xmlns:atom="http://www.w3.org/2005/Atom" xmlns:atom="http://www.w3.org/2005/Atom"

SCHEDULES

SCHEDULE 3E+W+S Certificates as Respects Planning Permission and Grant of Statutory Licences to Abstract Water

Certificates as respects statutory licences to abstract waterE+W+S

4(1)At any time after an application has been made for the consent of [F1the Secretary of State] to the carrying out of any controlled operations for which a statutory licence to abstract water is required but has not been granted any person concerned may [F2[F3apply to the appropriate agency for a] certificate under this Schedule as respects those controlled operations.]E+W+S

(2)[F4Where such an application is [F5made, the appropriate agency shall]] issue to the applicant a certificate stating that the statutory licence to abstract water required for the carrying out of the controlled operations could, or could not, reasonably have been expected to have been granted if the land had not been comprised in the storage area or protective area.

(3)[F6Where, in the opinion [F7of the appropriate agency, a statutory]] licence to abstract water might reasonably have been expected to be granted but would only have been granted subject to conditions, limitations or restrictions, the certificate shall specify those conditions, limitations or restrictions in addition to the other matters required to be contained in the certificate.

(4)[F8[F9On issuing the certificate, the appropriate agency] shall] serve a copy of the certificate on the gas authority.

Textual Amendments

F1Words substituted by virtue of S.I. 1969/1498, arts. 2(1), 5(6), 1970/1537, arts. 2(2), 7(4) and 1974/692, arts. 2(3), 5(3)

F2Words from “apply to the National Rivers Authority” to “operations.” substituted (E.W.) for the words from “apply to the river authority” to “operations” by Water Act 1989 (c. 15, SIF 130), s. 190(1), Sch. 25 para. 32(7)(a)(i) (with ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 163, 189(4)–(10), 190, 193(1), Sch. 26 paras. 3(1)(2), 17, 40(4), 57(6), 58.

F4Words from “Where” to “the National Rivers Authority shall” substituted (E.W.) for words from “Where” to “the river authority shall” by Water Act 1989 (c. 15, SIF 130), s. 190(1) Sch. 25, para. 32(7)(a)(ii) (with ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 163, 189(4)–(10), 190, 193(1), Sch. 26 paras. 3(1)(2), 17, 40(4), 57(6), 58.

F6Words “Where, in the opinion of the National Rivers Authority, a statutory” substituted (E.W.) for words from “Where” to “statutory” by Water Act 1989 (c. 15, SIF 130), s. 190(1) Sch. 25, para. 32(7)(a)(iii) (with ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 163, 189(4)–(10), 190, 193(1), Sch. 26 paras. 3(1)(2), 17, 40(4), 57(6), 58.

F8Words “On issuing the certificate, the National Rivers Authority shall” substituted (E.W.) for words “On issuing the certificate, the river authority shall” by Water Act 1989 (c. 15, SIF 130), s. 190(1) Sch. 25, para. 32(7)(a)(iv) (with ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 163, 189(4)–(10), 190, 193(1), Sch. 26 paras. 3(1)(2), 17, 40(4), 57(6), 58.

5(1)[F10[F11Where the appropriate agency] has issued] a certificate under this Schedule, the applicant for the certificate or the gas authority may appeal to the Minister concerned with water resources against the certificate.E+W+S

(2)On the appeal the said Minister shall consider the matters to which the certificate relates as if the application for the certificate had been made to him in the first instance, and shall either confirm the certificate, or vary it, or cancel it and issue a different certificate in its place, as he may consider appropriate.

(3)Before determining any such appeal the said Minister shall, if the applicant or the [F12public gas supplier] so desires, afford to them [F13[F14and to the appropriate agency an] opportunity] of appearing before and being heard by a person appointed by that Minister for the purpose.

(4)[F15Where an application is [F16made to the appropriate agency for a] certificate under this Schedule and at the expiry of any period prescribed by regulations under this Schedule (or if an extended period is at any time agreed upon in writing by the [F17applicant and the appropriate agency, at the end] of that period) no certificate has been [F18issued by the appropriate agency in accordance] with this Schedule, the foregoing provisions of this paragraph shall apply [F19as if the appropriate agency had issued]] a certificate under this Schedule stating that the statutory licence to abstract water required for the carrying out of the controlled operations could not reasonably have been expected to be granted.

Textual Amendments

F10Words “Where the National Rivers Authority has issued” substituted (E.W.) for words “Where the river authority have issued” by Water Act 1989 (c. 15, SIF 130), s. 190(1) Sch. 25, para. 32(7)(b)(i) (with ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 163, 189(4)–(10), 190, 193(1), Sch. 26 paras. 3(1)(2), 17, 40(4), 57(6), 58.

F13Words “and to the National Rivers Authority an opportunity” substituted (E.W.) for words “and to the river authority an opportunity” by Water Act 1989 (c. 15, SIF 130), s. 190(1) Sch. 25, para. 32(7)(b)(ii) (with ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 163, 189(4)–(10), 190, 193(1), Sch. 26 paras. 3(1)(2), 17, 40(4), 57(6), 58.

F15Words from “Where” to “the National Rivers Authority had issued” substituted (E.W.) for the words from “Where” to “the river authority issued” by Water Act 1989 (c. 15, SIF 130), s. 190(1) Sch. 25, para. 32(7)(b)(iii) (with ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 163, 189(4)–(10), 190, 193(1), Sch. 26 paras. 3(1)(2), 17, 40(4), 57(6), 58.

6E+W+SIn entertaining an application under paragraph 4 of this Schedule, or any appeal under [F20paragraph 5 of this Schedule, the appropriate agency or as] the case may be the minister concerned with water resources shall, in coming to a decision, apply the principles which would have been applied if the application or the appeal had been an application for a licence under Part IV of the M1Water Resources Act 1963, or an appeal against a refusal of such a licence, as the case may be.

Textual Amendments

Marginal Citations