Regulation 7 Provisions of a new licence granted to a successor
Subject to this regulation, the provisions of a new licence granted on the application of a successor in pursuance of regulation 5 shall be such as appear to the river authority to correspond as nearly as may be to the provisions of the original licence, modified so as to provide for the abstraction of water—
from any point of abstraction specified in the original licence which, having regard to section 27 of the Act (as modified by regulation 8) and to the provisions of the original licence, is available to the applicant for the purposes of the next following sub-paragraph; and
for use on any part of the original land occupied by the applicant, and for a purpose of the original licence appropriate to that part.
In the following provisions of these regulations, “the applicant's land” means that part of the original land which is occupied by the applicant and to which his application relates, and any reference, however expressed, to a point of abstraction available to the applicant is a reference to such a point of abstraction as is mentioned in sub-paragraph (a) of this paragraph.
Subject to the next following paragraph, provision as to any quantity of water authorised to be abstracted in pursuance of the new licence shall be made as follows, that is to say:—
where the original licence specifies or otherwise limits a quantity of water to be abstracted during a period or periods so specified from any point available to the applicant, for use on the whole or a part of the applicant's land and not also on any other land, the new licence shall make the like provision;
where the original licence specifies or otherwise limits a quantity of water to be abstracted as aforesaid for use on the whole or a part of the applicant's land and also on other land, the new licence shall make the like provision with such modification as is required to secure that the quantity thereby authorised for use on the applicant's land, or, as the case may be, on the relevant part of that land, shall be an appropriate share of the relevant quantity provided for by the original licence, that is to say, either—
an amount which bears to the whole of the relevant quantity provided for by the original licence the same proportion as the area of the applicant's land, or of the relevant part of that land, bears to the area of the land on which that quantity was to be used in accordance with the original licence, or
such other amount as the river authority (having regard to the provisions of the original licence, the manner in which any water abstracted has been used in accordance with that licence and any other material considerations) may determine to be the amount which would have been used on the land in question under the original licence if the original holder had continued to be the occupier of the applicant's land and had abstracted the whole of the relevant quantity.
Where—
the original licence authorises the abstraction of water from a source of supply at two or more points of abstraction, not all of which have become available to the applicant as mentioned in paragraph (1) of this regulation, and
the river authority are satisfied that, if the original holder had continued to be the occupier of the applicant's land, it would have been his practice in accordance with the original licence to use on that land water abstracted at any point of abstraction which has not become available to the applicant,
the river authority may, if the applicant so requests, provide in the new licence for the abstraction, at any point or points of abstraction specified in the original licence and available to the applicant as aforesaid, of a quantity or quantities of water not exceeding whichever is the smaller of—
the corresponding quantity which, in the opinion of the authority, would have been abstracted and used on the applicant's land as mentioned in sub-paragraph (b) of this paragraph, and
the capacity of the existing means of abstraction at the relevant point or points, regard being had to any quantity of water to be authorised in pursuance of the foregoing paragraphs of this regulation.
In determining under this regulation what quantity of water is to be authorised in a new licence by reference to the provisions of the original licence, any relevant apportionment for the purposes of a licence previously granted hereunder by reference to the provisions of the same original licence shall (subject to the effect of any material revocation or variation) be deemed to be conclusive.
Any reference in this regulation to the river authority shall be construed as including a reference to the Minister on appeal.