Section 48

For the purposes of this Chapter a person who is for the time being the holder of a licence under this Chapter to abstract water shall be taken to have a right to abstract water to the extent authorised by the licence and in accordance with the provisions contained in it. In any action brought against a person in respect of the abstraction of water from a source of supply (other than an abstraction in respect of which a claim could be brought under section 48A below, in which case that section shall apply), it shall be a defence, subject to paragraph 2 of Schedule 7 to this Act, for him to prove— that the water was abstracted in pursuance of a licence under this Chapter; and that the provisions of the licence were complied with. In any action brought against a person in respect of any obstruction or impeding of the flow of any inland waters at any point by means of impounding works, it shall be a defence for him to prove— that the flow was so obstructed or impeded in pursuance of a licence under this Chapter; that the obstructing or impeding was in the manner specified in that licence and to an extent not exceeding the extent so specified; and that the other requirements of the licence (if any) were complied with. Nothing in subsection (2) or (3) above shall exonerate a person from any action for negligence or breach of contract.

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