Water Resources Act 1963

36 General restriction on impounding works

(1) Subject to the following provisions of this section, no person shall after the end of the initial period begin, or cause or permit any other person to begin, to construct or alter any impounding works at any point in an inland water in a river authority area (not being an inland water falling within section 2 (3) of this Act) unless—

(a) a licence under this Act granted by the river authority to obstruct or impede the flow of that inland water at that point by means of impounding works is in force, and

(b) the impounding works will not obstruct or impede the flow of the inland water except to the extent, and in the manner, authorised by the licence, and

(c) any other requirements of the licence, whether as to the provision of compensation water or otherwise, are complied with.

(2) The restriction imposed by the preceding subsection does not apply to the construction or alteration 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 water resulting from the construction or alteration of the works,

is authorised (in whatsoever terms, and whether expressly or by implication) by virtue of an alternative statutory provision which is for the time being in force.

(3) In the last preceding subsection " alternative statutory provision " means a statutory provision which is not contained in, or made or issued under, this Act or the Water Act 1958, and is or was passed, made or issued ether—

(a) before the end of the initial period, whether before or after the passing of this Act, or

(b) after the end of that period, but in pursuance of an application made to the Minister before the end of that period, whether before or after the passing of this Act.

(4) The restriction imposed by subsection (1) of this section does not apply to the construction or alteration 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.

(5) Subject to subsections (2) to (4) of this section, and to the provisions of Part X of this Act with respect to the Water Act 1958, the restriction imposed by subsection (1) of this section shall have effect notwithstanding anything in any other enactment contained in any Act passed before the passing of this Act or in any statutory provision made or issued, whether before or after the passing of this Act, by virtue of such an enactment.

(6) In this Part of this Act " impounding works" means ether of the following, that is to say—

(a) any dam, weir or other works in an inland water whereby water may be impounded, and

(b) any works for diverting the flow of an inland water in connection with the construction or alteration of any dam, weir or other works falling within the preceding paragraph,

and in section 26(2) of this Act the first and second references to abstracting water shall be construed as including references to obstructing or impeding the flow of an inland water by means of impounding works.