C3 Part II Water Resources Management
C1C2C4C5C9C10C11C12C13C14C15 Chapter II ABSTRACTION AND IMPOUNDING
Chapter II of Part II excluded (1.4.1996) by 1995 c. 25, s. 6(3) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3
Chapter II of Part II modified (18.12.1996) by 1996 c. 61, s. 52, Sch. 15 Pt. III para. 11
Pt. II Ch. II modified (22.3.2005) by Midland Metro (Wednesbury to Brierley Hill and Miscellaneous Amendments) Order 2005 (S.I. 2005/927), Sch. 11 para. 11 (with art. 51)
Pt. II Ch. II modified (26.8.2005) by River Tyne (Tunnels) Order 2005 (S.I. 2005/2222), art. 1, Sch. 10 para. 14 (with arts. 45(1), 48, Sch. 10 paras. 21, 29)
Pt. II Ch. II modified (19.3.2007) by Ouseburn Barrage Order 2007 (S.I. 2007/608), art. 1, Sch. 6 para. 18 (with arts. 46-48, Sch. 6 paras. 17(5), 23)
Pt. II Ch. II modified (22.7.2008) by Crossrail Act 2008 (c. 18), Sch. 17 para. 11
Pt. II Ch. II modified (9.6.2009) by Nottingham Express Transit System Order 2009 (S.I. 2009/1300), arts. 1, 71(12) (with Sch. 13 para. 14(2), Sch. 14 para. 19, Sch. 16)
Pt. II Ch. II modified (20.7.2010) by The Network Rail (Nuneaton North Chord) Order 2010 (S.I. 2010/1721), art. 1, Sch. 11 para. 12
Pt. II Ch. II modified (27.8.2010) by The Llangollen and Corwen Railway Order 2010 (S.I. 2010/2136), art. 1(1), Sch. 4 para. 12
Pt. II Ch. II modified (1.9.2010) by The Port of Bristol (Deep Sea Container Terminal) Harbour Revision Order 2010 (S.I. 2010/2020), art. 1(2), Sch. 6 para. 11(1) (with arts. 18, 19)
Pt. II Ch. II modified (1.2.2011) by The River Mersey (Mersey Gateway Bridge) Order 2011 (S.I. 2011/41), art. 1, Sch. 10 para. 41(1) (with art. 51, Sch. 10 paras. 6885)
Applications for a licence
F137 Publication of application for licence.
C8C7C61
The F2appropriate agency shall publish a notice of an application for—
a
a full licence or a transfer licence; or
b
a licence under this Chapter to obstruct or impede the flow of any inland waters by means of impounding works,
in the prescribed way or (if no way is prescribed) in a way calculated to bring the application to the attention of persons who in the F2appropriate agency's view are likely to be affected by the licence.
C8C7C62
Not later than the date on which that notice is first published, the F2appropriate agency shall also serve a copy of it on the persons referred to in subsection (3) below (except the applicant, if the applicant is one of those persons).
3
Those persons are—
a
any water undertaker within whose area any proposed point of abstraction or impounding is situated;
b
any navigation authority, harbour authority or conservancy authority having functions in relation to any inland waters at any such proposed point; and
c
the drainage board for any internal drainage district within which any such proposed point is situated,
but paragraphs (b) and (c) above do not apply if the licence applied for is exclusively for the abstraction of water from a source of supply that does not form part of any inland waters.
4
A notice for the purposes of the preceding provisions of this section shall—
a
be in the prescribed form and shall include any prescribed matters; and
b
state that any person may make representations in writing to the F2appropriate agency with respect to the application at any time before the end of a period specified in the notice.
5
The period referred to in subsection (4)(b) above—
a
begins on the date the notice referred to in subsection (1) above is first published as mentioned there; and
b
shall not end before the end of the period of twenty-eight days beginning with that date.
6
The Secretary of State may make regulations providing for—
a
the requirements of subsection (2) above, or of both subsections (1) and (2) above, not to apply in prescribed cases;
b
notices of applications to exclude prescribed classes of information, either generally or as respects prescribed classes of application.
7
In this section, “proposed point of abstraction or impounding”, in relation to an application for a licence referred to in subsection (1) above, means a place where a licence, if granted in accordance with the application, would authorise—
a
water to be abstracted; or
b
the flow of inland waters to be obstructed or impeded by means of impounding works,
(as the case may be).
8
This section is subject to section 37A below.
Pt. II: transfer of functions to the Environment Agency (1.4.1996) by 1995 c. 25, s. 2(1)(a)(i) (with ss. 115, 117); S.I. 1996/186, art. 3