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Water Bill [HL]


Water Bill [HL]
Part 1 — Abstraction and impounding

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Form, contents and effect of licences

 21    Form, contents and effect of licences

     (1)    Section 46 of the WRA (form and contents of licences) is amended as provided

in subsections (2) to (4).

     (2)    In subsection (2), for the words before paragraph (a) there is substituted “Every

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full licence under this Chapter shall, and any other licence under this Chapter

to abstract water may, make—”.

     (3)    After subsection (2) there is inserted—

           “(2A)              For the purposes of section 61(4A) below—

                  (a)                 every full licence under this Chapter which is for a term

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exceeding twelve years shall; and

                  (b)                 any transfer licence under this Chapter which is for a term

exceeding twelve years may,

                         specify a minimum value for the quantity referred to in subsection

(2)(a) above.”

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     (4)    For subsections (4) and (5) there is substituted—

           “(4)              Every licence under this Chapter to abstract water shall also specify the

purposes for which water abstracted in pursuance of the licence is to be

used.

           (5)              Every licence under this Chapter to abstract water shall state—

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                  (a)                 the date on which it takes effect; and

                  (b)                 the date on which it expires.

           (5A)              Every licence under this Chapter to obstruct or impede any inland

waters shall remain in force until revoked.”

     (5)    In section 47 of the WRA (holders of licence), in subsection (1), the words “to

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abstract water” are omitted.

 22    Limited extension of abstraction licence validity

After section 46 of the WRA there is inserted—

       “46A            Limited extension of abstraction licence validity

           (1)           If the condition in subsection (2) below is met, a full licence or a transfer

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licence whose term exceeded twelve months but whose expiry date

(“the expiry date”) has passed shall be treated for all the purposes of

this Act as not expiring until the date mentioned in subsection (4)

below.

           (2)           The condition is that the Agency receives, not later than the beginning

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of the period of three months ending on the expiry date (or such later

date before the expiry date as the Agency agrees), a valid application

for a new licence—

                  (a)                 for abstraction from the same point as the abstraction licensed

by the expiring licence;

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                  (b)                 whose holder would be the same as the holder of the expiring

licence; and

 

 

Water Bill [HL]
Part 1 — Abstraction and impounding

    25

 

                  (c)                 which would take effect immediately after the expiry date.

           (3)           For the purposes of subsection (2) above, a “valid” application is one

which complies with all the requirements of this Act in relation to the

making of applications for licences of the type in question.

           (4)           The date referred to in subsection (1) above is whichever is the later

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of—

                  (a)                 if a new licence is granted (whether or not on the terms applied

for), the date on which it takes effect;

                  (b)                 otherwise—

                        (i)                        except where the Secretary of State calls in an

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application under section 41 above, the expiry of the

period for appealing under section 43 above, or if an

appeal is brought, the date of its withdrawal; or

                        (ii)                       where the Secretary of State decides (under section 42 or

44 above) that no licence is to be granted, the date on

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which that decision is notified to the applicant.”

Modification of licences

 23    Modification of impounding licences

     (1)    Section 51 of the WRA (modification of licence on application of licence holder)

is amended as follows.

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     (2)    In subsection (1), after “Chapter” there is inserted “to abstract water”.

     (3)    After subsection (1) there is inserted—

           “(1A)              The holder of a licence under this Chapter to obstruct or impede the

flow of inland waters (an “impounding licence”) may apply to the

Agency to revoke the licence and, on any such application, the Agency

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may revoke the licence accordingly.

           (1B)              The Agency may require conditions to be met to its satisfaction before

revocation of the impounding licence takes effect, and those conditions

may in particular include conditions—

                  (a)                 requiring the removal of all or part of the impounding works;

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                  (b)                 as to the restoration of the site of the impounding works to a

state which is satisfactory to the Agency;

                  (c)                 relating to the inland waters the flow of which is obstructed or

impeded by means of the impounding works.

           (1C)              The person making an application under subsection (1A) above (“the

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applicant”) may by notice appeal to the Secretary of State if—

                  (a)                 he is dissatisfied with the decision of the Agency as to—

                        (i)                        whether his licence may be revoked; or

                        (ii)                       any conditions imposed by virtue of subsection (1B)

above; or

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                  (b)                 the Agency fails to give notice of its decision to the applicant

within the prescribed period or within such extended period as

may be agreed in writing between the Agency and the

applicant.

 

 

Water Bill [HL]
Part 1 — Abstraction and impounding

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           (1D)              The Secretary of State may by regulations make provision with respect

to—

                  (a)                 the manner in which notices of appeal under subsection (1C)

above shall be served;

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

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                  (c)                 the procedure on any such appeal.

           (1E)              Where an appeal is brought under subsection (1C) above, the Secretary

of State may—

                  (a)                 allow or dismiss the appeal or reverse or vary any part of the

decision of the Agency, whether the appeal relates to that part

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of the decision or not; and

                  (b)                 may deal with the application as if it had been made to him in

the first place.

           (1F)              The decision of the Secretary of State on any appeal under subsection

(1C) above shall be final.

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           (1G)              Subsections (1C) to (1F) above are subject to section 114 of the 1995 Act

(delegation or reference of appeals).”

     (4)    In section 114 of the Environment Act 1995 (c. 25) (power of Secretary of State

to delegate or refer in connection with appeals), in subsection (2)(a)(v), after

“43,” there is inserted “51,”.

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     (5)    The amendments made by this section apply (as regards any act or omission

after this section comes into force) in respect of impounding licences,

regardless of when the impounding works were constructed.

 24    Proposals for modification at instance of Agency or Secretary of State

     (1)    Section 52 of the WRA (proposals for modification of licences at the instance of

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the Agency or the Secretary of State) is amended as follows.

     (2)    After subsection (1) there is inserted—

           “(1A)              In the case of a licence to obstruct or impede any inland waters, a

variation may take the form of a requirement that the impounding

works be modified in ways specified in the proposed new provision of

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the licence.”

     (3)    In subsection (4), for paragraph (b) there is substituted—

                  “(b)                    be published in the prescribed way or (if no way is prescribed)

in a way calculated to bring it to the attention of persons likely

to be affected if the licence were revoked or varied as

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proposed.”

     (4)    In subsection (5), for “otherwise than in the London Gazette” there is

substituted “as mentioned in subsection (4)(b) above”.

     (5)    For subsection (6) there is substituted—

           “(6)              A notice for the purposes of subsection (4) above shall—

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                  (a)                 include any prescribed matters; and

                  (b)                 state that, before the end of a period specified in the notice—

                        (i)                        the holder of the licence may give notice in writing to the

Agency objecting to the proposals; and

 

 

Water Bill [HL]
Part 1 — Abstraction and impounding

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                        (ii)                       any other person may make representations in writing

to the Agency with respect to the proposals.”

     (6)    For subsection (7) there is substituted—

           “(7)              The period referred to in subsection (6)(b) above—

                  (a)                 begins on the date the notice referred to in subsection (4) above

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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.”

     (7)    Subsection (8) is omitted.

Transfer and apportionment of licences

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 25    Transfer and apportionment of licences

     (1)    After section 59 of the WRA there is inserted—

       “59A            Transfer of licence

           (1)           The following licences—

                  (a)                 a full licence;

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                  (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.

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           (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

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                  (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

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                        (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

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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

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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.

 

 

Water Bill [HL]
Part 1 — Abstraction and impounding

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           (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

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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

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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

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in accordance with that section (including subsections (4) to (6)).

       59B            Vesting of licence on death or bankruptcy of holder

           (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

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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

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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

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vesting.

           (4)           Where a 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—

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                  (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            Apportionment of licence to abstract

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           (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

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                  (b)                 to a number of other persons of parts amounting in all to the

whole,

 

 

Water Bill [HL]
Part 1 — Abstraction and impounding

    29

 

                         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”).

5

           (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 it

is proposed he be permitted to abstract, and (if the holder of the

old licence is to continue the abstraction in part) what quantity

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of water it is proposed he be permitted to abstract;

                  (b)                 specify the purpose or purposes for which the persons referred

to in paragraph (a) above would be permitted to abstract water

(being one or more of the purposes for which abstraction is

authorised under the old licence);

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                  (c)                 specify the point (or points) of abstraction from which it is

proposed those persons would be permitted to 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

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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

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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

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                  (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

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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;

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                  (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

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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.

 

 

Water Bill [HL]
Part 1 — Abstraction and impounding

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           (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.

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           (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.

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           (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

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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

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have a right, by virtue of subsection (10) above, to carry on an

abstraction if—

                  (a)                 during a period of four years that person does not carry out any

such abstraction; or

                  (b)                 following an order under section 27A(1) above or regulations

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under section 33A above, that person is granted a full licence in

respect of abstraction from the same point.

           (12)          For the purposes of section 39A above, a new licence granted under

subsection (5) above shall be treated as if it (together with any other

new licence granted by virtue of the relevant apportionment notice)

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had been granted at the time of, and in place of, the grant of the old

licence.

           (13)          In this section—

                                  “exemption” means the disapplication of the restriction on

abstraction under or by virtue of section 27 or 33A above; and

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                                  “point of abstraction” and “right of access” have the same

meanings as in section 59A above.

       59D            Apportionment of licence to abstract: supplementary

           (1)           The Secretary of State may make regulations about the provisions to be

contained in licences granted under section 59C above.

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           (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

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vested under section 59B above, an apportionment notice shall be of no

effect unless the notice required by section 59B(4) has been given.

 

 

 
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