Commentary on provisions of the Act Schedule 21: Water Water abstraction and impounding
Paragraphs 1 and 2 disapply sections of the Water Resources Act 1991 with regards to works authorised by this Act. These provisions require consent for the abstraction or impoundment of water.
	Paragraph 3 relates to loss or damage caused by the abstraction of water. Section 48A(1) of the Water Resources Act 1991, containing a duty not to cause loss, is disapplied in relation to any power authorised by this Act. However, if the nominated undertaker does cause loss or damage and the conditions around this would have breached the duty in section 48A(1), then the nominated undertaker must compensate the affected party, under paragraph 3(2). Paragraph 3(3) states how such compensation should be determined.
	Paragraph 3(4) disapplies the prohibition under section 48A(5) of the Water Resources Act 1991 on making claims in respect of loss or damage. This allows for claims for compensation to be made under this paragraph of this Act and those others listed.