Water Environment (Abstractions and Associated Impoundments) Act 2022

Local authority may give compliance notice

97. (1) Where it appears to a local authority, as respects its administrative area, that it is necessary to do so in order to prevent or limit failure by a water body to meet its environmental objectives, caused by the carrying out of an abstraction, the local authority may give a compliance notice to the person carrying out the abstraction.

(2) Subsection (1) shall only apply in relation to an abstraction to which regulations under section 8 or 9 apply.

(3) The local authority shall, in giving a compliance notice, have regard to any code of practice for the time being published and approved by the Agency under section 76 of the Act of 1992 in so far as it relates to compliance with regulations under section 8 or 9 .

(4) Where the abstraction to which a compliance notice to be given under this section relates is situated in the administrative area of more than one local authority, one of the local authorities concerned may with the agreement of the other local authority concerned give the compliance notice on behalf of that other local authority.