Section 48 General effect of licence.

England and Wales

C1(1)

For the purposes of this Chapter a person who is for the time being the holder of a licence under this Chapter to abstract water shall be taken to have a right to abstract water to the extent authorised by the licence and in accordance with the provisions contained in it.

(2)

In any action brought against a person in respect of the abstraction of water from a source of supply F1(other than an abstraction in respect of which a claim could be brought under section 48A below, in which case that section shall apply), it shall be a defence, subject to paragraph 2 of Schedule 7 to this Act, for him to prove—

(a)

that the water was abstracted in pursuance of a licence under this Chapter; and

(b)

that the provisions of the licence were complied with.

(3)

In any action brought against a person in respect of any obstruction or impeding of the flow of any inland waters at any point by means of impounding works, it shall be a defence for him to prove—

(a)

that the flow was so obstructed or impeded in pursuance of a licence under this Chapter;

(b)

that the obstructing or impeding was in the manner specified in that licence and to an extent not exceeding the extent so specified; and

(c)

that the other requirements of the licence (if any) were complied with.

(4)

Nothing in subsection (2) or (3) above shall exonerate a person from any action for negligence or breach of contract.

Annotations

Textual amendments

F1: Words in s. 48(2) inserted (1.4.2005) by Water Act 2003 (c. 37), ss. 24(2), 105(3) (with s. 24(3)(b)); S.I. 2004/641, art. 5 (with Sch. 3 paras. 4, 7)

Modifications

C1: S. 48(1) modified (1.4.2005) by The Water Act 2003 (Commencement No. 4, Transitional Provisions and Savings) Order 2005 (S.I. 2005/968), art. 4(1)(3), Sch. 1 paras. 7(10), 8(3)

Notes on Part II

Modifications

C1: Pt. II: transfer of functions to the Environment Agency (1.4.1996) by 1995 c. 25, s. 2(1)(a)(i) (with ss. 115, 117); S.I. 1996/186, art. 3

Notes on Chapter II

Modifications

C1: Chapter II of Part II excluded (1.4.1996) by 1995 c. 25, s. 6(3) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3
C2: Chapter II of Part II modified (18.12.1996) by 1996 c. 61, s. 52, Sch. 15 Pt. III para. 11
C3: Pt. II Ch. II modified (22.3.2005) by Midland Metro (Wednesbury to Brierley Hill and Miscellaneous Amendments) Order 2005 (S.I. 2005/927), Sch. 11 para. 11 (with art. 51)
C4: Pt. II Ch. II modified (26.8.2005) by River Tyne (Tunnels) Order 2005 (S.I. 2005/2222), art. 1, Sch. 10 para. 14 (with arts. 45(1), 48, Sch. 10 paras. 21, 29)
C5: Pt. II Ch. II modified (19.3.2007) by Ouseburn Barrage Order 2007 (S.I. 2007/608), art. 1, Sch. 6 para. 18 (with arts. 46-48, Sch. 6 paras. 17(5), 23)
C6: Pt. II Ch. II modified (22.7.2008) by Crossrail Act 2008 (c. 18), Sch. 17 para. 11
C7: Pt. II Ch. II modified (9.6.2009) by Nottingham Express Transit System Order 2009 (S.I. 2009/1300), arts. 1, 71(12) (with Sch. 13 para. 14(2), Sch. 14 para. 19, Sch. 16)
C8: Pt. II Ch. II modified (20.7.2010) by The Network Rail (Nuneaton North Chord) Order 2010 (S.I. 2010/1721), art. 1, Sch. 11 para. 12
C9: Pt. II Ch. II modified (27.8.2010) by The Llangollen and Corwen Railway Order 2010 (S.I. 2010/2136), art. 1(1), Sch. 4 para. 12
C10: Pt. II Ch. II modified (1.9.2010) by The Port of Bristol (Deep Sea Container Terminal) Harbour Revision Order 2010 (S.I. 2010/2020), art. 1(2), Sch. 6 para. 11(1) (with arts. 18, 19)
C11: Pt. II Ch. II modified (1.2.2011) by The River Mersey (Mersey Gateway Bridge) Order 2011 (S.I. 2011/41), art. 1, Sch. 10 para. 41(1) (with art. 51, Sch. 10 paras. 68 85)