Modifications etc. (not altering text)
C1Pt. 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
Modifications etc. (not altering text)
C2Chapter 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
C3Chapter II of Part II modified (18.12.1996) by 1996 c. 61, s. 52, Sch. 15 Pt. III para. 11
C4Pt. 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)
C5Pt. 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)
C6Pt. 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)
C7Pt. II Ch. II modified (22.7.2008) by Crossrail Act 2008 (c. 18), Sch. 17 para. 11
C8Pt. 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)
C9Pt. 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
C10Pt. 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
C11Pt. 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)
C12Pt. 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)
(1)In this Chapter—
“derogate”, in relation to a protected right, shall be construed in accordance with section 39(4) above;
“flow” shall be construed subject to section 23(3) above;
[F1“full licence” has the meaning given in section 24A above;]
“impounding works” has the meaning given by section 25(8) above;
“licence”, in relation to the variation or revocation of a licence, shall be construed subject to section 25(6) and (7) above;
“protected right” shall be construed in accordance with [F2section 39A] above;
“the restriction on abstraction” means the restriction imposed by section 24(1) above;
“the restriction on impounding works” means the restriction imposed by section [F325(1)(a) and (b)] above;
“spray irrigation” means (subject to subsection (5) below) the irrigation of land or plants (including seeds) by means of water or other liquid emerging (in whatever form) from apparatus designed or adapted to eject liquid into the air in the form of jets or spray; and
“statutory provision” means a provision (whether of a general or special nature) which is contained in, or in any document made or issued under, any Act (whether of a general or special nature).
[F1“temporary licence” and “transfer licence” have the meanings given in section 24A above.]
(2)References in this Chapter to a watercourse shall not include references—
(a)to any sewer or part of a sewer vested in—
(i)a sewerage undertaker;
(ii)a local authority or joint planning board;
(iii)the [F4new towns residuary body] or a development corporation for a new town;
(iv)a harbour board within the meaning of the M1Railway and Canal Traffic Act 1888;
or
(b)to any adit or passage constructed in connection with a well, borehole or other similar work for facilitating the collection of water in the well, borehole or work.
[F5(2A)In subsection (2)(a)(iii) “new towns residuary body” means—
(a)in relation to England, the Homes and Communities Agency so far as exercising functions in relation to anything transferred (or to be transferred) to it as mentioned in section 52(1)(a) to (d) of the Housing and Regeneration Act 2008 [F6or the Greater London Authority so far as exercising its new towns and urban development functions]; and
(b)in relation to Wales, the Welsh Ministers so far as exercising functions in relation to anything transferred (or to be transferred) to them as mentioned in section 36(1)(a)(i) to (iii) of the New Towns Act 1981.]
(3)Any reference in this Chapter to the doing of anything in pursuance of a licence under this Chapter is a reference to its being done—
(a)by the holder of such a licence; or
(b)by a person acting as a servant or agent of, or otherwise under the authority of, the holder of such a licence,
at a time when the licence is in force and in circumstances such that, if no such licence were in force, the doing of that thing would contravene a restriction imposed by this Chapter.
(4)For the purposes of this Chapter land shall be taken to be contiguous to any inland waters notwithstanding that it is separated from those waters by a towpath or by any other land used, or acquired for use, in connection with the navigation of the inland waters, unless that other land comprises any building or works other than a lock, pier, wharf, landing-stage or similar works.
(5)The Ministers may by order direct that references to spray irrigation in this Chapter, and in any other enactments in which “spray irrigation” is given the same meaning as in this Chapter, or such of those references as may be specified in the order—
(a)shall be construed as not including spray irrigation if carried out by such methods or in such circumstances or for such purposes as may be specified in the order; and
(b)without prejudice to the exercise of the power conferred by virtue of paragraph (a) above, shall be construed as including references to the carrying out, by such methods or in such circumstances or for such purposes as may be specified in the order, of irrigation of any such description, other than spray irrigation, as may be so specified.
(6)The power of the Ministers to make an order under subsection (5) above shall be exercisable by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.
Textual Amendments
F1Words in s. 72(1) inserted (1.4.2006) by Water Act 2003 (c. 37), ss. 1(2), 105(3); S.I. 2006/984, art. 2(a) (with Sch. paras. 1, 2)
F2Words in s. 72(1) substituted (1.4.2005) by Water Act 2003 (c. 37), ss. 17(2), 105(3); S.I. 2005/968, art. 2(d) (with Sch. 1 para. 2)
F3Words in s. 72(1) substituted (1.4.2006) by Water Act 2003 (c. 37), ss. 2(9), 105(3) (with s. 2(10)); S.I. 2006/984, art. 2(b) (with Sch. para. 2)
F4Words in s. 72(2)(a)(iii) substituted (1.12.2008) by Housing and Regeneration Act 2008 (c. 17), s. 325(1), Sch. 8 para. 60(2); S.I. 2008/3068, art. 2(1)(w)(3) (with arts. 6-13)
F5S. 72(2A) inserted (1.12.2008) by Housing and Regeneration Act 2008 (c. 17), s. 325(1), Sch. 8 para. 60(3); S.I. 2008/3068, art. 2(1)(w)(3) (with arts. 6-13)
F6Words in s. 72(2A) inserted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 19 para. 30; S.I. 2012/628, art. 6(i) (with arts. 9, 11, 14, 15, 17)
Modifications etc. (not altering text)
C13S. 72(2)(a) applied (with modifications) (4.6.1996) by S.I. 1996/1243, art. 18, Sch. 5 Pt. II para. 6(2)(a)
Marginal Citations