Water Act 2003

Part 1 — Abstraction and impounding

Restrictions on abstraction and impounding

Licences to abstract water

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• (1) After section 24 of the Water Resources Act 1991 (c. 57) (in this Act referred to as the “WRA”) there is inserted—

(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.

• (2) In section 72 of the WRA (interpretation of Chapter 2), in subsection (1), in the appropriate places there is inserted—

“full licence” has the meaning given in section 24A above;

,

“temporary licence” and “transfer licence” have the meanings given in section 24A above.

Restrictions on impounding

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• (1) Section 25 of the WRA (restrictions on impounding) is amended as provided in subsections (2) to (5).

• (2) For subsection (1) there is substituted—

(1) Subject to the following provisions of this Chapter and to any drought order or drought permit under Chapter 3 of this Part, no person shall— (a) begin, or cause or permit any other person to begin, to construct or alter any impounding works at any point in any inland waters which are not discrete waters; or (b) cause or permit the flow of any inland waters which are not discrete waters to be obstructed or impeded at any point by means of impounding works, unless (in either case) the conditions mentioned in subsection (1A) below are satisfied. (1A) The conditions are— (a) a licence under this Chapter granted by the Agency to obstruct or impede the flow of those inland waters at that point by means of impounding works is in force; (b) the impounding works will not (or, as the case may be, do not) obstruct or impede the flow of the inland waters except to the extent, and in the manner, authorised by the licence; and (c) any other conditions or requirements imposed by the provisions, as for the time being in force, of the licence (whether as to the provision of compensation water or otherwise) are complied with.

• (3) In subsection (2), the words “, in circumstances not constituting such a contravention,” are omitted.

• (4) In subsection (5), for “shall not apply to the construction or alteration of any impounding works” there is substituted “ shall not apply in respect of any impounding works ”.

• (5) After subsection (8) there is added—

(9) In relation to impounding works, references to alteration include the removal or partial removal of those works, and cognate expressions shall be construed accordingly.

• (6) A licence which—

• (a) has been granted in respect of particular impounding works, for the purposes of section 25 of the WRA, before the coming into force of subsection (2), and

• (b) is in force,

is to be taken to satisfy the condition referred to in section 25(1A)(a) of that Act, as inserted by subsection (2), in respect of those impounding works.

• (7) In section 64 of the WRA (abstraction and impounding by the Agency), for subsection (1)(b) there is substituted—

(b) in relation to— (i) the construction or alteration by the Agency of impounding works; and (ii) the obstruction or impeding by the Agency of the flow of inland waters by means of impounding works,

.

• (8) In section 67 of the WRA (ecclesiastical property), in the definition of “the relevant land” in subsection (8), in paragraph (b)(i), after “impounding works” there is inserted “ is, or ”.

• (9) In section 72 of the WRA (interpretation of Chapter 2), in subsection (1), in the definition of “the restriction on impounding works”, for “25(1)” there is substituted “ 25(1)(a) and (b) ”.

• (10) Subject to section 3 of this Act, the amendments of the WRA made by this section apply (as regards any act or omission after this section comes into force) with respect to impounding works whenever constructed.

Existing impounding works

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• (1) Except as provided in subsection (3), the restriction in section 25(1)(b) of the WRA (as substituted by section 2 of this Act) does not apply in respect of any existing unlicensed impounding works.

• (2) With respect to any existing unlicensed impounding works to which, but for subsection (1), that restriction would apply, the appropriate agency may serve a notice on any relevant person requiring him to apply for a licence.

• (3) If that person fails to apply for such a licence within—

• (a) the period of 28 days beginning with—

• (i) the date of service of the notice, or

• (ii) if an appeal is brought under subsection (4) and the appeal is dismissed, the date when the decision of the appropriate authority is notified to that person, or

• (b) such extended period as may be agreed in writing between the appropriate agency and that person,

the restriction in section 25(1)(b) of the WRA applies in respect of the impounding works from the expiry of that period.

• (4) If the relevant person on whom a notice is served under subsection (2) is aggrieved by the service of that notice, he may by notice appeal to the appropriate authority.

• (5) The appropriate authority may by regulations make provision with respect to—

• (a) the manner in which notices of appeal under subsection (4) shall be served,

• (b) the period within which such notices shall be served,

• (c) the procedure on any such appeal.

• (6) Where an appeal is brought under subsection (4)—

• (a) the appropriate authority may allow or dismiss the appeal or reverse or vary any part of the decision of the appropriate agency, whether the appeal relates to that part of the decision or not, and

• (b) the decision of the appropriate authority shall be final.

• (7) Subsections (4) to (6) are subject to section 114 of the Environment Act 1995 (c. 25) (delegation or reference of appeals).

• (8) On an application for a licence in respect of any existing unlicensed impounding works, section 39(1) of the WRA applies only to the extent that the obstruction or impeding of the flow of inland waters which would, if the licence were granted, be authorised by that licence is to differ in any material respect from that which was taking place at the time the application was made.

• (9) If a licence granted in respect of existing unlicensed impounding works is revoked or varied in the circumstances mentioned in section 61 of the WRA (compensation where licence modified on direction of the Secretary of State), subsection (3) of that section shall apply as if that licence had been granted when construction of the impounding works began and had remained in force since then.

• (10) Subsection (9) does not apply to a licence granted in respect of existing unlicensed impounding works if, before the effective date, there had occurred any contravention of section 25(1) of the WRA in respect of those impounding works.

• (11) Nothing in the preceding subsections affects the application of section 25(1)(a) of the WRA (as substituted by section 2 of this Act) to the alteration, after the effective date, of any existing unlicensed impounding works.

• (12) In this section—

• “the appropriate authority” means—in relation to Wales, the Assembly, andin relation to England, the Secretary of State,

• “the effective date” means the date when section 2 of this Act comes into force,

• “existing unlicensed impounding works” means unlicensed impounding works, the construction of which was begun before the effective date,

• “licence” means a licence of the kind referred to in section 25 of the WRA,

• “relevant person” means any person who appears to the appropriate agency to have responsibility in respect of the impounding works in question, and

• “unlicensed impounding works” means impounding works (as defined in section 25(8) of the WRA) in respect of which—no licence or authorisation of the kind referred to in section 25 of that Act was in force immediately before the effective date, andno such licence has been granted since that date.

• (13) In section 114 of the Environment Act 1995 (power of Secretary of State to delegate or refer in connection with appeals), in subsection (2)(a), after paragraph (viii) there is inserted—

(ix) section 3 of the Water Act 2003,

.

Existing impounding works: works notices

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• (1) Without prejudice to the appropriate agency's power under subsection (2) of section 3, where it appears to the appropriate agency to be necessary for—

• (a) the protection of the environment, or

• (b) the performance of its functions in connection with the management of water resources,

the appropriate agency may serve a works notice on any relevant person with respect to any existing unlicensed impounding works of the kind mentioned in subsection (2) of that section.

• (2) For the purposes of subsection (1), a works notice is a notice requiring the person on whom it is served to carry out such works or operations in relation to the impounding works as—

• (a) appear to the appropriate agency to be required for the purposes mentioned in subsection (1)(a) or (b), and

• (b) are specified in the notice.

• (3) The following provisions of the WRA apply in relation to works notices under this section as they apply in relation to notices referred to in those provisions—

• (a) subsections (5) to (9) of section 25A (as inserted by section 30 of this Act), and

• (b) sections 161B and 161C,

including any power to make regulations or give directions, but references in those provisions to the Secretary of State shall be treated as references to the appropriate authority.

• (4) If a person on whom the appropriate agency serves a notice under this section fails to comply with any of its requirements, he shall be guilty of an offence.

• (5) A person who commits an offence under subsection (4) shall be liable —

• (a) on summary conviction, to a fine not exceeding £20,000,

• (b) on conviction on indictment, to a fine. on summary conviction, or on conviction on indictment, to a fine

• (6) If a person on whom a works notice has been served under this section fails to comply with any of its requirements, the appropriate agency may do what that person was required to do and may recover from him any costs or expenses reasonably incurred by the appropriate agency in doing it.

• (7) If the appropriate agency is of the opinion that proceedings for an offence under subsection (4) would afford an ineffectual remedy against a person who has failed to comply with the requirements of a works notice, the appropriate agency may take proceedings in the High Court for the purpose of securing compliance with the notice.

• (8) In this section, “the appropriate authority”, “existing unlicensed impounding works” and “relevant person” have the meanings given in section 3.

Rights of navigation, harbour and conservancy authorities

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For section 26 of the WRA (rights of navigation, harbour and conservancy authorities) there is substituted—

(26) (1) Subject to subsection (2) below, the restriction on abstraction shall not apply to any transfer, without intervening use, of water from inland waters described in the first column of the Table below to inland waters described in the corresponding entry in the second column, if the transfer is in the course of, or results from, any operations carried out by a navigation authority, harbour authority or conservancy authority in the carrying out of their functions as such an authority.

Transfer from	Transfer to
A water system of the authority's.	The same water system.
A water system of the authority's.	Inland waters not forming part of that water system.
A supply reservoir of the authority's.	A water system of the authority’s with which that reservoir is connected.

(2) Subsection (1) above shall not apply to a transfer of water from a water system to any inland waters outside that water system in order to— (a) empty a dry dock; or (b) introduce into those inland waters all or part of a quantity of water to be abstracted from any connected inland waters in pursuance of a licence to do so granted under this Chapter. (3) The restriction on impounding works shall not apply to— (a) the construction or alteration of impounding works; or (b) the obstruction or impeding of inland waters by means of impounding works, in the course of the performance by a navigation authority, harbour authority or conservancy authority of their functions as such an authority, unless the construction, alteration, obstruction or impeding affects any inland waters in relation to which the authority does not have functions. (4) In this section, references to— (a) an authority’s water system are to a water system in relation to which the authority has functions; (b) an authority’s supply reservoir are to a reservoir— (i) belonging to a navigation authority; (ii) used for the purposes of supplying that navigation authority’s water system; and (iii) which does not discharge to any inland waters other than that water system. (5) For the purposes of this section, “water system” means the canals, the harbours, or the canals and harbours constituting the system in question— (a) together with the locks, docks, balancing reservoirs, weirs and other works associated with the system (other than any supply reservoir as described in subsection (4)(b) above); but (b) excluding any part of the system which consists of a navigable river or part of one.

Rights to abstract small quantities

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• (1) For section 27 of the WRA (rights to abstract small quantities) there is substituted—

(27) (1) The restriction on abstraction shall not apply to any abstraction of a quantity of water not exceeding twenty cubic metres in any period of twenty-four hours, if the abstraction does not form part of a continuous operation, or of a series of operations, by which a quantity of water which, in aggregate, is more than twenty cubic metres is abstracted during the period. (2) In the case of any abstraction of water from underground strata which falls within subsection (1) above, the restriction imposed by section 24(2) above shall not apply— (a) to the construction or extension of any well, borehole or other work; or (b) to the installation or modification of machinery or other apparatus, if the well, borehole or other work is constructed or extended, or the machinery or apparatus is installed or modified, for the purpose of abstracting the water. (3) Where a person is authorised by a licence under this Chapter to carry on a particular abstraction operation (or series of operations), this section does not permit him to carry it on beyond the authorisation conferred by the licence. (27A) (1) The Secretary of State may by order made by statutory instrument provide that section 27(1) above is to have effect in relation to— (a) a geographical area; or (b) a class of inland waters; or (c) a class of underground strata; or (d) a class of inland waters or of underground strata within a geographical area, (in each case as specified in the order) as if for “twenty cubic metres” there were substituted another quantity specified in the order. (2) The Secretary of State shall not make such an order except upon the application of the Agency; but he may direct the Agency to make such an application. (3) Such an order may— (a) make different provision in relation to the different paragraphs in subsection (1) above; and (b) make different provision for different areas, waters or underground strata. (4) Schedule 6 to this Act shall have effect with respect to applications for orders under subsection (1) above and with respect to the making of such orders. (5) An order under subsection (1) above which specifies a greater quantity than the one which previously had effect in relation to the area, waters or strata in question may make provision for a licence to abstract water granted under this Chapter— (a) which is for the time being in force; but (b) which by virtue of the order has become wholly or partly unnecessary, to cease to have effect, or to cease to have effect to the extent specified in the order. (6) An order under subsection (1) above may include provision for or in relation to the payment by the Agency of compensation, in cases specified in the order, to a person who— (a) immediately before the making of an order under subsection (1) above, had been in a position to carry out an abstraction to which, by virtue of section 27(1) above, the restriction on abstraction did not apply; (b) following the making of that order, requires a licence under this Chapter in order to carry out that abstraction; and (c) has suffered loss or damage as a result of his having been— (i) refused such a licence in respect of that abstraction; or (ii) granted such a licence, but in respect of an abstraction of more limited extent than the one he had been in a position to carry out. (7) Paragraphs (e) and (f) of section 219(2) below apply in relation to orders under subsection (1) above as they apply to regulations made under this Act. (8) A statutory instrument containing an order under subsection (1) above shall be subject to annulment in pursuance of a resolution of either House of Parliament.

• (2) Section 28 of the WRA shall cease to have effect.

Rights to abstract for drainage purposes, etc

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