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3.—(1) Subject to paragraph (2), the provisions of paragraph 28 of the Weir Wood Water Order, 1949 (1), as set out and applied in relation to the Applicant by article 7 of, and the Schedule to, the North West Sussex (Weir Wood) Order, 1960(2), shall have effect with the modification that, in sub-paragraph (a), for the words “one million two hundred thousand gallons during the six months from May to October and eight hundred thousand gallons during the six months from November to April” there shall be substituted “3.6 megalitres”.
(2) The modification made by paragraph (1) shall be subject to the conditions that–
(a)the Applicant shall implement the Environmental Action Plan in accordance with its terms, unless the Environment Agency otherwise agrees in writing; and
(b)before entering upon or occupying and using any land for the purposes of complying with the Environmental Action Plan, the Applicant shall have obtained such rights as may be requisite for the purposes of such entry or occupation and use.
(3) This article also has effect for the purposes of the condition set out in paragraph 6 of the Schedule to the Licence (and the reasons for that condition which are referred to in note 2 to the Licence), as it applies to the Applicant as successor in title to the North West Sussex Water Board(3).
S.I. 1950/37.
S.I. 1960/644.
The Applicant became successor in title to the North West Sussex Water Board by virtue of the Southern Water Authority Constitution Order 1973 (S.I. 1973/1361), section 2 of the Water Act 1973 and the Water Authorities (Successor Companies) Order 1989 (S.I. 1989/1465), made under section 4(2) of the Water Act 1989.
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