Part 1

Abstraction and impounding

Claims and compensation

Withdrawal of compensation for certain revocations and variations
27
1
This section applies where—
a
a licence to abstract water is revoked or varied on or after 15th July 2012 in pursuance of a direction under section 54 or 56 of the WRA (which provide for the Secretary of State to direct the appropriate agency to revoke or vary a licence in certain circumstances);
b
the licence was granted before the coming into force of section 19 of this Act;
c
the licence is one which is expressed to remain in force until revoked; and
d
the ground for revoking or varying the licence is that the Secretary of State is satisfied that the revocation or variation is necessary in order to protect from serious damage—
i
any inland waters,
ii
any water contained in underground strata,
iii
any underground strata themselves,
or any flora or fauna dependent on any of them.
2
Where this section applies, no compensation is payable under section 61 of the WRA in respect of the revocation or variation of the licence.
3
Expressions used in sub-paragraphs (i), (ii) and (iii) of subsection (1)(d) are to be construed in accordance with section 221 of the WRA; and “waters”, in relation to a lake, pond, river or watercourse which is for the time being dry, includes its bottom, channel or bed.
4
This section does not apply in respect of a licence revoked or varied on or after 1 January 2028 if the licence is a “relevant licence” within the meaning of section 61ZA of the Water Resources Act 1991.
S. 27 in force at 1.4.2004 by S.I. 2004/641, art. 3(i) (with Sch. 3 para. 7)
Words in s. 27(1)(a) substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (No. 755), art. 1(2), Sch. 2 para. 419 (with Sch. 7)
S. 27(4) inserted (9.1.2022) by Environment Act 2021 (c. 30), ss. 88(2), 147(2)(k) (with s. 144)