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Natural Heritage (Scotland) Act 1991

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This is the original version (as it was originally enacted).

17Licences

(1)A river purification authority may grant a licence for the abstraction of water from inland or ground waters in an area to which a control order applies in favour of and on an application by a person who is, or will be when the licence comes into force, the occupier of land within a control area.

(2)A licence under this section shall remain in force during the period of the calendar year following the year in which the licence is granted; and a control order shall specify the date (referred to in this Part of this Act as the “closing date”) by which applications for such a licence should be made.

(3)A river purification authority, having regard to their duties under this or any other enactment, and after consideration of an application and any objection against it duly made—

(a)may grant a licence either unconditionally or subject to such reasonable conditions as they may impose, which, without prejudice to that generality, may include conditions as to—

(i)the means of abstraction;

(ii)the point of abstraction;

(iii)the amount of water to be abstracted during any period; and

(iv)the periods during which water may be abstracted; or

(b)may refuse to grant a licence and, in that event, the authority shall intimate in writing to the applicant their decision and the reasons therefor.

(4)A licence granted under this section shall specify—

(a)the person to whom the licence has been granted and the waters to which it relates;

(b)the year in respect of which it is to be in force;

(c)the land to be irrigated and the method and purpose of that irrigation; and

(d)any conditions to which it is subject.

(5)Schedule 6 to this Act shall have effect with regard to procedure for the application for a licence under this section, for appeals against a decision regarding such an application and for the variation, revocation and transfer of such licences.

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