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Part IIE+W Water Resources Management

Modifications etc. (not altering text)

C1Pt. 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

chapter IIE+W ABSTRACTION AND IMPOUNDING

Modifications etc. (not altering text)

C2Chapter 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

C3Chapter II of Part II modified (18.12.1996) by 1996 c. 61, s. 52, Sch. 15 Pt. III para. 11

Rights to abstract or impoundE+W

30 Notices with respect to borings not requiring licences.E+W

(1)Where any person—

(a)proposes to construct a well, borehole or other work which is to be used solely for the purpose of abstracting, to the extent necessary to prevent interference with the carrying out or operation of any underground works, water contained in underground strata; or

(b)proposes to extend any such well, borehole or other work,

he shall, before he begins to construct or extend the work, give to the [F1Agency] a notice of his intention in the prescribed form.

(2)Where a notice under subsection (1) above is given to the [F1Agency] by any person, the [F1Agency] may (subject to section 31 below) by notice to that person require him, in connection with the construction, extension or use of the work to which that person’s notice relates, to take such reasonable measures for conserving water as are specified in the notice.

(3)The measures that may be specified in a notice under subsection (2) above shall be measures which, in the opinion of the [F1Agency], will not interfere with the protection of the underground works in question.

(4)Any person who contravenes subsection (1) above or fails to comply with a notice under subsection (2) above shall be guilty of an offence and liable—

(a)on summary conviction, to a fine not exceeding the statutory maximum;

(b)on conviction on indictment, to a fine.

Textual Amendments

F1Words in s. 30 substituted (subject to other provisions of the amending Act) (1.4.1996) by 1995 c. 25, s. 120, Sch. 22 para. 128, (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

Modifications etc. (not altering text)

C4S. 30 restricted (18.12.1996) by 1996 c. 61, s. 52, Sch. 15 Pt. III para. 11