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The Water Abstraction (Specified Enactments) Regulations 2017

S.I. 2017/1042 · Made 30 October 2017

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Water Resources, England And Wales

Made 30th October 2017

Laid before Parliament 31st October 2017

Coming into force 1st January 2018

The Secretary of State makes the following Regulations in exercise of the power conferred by section 102(5)(b) of the Water Act 2003f1.

Annotations to the whole text

Footnotes

f1

2003 c. 37; section 102 was amended by S.I. 2013/755 (W. 90).

Contents

  1. 1Citation and commencement
  2. 2Specified enactments
  3. Signature
  4. Explanatory note

1Citation and commencement

These Regulations may be cited as the Water Abstraction (Specified Enactments) Regulations 2017 and come into force on 1st January 2018.

2Specified enactments

The following provisions of the Water Resources Act 1991f1 are specified for the purposes of section 102(5)(b) of the Water Act 2003—

(a)

section 21 (minimum acceptable flows)f2;

(b)

section 39(2) and (5) (which relate to existing rights and privileges)f3;

(c)

section 40 (obligations to take river flow etc. into account)f4.

Signature

Thérèse Coffey

Parliamentary Under Secretary of State

Department for Environment, Food and Rural Affairs

30th October 2017

Explanatory note

(This note is not part of these Regulations)

These Regulations specify enactments for the purposes of section 102(5)(b) of the Water Act 2003 (c. 37). Section 102(5)(b) provides that nothing in those specified enactments prevents the Environment Agency or the Natural Resources Body for Wales (“the appropriate agency”) from granting a licence under Chapter 2 of Part 2 of the Water Resources Act 1991 (c. 57) in respect of abstractions of water described in that section.

The Regulatory Impact Assessment produced in connection with the Water Act 2003 (setting out the impacts of removing exemptions from the restriction on abstraction) is relevant to this instrument. A further impact assessment was produced in respect of new authorisations for water abstraction in October 2017. Copies of both impact assessments can be obtained from the Water Resources Management Team, the Department for Environment, Food and Rural Affairs, Area 3D, Nobel House, 17 Smith Square, London SW1P 3JR. Both are published together with an Explanatory Memorandum alongside this instrument on www.legislation.gov.uk.