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Section 43: Appeals to the Secretary of State.

Water Resources Act 1991 · 1991 c. 57View on legislation.gov.uk

Part II: Water Resources Management — Chapter II: ABSTRACTION AND IMPOUNDING

Where an application has been made to the appropriate agency for a licence under this Chapter, the applicant may by notice appeal to the Secretary of State if—

the applicant is dissatisfied with the decision of the appropriate agency on the application; or
the appropriate agency fails within the period specified in subsection (2) below to give to the applicant either—
notice of the appropriate agency's decision on the application; or
notice that the application has been referred to the Secretary of State in accordance with any direction under section 41 above.

This section is subject to section 114 of the 1995 Act (delegation or reference of appeals etc).

The period mentioned in subsection (1)(b) above is—

except in a case falling within paragraph (b) below, such period as may be prescribed; and
where an extended period is at any time agreed in writing between the applicant and the appropriate agency, the extended period.

A notice of appeal under this section shall be served—

in such manner as may be prescribed; and
within such period as may be prescribed, being a period of not less than twenty-eight days from, as the case may be—
the date on which the decision to which it relates was notified to the applicant; or
the end of the period which, by virtue of subsection (2) above, is applicable for the purposes of subsection (1)(b) above.

Where a notice is served under this section in respect of any application, the applicant shall, within the period prescribed for the purposes of subsection (3)(b) above, serve a copy of the notice on the appropriate agency.

Where any representations in writing with respect to an application were made within the period specified in any such notice as is referred to in section 37(4)(b) above, the Secretary of State shall, before determining an appeal under this section in respect of the application, require the appropriate agency to serve a copy of the notice of appeal on each of the persons who made those representations.

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This legislation text comes from legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. These source and reuse terms cover the legislation text, not Remedy's commentary.

Reuse reviewed 21 August 2026 under Open Government Licence v3.0.