Water Act 2003 Explanatory Notes

Sections 21 to 22 Modification of licences
73. .Section 21: Modification of licences.

At present the EA is under a duty to revoke an impounding licence at the request of the holder, who can thereby avoid any conditions attached to the licence that impose continuing obligations. The section changes the Agency’s duty to revoke to a power and allows the revocation of an impounding licence to be made conditional on removal of the works or restoration of the site to the Agency’s satisfaction.

74.Provisions in this section are devolved to the Assembly.

75. .Section 22: Proposals for modification at instance of Agency or Secretary of State.

This ensures that the EA is able to vary impounding licences in a way that requires that the impounding works themselves are modified as necessary. Specific publication and notification arrangements for licence modification proposals are removed from the primary legislation.

76.Provisions in this section are devolved to the Assembly.

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