39 Obligation to have regard to existing rights and privileges

39  Obligation to have regard to existing rights and privileges

(1)     [Subject to subsection (1A) below,] the [appropriate agency] shall not, except with the consent of the person entitled to the rights, grant a licence so authorising—

(a)     the abstraction of water; or

(b)     the flow of any inland waters to be obstructed or impeded by means of impounding works,

as to derogate from any rights which, at the time when the application is determined by the [appropriate agency], are protected rights for the purposes of this Chapter.

[(1A)     Subsection (1) above

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