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Changes over time for: Section 48
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Llinell Amser Newidiadau
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Status:
Point in time view as at 06/04/2010.
Changes to legislation:
There are currently no known outstanding effects for the Water Resources Act 1991, Section 48.
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Changes to Legislation
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48 General effect of licence.E+W
(1)For the purposes of this Chapter a person who is for the time being the holder of a licence under this Chapter to abstract water shall be taken to have a right to abstract water to the extent authorised by the licence and in accordance with the provisions contained in it.
(2)In any action brought against a person in respect of the abstraction of water from a source of supply [(other than an abstraction in respect of which a claim could be brought under section 48A below, in which case that section shall apply) ] , it shall be a defence, subject to paragraph 2 of Schedule 7 to this Act, for him to prove—
(a)that the water was abstracted in pursuance of a licence under this Chapter; and
(b)that the provisions of the licence were complied with.
(3)In any action brought against a person in respect of any obstruction or impeding of the flow of any inland waters at any point by means of impounding works, it shall be a defence for him to prove—
(a)that the flow was so obstructed or impeded in pursuance of a licence under this Chapter;
(b)that the obstructing or impeding was in the manner specified in that licence and to an extent not exceeding the extent so specified; and
(c)that the other requirements of the licence (if any) were complied with.
(4)Nothing in subsection (2) or (3) above shall exonerate a person from any action for negligence or breach of contract.
Textual Amendments
Modifications etc. (not altering text)
Yn ôl i’r brig