28Transfer of water resourcesE+W
(1)Development relating to the transfer of water resources is within section 14(1)(n) only if—
(a)the development will be carried out in England by one or more water undertakers,
[F1(b)it is expected that—
(i)the deployable output of the facility to be constructed as a result of the development will exceed 80 million litres per day, or
(ii)the additional deployable output of the facility to be altered as a result of the development will exceed 80 million litres per day,]
(c)the development will enable the transfer of water resources—
(i)between river basins in England,
(ii)between water undertakers' areas in England, or
(iii)between a river basin in England and a water undertaker's area in England, and
(d)the development does not relate to the transfer of drinking water.
(2)In this section—
“river basin” means an area of land drained by a river and its tributaries;
“water undertaker” means a company appointed as a water undertaker under the Water Industry Act 1991;
“water undertaker's area” means the area for which a water undertaker is appointed under that Act.
Textual Amendments
F1S. 28(1)(b) substituted (9.1.2019) by The Infrastructure Planning (Water Resources) (England) Order 2019 (S.I. 2019/12), arts. 1(1), 2(4)(b) (with arts. 3-5)
Commencement Information
I1S. 28 in force at 1.1.2018 for E. by S.I. 2017/1078, art. 2(d)