The Water Abstraction (Transitional Provisions) (Amendment) (England) Regulations 2019

Statutory Instruments

2019 No. 1455

Water Resources, England

The Water Abstraction (Transitional Provisions) (Amendment) (England) Regulations 2019

Made

at 10.00 a.m. on 5th November 2019

Laid before Parliament

at 5.00 p.m. on 5th November 2019

Coming into force

31st December 2019

The Secretary of State makes the following Regulations in exercise of the powers conferred by sections 34(1) and 219(2)(f) of the Water Resources Act 1991(1) and sections 103(1) and 104(4) and 104(6) of the Water Act 2003(2).

Citation, commencement and application

1.—(1) These Regulations may be cited as the Water Abstraction (Transitional Provisions) (Amendment) (England) Regulations 2019 and come into force on 31st December 2019.

(2) These Regulations apply to England only.

Amendment of the Water Abstraction (Transitional Provisions) Regulations 2017

2.—(1) The Water Abstraction (Transitional Provisions) Regulations 2017(3) are amended as follows.

(2) In regulation 3—

(a) in paragraph (2)(c), for “31st December 2019” substitute “on the transitional period end date”;

(b) after paragraph (2) insert—

“(3) In this Part, “transitional period end date”, in relation to England, means 30th June 2020.”.

(3) In regulations 4(1), 5(1)(b) and 6(b), for “31st December 2019” substitute “the transitional period end date”.

Rebecca Pow

Parliamentary Under Secretary of State

Department for Environment, Food and Rural Affairs

At 10.00 a.m. on 5th November 2019

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Water Abstraction (Transitional Provisions) Regulations 2017 (S.I. 2017/1047) (the “Transitional Regulations”) in England. The Transitional Regulations were made pursuant to amendments made by the Water Act 2003 (c. 37) to the Water Resources Act 1991 (c. 57) (“the 1991 Act”). Those amendments limited or removed certain exemptions from the restriction on abstraction in the 1991 Act. The Transitional Regulations provide a regime whereby certain abstractors who are not currently required to hold a licence to abstract water can obtain a licence. These Regulations extend the deadline by which eligible abstractors in England who wish to continue abstracting must apply for a licence, from 31^st December 2019 to 30^th June 2020.

A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen.

(1)

1991 c. 57. Section 34(1) was amended by paragraph 2 of Schedule 7 to the Water Act 2003 (c. 37). See section 221(1) for the definition of “prescribed”.

(2)

2003 c. 37.

(3)

S.I. 2017/1047, to which there are amendments not relevant to these Regulations.