Water Environment (Abstractions and Associated Impoundments) Act 2022
|
Submission of information to Agency | ||
|
11. (1) A person who carries out an abstraction referred to in section 10 (2)(a) shall give notice of that abstraction to the Agency, in such manner and form as the Agency may specify, within one month of the commencement of the abstraction, for entry by the Agency in the register. | ||
(2) Information submitted to the Agency under subsection (1) shall, in the case of a single abstraction, be submitted in respect of each abstraction point. | ||
(3) Where an abstraction which meets or exceeds the registration threshold and its associated impoundment are carried out and operated by different persons, information submitted to the Agency under subsection (1) shall be submitted— | ||
(a) by the person carrying out the abstraction, on the persons own behalf and on behalf of the person operating the associated impoundment, or | ||
(b) jointly by both of those persons, | ||
and in both cases each person shall be responsible jointly and severally for the accuracy of the information so submitted. | ||
(4) A notice under subsection (1) shall— | ||
(a) state the name, address and contact details of the person or persons carrying out the abstraction, | ||
(b) state the postal address and location, including the grid coordinates, of the abstraction point, | ||
(c) state the name, address and contact details, if applicable, of a person registering the abstraction on behalf of the person referred to in paragraph (a), | ||
(d) contain details in relation to the source and purpose of the abstraction, | ||
(e) include copies of any planning permission, other authorisations or court orders relating to the abstraction, | ||
(f) specify the maximum daily rate, and | ||
(g) include such other information as the Agency may require, including the proposed duration of the abstraction and details of any associated impoundment. | ||
(5) The Agency shall, as soon as is practicable after the particulars of an abstraction have been entered in the register, issue a registration number to the person carrying out the abstraction. | ||
(6) An abstraction referred to in section 10 (2)(a) may be transferred by the person who carries out the abstraction to any person provided the first mentioned person— | ||
(a) gives notice to the Agency of the transfer within one month after the date of that transfer, | ||
(b) provides such particulars in relation to the transfer as the Agency may require, and | ||
(c) provides information relating to the abstraction, including the registration number, to the person to whom the abstraction is to be transferred. | ||
(7) Where an abstraction is transferred under subsection (6), the person to whom that abstraction is transferred shall within one month after the date of the transfer give notice to the Agency of any change to the information specified in subsection (4) and the Agency shall amend the register as it considers necessary. | ||
(8) Where a person ceases carrying out an abstraction referred to in section 10 (2)(a), he or she shall give notice to the Agency of the cessation within one month after the date of that cessation and the Agency shall amend the register as it considers necessary. | ||
(9) The entry of an abstraction in the register shall not be construed as authorising that abstraction. | ||
(10) A person who fails to comply with subsection (1), (6), (7) or (8) shall be guilty of an offence. |