Natural Heritage (Scotland) Act 1991

18 Special provisions for shortage or abundance of water.S

(1)Where by reason of an exceptional shortage of rain or of any unforeseen event having a substantial effect on the availability of water it appears to [F1SEPA] that it is necessary to do so, [F2it] may limit or suspend the operation of any licence under this Part of this Act relating to affected waters.

(2)A limitation or suspension imposed under subsection (1) above shall apply equitably to all licences relating to the affected waters and it shall have effect until [F3SEPA decides] that it is no longer necessary.

(3)Where by reason of an abundance of water it appears to [F4SEPA] that restrictions on the abstraction of water in a control area may be temporarily relaxed or lifted, [F5it] may so declare and shall relax the operation of licences under this Part relating to the affected waters to the extent authorised by the declaration (which shall apply equitably to all such licences).

(4)A relaxation or lifting of restrictions on the abstraction of water, whether under licence or not, shall have effect until [F6SEPA declares] that these restrictions are again to apply.

(5)[F7SEPA] shall communicate any decision taken by [F8it]under this section to the holder of any licence affected by such decision.

Textual Amendments

F1Words in s. 18(1) substituted (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 96(4)(a) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

F3Words in s. 18(2) substituted (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 96(4)(b) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

F4Words in s. 18(3) substituted (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 96(4)(c) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

F6Words in s. 18(4) substituted (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 96(4)(d) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

F7Words in s. 18(5) substituted (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 96(4)(e) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

Commencement Information

I1S. 18 wholly in force at 1.10.1991 see s. 28(2) and S.I. 1991/2187, art. 3, Sch.