Water Bill [HL] — 9 Jul 2003 at 22:23
Clause 18 [Protection from derogation]:
moved Amendment No. 9:
Page 20, line 41, leave out from "be)" to end of line 43 and insert "section 39A(2) or (3), 48(1) or 59C(10) below or section 99(3) of the Water Act 2003, or in a provision made in an order by virtue of section 12(5)(b) of that Act, in each case subject to any limitations mentioned there"."
On Question, amendment agreed to.
Clause 19 [Protected rights]:
moved Amendments Nos. 10 to 12:
Page 21, leave out lines 20 and 21 and insert-
"(b) it is such a right as a person is taken to have by virtue of subsection (2) below;
(ba) it is such a right as a person is taken to continue to have by virtue of subsection (3) below;" Page 21, line 24, at end insert-
"( ) it is such a right as a person is taken to continue to have by virtue of a provision made under subsection (5)(b) of section 12 of the Water Act 2003 in an order made under that section; or
( ) it is such a right as a person is taken to continue to have by virtue of section 99(3) of that Act." Page 21, leave out lines 25 to 29 and insert-
"(2) A person who is in a position to carry out an abstraction of a quantity of water which-
(a) by virtue of section 27(1) above is not subject to the restriction on abstraction; and
(b) also falls within subsection (2B) or (2C) below,
shall be taken, for the purposes of this Chapter, to have a right to do so in respect of that quantity or, if lower, the maximum quantity mentioned in subsection (2A) below.
(2A) The maximum quantity is-
(a) if, by virtue of an order under section 27A(1) above, section 27(1) has ever had effect as if it referred, for the purposes of the abstraction in question, to a quantity of water lower than twenty cubic metres, that lower quantity (or, if more than one, the lowest of them); or
(b) in any other case, twenty cubic metres (and no more).
(2B) An abstraction falls within this subsection if it is an abstraction from inland waters carried out by or on behalf of an occupier of land contiguous to those waters at the place where the abstraction is effected ("contiguous land"), and-
(a) the water is abstracted for use on a holding consisting of the contiguous land with or without other land held with that land; and
(b) it is abstracted for use on that holding for either or both of the following purposes-
(i) the domestic purposes of the occupier's household;
(ii) agricultural purposes other than spray irrigation.
(2C) An abstraction falls within this subsection if it is an abstraction from underground strata and the water is abstracted by or on behalf of an individual as a supply of water for the domestic purposes of his household.
(2D) Subsection (2) above shall not apply to a person in respect of an abstraction which that person is, or was at any time, taken to have a right to carry out by virtue of any other provision mentioned in subsection (1) above."
On Question, amendments agreed to.
[Amendment No. 13 not moved.]
moved Amendments Nos. 14 to 18:
Page 21, line 30, leave out "the right to abstract water which"
Page 21, leave out lines 37 and 38 and insert "and who was taken in consequence of that licence (or that part of the licence) to have a right to abstract water by virtue of section 48(1) below shall be taken to continue to have that right for the purposes of this Chapter."
Page 21, line 39, leave out from beginning to "does" in line 42 and insert-
"(4) For the purposes of this Chapter, the person who was the holder of the licence in question ("the old licence") shall cease to be taken to continue to have a right, by virtue of subsection (3) above, to abstract water if-
(a) during a period mentioned in subsection 4A below he" Page 21, line 46, leave out "the holder of the old licence" and insert "he"
Page 22, line 2, at end insert-
"(4A) The period referred to in subsection (4)(a) above is-
(a) four years; or
(b) if the abstractions authorised under the old licence were abstractions planned to be carried out at intervals of more than four years, or for emergency purposes only, such longer period as the Agency may determine on the application of the holder of the old licence."
On Question, amendments agreed to.
moved Amendment No. 19:
Page 22, line 6, at end insert-
"( ) A protected right that has been unused for four years shall not cease under subsection (4) above if the licence holder can demonstrate that his pattern of abstraction is or has been over a longer cycle."
On Question, Whether the said amendment (No. 19) shall be agreed to?
Their Lordships divided: Contents, 30; Not-Contents, 63.
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