108No take notice

108 No take notice

108 No take notice

(1) For the Act, sections 115 and 115A(b), the provisions of this section are mandatory conditions imposed on an authority to which sections 106 and 107 apply.

(2) The holder may notify (a no take notice) the Minister, in an approved way—

(a) that the holder does not intend to arrange for or permit water to be taken in a way referred to in section 106(3)(a) or 107(1) during a period specified in the notice not exceeding more than 6 months, and

(b) at least 14 days before the beginning of the period.

(3) To avoid doubt, a no take notice may apply for more than one named month.

(4) A no take notice ceases to have effect if the holder arranges for or permits the water to be taken in a way referred to section 106(3)(a) or 107(1) during the period.

(5) If a holder has given a no take notice and the period has expired or the notice ceases to have effect during a named month, the holder must give the Minister in the approved way—

(a) a statement that the holder did not arrange for or permit the work to take water in a way referred to in section 106(3)(a) or 107(1)—

(i) during the period if the period has expired, or

(ii) during the previous named months in the period if the notice has ceased to have effect during a named month, and

(b) within 14 days of the period ending or the cessation taking effect.