The Water Resources (Succession to Licences) Regulations 1969

Rights of a successor on becoming the occupier of a part of the original land

5.—(1) Where the original holder ceases to be the occupier of the whole, or a part, of the original land and a successor becomes the occupier of a part of the original land within a period of two years beginning with the date of the relevant event, the successor, if he satisfies the conditions of section 27 of the Act (as modified by regulation 8), shall be entitled to apply, within a period of one month beginning with the date on which he becomes the occupier as aforesaid, for the grant of a new licence in accordance with the following provisions of these regulations.

(2) Subject to the next following paragraph, a successor who accordingly applies for a new licence and who, when a decision falls to be made on the application, is the occupier of any of the land specified therein as land of which he has become the occupier in the circumstances mentioned in the preceding paragraph, shall be entitled to the grant of a new licence for the abstraction of water for use on land of which he is the occupier as aforesaid, containing provisions determined by reference to the provisions of the original licence in accordance with regulation 7 of these regulations.

(3) It shall be a condition of the successor's entitlement under this regulation to the grant of a new licence that the original holder or, as the case may be, the holder for the time being of the original licence who stands in place of the original holder for this purpose by virtue of regulation 4(4), has duly made, and has not withdrawn, an application in pursuance of the next following regulation for the grant of an appropriate new licence in substitution for the original licence, or an application under section 42 of the Act for the revocation of the original licence or for its variation in such a manner as will secure that those of its provisions with respect to the abstraction of water which (with any modifications) are to be included in the new licence for which the successor has applied cease to have effect as provisions of the original licence.

This condition shall not apply where the original holder has ceased to be the holder of the original licence and there is for the time being no holder of that licence in the place of the original holder as aforesaid.

This condition shall not apply where the original holder has ceased to be the holder of the original licence and there is for the time being no holder of that licence in the place of the original holder as aforesaid.

(4) The Schedule hereto shall have effect in relation to applications for new licences in pursuance of this, or the next following, regulation.