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Part 1 E+W+SAbstraction and impounding

Restrictions on abstraction and impoundingE+W+S

4Existing impounding works: works noticesE+W+S

(1)Without prejudice to the [F1appropriate agency's] power under subsection (2) of section 3, where it appears to [F2the appropriate agency] to be necessary for—

(a)the protection of the environment, or

(b)the performance of its functions in connection with the management of water resources,

[F2the appropriate agency] may serve a works notice on any relevant person with respect to any existing unlicensed impounding works of the kind mentioned in subsection (2) of that section.

(2)For the purposes of subsection (1), a works notice is a notice requiring the person on whom it is served to carry out such works or operations in relation to the impounding works as—

(a)appear to the [F3appropriate agency] to be required for the purposes mentioned in subsection (1)(a) or (b), and

(b)are specified in the notice.

(3)The following provisions of the WRA apply in relation to works notices under this section as they apply in relation to notices referred to in those provisions—

(a)subsections (5) to (9) of section 25A (as inserted by section 30 of this Act), and

(b)sections 161B and 161C,

including any power to make regulations or give directions, but references in those provisions to the Secretary of State shall be treated as references to the appropriate authority.

(4)If a person on whom [F2the appropriate agency] serves a notice under this section fails to comply with any of its requirements, he shall be guilty of an offence.

(5)A person who commits an offence under subsection (4) shall be liable [F4

(a)on summary conviction, to a fine not exceeding £20,000,

(b)on conviction on indictment, to a fine. [F4on summary conviction, or on conviction on indictment, to a fine]]

(6)If a person on whom a works notice has been served under this section fails to comply with any of its requirements, [F2the appropriate agency] may do what that person was required to do and may recover from him any costs or expenses reasonably incurred by [F2the appropriate agency] in doing it.

(7)If [F2the appropriate agency] is of the opinion that proceedings for an offence under subsection (4) would afford an ineffectual remedy against a person who has failed to comply with the requirements of a works notice, [F2the appropriate agency] may take proceedings in the High Court for the purpose of securing compliance with the notice.

(8)In this section, “the appropriate authority”, “existing unlicensed impounding works” and “relevant person” have the meanings given in section 3.