Part 1Abstraction and impounding

Claims and compensation

I127Withdrawal of compensation for certain revocations and variations

1

This section applies where—

a

a licence to abstract water is revoked or varied on or after 15th July 2012 in pursuance of a direction under section 54 or 56 of the WRA (which provide for the Secretary of State to direct the F1appropriate agency to revoke or vary a licence in certain circumstances);

b

the licence was granted before the coming into force of section 19 of this Act;

c

the licence is one which is expressed to remain in force until revoked; and

d

the ground for revoking or varying the licence is that the Secretary of State is satisfied that the revocation or variation is necessary in order to protect from serious damage—

i

any inland waters,

ii

any water contained in underground strata,

iii

any underground strata themselves,

or any flora or fauna dependent on any of them.

2

Where this section applies, no compensation is payable under section 61 of the WRA in respect of the revocation or variation of the licence.

3

Expressions used in sub-paragraphs (i), (ii) and (iii) of subsection (1)(d) are to be construed in accordance with section 221 of the WRA; and “waters”, in relation to a lake, pond, river or watercourse which is for the time being dry, includes its bottom, channel or bed.

F24

This section does not apply in respect of a licence revoked or varied on or after 1 January 2028 if the licence is a “relevant licence” within the meaning of section 61ZA of the Water Resources Act 1991.