(1)In relation to the abstraction of water by river authorities from sources of supply in their areas, and in relation to the construction or alteration by river authorities of impounding works in their areas, the provisions of this Part of this Act shall have effect subject to such exceptions and modifications as may be prescribed by regulations made under this Act.
(2)Any such regulations may in particular provide for securing—
(a)that any licence required by a river authority in relation to the matters mentioned in the preceding subsection shall be granted (or be deemed to be granted) by the Minister and not granted by the river authority;
(b)that, in such cases and subject to such conditions as may be prescribed by the regulations, any licence so required by a river authority shall be deemed to be granted by the Minister unless the Minister requires an application for the licence to be made to him by the river authority; and
(c)that where a licence is deemed to be granted as mentioned in the last preceding paragraph, the river authority shall give such notice of that fact as may be prescribed by the regulations.
(1)Every river authority shall keep, in such manner as may be prescribed by regulations made under this Act, a register containing such information as may be so prescribed with respect to applications made to that authority for the grant, revocation or variation of licences, including information as to the way in which such applications have been dealt with, and also containing such information as may be so prescribed with respect to persons becoming the holders of licences by virtue of section 32 of this Act or regulations made under that section.
(2)Every such register kept by a river authority shall also contain such information as may be prescribed with respect to applications made by the river authority in accordance with regulations made under the last preceding section, and with respect to licences granted or deemed to be granted, and licences revoked or varied, in accordance with regulations made under that section.
(3)Every register kept under this section shall be available for inspection by the public at all reasonable hours.
(1)Any application for a licence under this Act shall be made in such manner as may be prescribed by regulations under this Act, and shall include such particulars, and be verified by such evidence, as may be so prescribed.
(2)Provision may be made by regulations under this Act as to the manner in which applications for the grant, revocation or variation of licences under this Act, and appeals against decisions on such applications, are to be dealt with, including provision requiring the giving of notices of, and information relating to, the making of, or decisions on, such applications or appeals.
(3)Without prejudice to the generality of the last preceding subsection, provision shall be made by regulations under this Act for securing that in such circumstances as may be prescribed, being circumstances in which it appears to the Minister that applications for licences under this Act, other than licences of right, would be of special concern to National Park planning authorities.—
(a)notice of any such application will be given to such one or more National Park planning authorities as may be determined in accordance with the regulations;
(b)the matters to which the river authority or the Minister, as the case may be, is to have regard in dealing with the application will include any representations made by any such National Park planning authority within such period and in such manner as may be prescribed ; and
(c)on any appeal against the decision on the application, notice of the appeal will be served on any National Park planning authority who made representations falling within the last preceding paragraph, and, in determining the appeal, the Minister will take account of any further representations made by such an authority within such period and in such manner as may be prescribed.
In this subsection "National Park planning authority " means a local planning authority whose area consists of or includes the whole or part of a National Park.
(4)Provision may also be made by regulations under this Act as to the form of licences under this Act or of any class of such licences.
(5)Subsections (1) to (4) 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 Part of this Act; and any regulations made under this section shall have effect subject to any such express provision.
(1)The provisions of this section shall have effect where a person (in this section referred to as " the occupier ") is entitled to a protected right (under this Act by virtue of section 26(1)(b) thereof by reason of his being the occupier of such a holding as is mentioned in section 24 (2) of this Act (in this section referred to as " the holding ").
(2)If it appears to the river authority that the occupier is entitled, as against other occupiers of land contiguous to the inland water in question, to abstract water therefrom for use on part of the holding, but is not so entitled to abstract water for use on other parts of the holding.—
(a)the river authority may serve on him a notice in writing specifying the first mentioned part of the holding, and
(b)subject to the following provisions of this section, the notice shall have effect as a determination under this section, and the part specified in the notice shall be the relevant part of the holding for the purposes of the proviso to section 24 (2) of this Act.
(3)Where a notice is served under the last preceding subsection, 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 water in question, to abstract water therefrom 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 time (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 such appeal the court shall determine the matter in dispute, and ether confirm, quash or vary the river authority's notice in accordance with its decision.
(5)Where the court quashes a notice served under subsection (2) of this section, paragraph (b) of that subsection shall not have effect; and where the court varies such a notice, that paragraph shall have effect, but with the substitution, for the reference to the part of the balding specified in the notice, of a reference to the part specified in the notice as varied by the court.
(6)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 water in question, is situated, and " entitled " (except in subsection (1) of this section) means entitled apart from this Act or any other statutory provision.
(1)Where an application for a licence under this Act is made before the end of the initial period, then, until the application has been disposed of, the following provisions of this Part of this Act, that is to say—
(a)if the application is for a licence to abstract water, other than a licence of right, sections 23, 31 and 49 of this Act;
(b)if the application is for a licence of right, those sections and section 26 of this Act; and
(c)if the application is for a licence to obstruct or impede the flow of an inland water by means of impounding works, section 36, subsections (1) and (2) of section 37 and section 49 of this Act,
shall have effect as if the licence had been granted on the date of the application and the provisions of the licence had been in accordance with the proposals contained in the application; and for the purposes of those provisions of this Part of this Act any licence granted on the application shall be treated as not having effect until the application has been disposed of.
(2)Where, in pursuance of an application made (whether before or after the passing of this Act) before the end of the initial period, a statutory provision—
(a)comes into operation after the second appointed day, and
(b)apart from this Act, would authorise a person to do anything which is restricted by section 23 of this Act,
the river authority, on the application of that person, shall grant to him a licence under this Act to abstract water, containing such provisions as appear to the river authority to correspond as nearly as may be to those of that statutory provision.
(3)Sections 27 to 29 and section 54 (3) of this Act shall not have effect with respect to applications made to a river authority under the last preceding subsection, but—
(a)section 34 (3) to (5) and section 41 of this Act shall have effect in relation to any such application, or to an appeal against the decision on such an application, as if it were an application for a licence of right, and
(b)section 50 (2) of this Act shall not apply to any direction given in consequence of such an appeal.
(4)Section 47 of this Act shall not apply to a licence granted in pursuance of an application under subsection (2) of this section.
(5)Subsection (1) of section 31 of this Act shall not afford any defence to an action brought before the end of the relevant transitional period if the licence referred to in that subsection is a licence of right granted to a person as being entitled to if by virtue only of section 33(1)(b) of this Act; and that subsection as applied by subsection (1) of this section shall not afford any defence to such an action if the application in question was made by a person as being entitled to a licence of right by virtue only of the said section 33(1)(b).
In this subsection " the relevant transitional period", in relation to a licence granted by a river authority, means the period beginning with the second appointed day and ending with the coming into operation of a charging scheme prepared by that river authority under Part V of this Act.
(6)No compensation shall be payable under section 46 of this Act in respect of the revocation or variation of a licence of right, if the revocation or variation is for giving effect to the decision of the court in an action in respect of which the last preceding subsection has effect or in any proceedings in consequence of such an action.
(7)For the purposes of this section an application shall be taken to be disposed of on (but not before) the occurrence of whichever of the following events last occurs, that is to say—
(a)on the determination of the application by the river authority, a licence is granted and the provisions of that licence are in accordance with the proposals contained in the application;
(b)on a reference of the application to the Minister under section 38 of this Act, the Minister refuses to grant a licence;
(c)the period (if any) within which the applicant is entitled to give notice of appeal against the decision on the application expires without such a notice having been given;
(d)an appeal against that decision is determined or with drawn ;
(e)in compliance with a direction given by the Minister in consequence of such an appeal or (in the case of an application referred to the Minister under section 38 of this Act) in consequence of a decision of the Minister on the application, the river authority grant, vary or revoke a licence under this Act;
and in this subsection any reference to a decision includes a reference to a decision which is to be treated as having been made by virtue of section 40 of this Act.