Part 3Nationally significant infrastructure projects
Water
28Transfer of water resources
(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 F1, or by a person appointed by, one or more water undertakers,
F2(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.
F3(3)
In this section, the reference to “a person appointed by” a water undertaker includes a person whose bid is accepted by a water undertaker under regulation 6(6) of the Water Industry (Specified Infrastructure Projects) (English Undertakers) Regulations 2013 (S.I. 2013/1582) and is designated as an Infrastructure Provider under regulation 8 of those Regulations.