Section 60(5)

In any action brought against the appropriate agency in pursuance of this section it shall be a defence for the appropriate agency to show that the fact, as the case may be— was wholly or mainly attributable to exceptional shortage of rain or to an accident or other unforeseen act or event not caused by, and outside the control of, the appropriate agency. that the abstraction of water authorised by the licence, as granted or varied by the appropriate agency, derogated from the plaintiff’s protected right; or that the obstruction or impeding of the flow of the inland waters authorised by the licence, as so granted or varied, derogated from the plaintiff’s protected right,

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