Water Environment (Abstractions and Associated Impoundments) Act 2022
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Agency opinion that licence required | ||
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17. (1) The Agency shall give notice under subsection (10) to a person carrying out an abstraction that is less than the licensing threshold and that does not otherwise require a licence under paragraph (c) or (d) of section 15 (1) where the Agency has formed an opinion under and in accordance with this section that the abstraction is required to be subject to a licence in order to facilitate the proper regulation of the abstraction. | ||
(2) A public authority may give notice to the Agency of the opinion of the authority that an abstraction that is less than the licensing threshold and that does not otherwise require a licence under paragraph (c) or (d) of section 15 (1) is required to be subject to a licence in order to facilitate the proper regulation of the abstraction. | ||
(3) A notice under subsection (2) shall— | ||
(a) state the main reasons for the opinion of the public authority, | ||
(b) contain information concerning any impact or likely impact of the abstraction concerned on the performance of the functions of the public authority, and | ||
(c) be accompanied by such documents and information as may be relevant to the opinion of the public authority. | ||
(4) For the purpose of forming an opinion under subsection (1), the Agency may give notice to the person carrying out the abstraction requiring him or her to submit, within the period specified in the notice, such information relating to the abstraction as the Agency may reasonably require. | ||
(5) In forming an opinion under subsection (1), the Agency shall have regard to— | ||
(a) the sufficiency, for the purpose of the proper regulation of the abstraction, of regulations made under section 8 , | ||
(b) the reasons why a licence is not required under paragraph (c) or (d) of section 15 (1), | ||
(c) the information contained in any notice under subsection (2), | ||
(d) information provided by the person carrying out the abstraction under subsection (4), | ||
(e) the River Basin Management Plan, and | ||
(f) any other matter the Agency considers relevant. | ||
(6) The Agency may consult with such persons as the Agency considers appropriate prior to forming an opinion under subsection (1). | ||
(7) The Agency shall give notice to the person carrying out the abstraction of its proposed opinion that the abstraction is required to be subject to a licence to facilitate its proper regulation and where a notice is given under subsection (2) in relation to the abstraction, a copy of that notice. | ||
(8) The Agency shall, where a notice is given under subsection (2), consult the public authority concerned and the Agency shall give notice to the public authority of its proposed opinion under subsection (1). | ||
(9) A notice under subsection (7) or (8) shall— | ||
(a) state the main reasons for the proposed opinion of the Agency, and | ||
(b) invite the person carrying out the abstraction or the public authority, if applicable, to make observations, in writing, in relation to the proposed opinion and any other matter relating to the abstraction not later than 6 weeks from the date of the notice. | ||
(10) The Agency shall, having considered any observations made under subsection (9)(b), give notice to the person carrying out the abstraction and, where applicable, to the public authority concerned of— | ||
(a) its opinion that— | ||
(i) the abstraction requires a licence, or | ||
(ii) the abstraction does not require a licence, | ||
and | ||
(b) the main reasons for that opinion. | ||
(11) In the case of an opinion referred to in subsection (10)(a)(i), the notice shall require the person carrying out the abstraction to make an application for a licence under this Part. |