The Water Resources (Abstraction and Impounding) Regulations 2006

Modifications to the restrictions on abstraction and impounding works, and related restrictions

14.—(1) The restriction on abstraction and the restriction on impounding works(1) have effect in relation to abstraction and impounding by the Agency as if the references in section 24(1)(2) and section 25(1)(a) and (b)(3) to a licence were references to a licence granted, or, by virtue of paragraph 6(2) of Schedule 2, deemed to have been granted, to the Agency under section 42(4) (consideration of called–in applications).

(2) Subsection (3) of section 32(5) (miscellaneous rights to abstract) has effect in relation to—

(a) the restriction on abstraction as it has effect, as modified by paragraph (1), in relation to abstraction by the Agency, and

(b) the other restrictions imposed by section 24 as they apply to the Agency,

as if all the words after “subsection (4) below” were omitted.

(1)

For the definition of “the restriction on impounding works” see section 72(1) (amended by section 2(9) of the Water Act 2003).

(2)

Section 24(1) was amended by The Environment Act 1995 (Consequential Amendments) Regulations 1996 (S.I. 1996/593), regulation 3 and Schedule 2, paragraph 8, and the EA, section 120 and Schedule 22, paragraph 128.

(3)

Section 25(1) was substituted by the WA, section 2(1) and (2).

(4)

Section 42 was amended by the EA, section 120 and Schedule 22, paragraph 128, and the WA, section 14(3)(b) and section 16(6).

(5)

Section 32 was amended by the EA, section 120 and Schedule 22, paragraph 128, and by the Fire and Rescue Services Act 2004 (c. 21), section 53(1) and Schedule 1, paragraph 79.