Water Act 2003

27 Withdrawal of compensation for certain revocations and variations E+W+S

(1) This section applies where—

(a) a licence to abstract water is revoked or varied on or after 15th July 2012 in pursuance of a direction under section 54 or 56 of the WRA (which provide for the Secretary of State to direct the [F1 appropriate agency] to revoke or vary a licence in certain circumstances);

(b) the licence was granted before the coming into force of section 19 of this Act;

(c) the licence is one which is expressed to remain in force until revoked; and

(d) the ground for revoking or varying the licence is that the Secretary of State is satisfied that the revocation or variation is necessary in order to protect from serious damage—

(i) any inland waters,

(ii) any water contained in underground strata,

(iii) any underground strata themselves,

or any flora or fauna dependent on any of them.

(2) Where this section applies, no compensation is payable under section 61 of the WRA in respect of the revocation or variation of the licence.

(3) Expressions used in sub-paragraphs (i), (ii) and (iii) of subsection (1)(d) are to be construed in accordance with section 221 of the WRA; and “waters”, in relation to a lake, pond, river or watercourse which is for the time being dry, includes its bottom, channel or bed.

[F2 (4) This section does not apply in respect of a licence revoked or varied on or after 1 January 2028 if the licence is a “relevant licence” within the meaning of section 61ZA of the Water Resources Act 1991.]

Textual Amendments

F1 Words in s. 27(1)(a) substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (No. 755), art. 1(2), Sch. 2 para. 419 (with Sch. 7)

F2 S. 27(4) inserted (9.1.2022) by Environment Act 2021 (c. 30), ss. 88(2), 147(2)(k) (with s. 144)

Commencement Information

I1 S. 27 in force at 1.4.2004 by S.I. 2004/641, art. 3(i) (with Sch. 3 para. 7)