The question of succession to permits is of general relevance when permits are regarded as appurtenant to a given piece of land they "serve". This is typically, but not exclusively, the case of permits for the abstraction and use of irrigation water. What the status of a permit is if the permit holder dies, or if the land the permit "serves" is sold or transferred or is divided up into separate holdings, are typical issues dealt with in subsidiary legislation both on substantive grounds complementary to those covered by principal legislation (I, II and IV), and through the provision of standard Forms in aid to principal legislation (III and V).
I - UNITED KINGDOM - Water Resources (Succession to Licences) Regulations 1969 2. Interpretation (1) In these regulations, unless the context otherwise requires:
4. Rights of a successor on becoming the occupier of the whole of the original land (1) Subject to the following provisions of this regulation, where the original holder ceases to be the occupier of the whole of the original land and, whether immediately thereafter or subsequently, a successor becomes the occupier of the whole of that land but, by reason of the original land being only a part of the land specified in the original licence as the land on which water abstracted in pursuance of the licence is to be used, does not thereupon become the holder of the original licence by virtue of section 32(1) of the Act:
(2) Where the preceding paragraph has effect, the successor shall cease to be the holder of the licence at the end of the period of one month beginning with the date on which he became the occupier of the original land, unless before the end of that period he has given notice to the river authority of the change in the occupation of that land. (3) Where, in the case of a change or proposed change in the occupation of land in the circumstances mentioned in paragraph (1) of this regulation, it is the intention of the parties, or of the one who is the original holder, that the license should be held by the original holder for the purposes for which he could lawfully make use of it but for the operation of the said paragraph (1), then:
(4) A successor who becomes the holder of the original licence by virtue of paragraph (1) of this regulation, and who does not cease to be the holder of the licence by virtue of paragraph (2), shall, in relation to any other person having a relevant entitlement under the next following regulation with respect to the same original licence, stand in the place of the original holder for the purpose of paragraph (3) of that regulation and shall for that purpose be entitled to apply for an appropriate new licence in pursuance of regulation 6 as if he were the original holder in the circumstances specified in regulation 6(1); and, if when the successor becomes the holder of the original licence as aforesaid there is an application made by the original holder with respect to the original licence for the purpose of regulation 5(3) which has not been disposed of, that application shall be deemed to have been adopted by the successor on becoming the holder of the original licence and may be determined accordingly; provided that reasonable notice shall be given to the successor before a decision is issued on the application as so adopted. In this paragraph "a relevant entitlement" means an entitlement with respect to the original licence which a person acquires by becoming the occupier of land of which the original holder ceased to be the occupier on an occasion prior to the relevant event pursuant to which the successor becomes the holder of the original licence as aforesaid. 5. Rights of a successor on becoming the occupier of a part of the original land (1) Where the original holder ceases to be the occupier of the whole, or a part, of the original land and a successor becomes the occupier of a part of the original land within a period of two years beginning with the date of the relevant event, the successor, if he satisfies the conditions of section 27 of the Act (as modified by regulation 8), shall be entitled to apply, within a period of one month beginning with the date on which he becomes the occupier as aforesaid, for the grant of a new licence in accordance with the following provisions of these regulations. (2) Subject to the next following paragraph, a successor who accordingly applies for a new licence and who when a decision falls to be made on the application, is the occupier of any of the land specified therein as land of which he has become the occupier in the circumstances mentioned in the preceding paragraph, shall be entitled to the grant of a new licence for the abstraction of water for use on land of which he is the occupier as aforesaid, containing provisions determined by reference to the provisions of the original licence in accordance with regulation 7 of these regulations. (3) It shall be a condition of the successor's entitlement under this regulation to the grant of a new licence that the original holder or, as the case may be, the holder for the time being of the original licence who stands in place of the original holder for this purpose by virtue of regulation 4(4), has duly made, and has not withdrawn, an application in pursuance of the next following regulation for the grant of an appropriate new licence in substitution for the original licence, or an application under section 42 of the Act for the revocation of the original licence or for its variation in such a manner as will secure that those of its provisions with respect to the abstraction of water which (with any modifications) are to be included in the new licence for which the successor has applied cease to have effect as provisions of the original licence. This condition shall not apply where the original holder has ceased to be the holder of the original licence and there is for the time being no holder of that licence in the place of the original holder as aforesaid. (4) The Schedule hereto shall have effect in relation to the applications for the new licences in pursuance of this, or the next following, regulation. 6. Rights of the original holder with respect to the grant of a new licence (1) Where a successor duly applies in pursuance of the last preceding regulation for the grant of a new licence, and the original holder continues to be the occupier of a part of the original land, the original holder, if he satisfies the conditions of section 27 of the Act (as modified by regulation 8), shall be entitled to apply for the grant of a new licence, in substitution for the original licence, in accordance with the following provisions of this regulation. (2) On the grant of a new licence on the successor's application, the original holder, if he has duly applied, shall be entitled to the grant of a new licence, in substitution for the original licence (including any provision relating to the use of water on land of which the original holder is not the occupier) in so far as effect is not given to those provisions in the new licence granted to the successor. 7. Provisions of a new licence granted to a successor (1) Subject to this regulation, the provisions of a new licence granted on the application of a successor in pursuance of regulation 5 shall be such as appear to the river authority to correspond as nearly as may be to the provisions of the original licence, modified so as to provide for the abstraction of water:
In the following provisions of the regulations, "the applicant's land" means that part of the original land which is occupied by the applicant and to which his application relates, and any reference, however expressed, to a point of abstraction available to the applicant is a reference to such a point of abstraction as is mentioned in sub-paragraph (a) of this paragraph. (2) Subject to the next following paragraph, provision as to any quantity of water authorised to be abstracted in pursuance of the new licence shall be made as follows, that is to say:
(3) Where:
the river authority may, if the applicant so requests, provide in the new licence for the abstraction, at any point or points of abstraction specified in the original licence and available to the applicant as aforesaid, of a quantity or quantities of water not exceeding whichever is the smaller of -
(4) In determining under this regulation what quantity of water is to be authorised in a new licence by reference to the provisions of the original licence, any relevant apportionment for the purposes of a licence previously granted hereunder by reference to the provisions of the same original licence shall (subject to the effect of any material revocation or variation) be deemed to be conclusive. (5) Any reference in this regulation to the river authority shall be constructed as including a reference to the Minister on appeal. Schedule - Applications for New Licences 1. (1) An application in pursuance of these regulations for a licence to abstract water from a source of supply in a river authority area shall include the particulars and be verified by the evidence hereafter prescribed, and shall be made to the river authority in accordance with the provisions of this Schedule. (2) The application and any accompanying documents, together with such additional number of copies (not exceeding two) as the river authority may require, shall be addressed to the Clerk of the authority and posted to or delivered at the river authority's principal office or such other place as the authority may direct. 2. (1) The application shall be accompanied by an ordnance map to a scale of not less than six inches to one mile for the purpose of showing the matters specified in the next sub-paragraph: Provided that the river authority may dispense with this requirement, or may accept a map to a smaller scale, if on the request of the applicant they are satisfied in the circumstances of the case that a map is unnecessary or, as the case may be, that a smaller scale will suffice. (2) There shall be shown clearly on the map (if any):
(3) In this Schedule the expression "relevant land", used in connection with section 27 of the Act, means land contiguous to the existing point of abstraction at which the applicant proposes to abstract from an inland water, or land consisting of or comprising underground strata and with access to the existing point of abstraction at which he proposes to abstract from those strata, being in either case land in relation to which the applicant claims such rights of occupation or access, actual or prospective, as satisfy the relevant conditions of section 27 (as modified by regulation 8). 3. (1) Subject to sub-paragraph (2) with respect to an application made by the holder of the original licence, the application shall include the following particulars:
(2) In the case of an application by the original holder in pursuance of regulation 6, or by a person who has become the holder of the original licence and who is entitled to make such an application by virtue of regulation 4(4), sub-paragraph (1) of this paragraph shall have effect with the following modifications:
4. (1) The application shall be accompanied by evidence for the purpose of satisfying the river authority with respect to such of the following matters as are contained in the application, or shall include a statement as to the nature of any evidence which the applicant can produce for that purpose if the authority shall so require:
(2) The application shall be accompanied by such information as the applicant is able to provide with respect to the following matters:
5. Regulation 10 of the Water Resources (Licences) Regulations 1965 shall have effect in relation to the application as if it were an application for a licence of right and as if the period therein prescribed for dealing with the application were a period of 3 months; and regulation 12 of those Regulations shall have effect in relation to any appeal to the Minister in pursuance of the application, but, save as aforesaid, Part II of the said Regulation of 1965 shall not have effect in relation to applications made in pursuance of these regulations. II - UNITED KINGDOM - Water Resources (Licences) Regulations, 1965 17.... (3) The register shall also contain, with respect to any person who by virtue of the provisions of section 32(1) or (5) of the Act, or of regulations under section 32(3) thereof, becomes the holder of a licence on succeeding to the occupation of land occupied by the previous licence holder or on transfer of the licence under section 32 (5), the following information, namely: that person's name and address, the serial number of the licence and the date on which he notified the river authority of the change in the occupation of the relevant land, or of the transfer of the licence, as the case may be.... III - TANZANIA - Water Utilization (General) Regulations, 1975 Form B - Notice of Apportionment of Water Right on Subdivision of Land - See Appendix I, page 320. IV - JAMAICA - Water resources regulations, 1995 16. Effect of succession to interests of licensee (1) Where any person succeeds to the interests of a holder of a licence granted under this Part (hereinafter referred to as "the original licensee") in circumstances, whether on the death of the original licensee or otherwise, such that the continued operation of those interests involves the question of a grant of a licence under this Part in like terms as that held by the original licensee, then, subject to paragraph (2), that person may apply to the Authority for such a licence. (2) An application under paragraph (1) shall be made to the Authority within thirty days of the applicants acquisition of the interest or such longer period, not exceeding ninety days as the Authority may in any case allow, and the Authority may, without going through the process required by regulation 3 (3) and regulation 4, grant the applicant a licence, if it thinks fit, on the terms applicable to the original licensee. (3) Where a person to whom paragraph (1) refers fails to notify the Authority within the time allowed under paragraph (2) or the Authority does not grant him a licence pursuant to that paragraph, such person shall not continue to abstract and use water except under and in accordance with a licence granted under regulation 5. V - UGANDA - Water Resources Regulations, 1998 7. Conditions attached to and transfer of water permits ... (3) A person who becomes the owner or occupier of any premises in respect of which a water permit exists shall continue to abstract water in accordance with the conditions and terms spelt out in that water permit for a period of three months from the date on which that person becomes the owner or occupier of the premises. (4) After the expiry of the period referred to in subregulation (3) of this regulation the Director shall, on receipt of a notification from the person referred to in subregulation (3), set out in Form D in the Fifth Schedule, grant that person a water permit on conditions which are not more onerous to the applicant than the conditions attached to the previous water permit relating to those premises and if the Director is satisfied that the purposes for which the premises are to be used and the amount of water required will not change in any material respect. Fifth schedule - Form D - Registration of transfer of water permit - See Appendix I, page 321. |