SCHEDULE 8 PROCEEDINGS ON APPLICATIONS FOR DROUGHT ORDERS
1
(1)
The applicant for a drought order shall—
(a)
cause notice of the application to be served on the persons specified in the Table set out in sub-paragraph (2) below;
(b)
cause a notice of the application to be published in one or more local newspapers circulating within the area affected by the order; and
(c)
cause a notice of the application to be published in the London Gazette.
(2)
The said Table is as follows—
All orders | (a) The F1Agency (where it is not the applicant).(b) Every local authority (not being F2an English county council) and water undertaker (not being the applicant) whose area would be affected by the order. |
Orders which suspend or modify any enactment or any order or scheme made or confirmed under any enactment. | Such persons (if any) as are specified by name in the enactment, order or scheme as being persons for whose protection it was enacted or made. |
Orders concerning the taking of water from a source or the discharge of water or effluent to a place. | (a) Every local authority (not being F2an English county council) in whose area the source, or the place at which water or effluent is to be discharged, is situated.(b) Every drainage board for an internal district in which the source, or the place at which water or effluent is to be discharged, is situated.(c) Every navigation authority exercising functions over any watercourse affected by the order.(d) If the order concerns any consent relating to the discharge of sewage effluent or trade effluent, the person to whom the consent was given. |
Orders which authorise the carrying out of any works. | (a) Every local authority (not being F2an English county council) within whose area the works are situated.(b) If the order authorises the carrying out of works in, under or over a watercourse, every drainage board for an internal drainage district within which the works, or any part of the works, are situated. |
Orders which authorise the occupation and use of land. | Every owner, lessee and occupier of the land. |
Orders which prohibit or limit the taking of water. | Every named person to whom the prohibition or limitation applies. |
(3)
A notice for the purposes of this paragraph of an application for a drought order—
(a)
shall state the general effect of the application;
(b)
shall specify a place within the area affected by the order where a copy of any relevant map or plan may be inspected by any person free of charge at all reasonable times within a period of seven days from the date on which it is served or, as the case may be, published;
(c)
shall state that objections to the application may be made to the Secretary of State within seven days from the date on which it is served or, as the case may be, published; and
(d)
in the case of an application for an order authorising the occupation and use of land, shall specify the land to which the application relates.
(4)
A notice sent in a letter in pursuance of section 220 of this Act to an address to which it may be sent in pursuance of that section shall not be treated as having been properly served for the purposes of this paragraph unless the sender takes such steps as are for the time being required to secure that the letter is transmitted in priority to letters of other descriptions.