The Water Resources (Succession to Licences) Regulations 1969

SCHEDULEAPPLICATIONS FOR NEW LICENCES

1.—(1) An application in pursuance of these regulations for a licence to abstract water from a source of supply in a river authority area shall include the particulars and be verified by the evidence hereafter prescribed, and shall be made to the river authority in accordance with the provisions of this Schedule.

(2) The application and any accompanying documents, together with such additional number of copies (not exceeding two) as the river authority may require, shall be addressed to the Clerk of the authority and posted to or delivered at the river authority's principal office or such other place as the authority may direct.

2.—(1) The application shall be accompanied by an ordnance map to a scale of not less than six inches to one mile for the purpose of showing the matters specified in the next sub-paragraph:

Provided that the river authority may dispense with this requirement, or may accept a map to a smaller scale, if on the request of the applicant they are satisfied in the circumstances of the case that a map is unnecessary or, as the case may be, that a smaller scale will suffice.

(2) There shall be shown clearly on the map (if any):—

(a)the point or points of abstraction specified in the original licence (each with a reference number) at which the applicant proposes to abstract water;

(b)as respects each point of abstraction, the relevant land for the purposes of section 27 of the Act (as modified by regulation 8);

(c)the applicant's land (as defined in regulation 7(1)), distinguishing as may be necessary between parts of that land on which it is proposed to use water abstracted in pursuance of the licence for different purposes.

(3) In this Schedule the expression “relevant land”, used in connection with section 27 of the Act, means land contiguous to the existing point of abstraction at which the applicant proposes to abstract from an inland water, or land consisting of or comprising underground strata and with access to the existing point of abstraction at which he proposes to abstract from those strata, being in either case land in relation to which the applicant claims such rights of occupation or access, actual or prospective, as satisfy the relevant conditions of section 27 (as modified by regulation 8) .

3.—(1) Subject to sub-paragraph (2) with respect to an application made by the holder of the original licence, the application shall include the following particulars:—

(a)The applicant's name and address, and the name and address of any other person authorised to act on the applicant's behalf in the matter.

(b)The source of supply to which the application relates.

(c)The serial number of the original licence by reference to which the application is made, and the name and address (if known) of the original holder.

(d)The name and address (if known) of any other person who to the applicant's knowledge has become the holder of the original licence.

(e)Particulars of the applicant's claim to be entitled to make the application, including—

(i)a description (by reference to the map, if any) of the applicant's land (as defined in regulation 7(1));

(ii)the date on which, and the manner in which, the applicant became the occupier of the relevant part of the original land, and (if different and so far as known to the applicant) the date on which, and the relevant event by reason of which, the original holder ceased to be the occupier of that part;

(iii)a statement showing how the applicant claims to be entitled to make the application in accordance with section 27 of the Act (as modified by regulation 8), with reference, where appropriate, to relevant land for the purpose of section 27 shown on the map.

(f)Particulars of the application, including—

(i)a brief description of the point or points of abstraction specified in the original licence at which the applicant proposes to abstract (with reference, where appropriate, to the point or points shown and numbered on the map);

(ii)the provisions which the applicant proposes the licence should contain, including provisions as to the quantity of water authorised to be abstracted during a period or periods specified at each point of abstraction or group of points of abstraction specified, and provisions as to the land on which and the purposes for which the water abstracted is to be used, all being provisions framed by reference to the corresponding provisions of the original licence;

(iii)a statement showing how the quantities of water specified have been assessed in accordance with the provisions of regulation 7.

(2) In the case of an application by the original holder in pursuance of regulation 6 , or by a person who has become the holder of the original licence and who is entitled to make such an application by virtue of regulation 4(4), sub-paragraph (1) of this paragraph shall have effect with the following modifications:—

(a)the particulars required at head (c) shall include the statement that the applicant is the original holder, or, as the case may be, that he has become the holder of the original licence by virtue of regulation 4;

(b)for the particulars required at head (d) there shall be substituted brief particulars sufficient to identify the application by a successor for a new licence (or, if there is more than one, each such application) in consequence of which the applicant is applying for a new licence;

(c)for the particulars required at head (e)(i) there shall be substituted a description of the part of the original land of which the original holder has continued to be the occupier, or, in the case of an application by a person who is the holder of the original licence by virtue of regulation 4(1), a description of the original land of which that person has become the occupier;

(d)the particulars required at head (e)(ii) shall not apply in the case of the original holder, and, in the case of a person who has become the holder of the original licence by virtue of regulation 4, there shall be substituted for those particulars the date on which, and the circumstances in which, he became the occupier of the whole of the original land;

(e)in head (f)(iii) for the words “in accordance with the provisions of regulation 7” there shall be substituted the words “having regard to the provisions of regulation 6”.

4.—(1) The application shall be accompanied by evidence for the purpose of satisfying the river authority with respect to such of the following matters as are contained in the application, or shall include a statement as to the nature of any evidence which the applicant can produce for that purpose if the authority shall so require:—

(a)that the claim to have become the occupier of a part, or the whole, of the original land, and (in so far as material) to have done so at the time specified, is well founded;

(b)that the claim to be entitled to make the application in accordance with the provisions of section 27 of the Act (as modified by regulation 8) is well founded;

(c)in the case of a proposal that the new licence should authorise a quantity of water determined in accordance with regulation 7(2)(b)(ii), that the quantity proposed is the quantity which ought to be so determined;

(d)in the case of a request that, in accordance with regulation 7(3), there should be added to any quantity of water determined in accordance with regulation 7(2) a quantity which the original holder would have abstracted at a point of abstraction which has not become available to the applicant, that the circumstances are such as to enable the river authority to be satisfied with respect to the relevant matters specified in regulation 7(3).

(2) The application shall be accompanied by such information as the applicant is able to provide with respect to the following matters:—

(a)whether the holder (if any) of the original licence has applied, or is prepared to apply, for the grant of a new licence, or for the revocation or variation of the original licence, as mentioned in regulation 5(3);

(b)whether there is, or is likely to be, any related application for a new licence, made by another successor by reference to the same original licence, which might appropriately be considered together with the applicant's application.

5.   Regulation 10 of the Water Resources (Licences) Regulations 1965(1) shall have effect in relation to the application as if it were an application for a licence of right and as if the period therein prescribed for dealing with the application were a period of 3 months; and regulation 12 of those Regulations shall have effect in relation to any appeal to the Minister in pursuance of the application, but, save as aforesaid, Part II of the said Regulations of 1965 shall not have effect in relation to applications made in pursuance of these regulations.