Water Environment (Abstractions and Associated Impoundments) Act 2022

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Identification of significant abstractions

18. (1) A significant abstraction means an abstraction that the Agency determines, following an assessment under subsection (3), on its own or together with other abstractions—

(a) alters, or is likely to alter, the hydrological regime of a body of surface water or a body of groundwater such that the water body fails or is likely to fail to meet its environmental objectives,

(b) alters or modifies, or is likely to alter or modify, the flow condition, continuity or morphological condition of a body of surface water as a result of the existence or operation of an associated impoundment, such that the water body fails or is likely to fail to meet its environmental objectives, or

(c) causes or is likely to cause a protected area to fail to achieve its environmental objectives.

(2) A person shall give notice to the Agency where he or she intends to carry out an abstraction that meets or exceeds the registration threshold and is less than the licensing threshold (in this section referred to as a “proposed abstraction”).

(3) For the purpose of determining if an abstraction is a significant abstraction, the Agency shall assess each—

(a) proposed abstraction notified to it under subsection (2), and

(b) abstraction in the part of the register referred to in section 10 (2)(a).

(4) In carrying out an assessment under subsection (3), the Agency shall have regard to—

(a) in the case of an abstraction from a body of surface water—

(i) the hydrological regime of the body of surface water and the impact of the abstraction on river continuity and the morphological condition of that water body, and

(ii) the impact or likely impact of the abstraction on the applicable biological quality elements set out in Schedule 5 to the Regulations of 2009,

(b) in the case of an abstraction from a body of groundwater—

(i) changes or likely changes to the level of the body of groundwater, taking account of the available groundwater resource and the long-term annual average rate of abstraction,

(ii) the balance between the abstraction and the recharge of water in the body of groundwater,

(iii) the impact or likely impact of the abstraction on the status of surface waters which are hydrologically connected to the body of groundwater,

(iv) the impact or likely impact of the abstraction on a terrestrial ecosystem which depends directly on the body of groundwater, and

(v) any sustained alteration to the flow direction of water which may cause salt water or other intrusion to the body of groundwater,

and

(c) in the case of all abstractions—

(i) the impact or likely impact of the abstraction on a protected area,

(ii) the results of monitoring programmes undertaken under Article 10 of the Regulations of 2003, and

(iii) the results of analyses and reviews undertaken under Article 7 of the Regulations of 2003.

(5) For the purposes of an assessment under subsection (3), the Agency may give notice to the person referred to in subsection (2) 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, including information in relation to—

(a) the proposed period for which the abstraction is intended to operate,

(b) the maximum daily rate that is possible having regard to the existing or proposed infrastructure,

(c) seasonal and temporal variations in the rate of abstraction, and

(d) the operation of any associated impoundment and any related works.

(6) The Agency shall give notice to the person referred to in subsection (2) or to the person carrying out the abstraction where the Agency is of the opinion that the abstraction is likely to be a significant abstraction and the Agency shall invite the person to make observations in writing, in relation to that opinion, not later than 6 weeks from the date of the notice.

(7) The Agency shall, within 2 months of receipt of a notice under subsection (2) or the date of receipt of observations under subsection (6), whichever occurs later and having considered any observations made under subsection (6), determine whether a proposed abstraction is a significant abstraction and the Agency shall give notice accordingly to the person referred to in subsection (2).

(8) The Agency shall, as soon as practicable and having considered any observations made under subsection (6), determine whether an abstraction referred to in subsection (3)(b) is a significant abstraction and the Agency shall give notice accordingly to the person carrying out the abstraction.

(9) The Agency shall, not less than once in every period of 6 years, review its assessment of an abstraction under subsection (3) and subsections (4) and (6) shall apply to a review under this subsection as they apply to an assessment under subsection (3) subject to any necessary modifications.

(10) Where the Agency determines, following a review under subsection (9) and having considered any observations made under subsection (6), that the abstraction—

(a) is no longer a significant abstraction, the Agency shall give notice to the licensee that the licence is no longer required, or

(b) has become a significant abstraction, the Agency shall give notice to the person carrying out the abstraction of its determination.

(11) Where the Agency determines that an abstraction is a significant abstraction under subsection (7), (8) or (10)(b), a notice under those subsections shall—

(a) state the main reasons for the Agency’s determination, and

(b) require the person carrying out the abstraction or the person referred to in subsection (2), as the case may be, to make an application for a licence under this Part.