Water Environment (Abstractions and Associated Impoundments) Act 2022

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PART 5

Licensing of abstractions

Chapter 1

Abstractions requiring licence

Interpretation (Part 5)

14. (1) In this Part—

“combined application for a licence” has the meaning given to it by section 37 (1);

“development plan” has the same meaning as it has in the Act of 2000;

“EIA portal” has the same meaning as it has in the Act of 2000;

“EIAR” means an environmental impact assessment report of the effects on the environment, if any, which can reasonably be expected to occur because of the proposed abstraction and prepared in accordance with section 23 (2) and regulations made under section 57 ;

“EIA” means an environmental impact assessment—

(a) consisting of—

(i) the preparation of an EIAR by the applicant,

(ii) the carrying out of consultations in accordance with this Act and regulations made under section 57 ,

(iii) the examination by the Agency of—

(I) the information presented in the EIAR,

(II) any supplementary information provided, where necessary, by the applicant in accordance with section 23 (6) or section 26 (1), and

(III) any relevant information received through the consultations carried out pursuant to subparagraph (ii),

(iv) the reasoned conclusion of the Agency on the significant effects of the proposed abstraction on the environment, taking into account the results of the examination carried out pursuant to subparagraph (iii) and, where appropriate, its own supplementary examination, and

(v) the integration of the reasoned conclusion of the Agency into the Agency’s decision on the licence application,

and

(b) which includes an examination, analysis and evaluation, carried out by the Agency in accordance with this Act and regulations made under section 57 , that identifies, describes and assesses, in an appropriate manner, in the light of each individual case, the direct and indirect significant effects of the proposed abstraction, including significant effects derived from the vulnerability of the abstraction to risks of major accidents and disasters relevant to it on—

(i) population and human health,

(ii) biodiversity, with particular attention to species and habitats protected under the Habitats Directive and the Birds Directive,

(iii) land, soil, water, air and climate,

(iv) material assets, cultural heritage and the landscape, and

(v) the interaction between the factors mentioned in subparagraphs (i) to (iv);

“grant of permission” means—

(a) a grant of permission for development under Part III of the Act of 2000,

(b) an approval for development under section 175, 177AE, 181(2L), 181B, 182B, 182D or 226 of the Act of 2000, or

(c) a grant of substitute consent under section 177K of the Act of 2000;

“local area plan” has the same meaning as it has in the Act of 2000;

“retrospective EIA” means a retrospective environmental impact assessment—

(a) consisting of—

(i) the identification of the existence of exceptional circumstances within the meaning of section 30 (3),

(ii) the preparation of a retrospective EIAR by the applicant,

(iii) the carrying out of consultations in accordance with this Act and regulations made under section 57 ,

(iv) the examination by the Agency of—

(I) the information presented in the retrospective EIAR,

(II) any supplementary information provided, where necessary, by the applicant in accordance with section 23 (6), as modified by section 31 (3), or section 40 (2) as the case may be, section 26 (1), as modified by section 34 , section 30 (2) or that section as modified by section 39 (2) as the case may be, and section 43 (1), and

(III) any relevant information received through the consultations carried out pursuant to subparagraph (iii),

(v) the reasoned conclusion of the Agency on the significant effects of the abstraction on the environment, taking into account the results of the examination carried out pursuant to subparagraph (iv) and, where appropriate, its own supplementary examination, and

(vi) the integration of the reasoned conclusion of the Agency into the Agency’s decision on the licence application,

and

(b) which includes an examination, analysis and evaluation, carried out by the Agency in accordance with this Act and regulations made under section 57 , that identifies, describes and assesses, in an appropriate manner, in the light of each individual case, the direct and indirect significant effects of the abstraction, including significant effects derived from the vulnerability of the abstraction to risks of major accidents and disasters relevant to it on—

(i) population and human health,

(ii) biodiversity, with particular attention to species and habitats protected under the Habitats Directive and the Birds Directive,

(iii) land, soil, water, air and climate,

(iv) material assets, cultural heritage and the landscape,

(v) the interaction between the factors mentioned in subparagraphs (i) to (iv);

“retrospective EIAR” means a retrospective environmental impact assessment report of the effects on the environment, if any, which have occurred, which are occurring or which can reasonably be expected to occur because of the abstraction and prepared in accordance with section 31 (2) and regulations made under section 57 ;

“retrospective screening determination” has the meaning given to it by section 32 (1);

“revised abstraction” has the meaning given to it by section 15 (5);

“screening determination” has the meaning given to it by section 24 (1).

(2) For the purposes of Part 5 , Schedules 6, 7 and 7A to the Regulations of 2001 shall apply to an abstraction as they apply to a development, subject to the following modifications—

(a) subject to paragraph (b), a reference in those Schedules to a development shall be read as a reference to an abstraction,

(b) a reference to development in paragraph 1(b) and paragraph 3(g) of Schedule 7 shall be read as including a reference to an abstraction, and

(c) any other necessary modifications.