ukpga/1991/57 — Water Resources Act 1991

Water Resources Act 1991 1991 c. 57 An Act to consolidate enactments relating to the National Rivers Authority and the matters in relation to which it exercises functions, with amendments to give effect to recommendations of the Law Commission. [25th July 1991] Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:— Part I PRELIMINARY CHAPTER I THE NATIONAL RIVERS AUTHORITY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 CHAPTER II COMMITTEES WITH FUNCTIONS IN RELATION TO THE AUTHORITY Advisory committees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 Flood defence committees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 CHAPTER III GENERAL DUTIES General duties with respect to the water industry. 15 1 It shall be the duty of the Agency and the NRBW , in exercising any of their powers under any enactment, to have particular regard to the duties imposed, by virtue of the provisions of Parts II to IV of the Water Industry Act 1991, on any water undertaker or sewerage undertaker which appears to the Agency or the NRBW , as the case may be, to be or to be likely to be affected by the exercise of the power in question. 2 It shall be the duty of each of the Ministers, in exercising— a any power conferred by virtue of the 1995 Act, this Act, the Land Drainage Act 1991, the Water Industry Act 1991 , the Water Act 1989 or the Natural Resources Body for Wales (Establishment) Order 2012 ( S.I. 2012/1903 ) in relation to, or to decisions of, the Agency or the NRBW ; or b any power which, but for any direction given by one of the Ministers, would fall to be exercised by the Agency or the NRBW , to take into account the duty imposed on the Agency and the NRBW by subsection (1) above. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 Part II Water Resources Management CHAPTER I General Management Functions General management of resources by the Agency. 19 1 It shall be the duty of the Agency to take all such action as it may from time to time consider, in accordance (if any have been given for the purposes of this section) with the directions of the Secretary of State, to be necessary or expedient for the purpose— a of conserving, redistributing or otherwise augmenting water resources in England and Wales; and b of securing the proper use of water resources in England and Wales. 2 Nothing in this section shall be construed as relieving any water undertaker of the obligation to develop water resources for the purpose of performing any duty imposed on it by virtue of section 37 of the Water Industry Act 1991 (general duty to maintain water supply system). Water resources management schemes. 20 1 It shall be the duty of the appropriate agency so far as reasonably practicable to enter into and maintain such arrangements with water undertakers for securing the proper management or operation of— a the waters which are available to be used by water undertakers for the purposes of, or in connection with, the carrying out of their functions; and b any reservoirs, apparatus or other works which belong to, are operated by or are otherwise under the control of water undertakers for the purposes of, or in connection with, the carrying out of their functions, as the appropriate agency from time to time considers appropriate for the purpose of carrying out its functions under section 6(2) or, as the case may be, section 6(2A) of the 1995 Act. 2 Without prejudice to the power of the appropriate agency and any water undertaker to include any such provision as may be agreed between them in arrangements under this section, such arrangements may— a make provision by virtue of subsection (1)(a) above with respect to the construction or installation of any reservoirs, apparatus or other works which will be used by the undertaker in the carrying out of its functions; b contain provision requiring payments to be made by the appropriate agency to the undertaker; and c require the reference to and determination by the Secretary of State or the Water Services Regulation Authority of questions arising under the arrangements. 3 The appropriate agency shall send a copy of any arrangements entered into by it under this section to the Secretary of State; and the obligations of a water undertaker by virtue of any such arrangements shall be enforceable under section 18 of the Water Industry Act 1991 (enforcement orders) by the Secretary of State. Water resources management schemes: other abstractors 20A 1 The appropriate agency may enter into and maintain such arrangements with holders of abstraction licences other than water undertakers for securing the proper management or operation of— a the waters from which they have the right by virtue of their licences to abstract water; and b any reservoirs, apparatus or other works which are used for the purposes of or in connection with their abstractions and which belong to them, are operated by them or are otherwise under their control, as the appropriate agency from time to time considers appropriate for the purpose of carrying out its functions under section 6(2) or, as the case may be, section 6(2A) of the 1995 Act. 2 Without prejudice to the power of the appropriate agency and any holder of an abstraction licence to include any such provision as may be agreed between them in arrangements under this section, such arrangements may— a make provision by virtue of subsection (1)(a) above with respect to the construction or installation of any reservoirs, apparatus or other works which the holder of the licence will use for the purposes of or in connection with his abstraction; b contain provision requiring payments to be made by the appropriate agency to the holder of the licence; and c require the reference to and determination by the Secretary of State or the Water Services Regulation Authority of questions arising under the arrangements. 3 The appropriate agency shall send a copy of any arrangements entered into by it under this section to the Secretary of State. 4 In this section, references to abstraction licences are to licences under Chapter 2 of this Part to abstract water. Water resources management schemes: referral to Secretary of State 20B 1 This section applies where— a the appropriate agency has sought to enter into arrangements acceptable to it under section 20 or 20A above, but is satisfied that the other party is unwilling to enter into such arrangements or to do so on terms appearing to the appropriate agency to be reasonable; or b having entered into such arrangements, the appropriate agency has sought to renew or vary them but is satisfied that the other party is unwilling to do so or to do so on terms appearing to the appropriate agency to be reasonable. 2 Where this section applies, the appropriate agency may refer to the Secretary of State the question (as the case may be)— a whether such arrangements should be entered into, and if so, on what terms; or b whether the arrangements should be renewed or varied (as the case may be), and if so, on what terms. 3 If the Secretary of State determines that arrangements should be entered into or (as the case may be) renewed or varied, such arrangements on the terms determined by the Secretary of State shall be enforceable— a by civil proceedings by the Secretary of State for an injunction or for any other appropriate relief; and b where the other party is a water undertaker, also under section 18 of the Water Industry Act 1991 (enforcement orders) by the Secretary of State. 4 The functions of the Secretary of State under subsection (2) above shall be treated for the purposes of section 114 of the 1995 Act (delegation or reference of appeals) as if they were functions to which paragraph (a) of subsection (1) of that section applied. Proposals for bulk supply arrangements 20C 1 In the circumstances mentioned in subsection (2) below, the appropriate agency may, in carrying out its functions under section 6(2) or, as the case may be, section 6(2A) of the 1995 Act, propose to a qualifying person (within the meaning of section 40 of the Water Industry Act 1991) that he make an application under that section for a bulk supply of water from a water undertaker. 2 The circumstances referred to in subsection (1) above are that it appears to the appropriate agency that such a bulk supply is necessary in order to secure the proper use of water resources. 3 The appropriate agency shall not make such a proposal without first consulting the Water Services Regulation Authority. 4 The appropriate agency may include in its proposal the period for which, and terms and conditions on which, the appropriate agency considers it appropriate that the bulk supply should be given. Minimum acceptable flows. 21 1 The appropriate agency may, if it thinks it appropriate to do so, submit a draft statement to the Secretary of State containing, in relation to any inland waters that are not discrete waters— a provision for determining the minimum acceptable flow for those waters; or b where any provision for determining such a flow is for the time being in force in relation to those waters, provision for amending that provision or for replacing it with different provision for determining the minimum acceptable flow for those waters. 2 The provision contained in any statement for determining the minimum acceptable flow for any inland waters shall, in relation to the inland waters to which it relates, set out— a the control points at which the flow in the waters is to be measured; b the method of measurement which is to be used at each control point; and c the flow which is to be the minimum acceptable flow at each control point or, where appropriate, the flows which are to be the minimum acceptable flows at each such point for the different times or periods specified in the statement. 3 Before preparing so much of any draft statement under this section as relates to any particular inland waters, the appropriate agency shall consult— za if those waters are in Wales and there are related inland waters in England, the Agency; zb if those waters are in England and there are related inland waters in Wales, the NRBW ; a any water undertaker having the right to abstract water from those waters; b any other water undertaker having the right to abstract water from any related underground strata; c the drainage board for any internal drainage district from which water is discharged into those waters or in which any part of those waters is situated; d any navigation authority, harbour authorityor conservancy authority having functions in relation to those waters or any related inland waters; e if those waters are ... situated in Wales (or in an area of the sea adjoining either the coast of Wales or an area of sea forming part of Wales) and they or any related inland waters are tidal waters in relation to which there is no such navigation authority, harbour authority or conservancy authority, the Secretary of State for Transport ; and f any person authorised by a licence under Part I of the Electricity Act 1989 to generate electricity who has a right to abstract water from those waters . 4 In determining the flow to be specified in relation to any inland waters under subsection (2)(c) above, the appropriate agency shall have regard— a to the flow of water in the inland waters from time to time; b in the light of its duties under sections 6(1), 7 and 8 of the 1995 Act , to the character of the inland waters and their surroundings; and c to any water quality objectives established under Chapter I of Part III of this Act in relation to the inland waters or any other inland waters which may be affected by the flow in the inland waters in question. 5 The flow specified in relation to any inland waters under subsection (2)(c) above shall be not less than the minimum which, in the opinion of the appropriate agency , is needed for safeguarding the public health and for meeting (in respect of both quantity and quality of water)— a the requirements of existing lawful uses of the inland waters, whether for agriculture, industry, water supply or other purposes; and b the requirements, in relation to both those waters and other inland waters whose flow may be affected by changes in the flow of those waters, of navigation, fisheries or land drainage. 6 The provisions of Schedule 5 to this Act shall have effect with respect to draft statements under this section and with respect to the approval of statements submitted as draft statements. 7 The approval under Schedule 5 to this Act of a draft statement under this section shall bring into force, on the date specified in that approval, so much of that statement, as approved, as contains provision for determining, amending or replacing the minimum acceptable flow for any inland waters. 8 For the purposes of subsection (3) above— a underground strata are related underground strata in relation to any inland waters if— i a water undertaker has a right to abstract water from the strata; and ii it appears to the appropriate agency , having regard to the extent to which the level of water in the strata depends on the flow of those waters, that the exercise of that right may be substantially affected by so much of the draft statement in question as relates to those waters; b inland waters are related inland waters in relation to any other inland waters, where it appears to the appropriate agency that changes in the flow of the other waters may affect the flow of the first-mentioned inland waters. 9 For the purposes of subsection (5) above the appropriate agency shall be entitled (but shall not be bound) to treat as lawful any existing use of any inland waters unless— a by a decision given in any legal proceedings, it has been held to be unlawful; and b that decision has not been quashed or reversed; ... . 10 In subsection (5) above, the reference to land drainage includes— a defence against water (including sea water), irrigation (other than spray irrigation), warping and the carrying on, for any purpose, of any other practice which involves management of the level of water in a watercourse; and b the provision of flood warning systems. Directions to the appropriate agency to consider minimum acceptable flow. 22 1 If the appropriate agency is directed by the Secretary of State to consider whether the minimum acceptable flow for any particular inland waters ought to be determined or reviewed, the appropriate agency shall consider that matter as soon as reasonably practicable after being directed to do so. 2 After considering any matter under subsection (1) above the appropriate agency shall submit to the Secretary of State with respect to the inland waters in question either— a such a draft statement as is mentioned in subsection (1) of section 21 above; or b a draft statement that no minimum acceptable flow ought to be determined for those waters or, as the case may require, that the minimum acceptable flow for those waters does not need to be changed. and subsections (6) and (7) of that section shall apply in relation to a draft statement under this subsection as they apply in relation to a draft statement under that section. 3 Without prejudice to the generality of paragraph 4 of Schedule 5 to this Act, the power of the Secretary of State under that paragraph to alter a draft statement before approving it shall include power to substitute a statement containing or amending any such provision as is mentioned in subsection (2) of section 21 above for such a draft statement as is mentioned in subsection (2)(b) of this section. Minimum acceptable level or volume of inland waters. 23 1 Where it appears to the appropriate agency , in the case of any particular inland waters, that it would be appropriate to measure the level or the volume (either instead of or in addition to the flow) the appropriate agency may determine that sections 21 and 22 above shall apply in relation to those inland waters as if any reference to the flow were or, as the case may be, included a reference to the level or to the volume. 2 Where the appropriate agency makes a determination under subsection (1) above with respect to any inland waters, any draft statement prepared for the purposes of section 21 or 22 above, in so far as it relates to those waters, shall state— a whether the level or the volume is to be measured; and b whether it is to be measured instead of, or in addition to, the flow. 3 Chapter II of this Part shall apply in relation to any inland waters with respect to which a determination has been made under subsection (1) above as if any reference in that Chapter to the flow were, or (as the case may be) included, a reference to the level or, as the case may be, the volume. Chapter II ABSTRACTION AND IMPOUNDING Restrictions on abstraction and impounding Restrictions on abstraction. 24 1 Subject to the following provisions of this Chapter and to any drought order or drought permit under Chapter III of this Part, no person shall— a abstract water from any source of supply; or b cause or permit any other person so to abstract any water, except in pursuance of a licence under this Chapter granted by the appropriate agency and in accordance with the provisions of that licence. 2 Where by virtue of subsection (1) above the abstraction of water contained in any underground strata is prohibited except in pursuance of a licence under this Chapter, no person shall begin, or cause or permit any other person to begin— a to construct any well, borehole or other work by which water may be abstracted from those strata; b to extend any such well, borehole or other work; or c to instal or modify any machinery or apparatus by which additional quantities of water may be abstracted from those strata by means of a well, borehole or other work, unless the conditions specified in subsection (3) below are satisfied. 3 The conditions mentioned in subsection (2) above are— a that the abstraction of the water or, as the case may be, of the additional quantities of water is authorised by a licence under this Chapter; and b that— i the well, borehole or work, as constructed or extended; or ii the machinery or apparatus, as installed or modified, fulfils the requirements of that licence as to the means by which water is authorised to be abstracted. 4 A person shall be guilty of an offence if— a he contravenes subsection (1) or (2) above; or b he is for the purposes of this section the holder of a licence under this Chapter and, in circumstances not constituting such a contravention, does not comply with a condition or requirement imposed by the provisions, as for the time being in force, of that licence. 5 A person who is guilty of an offence under this section shall be liable on summary conviction, or on conviction on indictment, to a fine . 6 The restrictions imposed by this section shall have effect notwithstanding anything in any enactment contained in any Act passed before the passing of the Water Resources Act 1963 on 31st July 1963 or in any statutory provision made or issued, whether before or after the passing of that Act, by virtue of such an enactment. Abstraction licences 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. Restrictions on impounding. 25 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 appropriate 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. 2 A person shall be guilty of an offence if— a he contravenes subsection (1) above; or b he is for the purposes of this section the holder of a licence under this Chapter and ... does not comply with a condition or requirement imposed by the provisions, as for the time being in force, of that licence. 3 A person who is guilty of an offence under this section shall be liable on summary conviction, or on conviction on indictment, to a fine . 4 Subject to subsection (5) below, the restrictions imposed by this section shall have effect notwithstanding anything in any enactment contained in any Act passed before the passing of the Water Resources Act 1963 on 31st July 1963 or in any statutory provision made or issued, whether before or after the passing of that Act, by virtue of such an enactment. 5 Subject to subsection (6) below, the restriction on impounding works shall not apply in respect of any impounding works , if— a the construction or alteration of those works; or b the obstruction or impeding of the flow of the inland waters resulting from the construction or alteration of the works, is authorised (in whatsoever terms, and whether expressly or by implication) by virtue of any such statutory provision as at the coming into force of this Act was an alternative statutory provision for the purposes of section 36(2) of the Water Resources Act 1963. 6 The provisions of this Chapter shall have effect in accordance with subsection (7) below where by virtue of any such provision as is mentioned in subsection (5) above and is for the time being in force— a any water undertaker or sewerage undertaker to which rights under that provision have been transferred in accordance with a scheme under Schedule 2 to the Water Act 1989 or Schedule 2 to the Water Industry Act 1991; or b any other person, is authorised (in whatsoever terms, and whether expressly or by implication) to obstruct or impede the flow of any inland waters by means of impounding works (whether those works have already been constructed or not). 7 Where subsection (6) above applies, the provisions of this Chapter shall have effect (with the necessary modifications), where the reference is to the revocation or variation of a licence under this Chapter, as if— a any reference in those provisions to a licence under this Chapter included a reference to the authorisation mentioned in that subsection; and b any reference to the holder of such a licence included a reference to the undertaker or other person so mentioned. 8 In this Chapter “ impounding works ” means either of the following, that is to say— a any dam, weir or other works in any inland waters by which water may be impounded; b any works for diverting the flow of any inland waters in connection with the construction or alteration of any dam, weir or other works falling within paragraph (a) above. 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. Enforcement notices 25A 1 Subject to the following provisions of this section, where it appears to the appropriate 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 appropriate 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 appropriate 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 appropriate 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 appropriate 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 appropriate 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). Rights of entry and appeals 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. Consequences of not complying with an enforcement notice 25C 1 If a person on whom the appropriate 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 on summary conviction, or 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 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. 4 If the appropriate 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 appropriate agency may take proceedings in the High Court for the purpose of securing compliance with the notice. Rights to abstract or impound Rights of navigation, harbour and conservancy authorities. 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. 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. Variation of small quantity threshold 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 appropriate agency ; but he may direct the appropriate 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 appropriate 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. Curtailment of rights under section 27. 28 1 The provisions of this section shall have effect where a person (“the occupier") is entitled, by virtue of subsection (6) of section 27 above, to a protected right for the purposes of this Chapter by reason of his being the occupier of such a holding as is mentioned in subsection (4) of that section in relation to an abstraction falling within that subsection (“the holding"). 2 If it appears to the Agency that the occupier is entitled, as against other occupiers of land contiguous to the inland waters in question, to abstract water from those waters for use on part of the holding (“the relevant part"), but is not so entitled to abstract water for use on other parts of the holding— a the Agency may serve on him a notice specifying the relevant part of the holding; and b subject to the following provisions of this section, the notice shall have effect so as to require subsections (3) and (4) of section 27 above to be construed in relation to the holding as if the references in subsection (4) to use on the holding were references to use on the part of the holding specified in the notice. 3 Where a notice is served under subsection (2) above and the occupier objects to the notice on the grounds— a that he is entitled, as against other occupiers of land contiguous to the inland waters in question, to abstract water from those waters for use on every part of the holding; or b that he is so entitled to abstract water for use on a larger part of the holding than that specified in the notice, he may, within such period (not being less than twenty-eight days from the date of service of the notice) and in such manner as may be prescribed, appeal to the court against the notice. 4 On any appeal under subsection (3) above, the court shall determine the matter in dispute and, in accordance with its decision, confirm, quash or vary the Agency’s notice and— a where the court quashes a notice served under subsection (2) above, paragraph (b) of that subsection shall not have effect; and b where the court varies such a notice, that paragraph shall have effect, but with the substitution, for the reference to the part of the holding specified in the notice, of a reference to the part specified in the notice as varied by the court. 5 In this section— “ the court ” means the county court for the district in which the holding, or the part of the holding which is contiguous to the inland waters in question, is situated; and “ entitled ” (except in subsection (1) above) means entitled apart from this Chapter or any other statutory provision. Rights to abstract for drainage purposes etc. 29 1 The restriction on abstraction shall not apply to any abstraction of water from a source of supply in the course of, or resulting from, any operations for purposes of land drainage. 1A The restriction on abstraction shall not apply to any abstraction of water from inland waters within the district of an internal drainage board if— a the abstraction is carried out by or on behalf of that board in connection with its functions; b the water abstracted is transferred to another area of inland waters within the board’s district without intervening use; and c the sole or main purpose of the transfer is to augment that other area of inland waters. 2 The restriction on abstraction shall not apply to any abstraction of water from a source of supply in so far as the abstraction (where it does not fall within subsection (1) or (1A) above) is an emergency abstraction and the person abstracting the water complies with subsection (2B) below. 2A An abstraction of water is an emergency abstraction if, in the opinion of the abstractor, an emergency has arisen which makes the abstraction necessary to prevent immediate danger of interference with any mining, quarrying, engineering, building or other operations (whether underground or on the surface) or, in relation to such operations, to prevent an immediate risk— a to a human being of death, personal injury or harm to health; b of serious damage to works resulting from any such operations; or c of serious damage to the environment. 2B In the case of any emergency abstraction, the person abstracting the water shall before the end of the period of five days beginning with the date on which the abstraction started give notice to the appropriate agency of— a the abstraction and of the source of supply in question; and b the reasons for the abstractor’s opinion that an emergency had arisen and that the abstraction was necessary. 2C The appropriate agency may give notice to the person referred to in subsection (2B) above that in the appropriate agency's opinion an emergency had not arisen, or that the abstraction is not, or is no longer, necessary for any of the reasons set out in subsection (2A) above; and, if the appropriate agency does so, the restriction on abstraction shall apply to the abstraction from the time when the notice is served (and, if applicable, the restriction imposed by section 24(2) above shall apply accordingly). 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 In the case of any abstraction of water from underground strata which falls within subsection (1) or (2) 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. 5 In this section, “land drainage”— a includes the protection of land against erosion or encroachment by water, whether from inland waters or from the sea; but b does not include warping, irrigation (including spray irrigation), or transferring water from one source of supply to another (whether with or without intervening use) solely or mainly in order to augment the latter. Notices with respect to borings not requiring licences. 30 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Appeals against conservation notices under section 30. 31 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Miscellaneous rights to abstract. 32 1 The restriction on abstraction shall not apply to any abstraction by machinery or apparatus installed on a vessel, where the water is abstracted for use on that, or any other, vessel. 2 The restriction on abstraction and the other restrictions imposed by section 24 above shall not apply to the doing of anything— a for extinguishing fires or protecting life and property in the event of fire ; or b for the purpose of testing apparatus used for either of those purposes or of training or practice in the use of such apparatus. 3 The restriction on abstraction and the other restrictions imposed by section 24 above shall not apply— a to any abstraction of water; b to the construction or extension of any well, borehole or other work; or c to the installation or modification of machinery or other apparatus, if the abstraction, construction, extension, installation or modification is for any of the purposes specified in subsection (4) below and takes place with the consent of the appropriate agency and in compliance with any conditions imposed by the appropriate agency . 4 The purposes mentioned in subsection (3) above are— a the purpose of ascertaining the presence of water in any underground strata or the quality or quantity of any such water; and b the purpose of ascertaining the effect of abstracting water from the well, borehole or other work in question on the abstraction of water from, or the level of water in, any other well, borehole or other work or any inland waters. Power to provide for further rights to abstract. 33 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Power to provide for further exemptions 33A 1 The Secretary of State may make regulations providing for further cases in which— a the restriction on abstraction (and, in the case of abstractions from underground strata, the other restrictions imposed by section 24 above); or b the restriction on impounding works, shall not apply; and in this section such a case is referred to as an “ exemption ”. 2 The regulations may, in particular, make provision, in relation to an exemption— a for the exemption to apply only for a prescribed period; b for the exemption not to apply unless prescribed conditions are satisfied, or continue to be satisfied; c for the appropriate agency to be notified, or its consent obtained— i before any particular abstraction operation or series of such operations begins; or ii in connection with such an operation or series of operations relating to the abstraction of water in underground strata, before any other thing which is mentioned in section 24(2) above is done; or iii before any impounding works are constructed or altered, in reliance on the exemption. 3 The regulations may provide for an exemption to apply generally or to relate to— a a prescribed geographical area; b a prescribed source of supply (in the case of an exemption from the restriction on abstraction or the other restrictions imposed by section 24 above); or c prescribed inland waters (in the case of an exemption from the restriction on impounding works). 4 Subject to subsection (5) below, if regulations under this section provide for an exemption falling within subsection (1)(a) above, the regulations shall— a if appropriate, make provision for the exemption not to permit a person who is authorised by a licence under this Chapter to carry on an abstraction operation (or series of operations) to carry it on beyond the authorisation conferred by the licence; and b make provision as to whether or not, in relation to any abstraction, the exemption provided for by the regulations is to be counted cumulatively with any other exemption which a person has by virtue of this section or section 27 above. 5 The regulations may make provision for a licence granted under this Chapter and which is for the time being in force to cease to have effect, or to cease to have effect to the extent specified in the regulations, if it authorises an activity which falls to any extent within the exemption provided for by the regulations. Applications for a licence Regulations with respect to applications. 34 1 Any application for a licence under this Chapter shall be made in such manner as may be prescribed, and shall include such particulars, be accompanied by such reports, and be verified by such evidence, as may be prescribed. 2 The Secretary of State may by regulations make provision as to the manner in which applications for the grant of licences under this Chapter are to be dealt with, including provision requiring the giving of notices of, and information relating to, the making of such applications or decisions on such applications , and provision for making such applications available for public inspection. 3 Without prejudice to the generality of subsection (2) above, provision shall be made by regulations under this section for securing that, in such circumstances as may be prescribed (being circumstances in which it appears to the Secretary of State that applications for licences under this Chapter would be of special concern to National Park . . . authorities)— a notice of any such application will be given to such one or more National Park . . . authorities as may be determined in accordance with the regulations; and b the matters to which the appropriate agency or, as the case may be, the Secretary of State is to have regard in dealing with the application will include any representations made by any such National Park . . . authority within such period and in such manner as may be prescribed. 4 The preceding provisions of this section shall have effect subject to any express provision contained in, or having effect by virtue of, any other enactment contained in this Chapter; and any regulations made under this section shall have effect subject to any such express provision. 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Restrictions on persons who may make applications for abstraction licences. 35 1 No application for a licence under this Chapter to abstract water shall be entertained unless it is made by a person entitled to make the application in accordance with the following provisions of this section. 2 In relation to abstractions from any inland waters, a person shall be entitled to make the application if, as respects the place (or, if more than one, as respects each of the places) at which the proposed abstractions are to be effected, he satisfies the appropriate agency that— a he has, or at the time when the proposed licence is to take effect will have, a right of access to land contiguous to the inland waters at that place (or those places); and b he will continue to have such a right for the period of at least one year beginning with the date on which the proposed licence is to take effect, or until it is to expire (if sooner). 3 In relation to abstractions from underground strata, a person shall be entitled to make the application if he satisfies the appropriate agency that— a he has, or at the time when the proposed licence is to take effect will have, a right of access to land consisting of or comprising those underground strata; and b he will continue to have such a right for the period of at least one year beginning with the date on which the proposed licence is to take effect, or until it is to expire (if sooner). 3A The appropriate agency may, in particular, take evidence of a person’s occupation of land to be evidence of his right of access to it. 4 Any reference in this section to a person who will have a right of access to land of any description— a includes a reference to a person who satisfies the appropriate agency that he has entered into negotiations for the acquisition of an interest in land of that description such that, if the interest is acquired by him, he will be entitled to a right of access to that land; and b without prejudice to the application of paragraph (a) above to a person who is or can be authorised to acquire land compulsorily, also includes any person who satisfies the appropriate agency that by virtue of any enactment, the compulsory acquisition by that person of land of that description either has been authorised or can be authorised and has been initiated. 5 In subsection (4) above the reference to initiating the compulsory acquisition of land by a person is a reference to— a the submission to the relevant Minister of a draft of an order which, if made by that Minister in the form of the draft, will authorise that person to acquire that land compulsorily, with or without other land; or b the submission to the relevant Minister of an order which, if confirmed by that Minister as submitted will authorise that person to acquire that land compulsorily, with or without other land. 6 In subsection (5) above “ the relevant Minister ”, in relation to the compulsory acquisition of land by any person, means the Minister who, in accordance with the enactment mentioned in subsection (4)(b) above, is empowered to authorise that person to acquire land compulsorily. Application for combined abstraction and impounding licence. 36 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Applications: types of abstraction licence 36A 1 The appropriate 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 appropriate 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 appropriate 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 appropriate 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 appropriate 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 appropriate 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 appropriate agency , whether the appeal relates to that part of the decision or not; and b shall direct the appropriate agency to deal with the application, or applications, accordingly (which, if the appropriate 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). Publication of application for licence. 37 1 The appropriate agency shall publish a notice of an application for— a a full licence or a transfer licence; or b a licence under this Chapter to obstruct or impede the flow of any inland waters by means of impounding works, in the prescribed way or (if no way is prescribed) in a way calculated to bring the application to the attention of persons who in the appropriate agency's view are likely to be affected by the licence. 2 Not later than the date on which that notice is first published, the appropriate agency shall also serve a copy of it on the persons referred to in subsection (3) below (except the applicant, if the applicant is one of those persons). 3 Those persons are— a any water undertaker within whose area any proposed point of abstraction or impounding is situated; b any navigation authority, harbour authority or conservancy authority having functions in relation to any inland waters at any such proposed point; and c the drainage board for any internal drainage district within which any such proposed point is situated, but paragraphs (b) and (c) above do not apply if the licence applied for is exclusively for the abstraction of water from a source of supply that does not form part of any inland waters. 4 A notice for the purposes of the preceding provisions of this section shall— a be in the prescribed form and shall include any prescribed matters; and b state that any person may make representations in writing to the appropriate agency with respect to the application at any time before the end of a period specified in the notice. 5 The period referred to in subsection (4)(b) above— a begins on the date the notice referred to in subsection (1) above is first published as mentioned there; and b shall not end before the end of the period of twenty-eight days beginning with that date. 6 The Secretary of State may make regulations providing for— a the requirements of subsection (2) above, or of both subsections (1) and (2) above, not to apply in prescribed cases; b notices of applications to exclude prescribed classes of information, either generally or as respects prescribed classes of application. 7 In this section, “ proposed point of abstraction or impounding ”, in relation to an application for a licence referred to in subsection (1) above, means a place where a licence, if granted in accordance with the application, would authorise— a water to be abstracted; or b the flow of inland waters to be obstructed or impeded by means of impounding works, (as the case may be). 8 This section is subject to section 37A below. Power to dispense with publication requirements 37A The Secretary of State may by regulations make provision for— a enabling the appropriate 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 appropriate agency is the applicant) be dispensed with, if in that case it appears to the appropriate agency (or, as the case may be, the Secretary of State) to be appropriate to do so. Consideration of licence applications General consideration of applications. 38 1 The appropriate agency shall not determine any application for a licence under this Chapter before the end of the period specified in the notice referred to in section 37(4)(b) above. 1A An application shall be determined in two stages in accordance with subsections (1B) and (1C) below if it is an application for a full licence or a transfer licence which, if granted— a would take effect immediately after the expiry of an existing licence of the same type (the “existing licence”) and be held by the same person as the holder of that licence; but b would in any other respect be different from the existing licence in a way which, if the existing licence were to continue without expiring, would require an application to be made under section 51(2) below for a variation of the licence. 1B So far as the application relates to any such difference as is mentioned in subsection (1A)(b) above, it shall first be treated for determination purposes as if it were an application for a variation under section 51(2) below (but as if the existing licence were to continue without expiring). 1C If the result of that would have been the grant of the application for variation of the licen