Water Act 1989

4 (1) Sections 12 to 14 of and Schedule 2 to the 1961 Act (contributions to costs of sewering highways etc.) shall cease to have effect.

(2) On and after the transfer date—

(a) appeals under section 60 of the 1961 Act (power to vary conditions); and

(b) applications under section 62 of that Act (power to vary directions),

shall be made to the Director, instead of to the Secretary of State; and, accordingly, references in those provisions and in sections 66 and 68 of that Act to the Secretary of State shall have effect on and after that date, in relation to any such appeal or application, as references to the Director.

(3) Sub-paragraph (4) of paragraph 3 above shall apply with the necessary modifications in relation to an appeal under section 60 of the 1961 Act as it applies in relation to such an appeal or reference as is mentioned in that sub-paragraph.

(4) On and after the transfer date the power under subsection (5) of section 60 of the 1961 Act to give permission for an appeal under that section to be brought more than two months after the giving of a notice of any direction under subsection (1) of that section shall be exercisable only by the Director.

(5) In section 63(1)(a) of the 1961 Act (extension of definition of “trade”), after the words “horticultural purposes” there shall be inserted the words “or for the purposes of fish farming”, and after the word “horticulture” in the words after paragraph (b) there shall be inserted the words “fish farming”.

(6) The provisions of Part XII of the 1936 Act so far as they have effect by virtue of section 1(3) of the 1961 Act in relation to any enactment contained in Part V of the 1961 Act shall so have effect as they have effect, by virtue of the preceding provisions of this Schedule, in relation to the sections specified in paragraph 1(2)(a) above.