Natural Heritage (Scotland) Act 1991

17 Licences

(1) A river purification authority may grant a licence for the abstraction of water from inland or ground waters in an area to which a control order applies in favour of and on an application by a person who is, or will be when the licence comes into force, the occupier of land within a control area.

(2) A licence under this section shall remain in force during the period of the calendar year following the year in which the licence is granted; and a control order shall specify the date (referred to in this Part of this Act as the “closing date”) by which applications for such a licence should be made.

(3) A river purification authority, having regard to their duties under this or any other enactment, and after consideration of an application and any objection against it duly made—

(a) may grant a licence either unconditionally or subject to such reasonable conditions as they may impose, which, without prejudice to that generality, may include conditions as to—

(i) the means of abstraction;

(ii) the point of abstraction;

(iii) the amount of water to be abstracted during any period; and

(iv) the periods during which water may be abstracted; or

(b) may refuse to grant a licence and, in that event, the authority shall intimate in writing to the applicant their decision and the reasons therefor.

(4) A licence granted under this section shall specify—

(a) the person to whom the licence has been granted and the waters to which it relates;

(b) the year in respect of which it is to be in force;

(c) the land to be irrigated and the method and purpose of that irrigation; and

(d) any conditions to which it is subject.

(5) Schedule 6 to this Act shall have effect with regard to procedure for the application for a licence under this section, for appeals against a decision regarding such an application and for the variation, revocation and transfer of such licences.