Water Environment (Abstractions and Associated Impoundments) Act 2022

Chapter 2

Licence application and EIA

Application for licence for abstraction

21. (1) A person referred to in subsection (2) or (3) of section 15 shall—

(a) make an application to the Agency for a licence within the period specified in that subsection, as the case may be, and

(b) publish notice of the application in the prescribed form.

(2) The applicant shall provide the prescribed information in electronic form to the EIA portal prior to—

(a) the making of an application under subsection (1)(a), where that application is accompanied by an EIAR, or

(b) the submission of an EIAR following a screening determination.

(3) Subject to section 22 , an EIA shall be carried out by the Agency in respect of an application for a licence under subsection (1) where the abstraction is of a class—

(a) specified in Part 1 or Part 2 of Schedule 5 to the Regulations of 2001 and the abstraction would equal or exceed, as the case may be, any relevant quantity or area specified in that Part, or

(b) specified in 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 and the Agency, the planning authority or the Board determines that the abstraction is likely to have significant effects on the environment.