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Water Resources Act 1991

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Changes over time for: Section 48

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Point in time view as at 06/04/2010.

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There are currently no known outstanding effects for the Water Resources Act 1991, Section 48. Help about Changes to Legislation

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 [F1(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

F1Words in s. 48(2) inserted (1.4.2005) by Water Act 2003 (c. 37), ss. 24(2), 105(3) (with s. 24(3)(b)); S.I. 2004/641, art. 5 (with Sch. 3 paras. 4, 7)

Modifications etc. (not altering text)

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