Section 39

Subject to subsection (1A) below, the appropriate agency shall not, except with the consent of the person entitled to the rights, grant a licence so authorising— as to derogate from any rights which, at the time when the application is determined by the appropriate agency, are protected rights for the purposes of this Chapter. the abstraction of water; or the flow of any inland waters to be obstructed or impeded by means of impounding works, Subsection (1) above does not apply when— the application to be determined is one which does not fall within subsection (1A) of section 38 above only because paragraph (b) of that subsection is not satisfied; or the determination of an application is being concluded in accordance with subsection (1C) of that section. In a case where an application for a licence under this Chapter relates to abstraction from underground strata, the appropriate agency, in dealing with the application, shall have regard to the requirements of existing lawful uses of water abstracted from those strata, whether for agriculture, industry, water supply or other purposes. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Any reference in this Chapter, in relation to the abstraction of water or obstructing or impeding the flow of any inland waters by means of impounding works, to derogating from a right which is a protected right for the purposes of this Chapter is a reference to, as the case may be— in such a way, or to such an extent, as to prevent the person entitled to that right from abstracting water to the extent mentioned in (as the case may be) section 39A(2) or (7), 48(1) or 59C(10) below or section 102(3) of the Water Act 2003, or in a provision made in an order by virtue of section 10(5)(b) of that Act, in each case subject to any limitations mentioned there. abstracting water; or so obstructing or impeding the flow of any such waters, For the purposes of subsection (2) above the appropriate agency shall be entitled (but shall not be bound) to treat as lawful any existing use of water from underground strata unless— by a decision given in any legal proceedings, it has been held to be unlawful; and that decision has not been quashed or reversed.

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