall be liable—
- (a) on summary conviction, to a fine not exceeding £20,000;
- (b) on conviction on indictment, to a fine.
- (3) If a person on whom an enforcement notice has been served fails to comply with any of its requirements, the Agency may do what that person was required to do and may recover from him any costs or expenses reasonably incurred by the Agency in doing it.
- (4) If the Agency is of the opinion that proceedings for an offence under subsection (1) above would afford an ineffectual remedy against a person who has failed to comply with the requirements of an enforcement notice, the Agency may take proceedings in the High Court for the purpose of securing compliance with the notice.
##### 36A
- (1) The Agency may decide that—
- (a) an application for a full licence, a transfer licence or a temporary licence ought to be for one of the other types of licence;
- (b) a number of applications for licences (of any type or types) to abstract water from a particular source of supply ought to be treated as an application for a single such licence (of any type);
- (c) an application for a single licence (of any type) to abstract water from a particular source of supply ought to be treated as a number of applications for such licences (of any type or types); or
- (d) any such application as is referred to above ought to be accompanied by an application for revocation of an existing licence to abstract water.
- (2) The Agency may arrive at the decision referred to in paragraph (a), (b), (c) or (d) of subsection (1) above on the basis of its assessment of any one or more of the following—
- (a) the likely effect of the abstraction (or abstractions) for which the applicant has applied for a licence (or licences);
- (b) the likely effect of that abstraction (or those abstractions) taken together with abstractions under any other licence held by the applicant, or abstractions which would be authorised under any other licence for which the applicant has applied;
- (c) any other prescribed matter.
- (3) If the Agency does so decide, it shall serve a notice of its decision on the applicant; and, subject to subsections (4) to (8) below, shall deal with the application (or applications) accordingly (which, if the Agency made the decision referred to in paragraph (d) of subsection (1) above in relation to any application (or applications), means not publishing any notice under section 37 below, or taking any further step in connection with the application (or applications), until the application for revocation has been received).
- (4) The applicant may by notice appeal to the Secretary of State against the decision, and shall serve a copy of any such notice on the Agency.
- (5) That notice, and the copy of it, shall be served in such manner and within such period as may be prescribed.
- (6) If the Agency serves a notice under subsection (3) above, it shall not publish any notice under section 37 below, or take any further step in connection with the application (or applications), before—
- (a) the end of the period within which notice of an appeal may be served on the Secretary of State; or
- (b) if notice of an appeal is so served, the appeal has been determined.
- (7) The Secretary of State—
- (a) may allow or dismiss the appeal, or vary any part of the decision of the Agency, whether the appeal relates to that part of the decision or not; and
- (b) shall direct the Agency to deal with the application, or applications, accordingly (which, if the Agency’s decision was made under paragraph (d) of subsection (1) above in relation to any such application, and that decision is upheld, may mean not publishing any notice under section 37 below, or taking any further step in connection with the application, until the application for revocation has been received).
- (8) Subsections (2) and (7) of section 44 below apply in relation to an appeal under this section as they apply in relation to an appeal under section 43 below.
- (9) This section is subject to section 114 of the 1995 Act (delegation or reference of appeals).
##### 37A
The Secretary of State may by regulations make provision for—
- (a) enabling the Agency; or
- (b) him, in the case of applications referred to him in accordance with section 41 below,
to direct or determine that the requirements of subsections (1) and (2) of section 37 above may in any case (except where the Agency is the applicant) be dispensed with, if in that case it appears to the Agency (or, as the case may be, the Secretary of State) to be appropriate to do so.
### Transfer and apportionment of licences
##### 59A
- (1) The following licences—
- (a) a full licence;
- (b) a transfer licence; or
- (c) a licence to obstruct or impede the flow of inland waters by means of impounding works,
may be transferred by the holder of the licence to another person (“*the transferee*”) in accordance with the following provisions of this section.
- (2) The holder and the proposed transferee shall give notice (a “transfer notice”) to the Agency of their agreement that the licence should be transferred.
- (3) The transfer notice shall include—
- (a) such information as the Agency reasonably requires; and
- (b) (in the case of the transfer of a full licence or of a transfer licence) a declaration by the proposed transferee that—
- (i) he has, or at the time when the proposed transfer is to take effect will have, a right of access in relation to each point of abstraction; and
- (ii) he will continue to have such a right for the period of at least one year beginning with the date on which the proposed transfer is to take effect, or until the licence is to expire (if sooner),
and may specify the date on which the holder and the transferee wish the transfer to take effect.
- (4) If the holder is a person in whom the licence has vested under section 59B below, a transfer notice shall be of no effect unless the notice required by section 59B(4) has been given.
- (5) Subject to subsection (4) above, if the Agency receives a transfer notice which complies with the requirements of subsections (2) and (3) above, the Agency shall amend the licence by substituting the name of the transferee as holder of the licence.
- (6) The transfer shall take effect—
- (a) from the date on which the Agency amends the licence; or
- (b) from the date specified in the transfer notice, if later.
- (7) Nothing in this section shall affect the liability of the holder of the licence for any failure by him, before the transfer took effect, to comply with any condition or requirement of that licence.
- (8) In this section—
- “*point of abstraction*” means a place where the licence authorises water to be abstracted from inland waters or (as the case may be) a place consisting of or comprising underground strata from which the licence authorises water to be abstracted; and
- “*right of access*” means, in relation to a point of abstraction, a right of access to land of the kind referred to in subsection (2)(a) or, as the case may be, (3)(a) of section 35 above; and references to a person who will have such a right of access shall be construed in accordance with that section (including subsections (4) to (6)).
##### 59B
- (1) On the death of the holder of a licence under this Chapter, the licence shall be regarded as property forming part of the deceased’s personal estate, whether or not it would be so regarded apart from this subsection, and shall accordingly vest in his personal representatives.
- (2) If a bankruptcy order is made against the holder of a licence under this Chapter, the licence shall be regarded for the purposes of any of the Second Group of Parts of the Insolvency Act 1986 (insolvency of individuals; bankruptcy) as property forming part of the bankrupt’s estate, whether or not it would be so regarded apart from this subsection, and shall accordingly vest as such in the trustee in bankruptcy.
- (3) A person in whom a licence vests under this section shall become the holder of the licence, in place of the prior holder, from the date of the vesting.
- (4) Where a licence other than a temporary licence vests in any person under this section, that person shall give notice of that fact to the Agency not later than the end of the period of fifteen months beginning with the date of the vesting.
- (5) If—
- (a) a licence vests in any person under this section; but
- (b) that person fails to give the notice required by subsection (4) above within the period mentioned there,
the licence shall cease to have effect.
##### 59C
- (1) The holder of a full licence or of a transfer licence (the “old licence”) may apply to the Agency for the division of the holder’s right to abstract water in accordance with the old licence and for the transfer—
- (a) to another person of part, or to a number of other persons of parts not amounting to the whole; or
- (b) to a number of other persons of parts amounting in all to the whole,
of that right.
- (2) The holder of the old licence and any person proposing to carry on a part of the abstraction authorised by the old licence in place of the holder (a “successor”) shall give notice to the Agency of their agreement to the division and transfer (an “apportionment notice”).
- (3) The apportionment notice shall, in relation to the abstraction authorised by the old licence—
- (a) specify, for each proposed successor, what quantity of water he proposes to abstract, and (if the holder of the old licence is to continue the abstraction in part) what quantity of water he proposes to abstract;
- (b) specify the purpose or purposes for which those persons referred to in paragraph (a) above who would require a new licence granted under subsection (5) below would abstract water (being one or more of the purposes for which abstraction is authorised under the old licence);
- (c) specify the point (or points) of abstraction from which it is proposed that the persons referred to in paragraph (a) above would abstract water (being one or more of the points from which abstraction is authorised under the old licence);
- (d) include a declaration by each of those persons who requires a licence under this Chapter in order to carry on the abstraction that—
- (i) he has, or at the time when the proposed grant to him of a new licence under subsection (5) below is to take effect will have, a right of access in relation to each such point of abstraction; and
- (ii) he will continue to have such a right for the period of at least one year beginning with the date on which the new licence is to take effect, or until it is to expire (if sooner); and
- (e) include such other information as the Agency reasonably requires,
and may specify the date on which the holder and the successor (or successors) wish the division and transfer (or transfers) to take effect.
- (4) The apportionment notice shall be accompanied by an application on the part of the holder of the old licence for its revocation.
- (5) Subject to subsection (9) below, if the Agency receives an apportionment notice and the application for revocation referred to in subsection (4) above, the Agency shall—
- (a) revoke the old licence;
- (b) if the holder is to continue the abstraction in part and a licence is required under this Chapter for that purpose, grant to the holder of the old licence a licence relating to that part of the abstraction; and
- (c) grant to each successor who requires a licence under this Chapter in order to carry on his part of the abstraction a licence relating to that part of the abstraction.
- (6) Sections 34 to 45 above shall not apply to the grant of a new licence under subsection (5) above.
- (7) Subject to section 46 above and to any provision of regulations made under section 59D(1) below, each new licence to be granted under subsection (5) above shall be granted subject to provisions which correspond as nearly as practicable to those of the old licence in relation to the part of the abstraction to be authorised by the new licence.
- (8) The revocation of the old licence and the grant of the new licences shall take effect—
- (a) from the date on which the Agency revokes the old licence and grants the new ones; or
- (b) from the date specified in the apportionment notice, if later.
- (9) The Agency shall not grant a new licence to the holder of the old licence or to a successor if, by virtue of an exemption, the restriction on abstraction would not apply to that part of the abstraction proposed in relation to him in the apportionment notice.
- (10) For the purposes of this Chapter, a person (whether the holder of the old licence or a successor) who proposes to carry on a part of the abstraction in the circumstances mentioned in subsection (9) above shall, if the old licence was a full licence, be taken to have the right to do so in relation to that part, subject to subsection (11) below.
- (11) For the purposes of this Chapter, a person shall cease to be taken to have a right, by virtue of subsection (10) above, to carry on an abstraction if—
- (a) during a period mentioned in subsection (12) below that person does not carry out any such abstraction; or
- (b) following an order under section 27A(1) above or regulations under section 33A above, that person is granted a full licence in respect of abstraction from the same point.
- (12) The period referred to in subsection (11)(a) above is—
- (a) four years; or
- (b) if the abstractions authorised under the old licence were abstractions planned to be carried out at intervals of more than four years, or abstractions for emergency purposes only, such longer period as the Agency may determine on the application of the person in question.
- (13) For the purposes of section 39A above, a new licence granted under subsection (5) above shall be treated—
- (a) as if it had been granted at the time the old licence was granted; and
- (b) as if it and any other new licence granted by virtue of the relevant apportionment notice had been granted in place of the old licence.
- (14) In this section—
- “*exemption*” means the disapplication of the restriction on abstraction under or by virtue of section 27 or 33A above; and
- “*point of abstraction*” and “*right of access*” have the same meanings as in section 59A above.
##### 59D
- (1) The Secretary of State may make regulations about the provisions to be contained in licences granted under section 59C above.
- (2) Nothing in section 59C above shall affect the liability of the holder of the old licence for any failure by him, before the revocation of that licence took effect, to comply with any condition or requirement of that licence.
- (3) If the holder of the old licence is a person in whom the old licence has vested under section 59B above, an apportionment notice shall be of no effect unless the notice required by section 59B(4) has been given.
- (4) In this section, “*apportionment notice*” and “*old licence*” have the same meanings as in section 59C above.
#### Form and contents of licences.
#### Fisheries orders.
#### Holders of licence.
##### 199A
- (1) The person on whom a notice under section 199(2) above (“a conservation notice”) is served may, by notice to the Secretary of State, appeal to him against the conservation notice on either or both of the following grounds, that is to say—
- (a) that the measures required by the conservation notice are not reasonable;
- (b) that those measures would interfere with the winning of minerals.
- (2) Any notice of appeal against a conservation notice shall be served within such period (not being less than twenty-eight days from the date of service of the conservation notice) and in such manner as may be prescribed.
- (3) Before determining an appeal against a conservation notice, the Secretary of State may, if he thinks fit—
- (a) cause a local inquiry to be held; or
- (b) afford to the appellant and the Agency an opportunity of appearing before, and being heard by, a person appointed by the Secretary of State for the purpose;
and the Secretary of State shall act as mentioned in paragraph (a) or (b) above if a request is made by the appellant or the Agency to be heard with respect to an appeal.
- (4) On an appeal against a conservation notice the Secretary of State may confirm, quash or vary the notice as he may consider appropriate.
- (5) The decision of the Secretary of State on any appeal against a conservation notice shall be final.
- (6) The Secretary of State may by regulations make provision as to the manner in which appeals against conservation notices are to be dealt with, including provision requiring the giving of notices of, and information relating to, the making of such appeals or decisions on any such appeals.
- (7) Section 69 above applies to a decision of the Secretary of State on any appeal to him under this section as it applies to a decision of his on an appeal to him under Chapter 2 of Part 2, taking the reference in subsection (2)(b) of that section to that Chapter as a reference to this section.
- (8) This section is subject to section 114 of the 1995 Act (delegation or reference of appeals).
Any Minister of the Crown.
#### Succession to licences to abstract where person ceases to occupy the relevant land.
#### Compensation for owner of fishing rights applying under section 55.
#### Provisions and duration of ordinary drought order.
#### Prohibition of certain discharges by notice or regulations.
#### Obligation to carry out flood defence functions through committees.
#### Fisheries orders.
#### Power to lay pipes in other land.
The Office of Fair Trading.
#### Appeals to the Secretary of State.
Any Minister of the Crown.
##### 39A
- (1) For the purposes of this Chapter, a right is a protected right if—
- (a) it is such a right as a person who is the holder of a full licence is taken to have by virtue of section 48(1) below;
- (b) it is such a right as a person is taken to have by virtue of subsection (2) below;
- (c) it is such a right as a person continues to be taken to have by virtue of subsection (7) below;
- (d) it is such a right as a person is taken to have by virtue of subsection (10) of section 59C below;
- (e) it is such a right as a person continues to be taken to have by virtue of a provision made under subsection (5)(b) of section 10 of the Water Act 2003 in an order made under that section; or
- (f) it is such a right as a person continues to be taken to have by virtue of section 102(3) of that Act.
- (2) A person who is in a position to carry out an abstraction of a quantity of water which—
- (a) by virtue of section 27(1) above is not subject to the restriction on abstraction; and
- (b) also falls within subsection (4) or (5) below,
shall be taken, for the purposes of this Chapter, to have a right to do so in respect of the maximum quantity mentioned in subsection (3) below.
- (3) The maximum quantity is the lower of the following—
- (a) twenty cubic metres;
- (b) if, by virtue of an order under section 27A(1) above, section 27(1) above has, or has ever had, effect in relation to the source of supply and point of abstraction in question as if it referred to a quantity lower than twenty cubic metres, that lower quantity (or, if more than one, the lowest of them).
- (4) An abstraction falls within this subsection if it is an abstraction from inland waters carried out by or on behalf of an occupier of land contiguous to those waters at the place where the abstraction is effected (“contiguous land”), and—
- (a) the water is abstracted for use on a holding consisting of the contiguous land with or without other land held with that land; and
- (b) it is abstracted for use on that holding for either or both of the following purposes—
- (i) the domestic purposes of the occupier’s household;
- (ii) agricultural purposes other than spray irrigation.
- (5) An abstraction falls within this subsection if it is an abstraction from underground strata and the water is abstracted by or on behalf of an individual as a supply of water for the domestic purposes of his household.
- (6) Subsection (2) above shall not apply to a person in respect of an abstraction which that person is, or was at any time, taken to have a right to carry out by virtue of any provision mentioned in paragraph (a), (c), (d), (e) or (f) of subsection (1) above.
- (7) Subject to subsection (8) below, a person who was the holder of a full licence which has ceased to have effect (or has ceased in part to have effect) by virtue of—
- (a) any provision made by virtue of section 27A(5) above in an order made under section 27A(1) above; or
- (b) any provision made by virtue of section 33A(5) above in regulations made under section 33A above,
and who was taken in consequence of that licence (or that part of the licence) to have a right to abstract water by virtue of section 48(1) below shall continue to be taken to have that right for the purposes of this Chapter.
- (8) For the purposes of this Chapter, the person who was the holder of the licence in question (“the old licence”) shall cease to continue to be taken to have a right, by virtue of subsection (7) above, to abstract water if—
- (a) during a period mentioned in subsection (9) below he does not carry out any such abstraction as would have been authorised by the old licence if it had still been in force; or
- (b) following a further order under section 27A(1) above or further regulations under section 33A above, he is granted another full licence in respect of abstraction from the same point as that authorised by the old licence.
- (9) The period referred to in subsection (8)(a) above is—
- (a) four years; or
- (b) if the abstractions authorised under the old licence were abstractions planned to be carried out at intervals of more than four years, or abstractions for emergency purposes only, such longer period as the Agency may determine on the application of the holder of the old licence.
- (10) In subsections (8) and (9) above, references to the old licence, in the case of a licence which ceased to have effect only to the extent specified in the order or regulations referred to in subsection (7) above, are to the part of the licence which ceased to have effect.
- (11) Any reference in this Chapter to the person entitled to a protected right shall be construed in accordance with this section.
- (12) This section is subject to any provision made by virtue of subsection (3) of section 39B below, and to subsections (4) and (5) of that section.
##### 48A
- (1) Subject to subsection (7) below and to section 79 (including that section as applied by section 79A(9)) below, a person who abstracts water from any inland waters or underground strata (an “abstractor”) shall not by that abstraction cause loss or damage to another person.
- (2) A person who suffers such loss or damage (a “relevant person”) may bring a claim against the abstractor.
- (3) Such a claim shall be treated as one in tort for breach of statutory duty.
- (4) In proceedings in respect of a claim under this section, the court may not grant an injunction against the abstractor if that would risk interrupting the supply of water to the public, or would put public health or safety at risk.
- (5) Except as provided in this section, no claim may be made in civil proceedings by a person (whether or not a relevant person) against an abstractor in respect of loss or damage caused by his abstraction of water.
- (6) Nothing in this section prevents or affects a claim for negligence or breach of contract.
- (7) This section does not apply, and no claim may be brought under this section, where the loss or damage is caused by an abstractor acting in pursuance of a licence under this Chapter and is loss or damage—
- (a) in respect of which a person is entitled to bring a claim under section 60 below (or would be so entitled if there were a breach of the duty referred to in that section);
- (b) in respect of which a person would have been entitled to bring a claim under section 60 below but for an express provision (including, for example, section 39(1A) above and section 59C(6) below) disapplying that duty; or
- (c) constituting grounds on which a person is entitled to apply to the Secretary of State under section 55 below (or would be so entitled but for subsection (2) of that section) for the revocation or variation of that licence,
but without prejudice to the application of section 48 above.
#### Application for combined abstraction and impounding licence.
##### 24A
- (1) Each licence to abstract water shall be of one of the following three types—
- (a) a licence to abstract water from one source of supply over a period of twenty-eight days or more for any purpose (a “full licence”);
- (b) a licence to abstract water from one source of supply over a period of twenty-eight days or more for the purpose of—
- (i) transferring water to another source of supply; or
- (ii) transferring water to the same source of supply, but at another point, in the course of dewatering activities in connection with mining, quarrying, engineering, building or other operations (whether underground or on the surface),
in either case without intervening use (a “transfer licence”);
- (c) a licence to abstract water from one source of supply over a period of less than twenty-eight days (a “temporary licence”).
- (2) In this Act, a reference (however expressed) to a licence to abstract water is to be taken as a reference to all types of licence, unless it is clear that a different meaning is intended.
##### 25A
- (1) Subject to the following provisions of this section, where it appears to the Agency that a person is—
- (a) in breach of section 24(1) or (2) or section 25(1) above; or
- (b) for the purposes of section 24 or 25 above a holder of a licence under this Chapter and has not complied with a condition or requirement imposed by the provisions, as for the time being in force, of that licence,
the Agency shall be entitled to serve an enforcement notice on him if the condition in subsection (2) below is satisfied.
- (2) The condition is that it appears to the Agency that the breach or failure to comply is causing or is likely to cause significant damage to the environment.
- (3) An enforcement notice is a notice requiring the person on whom it is served—
- (a) to cease his breach of section 24(1) or (2) or section 25(1) above, or to comply with the condition or requirement in question; and
- (b) to carry out any works or operations specified in the notice.
- (4) The works or operations which may be specified are works or operations which it appears to the Agency are appropriate for the purpose of remedying or mitigating the effects of the breach or failure to comply, and may include—
- (a) works or operations for the purpose, so far as it is reasonably practicable to do so, of restoring any affected waters, including any flora and fauna dependent on them, to their state immediately before the breach or failure to comply; and
- (b) in the case of a breach of section 25(1) above, the removal of any unauthorised impounding works or the reversal of any unauthorised alteration to impounding works.
- (5) An enforcement notice must specify the periods within which the person on whom it is served must do each of the things specified in the notice.
- (6) Before serving an enforcement notice on any person, the Agency shall take reasonable steps to consult that person about the works or operations which are to be specified in the notice.
- (7) The Secretary of State may by regulations make provision for or in connection with—
- (a) the form or content of enforcement notices;
- (b) requirements for consultation, before the service of an enforcement notice, with persons other than the person upon whom the notice is to be served;
- (c) steps to be taken for the purposes of any consultation required under subsection (6) above or regulations made by virtue of paragraph (b) above;
- (d) any other steps of a procedural nature which are to be taken in connection with, or in consequence of, the service of an enforcement notice.
- (8) An enforcement notice is not invalid, or invalidly served, merely because of a failure to comply with subsection (6) above or with regulations made by virtue of subsection (7)(b) above.
- (9) The Secretary of State may, if he thinks fit in relation to any person, give directions to the Agency as to whether or how it should exercise its powers under this section.
- (10) In proceedings for any offence under section 24 or 25 above against a person upon whom an enforcement notice has been served, the following are not to be taken as evidence that he has committed the offence—
- (a) the fact that an enforcement notice has been served on him;
- (b) the fact that he does not appeal against it;
- (c) the fact that on an appeal against it the notice is confirmed (whether with or without modifications).
##### 25B
Sections 161B and 161C below (including any power to make regulations) shall apply in relation to enforcement notices as they apply in relation to works notices under section 161A below.
##### 25C
- (1) If a person on whom the Agency serves an enforcement notice fails to comply with any of its requirements, he shall be guilty of an offence.
- (2) A person who commits an offence under subsection (1) above shall be liable—
- (a) on summary conviction, to a fine not exceeding £20,000;
- (b) on conviction on indictment, to a fine.
- (3) If a person on whom an enforcement notice has been served fails to comply with any of its requirements, the Agency may do what that person was required to do and may recover from him any costs or expenses reasonably incurred by the Agency in doing it.
- (4) If the Agency is of the opinion that proceedings for an offence under subsection (1) above would afford an ineffectual remedy against a person who has failed to comply with the requirements of an enforcement notice, the Agency may take proceedings in the High Court for the purpose of securing compliance with the notice.
##### 36A
- (1) The Agency may decide that—
- (a) an application for a full licence, a transfer licence or a temporary licence ought to be for one of the other types of licence;
- (b) a number of applications for licences (of any type or types) to abstract water from a particular source of supply ought to be treated as an application for a single such licence (of any type);
- (c) an application for a single licence (of any type) to abstract water from a particular source of supply ought to be treated as a number of applications for such licences (of any type or types); or
- (d) any such application as is referred to above ought to be accompanied by an application for revocation of an existing licence to abstract water.
- (2) The Agency may arrive at the decision referred to in paragraph (a), (b), (c) or (d) of subsection (1) above on the basis of its assessment of any one or more of the following—
- (a) the likely effect of the abstraction (or abstractions) for which the applicant has applied for a licence (or licences);
- (b) the likely effect of that abstraction (or those abstractions) taken together with abstractions under any other licence held by the applicant, or abstractions which would be authorised under any other licence for which the applicant has applied;
- (c) any other prescribed matter.
- (3) If the Agency does so decide, it shall serve a notice of its decision on the applicant; and, subject to subsections (4) to (8) below, shall deal with the application (or applications) accordingly (which, if the Agency made the decision referred to in paragraph (d) of subsection (1) above in relation to any application (or applications), means not publishing any notice under section 37 below, or taking any further step in connection with the application (or applications), until the application for revocation has been received).
- (4) The applicant may by notice appeal to the Secretary of State against the decision, and shall serve a copy of any such notice on the Agency.
- (5) That notice, and the copy of it, shall be served in such manner and within such period as may be prescribed.
- (6) If the Agency serves a notice under subsection (3) above, it shall not publish any notice under section 37 below, or take any further step in connection with the application (or applications), before—
- (a) the end of the period within which notice of an appeal may be served on the Secretary of State; or
- (b) if notice of an appeal is so served, the appeal has been determined.
- (7) The Secretary of State—
- (a) may allow or dismiss the appeal, or vary any part of the decision of the Agency, whether the appeal relates to that part of the decision or not; and
- (b) shall direct the Agency to deal with the application, or applications, accordingly (which, if the Agency’s decision was made under paragraph (d) of subsection (1) above in relation to any such application, and that decision is upheld, may mean not publishing any notice under section 37 below, or taking any further step in connection with the application, until the application for revocation has been received).
- (8) Subsections (2) and (7) of section 44 below apply in relation to an appeal under this section as they apply in relation to an appeal under section 43 below.
- (9) This section is subject to section 114 of the 1995 Act (delegation or reference of appeals).
##### 37A
The Secretary of State may by regulations make provision for—
- (a) enabling the Agency; or
- (b) him, in the case of applications referred to him in accordance with section 41 below,
to direct or determine that the requirements of subsections (1) and (2) of section 37 above may in any case (except where the Agency is the applicant) be dispensed with, if in that case it appears to the Agency (or, as the case may be, the Secretary of State) to be appropriate to do so.
### Transfer and apportionment of licences
##### 59A
- (1) The following licences—
- (a) a full licence;
- (b) a transfer licence; or
- (c) a licence to obstruct or impede the flow of inland waters by means of impounding works,
may be transferred by the holder of the licence to another person (“*the transferee*”) in accordance with the following provisions of this section.
- (2) The holder and the proposed transferee shall give notice (a “transfer notice”) to the Agency of their agreement that the licence should be transferred.
- (3) The transfer notice shall include—
- (a) such information as the Agency reasonably requires; and
- (b) (in the case of the transfer of a full licence or of a transfer licence) a declaration by the proposed transferee that—
- (i) he has, or at the time when the proposed transfer is to take effect will have, a right of access in relation to each point of abstraction; and
- (ii) he will continue to have such a right for the period of at least one year beginning with the date on which the proposed transfer is to take effect, or until the licence is to expire (if sooner),
and may specify the date on which the holder and the transferee wish the transfer to take effect.
- (4) If the holder is a person in whom the licence has vested under section 59B below, a transfer notice shall be of no effect unless the notice required by section 59B(4) has been given.
- (5) Subject to subsection (4) above, if the Agency receives a transfer notice which complies with the requirements of subsections (2) and (3) above, the Agency shall amend the licence by substituting the name of the transferee as holder of the licence.
- (6) The transfer shall take effect—
- (a) from the date on which the Agency amends the licence; or
- (b) from the date specified in the transfer notice, if later.
- (7) Nothing in this section shall affect the liability of the holder of the licence for any failure by him, before the transfer took effect, to comply with any condition or requirement of that licence.
- (8) In this section—
- “*point of abstraction*” means a place where the licence authorises water to be abstracted from inland waters or (as the case may be) a place consisting of or comprising underground strata from which the licence authorises water to be abstracted; and
- “*right of access*” means, in relation to a point of abstraction, a right of access to land of the kind referred to in subsection (2)(a) or, as the case may be, (3)(a) of section 35 above; and references to a person who will have such a right of access shall be construed in accordance with that section (including subsections (4) to (6)).
##### 59B
- (1) On the death of the holder of a licence under this Chapter, the licence shall be regarded as property forming part of the deceased’s personal estate, whether or not it would be so regarded apart from this subsection, and shall accordingly vest in his personal representatives.
- (2) If a bankruptcy order is made against the holder of a licence under this Chapter, the licence shall be regarded for the purposes of any of the Second Group of Parts of the Insolvency Act 1986 (insolvency of individuals; bankruptcy) as property forming part of the bankrupt’s estate, whether or not it would be so regarded apart from this subsection, and shall accordingly vest as such in the trustee in bankruptcy.
- (3) A person in whom a licence vests under this section shall become the holder of the licence, in place of the prior holder, from the date of the vesting.
- (4) Where a licence other than a temporary licence vests in any person under this section, that person shall give notice of that fact to the Agency not later than the end of the period of fifteen months beginning with the date of the vesting.
- (5) If—
- (a) a licence vests in any person under this section; but
- (b) that person fails to give the notice required by subsection (4) above within the period mentioned there,
the licence shall cease to have effect.
##### 59C
- (1) The holder of a full licence or of a transfer licence (the “old licence”) may apply to the Agency for the division of the holder’s right to abstract water in accordance with the old licence and for the transfer—
- (a) to another person of part, or to a number of other persons of parts not amounting to the whole; or
- (b) to a number of other persons of parts amounting in all to the whole,
of that right.
- (2) The holder of the old licence and any person proposing to carry on a part of the abstraction authorised by the old licence in place of the holder (a “successor”) shall give notice to the Agency of their agreement to the division and transfer (an “apportionment notice”).
- (3) The apportionment notice shall, in relation to the abstraction authorised by the old licence—
- (a) specify, for each proposed successor, what quantity of water he proposes to abstract, and (if the holder of the old licence is to continue the abstraction in part) what quantity of water he proposes to abstract;
- (b) specify the purpose or purposes for which those persons referred to in paragraph (a) above who would require a new licence granted under subsection (5) below would abstract water (being one or more of the purposes for which abstraction is authorised under the old licence);
- (c) specify the point (or points) of abstraction from which it is proposed that the persons referred to in paragraph (a) above would abstract water (being one or more of the points from which abstraction is authorised under the old licence);
- (d) include a declaration by each of those persons who requires a licence under this Chapter in order to carry on the abstraction that—
- (i) he has, or at the time when the proposed grant to him of a new licence under subsection (5) below is to take effect will have, a right of access in relation to each such point of abstraction; and
- (ii) he will continue to have such a right for the period of at least one year beginning with the date on which the new licence is to take effect, or until it is to expire (if sooner); and
- (e) include such other information as the Agency reasonably requires,
and may specify the date on which the holder and the successor (or successors) wish the division and transfer (or transfers) to take effect.
- (4) The apportionment notice shall be accompanied by an application on the part of the holder of the old licence for its revocation.
- (5) Subject to subsection (9) below, if the Agency receives an apportionment notice and the application for revocation referred to in subsection (4) above, the Agency shall—
- (a) revoke the old licence;
- (b) if the holder is to continue the abstraction in part and a licence is required under this Chapter for that purpose, grant to the holder of the old licence a licence relating to that part of the abstraction; and
- (c) grant to each successor who requires a licence under this Chapter in order to carry on his part of the abstraction a licence relating to that part of the abstraction.
- (6) Sections 34 to 45 above shall not apply to the grant of a new licence under subsection (5) above.
- (7) Subject to section 46 above and to any provision of regulations made under section 59D(1) below, each new licence to be granted under subsection (5) above shall be granted subject to provisions which correspond as nearly as practicable to those of the old licence in relation to the part of the abstraction to be authorised by the new licence.
- (8) The revocation of the old licence and the grant of the new licences shall take effect—
- (a) from the date on which the Agency revokes the old licence and grants the new ones; or
- (b) from the date specified in the apportionment notice, if later.
- (9) The Agency shall not grant a new licence to the holder of the old licence or to a successor if, by virtue of an exemption, the restriction on abstraction would not apply to that part of the abstraction proposed in relation to him in the apportionment notice.
- (10) For the purposes of this Chapter, a person (whether the holder of the old licence or a successor) who proposes to carry on a part of the abstraction in the circumstances mentioned in subsection (9) above shall, if the old licence was a full licence, be taken to have the right to do so in relation to that part, subject to subsection (11) below.
- (11) For the purposes of this Chapter, a person shall cease to be taken to have a right, by virtue of subsection (10) above, to carry on an abstraction if—
- (a) during a period mentioned in subsection (12) below that person does not carry out any such abstraction; or
- (b) following an order under section 27A(1) above or regulations under section 33A above, that person is granted a full licence in respect of abstraction from the same point.
- (12) The period referred to in subsection (11)(a) above is—
- (a) four years; or
- (b) if the abstractions authorised under the old licence were abstractions planned to be carried out at intervals of more than four years, or abstractions for emergency purposes only, such longer period as the Agency may determine on the application of the person in question.
- (13) For the purposes of section 39A above, a new licence granted under subsection (5) above shall be treated—
- (a) as if it had been granted at the time the old licence was granted; and
- (b) as if it and any other new licence granted by virtue of the relevant apportionment notice had been granted in place of the old licence.
- (14) In this section—
- “*exemption*” means the disapplication of the restriction on abstraction under or by virtue of section 27 or 33A above; and
- “*point of abstraction*” and “*right of access*” have the same meanings as in section 59A above.
##### 59D
- (1) The Secretary of State may make regulations about the provisions to be contained in licences granted under section 59C above.
- (2) Nothing in section 59C above shall affect the liability of the holder of the old licence for any failure by him, before the revocation of that licence took effect, to comply with any condition or requirement of that licence.
- (3) If the holder of the old licence is a person in whom the old licence has vested under section 59B above, an apportionment notice shall be of no effect unless the notice required by section 59B(4) has been given.
- (4) In this section, “*apportionment notice*” and “*old licence*” have the same meanings as in section 59C above.
#### Form and contents of licences.
#### Fisheries orders.
#### Limited extension of abstraction licence validity
##### 199A
- (1) The person on whom a notice under section 199(2) above (“a conservation notice”) is served may, by notice to the Secretary of State, appeal to him against the conservation notice on either or both of the following grounds, that is to say—
- (a) that the measures required by the conservation notice are not reasonable;
- (b) that those measures would interfere with the winning of minerals.
- (2) Any notice of appeal against a conservation notice shall be served within such period (not being less than twenty-eight days from the date of service of the conservation notice) and in such manner as may be prescribed.
- (3) Before determining an appeal against a conservation notice, the Secretary of State may, if he thinks fit—
- (a) cause a local inquiry to be held; or
- (b) afford to the appellant and the Agency an opportunity of appearing before, and being heard by, a person appointed by the Secretary of State for the purpose;
and the Secretary of State shall act as mentioned in paragraph (a) or (b) above if a request is made by the appellant or the Agency to be heard with respect to an appeal.
- (4) On an appeal against a conservation notice the Secretary of State may confirm, quash or vary the notice as he may consider appropriate.
- (5) The decision of the Secretary of State on any appeal against a conservation notice shall be final.
- (6) The Secretary of State may by regulations make provision as to the manner in which appeals against conservation notices are to be dealt with, including provision requiring the giving of notices of, and information relating to, the making of such appeals or decisions on any such appeals.
- (7) Section 69 above applies to a decision of the Secretary of State on any appeal to him under this section as it applies to a decision of his on an appeal to him under Chapter 2 of Part 2, taking the reference in subsection (2)(b) of that section to that Chapter as a reference to this section.
- (8) This section is subject to section 114 of the 1995 Act (delegation or reference of appeals).
Any Minister of the Crown.
#### Civil remedies for loss or damage due to water abstraction
#### Recovery of compensation from new licence-holder
#### Power to make ordinary and emergency drought orders.
#### Offences of polluting controlled waters.
#### General functions with respect to flood defence.
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Powers to lay pipes in streets.
#### Civil liability of the Agency for escapes of water etc.
The Office of Fair Trading.
Any Minister of the Crown.
#### Directions in the interests of national security etc.
#### Powers to make regulations.
The Office of Fair Trading.
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Any Minister of the Crown.
2009-06-09
Water Resources Act 1991
2009-06-01
Water Resources Act 1991
2008-12-01
Water Resources Act 1991
2008-07-22
Water Resources Act 1991
2008-05-26
Water Resources Act 1991
2008-05-16
Water Resources Act 1991
2008-04-06
Water Resources Act 1991
2008-04-01
Water Resources Act 1991
2007-09-28
Water Resources Act 1991
2007-08-23
Water Resources Act 1991
2007-05-24
Water Resources Act 1991
2007-03-19
Water Resources Act 1991
2007-02-08
Water Resources Act 1991
2006-11-22
Water Resources Act 1991
2006-10-01
Water Resources Act 1991
2006-05-15
Water Resources Act 1991
2006-05-11
Water Resources Act 1991
2006-05-02
Water Resources Act 1991
2006-04-01
Water Resources Act 1991
2006-03-30
Water Resources Act 1991
2006-01-11
Water Resources Act 1991
2005-12-01
Water Resources Act 1991
2005-11-25
Water Resources Act 1991
2005-10-01
Water Resources Act 1991
2005-08-26
Water Resources Act 1991
2005-06-08
Water Resources Act 1991
2005-04-01
Water Resources Act 1991
2005-03-24
Water Resources Act 1991
2005-03-22
Water Resources Act 1991
2005-02-11
Water Resources Act 1991
2004-11-10
Water Resources Act 1991
2004-10-01
Water Resources Act 1991
2004-09-01
Water Resources Act 1991
original version
Text at this date