The Water Act 2003 (Commencement No. 4, Transitional Provisions and Savings) Order 2005

Aggregated abstractions E+W+S

5.—(1) For the purposes of this paragraph—

(a) “relevant person” means the holder of a licence authorising a licensed relevant abstraction;

(b) “related exempt abstraction” means an abstraction which, immediately before the relevant date—

(i) a relevant person is making or is in a position to make;

(ii) is from the same source of supply as that person’s licensed relevant abstraction;

(iii) forms part of a continuous operation, or of a series of operations, with that licensed relevant abstraction; and

(iv) is an abstraction to which the restriction on abstraction does not apply by virtue of section 27(3) or (5) of the WRA (rights to abstract small quantities); and

(c) “aggregated abstraction” means—

(i) a licensed relevant abstraction and its related exempt abstraction taken together; and

(ii) in relation to which, as from the relevant date, the restriction on abstraction would, but for the remaining provisions of this paragraph, apply.

(2) Any aggregated abstraction shall be treated, before 1st April 2008, as if the amendments made by section 6, so far as it comes into force in accordance with this Order, did not apply to it.

(3) The Agency shall, before 1st April 2008, grant a licence to each person who satisfies the Agency that, immediately before the relevant date, he was making or in a position to make an aggregated abstraction.

(4) The licence shall authorise, with effect from 1st April 2008, the abstraction of a quantity of water not exceeding the quantity capable of being lawfully abstracted by the aggregated abstraction.

(5) Section 43(1)(a) of the WRA (appeals to the Secretary of State) shall have effect in relation to a licence granted in accordance with sub-paragraph (3) as if that licence had been granted on an application to the Agency.