|
| |
| |
order or regulations referred to in subsection (7) above, are to the part | |
of the licence which ceased to have effect. | |
(11) Any reference in this Chapter to the person entitled to a protected right | |
shall be construed in accordance with this section. | |
(12) This section is subject to any provision made by virtue of subsection (3) | 5 |
of section 39B below, and to subsections (4) and (5) of that section.” | |
(2) In section 72 of the WRA (interpretation of Chapter 2), in the entry for | |
“protected right” in subsection (1), for “section 39(3)” there is substituted | |
“section 39A”. | |
18 Register of certain protected rights | 10 |
After section 39A of the WRA (inserted by section 17) there is inserted— | |
“39B Register of certain protected rights | |
(1) The Secretary of State may by regulations make provision for and in | |
connection with the establishment, and for the keeping and | |
maintenance by the Agency, of one or more registers of protected rights | 15 |
which arise otherwise than by virtue of a licence under this Chapter to | |
abstract water. | |
(2) The regulations may, in particular, provide for— | |
(a) a register to relate to a prescribed geographical area, or for | |
different sections of a register to relate to different geographical | 20 |
areas (whether prescribed or not); | |
(b) the inclusion of protected rights which arise other than by | |
virtue of any provision of this Act; | |
(c) the form and contents of the register, and its inspection by | |
members of the public; | 25 |
(d) the procedure for applying for a protected right to be included | |
in the register, including any information which is to | |
accompany the application; | |
(e) cases in which it is the duty of the Agency to include a protected | |
right in the register without an application for inclusion having | 30 |
been made. | |
(3) The Secretary of State may by order designate any geographical area in | |
respect of which a register, or a section of a register, relates as an area | |
of compulsory registration. | |
(4) If he does so, a protected right in that area which is not registered shall | 35 |
not have effect as a protected right for any purpose of this Act (other | |
than that of registering it) for so long as it is not registered. | |
(5) Subsection (4) above does not apply in relation to any protected right | |
until after the expiry of the period of two years beginning with the date | |
on which the order under subsection (3) above was made, or such | 40 |
longer period as may be specified in the order. | |
(6) An order under subsection (3) above may be made only on the | |
application of the Agency; but the Secretary of State may direct the | |
Agency to make such an application. | |
| |
| |
|
| |
| |
(7) Schedule 6 to this Act shall have effect with respect to applications for | |
orders under subsection (3) above and with respect to the making of | |
such orders. | |
(8) The power to make orders under this section shall be exercisable by | |
statutory instrument; and a statutory instrument containing an order | 5 |
under this section shall be subject to annulment in pursuance of a | |
resolution of either House of Parliament. | |
(9) Paragraphs (d) to (f) of section 219(2) below apply in relation to orders | |
under this section as they apply to regulations made under this Act.” | |
Form, contents and effect of licences | 10 |
19 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 | |
full licence under this Chapter shall, and any other licence under this Chapter | 15 |
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 | |
exceeding twelve years shall; and | 20 |
(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.” | |
(4) For subsections (4) and (5) there is substituted— | 25 |
“(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— | |
(a) the date on which it takes effect; and | 30 |
(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 | |
abstract water” are omitted. | 35 |
20 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 | |
licence whose term exceeded twelve months but whose expiry date | 40 |
| |
| |
|
| |
| |
(“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 | |
of the period of three months ending on the expiry date (or such later | 5 |
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; | |
(b) whose holder would be the same as the holder of the expiring | 10 |
licence; and | |
(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. | 15 |
(4) The date referred to in subsection (1) above is whichever is the later | |
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— | 20 |
(i) except where the Secretary of State calls in an | |
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 | 25 |
44 above) that no licence is to be granted, the date on | |
which that decision is notified to the applicant.” | |
Modification of licences | |
21 Modification of licences | |
(1) Section 51 of the WRA (modification of licence on application of licence holder) | 30 |
is amended as follows. | |
(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 | 35 |
Agency to revoke the licence and, on any such application, the Agency | |
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— | 40 |
(a) requiring the removal of all or part of the impounding works; | |
(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. | 45 |
| |
| |
|
| |
| |
(1C) The person making an application under subsection (1A) above (“the | |
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) | 5 |
above; or | |
(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. | 10 |
(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; | 15 |
(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 | 20 |
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. | 25 |
(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,”. | 30 |
(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. | |
22 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 | 35 |
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 | 40 |
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 | |
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— | 5 |
“(6) A notice for the purposes of subsection (4) above shall— | |
(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 | 10 |
(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 | 15 |
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 | 20 |
23 Transfer and apportionment of licences | |
(1) After section 59 of the WRA there is inserted— | |
“Transfer and apportionment of licences | |
59A Transfer of licence | |
(1) The following licences— | 25 |
(a) a full licence; | |
(b) a transfer licence; or | |
(c) a licence to obstruct or impede the flow of inland waters by | |
means of impounding works, | |
may be transferred by the holder of the licence to another person (“the | 30 |
transferee”) in accordance with the following provisions of this section. | |
(2) The holder and the proposed transferee shall give notice (a “transfer | |
notice”) to the Agency of their agreement that the licence should be | |
transferred. | |
(3) The transfer notice shall include— | 35 |
(a) such information as the Agency reasonably requires; and | |
(b) (in the case of the transfer of a full licence or of a transfer licence) | |
a declaration by the proposed transferee that— | |
(i) he has, or at the time when the proposed transfer is to | |
take effect will have, a right of access in relation to each | 40 |
point of abstraction; and | |
| |
| |
|
| |
| |
(ii) he will continue to have such a right for the period of at | |
least one year beginning with the date on which the | |
proposed transfer is to take effect, or until the licence is | |
to expire (if sooner), | |
and may specify the date on which the holder and the transferee wish | 5 |
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 | 10 |
which complies with the requirements of subsections (2) and (3) above, | |
the Agency shall amend the licence by substituting the name of the | |
transferee as holder of the licence. | |
(6) The transfer shall take effect— | |
(a) from the date on which the Agency amends the licence; or | 15 |
(b) from the date specified in the transfer notice, if later. | |
(7) Nothing in this section shall affect the liability of the holder of the | |
licence for any failure by him, before the transfer took effect, to comply | |
with any condition or requirement of that licence. | |
(8) In this section— | 20 |
“point of abstraction” means a place where the licence authorises | |
water to be abstracted from inland waters or (as the case may | |
be) a place consisting of or comprising underground strata from | |
which the licence authorises water to be abstracted; and | |
“right of access” means, in relation to a point of abstraction, a right | 25 |
of access to land of the kind referred to in subsection (2)(a) or, as | |
the case may be, (3)(a) of section 35 above; and references to a | |
person who will have such a right of access shall be construed | |
in accordance with that section (including subsections (4) to (6)). | |
59B Vesting of licence on death or bankruptcy of holder | 30 |
(1) On the death of the holder of a licence under this Chapter, the licence | |
shall be regarded as property forming part of the deceased’s personal | |
estate, whether or not it would be so regarded apart from this | |
subsection, and shall accordingly vest in his personal representatives. | |
(2) If a bankruptcy order is made against the holder of a licence under this | 35 |
Chapter, the licence shall be regarded for the purposes of any of the | |
Second Group of Parts of the Insolvency Act 1986 (insolvency of | |
individuals; bankruptcy) as property forming part of the bankrupt’s | |
estate, whether or not it would be so regarded apart from this | |
subsection, and shall accordingly vest as such in the trustee in | 40 |
bankruptcy. | |
(3) A person in whom a licence vests under this section shall become the | |
holder of the licence, in place of the prior holder, from the date of the | |
vesting. | |
(4) Where a licence vests in any person under this section, that person shall | 45 |
give notice of that fact to the Agency not later than the end of the period | |
of fifteen months beginning with the date of the vesting. | |
| |
| |
|
| |
| |
(5) If— | |
(a) a licence vests in any person under this section; but | |
(b) that person fails to give the notice required by subsection (4) | |
above within the period mentioned there, | |
the licence shall cease to have effect. | 5 |
59C Apportionment of licence to abstract | |
(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 | 10 |
parts not amounting to the whole; or | |
(b) to a number of other persons of parts amounting in all to the | |
whole, | |
of that right. | |
(2) The holder of the old licence and any person proposing to carry on a | 15 |
part of the abstraction authorised by the old licence in place of the | |
holder (a “successor”) shall give notice to the Agency of their | |
agreement to the division and transfer (an “apportionment notice”). | |
(3) The apportionment notice shall, in relation to the abstraction | |
authorised by the old licence— | 20 |
(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 | |
of water it is proposed he be permitted to abstract; | |
(b) specify the purpose or purposes for which the persons referred | 25 |
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); | |
(c) specify the point (or points) of abstraction from which it is | |
proposed those persons would be permitted to abstract water | 30 |
(being one or more of the points from which abstraction is | |
authorised under the old licence); | |
(d) include a declaration by each of those persons who requires a | |
licence under this Chapter in order to carry on the abstraction | |
that— | 35 |
(i) he has, or at the time when the proposed grant to him of | |
a new licence under subsection (5) below is to take effect | |
will have, a right of access in relation to each such point | |
of abstraction; and | |
(ii) he will continue to have such a right for the period of at | 40 |
least one year beginning with the date on which the new | |
licence is to take effect, or until it is to expire (if sooner); | |
and | |
(e) include such other information as the Agency reasonably | |
requires, | 45 |
and may specify the date on which the holder and the successor (or | |
successors) wish the division and transfer (or transfers) to take effect. | |
(4) The apportionment notice shall be accompanied by an application on | |
the part of the holder of the old licence for its revocation. | |
| |
| |
|
