Paragraph 4 Relevant applications: duty on Agency to inform applicants of transitional arrangementsI1

United Kingdom

The Agency shall by 1st June 2005 serve notice in writing on every person who has made a relevant application stating that—

(a)

abstractions such as that to which the application (wholly or in part) relates are, but for transitional arrangements, no longer abstractions to which the restriction on abstraction applies;

(b)

had a licence been granted in relation to the application before 1st April 2005—

(i)

the holder of that licence would have been taken to have a right to abstract water to the extent authorised by that licence; and

(ii)

that right would have been a protected right for the purposes of Chapter 2 of Part 2 of the WRA; and

(c)

by virtue of paragraphs 1 and 3 of this Schedule—

(i)

unless the application (or any appeal) is withdrawn, the restriction on abstraction will continue to apply to the abstraction to which the application relates until that application is finally disposed of;

(ii)

consideration of that application will continue; and

(iii)

any decision to grant a licence will have effect only for the purpose of determining the extent of the applicant’s protected right.

Annotations

Commencement

I1: Sch. 1 para. 4 in force at made date