Water Environment (Abstractions and Associated Impoundments) Act 2022
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Requirement for a licence to abstract | ||
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15. (1) A person shall require a licence under this Act to carry out— | ||
(a) an abstraction that meets or exceeds the licensing threshold, | ||
(b) an abstraction that requires a licence as determined by the Agency under section 17 (10)(a)(i), | ||
(c) a significant abstraction, or | ||
(d) an abstraction that requires a licence as determined by the Agency under section 19 . | ||
(2) A person who— | ||
(a) continues to carry out, after the coming into operation of this section, an abstraction specified in subsection (1)(a) that he or she was carrying out immediately before that coming into operation shall, subject to subsection (4), make an application for a licence under section 21 no later than 6 months after the coming into operation of this section, or | ||
(b) intends to carry out, after the coming into operation of this section, an abstraction specified in subsection (1)(a), shall make an application for a licence under section 21 and he or she shall not commence that abstraction until the licence has been granted. | ||
(3) Subject to subsection (4), where the Agency makes a determination that an abstraction is an abstraction specified in paragraph (b), (c) or (d) of subsection (1), the person who carries out that abstraction shall make an application for a licence under section 21 no later than 6 months after the date on which the Agency makes that determination. | ||
(4) A person who was carrying out, immediately before the coming into operation of this section, and who continues to carry out, after the coming into operation of this section, an abstraction that is an abstraction— | ||
(a) specified in paragraph (a), (b), (c) or (d) of subsection (1), and | ||
(b) of a class specified in— | ||
(i) paragraph (a) of section 29 (3), or | ||
(ii) Part 2 of Schedule 5 to the Regulations of 2001 but does not equal or exceed, as the case may be, the relevant quantity or area specified in that Part such that a determination as to whether an environmental impact assessment was required should have been made prior to, or after, the commencement of the abstraction, | ||
shall, subject to subsection (5), make an application for a licence under section 29 , in the case of an abstraction specified in paragraph (a) of subsection (1), no later than 6 months after the coming into operation of this section, or in the case of an abstraction specified in paragraph (b), (c) or (d) of subsection (1), no later than 6 months after the date on which the Agency makes the determination concerned. | ||
(5) A person referred to in subsection (4) shall make an application for a licence under section 37 where he or she intends to increase or vary the abstraction referred to in subsection (4) (in this Part referred to as a “revised abstraction”), in the case of an abstraction specified in paragraph (a) of subsection (1), no later than 6 months after the coming into operation of this section, or, in the case of an abstraction specified in paragraph (b), (c) or (d) of subsection (1), no later than 6 months after the date on which the Agency makes the determination concerned. | ||
(6) A person shall not commence a revised abstraction until a licence has been granted under section 44 for that abstraction. | ||
(7) The Agency may, as it considers appropriate, on the written application of the person carrying out the abstraction, extend the period referred to in subsection (2)(a), (3), (4) or (5). | ||
(8) A person who fails to comply with any of subsections (2) to (6) shall be guilty of an offence. |