Water Resources Act 1991

38 General consideration of applications. E+W

(1) The [F1 Agency] shall not determine any application for a licence under this Chapter before the end of the period specified for the purposes of the application in accordance with section 37(5) above.

(2) Subject to the following provisions of this Chapter, on any application to the [F1 Agency] for a licence under this Chapter, the [F1 Agency]—

(a) may grant a licence containing such provisions as the [F1 Agency] considers appropriate; or

(b) if, having regard to the provisions of this Chapter, the [F1 Agency] considers it necessary or expedient to do so, may refuse to grant a licence.

(3) Without prejudice to section 39(1) below, the [F1 Agency], in dealing with any application for a licence under this Chapter, shall have regard to—

(a) any representations in writing relating to the application which are received by the [F1 Agency] before the end of the period mentioned in subsection (1) above; and

(b) the requirements of the applicant, in so far as they appear to the [F1 Agency] to be reasonable requirements.

Textual Amendments

F1 Words in s. 38 substituted (subject to other provisions of the amending Act) (1.4.1996) by 1995 c. 25, s. 120, Sch. 22 para. 128 (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3