Water Environment (Abstractions and Associated Impoundments) Act 2022
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Application of Act and supplemental provisions relating to abstractions and associated impoundments | ||
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3. (1) This Act shall apply to the removal or diversion of water from the water environment (in this Act referred to as an “abstraction”). | ||
(2) An abstraction may be carried out by mechanical means, through a pipe, or by diverting the flow of water or by means of a structure or works for that purpose. | ||
(3) Two or more abstractions from different abstraction points in the same water body which join to form one abstraction serving the same person shall be considered to be a single abstraction for the purposes of— | ||
(a) the registration threshold, and | ||
(b) the licensing threshold. | ||
(4) An abstraction may be carried out for the purpose of transfer of water from one part of the water environment to another. | ||
(5) This Act shall apply to an impoundment where an abstraction cannot be carried out without an impoundment (in this Act referred to as an “associated impoundment”). | ||
(6) In this Act, unless the context otherwise requires, a reference to an abstraction which cannot be carried out without an impoundment shall include a reference to its associated impoundment. | ||
(7) A reference in this Act to a licence includes a reference to a joint licence. | ||
(8) Where a joint licence is granted, a reference in this Act to a licensee includes a reference to the persons carrying out the abstraction and operating the associated impoundment the subject of that licence. | ||
(9) This Act shall apply to a licence amended under section 51 or 52 as it applies to a licence and a reference in this Act to a licence includes a reference to a licence so amended. | ||
(10) In this section, “impoundment” means the doing of anything whereby the water level or flow in surface waters or the continuity of the morphological condition of a body of surface water is permanently or temporarily changed by means of a structure, including a dam or weir, situated in the water and built or maintained for the purpose of an abstraction or works situated in the water and carried out for that purpose. |