Water Resources Act 1991

64 Abstracting and impounding by the [F1 appropriate agency]. E+W

(1) The provisions of this Chapter shall have effect—

(a) in relation to the abstraction of water by the [F1 appropriate agency] from sources of supply; and

[F2 (b) in relation to—

(i) the construction or alteration by the [F1 appropriate agency] of impounding works; and

(ii) the obstruction or impeding by the [F1 appropriate agency] of the flow of inland waters by means of impounding works,]

subject to such exceptions and modifications as may be prescribed.

(2) Regulations under this section may, in particular, provide for securing—

(a) that any licence required by the [F1 appropriate agency] in relation to the matters mentioned in subsection (1) above shall be granted (or be deemed to be granted) by the Secretary of State, and not be granted by the [F1 appropriate agency];

(b) that, in such cases and subject to such conditions as may be prescribed, any licence so required by the [F1 appropriate agency] shall be deemed to be granted by the Secretary of State unless the Secretary of State requires an application for the licence to be made to him by the [F1 appropriate agency]; and

(c) that where a licence is deemed to be granted as mentioned in paragraph (b) above, the [F1 appropriate agency] shall give such notice of that fact as may be prescribed.

(3) Without prejudice to the preceding provisions of this section, section 52 above shall not apply in relation to any licence which by virtue of any regulations under this section is granted or deemed to have been granted by the Secretary of State, except in accordance with regulations under this section.

Textual Amendments

F1 Words in s. 64 and heading substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 270(k) (with Sch. 7)

F2 S. 64(1)(b) substituted (1.4.2006) by Water Act 2003 (c. 37), ss. 2(7), 105(3) (with s. 2(10)); S.I. 2006/984, art. 2(b) (with Sch. para. 2)