The Water Act 2003 (Commencement No. 6, Transitional Provisions and Savings) Order 2006

This Order may be cited as the Water Act 2003 (Commencement No. 6, Transitional Provisions and Savings) Order 2006.

In this Order—

• “the Act” means the Water Act 2003; and

• “the Agency” means the Environment Agency.

section 1 (licences to abstract water);

section 2 (restrictions on impounding);

section 3 (existing impounding works);

section 4 (existing impounding works: works notices);

in section 8 (amendments relating to section 7), subsections (3) to (7) and subsection (1) in so far as it relates to those subsections;

section 11 (who may apply for a licence);

section 12 (abolition of combined licences);

section 13 (applications: types of abstraction licence);

section 14 (publication of application for licence);

section 19 (form, contents and effect of licences) for all remaining purposes;

section 21 (modification of licences);

section 22 (proposals for modification at instance of Agency or Secretary of State);

section 23 (transfer and apportionment of licences);

section 25 (compensation for modification of licence on direction of Secretary of State) for all remaining purposes;

section 30 (enforcement notices, and related procedures and offences);

section 33 (application of certain water resources provisions to the Act);

section 62 (water resources management plans) in so far as it has effect to insert into the WIA^f1 section 37A and 37D, and for all remaining purposes as respects the insertion into the WIA of section 37B;

in section 100 (devolution: Wales)—

in section 101 (minor and consequential amendments and repeals)—

The transitional and savings provisions in the Schedule to this Order have effect.

Paragraph (1) comes into force on 1st April 2006.

The Agency must, before 1st May 2006—

The holder of a relevant licence containing relevant provisions may make an application to the Agency for the grant of a transfer licence in substitution for that part of the relevant licence which contains the relevant provisions.

An application must—

Where it receives an application, the Agency must before the relevant date—

In sub-paragraph (4), the “relevant date” is the date of the day after the end of the period of six months beginning on the day the application is received by the Agency.

Subsection (5)(b) of section 46 of the WRA^f1 (form and content of licences) does not apply in relation to a licence granted in accordance with sub-paragraph (4)(a) of this paragraph.

In relation to a relevant licence to which sub–paragraph (2) applies, section 24A of the WRA^f2 (abstraction licences) and subsection (1) of section 102 of the Act (specific transitional and transitory provisions) apply as if section 1 of the Act came into force—

Subsection (1)(a) of section 43 of the WRA^f3 (appeals to the Secretary of State) has effect in relation to the decision of the Agency on an application under sub-paragraph (2)—

as if it were a decision on an application to the Agency for a licence under Chapter 2 of Part 2 of the WRA.

In this paragraph an application is to be considered finally disposed of when—

In this paragraph—

• “relevant licence” means a licence (other than a combined licence) to abstract water which was in force immediately before 1st April 2006; and

• “relevant provisions” means provisions which authorise the abstraction of water from one source of supply over a period of twenty–eight days or more for the purpose of transferring water to another source of supply without intervening use.

In this paragraph and paragraph 2, “combined licence” means a licence under section 36 of the WRA^f4 (application for combined abstraction and impounding licence) which is in force immediately before 1st April 2006.

The Agency must, in relation to a combined licence, before 1st April 2007—

A licence granted in accordance with sub-paragraph (1)(a) must provide for the licence to take effect on 1st April 2007.

A combined licence varied in accordance with sub-paragraph (1)(b) must provide for the variations to take effect on 1st April 2007.

In relation to a combined licence, section 24A of the WRA (abstraction licences) and subsection (1) of section 102 of the Act (specific transitional and transitory provisions) apply as if section 1 of the Act came into force on 1st April 2007.

A licence granted in accordance with sub–paragraph (1)(a) in respect of particular impounding works is to be taken to satisfy the condition referred to in paragraph (a) of section 25(1A) of the WRA^f1 (which sets out the conditions under which the restriction on impounding does not apply) in respect of those impounding works.

Subsection (1)(a) of section 43 of the WRA (appeals to the Secretary of State) has effect in relation to a licence—

as if that licence had been granted or varied (as the case may be) on an application to the Agency.

In relation to a combined licence to which, if it did not authorise the holder to obstruct or impede the flow of inland waters by means of impounding works, paragraph 1 would apply—

In this paragraph, “impounding licence” means a licence^f2 under Chapter 2 of Part 2 of the WRA to obstruct or impede the flow of inland waters by means of impounding works.

Subsection (4) of section 30 of the WRA (notices with respect to borings not requiring licences) continues to have effect in relation to any notice under section 30(2) of that Act given before the repeal of section 30 by virtue of section 8(3) and (5) of the Act.

Subsections (2) and (4) of section 199 of the WRA^f1 (notice etc. of mining operations which may affect water conservation) continue to have effect in relation to any notice under section 30(2) of that Act (as applied by section 199(2)) given before the coming into force of section 8(5) of the Act as they had effect immediately before the coming into force of that section.

In relation to any application for a licence under Chapter 2 of Part 2 of the WRA a notice of which was published before 1st April 2006 in accordance with section 37 of the WRA, that section continues to have effect as it had effect immediately before that date.

Sub–paragraph (1) does not apply in relation to an excepted application.

Paragraph 6 (above), and regulation 36 of the Water Resources (Abstraction and Impounding) Regulations 2006^f1, do not have effect in relation to an excepted application.

In this paragraph “an excepted application” means an application submitted to the Agency on or after 1st April 2007.

So far as it has not been given effect before the coming into force of this Schedule, section 37B of the WIA^f1 (water resources management plans: publication and representations) has effect only in so far as it enables the Secretary of State to make regulations or give directions in relation to water resources management plans.

Section 37A (water resources management plans: preparation and review) and section 37D (water resources management plans: supplementary) of the WIA^f2 have effect only in so far as they enable the Secretary of State to give directions in relation to water resources management plans under those sections.