Water Resources Act 1991

53 Modification in pursuance of proposals under section 52. E+W

(1) Subject to the following provisions of this section, where the [F1 Agency] has formulated any proposals under section 52 above with respect to any licence under this Chapter, it may—

(a) if the proposals are for the revocation of the licence, revoke the licence; and

(b) if the proposals are proposals for varying the licence, vary the licence in accordance with those proposals or, with the consent of the holder of the licence, in any other way.

(2) The [F1 Agency] shall not proceed with any proposals formulated under section 52 above before the end of the period specified, in accordance with subsection (7) of that section, for the purposes in relation to those proposals of subsection (6) of that section.

(3) If no notice under subsection (4) below is given to the [F1 Agency] before the end of the period mentioned in subsection (2) above, the [F1 Agency] may proceed with the proposals.

(4) If the holder of the licence gives notice to the [F1 Agency] objecting to the proposals before the end of the period mentioned in subsection (2) above, the [F1 Agency] shall refer the proposals to the Secretary of State, with a copy of the notice of objection.

(5) Where the [F1 Agency] proceeds with any proposals under subsection (3) above and the proposals are proposals for varying the licence, the provisions of sections 38(3), 39(1) and (2) and 40 above shall apply (with the necessary modifications) to any action of the [F1 Agency] in proceeding with the proposals as they apply to the action of the [F1 Agency] in dealing with an application for a licence.

Textual Amendments

F1 Words in s. 53 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