61ZANo compensation where modification to protect environment: England

1

This section applies where—

a

a relevant licence is revoked or varied on or after 1 January 2028 in pursuance of a direction under section 54 or 56, and

b

the ground for revoking or varying the licence is that the Secretary of State is satisfied the revocation or variation is necessary—

i

having regard to a relevant environmental objective, or

ii

to otherwise protect the water environment from damage.

2

A “relevant licence” is a licence to abstract water that—

a

is to abstract water in England only, and

b

is to remain in force until revoked.

3

Where this section applies, no compensation is payable under section 61 in respect of the revocation or variation of the licence.

4

In this section the “water environment” means—

a

any inland waters (including, in relation to a lake, pond, river or watercourse that is for the time being dry, its bottom, channel or bed),

b

any water contained in underground strata,

c

any underground strata themselves,

or any flora or fauna dependent on any of them.

5

In this section “relevant environmental objective” means an environmental objective within the meaning of whichever of the following is applicable—

a

the Water Environment (Water Framework Directive) (England and Wales) Regulations 2017 (S.I. 2017/407);

b

the Water Environment (Water Framework Directive) (Solway Tweed River Basin District) Regulations 2004 (S.I. 2004/99);

c

the Water Environment (Water Framework Directive) (Northumbria River Basin District) Regulations 2003 (S.I. 2003/3245).

61ZBNo compensation where variation to remove excess headroom: England

1

This section applies if a relevant licence is varied in pursuance of a direction under section 54 on or after 1 January 2028 so as to reduce the quantity of water the holder is authorised to abstract.

2

A “relevant licence” is a licence to abstract water that—

a

is to abstract water in England only, and

b

is to remain in force until revoked.

3

No compensation is payable under section 61 if—

a

in each year during the 12 year period ending with the relevant date, the quantity of water abstracted in pursuance of the licence did not exceed 75% of the quantity of water the holder was authorised to abstract in that year, and

b

the ground for varying the licence is that the Secretary of State is satisfied the variation does not reduce the quantity of water the holder is authorised to abstract to a level below that which the holder reasonably requires.

4

In subsection (3) the “relevant date” is the date on which the notice of the proposals for varying the licence was served on the holder of the licence.

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.