Section 38(3)

Without prejudice to section 39(1) below, the appropriate agency, in dealing with any application for a licence under this Chapter, shall have regard to all the relevant circumstances, including any duty imposed by or under any enactment on bodies having functions in relation to inland waters (for example, navigation authorities and internal drainage boards), and shall have regard in particular to— and may have regard to any failure on the part of the applicant to make an application under section 40 of the Water Industry Act 1991 pursuant to a proposal made by the appropriate agency under section 20C above. any representations in writing relating to the application which are received by the appropriate agency before the end of the period mentioned in subsection (1) above; and the requirements of the applicant, in so far as they appear to the appropriate agency to be reasonable requirements.

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Source: legislation.gov.uk · retrieved 2026-07-30