C3 Part II Water Resources Management

Annotations:
Modifications etc. (not altering text)
C3

Pt. II: transfer of functions to the Environment Agency (1.4.1996) by 1995 c. 25, s. 2(1)(a)(i) (with ss. 115, 117); S.I. 1996/186, art. 3

C1C2C4 Chapter II ABSTRACTION AND IMPOUNDING

Annotations:
Modifications etc. (not altering text)
C1

Chapter II of Part II excluded (1.4.1996) by 1995 c. 25, s. 6(3) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

C2

Chapter II of Part II modified (18.12.1996) by 1996 c. 61, s. 52, Sch. 15 Pt. III para. 11

Rights to abstract or impound

27AF1Variation of small quantity threshold

1

The Secretary of State may by order made by statutory instrument provide that section 27(1) above is to have effect in relation to—

a

a geographical area; or

b

a class of inland waters; or

c

a class of underground strata; or

d

a class of inland waters or of underground strata within a geographical area,

(in each case as specified in the order) as if for “twenty cubic metres” there were substituted another quantity specified in the order.

2

The Secretary of State shall not make such an order except upon the application of the Agency; but he may direct the Agency to make such an application.

3

Such an order may—

a

make different provision in relation to the different paragraphs in subsection (1) above; and

b

make different provision for different areas, waters or underground strata.

4

Schedule 6 to this Act shall have effect with respect to applications for orders under subsection (1) above and with respect to the making of such orders.

5

An order under subsection (1) above which specifies a greater quantity than the one which previously had effect in relation to the area, waters or strata in question may make provision for a licence to abstract water granted under this Chapter—

a

which is for the time being in force; but

b

which by virtue of the order has become wholly or partly unnecessary,

to cease to have effect, or to cease to have effect to the extent specified in the order.

6

An order under subsection (1) above may include provision for or in relation to the payment by the Agency of compensation, in cases specified in the order, to a person who—

a

immediately before the making of an order under subsection (1) above, had been in a position to carry out an abstraction to which, by virtue of section 27(1) above, the restriction on abstraction did not apply;

b

following the making of that order, requires a licence under this Chapter in order to carry out that abstraction; and

c

has suffered loss or damage as a result of his having been—

i

refused such a licence in respect of that abstraction; or

ii

granted such a licence, but in respect of an abstraction of more limited extent than the one he had been in a position to carry out.

7

Paragraphs (e) and (f) of section 219(2) below apply in relation to orders under subsection (1) above as they apply to regulations made under this Act.

8

A statutory instrument containing an order under subsection (1) above shall be subject to annulment in pursuance of a resolution of either House of Parliament.