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Water Act 1989

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This is the original version (as it was originally enacted).

30(1)Subject to the following provisions of this paragraph, where a person—

(a)has, in pursuance of section 24(2) or (3) of the 1963 Act, abstracted water from a source of supply at any time within the period of five years ending with the transfer date; and

(b)establishes to the reasonable satisfaction of the Authority, on an application made at any time before the coming into force of the amendment made by sub-paragraph (3) or (4) of paragraph 6 of Schedule 13 to this Act, that his requirements involve such abstractions of water after the coming into force of that amendment from that source of supply as are required to be licensed under that Act by reason only of that amendment,

that person shall be entitled to the grant by the Authority of such a licence under the 1963 Act as will authorise those abstractions.

(2)Subject to the following provisions of this paragraph, any quantity specified in a licence granted by virtue of this paragraph as a quantity of water authorised to be abstracted in pursuance of the licence during a period or periods so specified shall be determined by reference to the requirements of the applicant.

(3)For the purposes of sub-paragraphs (1) and (2) above the requirements of an applicant for the grant by virtue of this paragraph of a licence under the 1963 Act shall be those indicated by (and shall not, except by virtue of sub-paragraph (4) below, be taken to exceed) the quantities of water established to the reasonable satisfaction of the Authority—

(a)to have been abstracted, in pursuance of section 24(2) or (3) of the 1963 Act, from the source of supply in question by the applicant, or any of his predecessors, from time to time during the relevant period; and

(b)to have been so abstracted for use on the land on which, and for the purposes for which, water abstracted in pursuance of the licence is authorised by the licence to be used.

(4)In determining any person’s requirements for the purposes of sub-paragraph (1) or (2) above or the period or other terms to be specified in a licence granted by virtue of this paragraph the Authority shall have regard to such of the following matters as are established to its reasonable satisfaction (in addition to the quantities of water established to have been abstracted as mentioned in sub-paragraph (3) above), that is to say—

(a)the provisions of any local statutory provision or agreement in accordance with which those quantities of water have been abstracted as so mentioned during the relevant period;

(b)any variations according to the seasons of the year in the quantities of water abstracted as so mentioned during the relevant period;

(c)the extent to which the abstraction of water has been or would have been limited during the relevant period to special occasions when, by reason of accident or other emergency, there was a temporary deficiency of water from other sources of supply;

(d)the extent to which works, machinery or apparatus were reasonably provided by the applicant or any of his predecessors in anticipation of future requirements.

(5)Any provision made by a licence granted by virtue of this paragraph as to the quantity of water authorised to be abstracted shall be such as will not permit the abstraction of water in excess of the quantity established to the reasonable satisfaction of the Authority to be capable of being abstracted by means of works, machinery or apparatus which—

(a)were constructed or installed before the transfer date; or

(b)were in the course of being constructed or installed on that date,

not being (in either case) works, machinery or apparatus provided for use only in the event of an accident or other emergency involving a total or partial failure of other works, machinery or apparatus.

(6)Nothing in—

(a)sections 27 to 29 or 38 of the 1963 Act (applications for licences);

(b)any regulations under section 54(3) of that Act (applications in respect of National Parks); or

(c)section 131(2) of that Act (applications by the British Waterways Board),

shall apply in relation to an application for the grant of a licence by virtue of this paragraph; but, save as aforesaid and subject to the following provisions of this Part of this Schedule, that Act shall have effect as if such an application were an application under that Act.

(7)The preceding provisions of this paragraph, and not section 41(5) of the 1963 Act (procedure on appeal to the Secretary of State), shall apply, as they apply in relation to an application to the Authority for the grant of a licence by virtue of this paragraph, in relation to an appeal under section 39 of that Act in respect of a decision on such an application; but in their application in relation to any such appeal the preceding provisions of this paragraph shall have effect as if in those provisions—

(a)references to the Authority were references to the Secretary of State; and

(b)the requirement in sub-paragraph (1)(b) above as to the period within which an application must be made applied to the application the decision on which is the subject-matter of the appeal (rather than to the appeal itself).

(8)Nothing in—

(a)section 46(3) of the 1963 Act (compensation for revocation or variation confined to work carried out after grant of licence); or

(b)section 47 of that Act (application by owner of fishing rights for revocation or variation of licence),

shall apply in relation to a licence granted by virtue of this paragraph; but, save as aforesaid and subject to sub-paragraphs (6) and (7) above and the following provisions of this Part of this Schedule, that Act shall apply in relation to any such licence as it applies in relation to any other licence under that Act.

(9)For the purposes of this paragraph water abstracted by the former incumbent of a benefice (within the meaning of section 132 of the 1963 Act) shall be treated as having been abstracted by the person who is for the time being the incumbent thereof or, if the benefice is vacant, by the Church Commissioners.

(10)No application for the grant of a licence by virtue of this paragraph shall be made in respect of any abstraction which is the subject of such a contract of sale as is mentioned in paragraph 31 below; and no licence may be granted by virtue of this paragraph in relation to any waters to which section 131 of the 1963 Act (waters owned or managed by the British Waterways Board) applies unless—

(a)the application for the licence was accompanied by the prescribed evidence that notice of the application was served on the British Waterways Board; and

(b)the Authority has considered any representations or objections made by that Board within the period of twenty-eight days beginning with the day on which the application was made or such longer period as the Authority may allow.

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