Regulation 7 Exemption from advertising requirementsI1

England and Wales

(1)

The requirements of section 37(1) and (2) do not apply to an application for a full licence or transfer licence if—

(a)

the proposed point of abstraction in relation to the application is the place where an existing licence held by the applicant authorises water to be abstracted; and

(b)

the licence to which the application relates—

(i)

would take effect immediately after the expiry of the existing licence;

(ii)

would not permit a greater quantity of water to be abstracted than may be abstracted under the existing licence; and

(iii)

would otherwise be subject to materially the same terms as the existing licence.

(2)

The requirements of section 37(1) and (2) do not apply to an application under section 51(2) (which provides for variation on application of licence holder) in relation to an existing abstraction licence that is to remain in force until revoked if—

(a)

the application is for the existing licence to be varied so as to specify a date on which that licence will expire;

(b)

the varied licence would not permit the quantity of water that may be abstracted under the existing licence to be increased; and

(c)

the varied licence would otherwise be subject to materially the same terms as the existing licence.

(3)

The requirements of section 37(1) and (2) do not apply to an application for a full licence, a transfer licence or an impounding licence, or the variation of such a licence, if the relevant authority notifies the Agency that complying with those requirements in relation to that application would be contrary to the interests of national security.

(4)

The requirements of section 37(1) and (2) may be dispensed with if it appears to the Agency or, in the case of a called–in application, the Secretary of State or the Assembly (as the case may be) that the proposed abstraction or impounding would have no appreciable adverse effect on—

(a)

the environment;

(b)

any licensed abstraction; or

(c)

any abstraction to which the restriction on abstraction does not apply^f1.

(5)

In paragraph (3) “the relevant authority” means—

(a)

in the case of an application in relation to abstraction or to impounding works in England, the Secretary of State; and

(b)

in the case of an application in relation to abstraction or to impounding works in Wales, the Secretary of State or the Assembly.

Annotations

Commencement

I1: Reg. 7 in force at 1.4.2006, see reg. 1(2)

Footnotes

f1: For the definition of “restriction on abstraction” see section 72(1).