Version Superseded: 01/04/2005
Point in time view as at 01/12/1991. This version of this provision has been superseded.
There are outstanding changes not yet made by the legislation.gov.uk editorial team to Water Resources Act 1991. Any changes that have already been made by the team appear in the content and are referenced with annotations.
(1)For the purposes of this Chapter a person who is for the time being the holder of a licence under this Chapter to abstract water shall be taken to have a right to abstract water to the extent authorised by the licence and in accordance with the provisions contained in it.
(2)In any action brought against a person in respect of the abstraction of water from a source of supply, it shall be a defence, subject to paragraph 2 of Schedule 7 to this Act, for him to prove—
(a)that the water was abstracted in pursuance of a licence under this Chapter; and
(b)that the provisions of the licence were complied with.
(3)In any action brought against a person in respect of any obstruction or impeding of the flow of any inland waters at any point by means of impounding works, it shall be a defence for him to prove—
(a)that the flow was so obstructed or impeded in pursuance of a licence under this Chapter;
(b)that the obstructing or impeding was in the manner specified in that licence and to an extent not exceeding the extent so specified; and
(c)that the other requirements of the licence (if any) were complied with.
(4)Nothing in subsection (2) or (3) above shall exonerate a person from any action for negligence or breach of contract.
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