Water Environment (Abstractions and Associated Impoundments) Act 2022

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EIAR for an abstraction

23. (1) Where an application for a licence is subject to an EIA under section 21 (3), the applicant shall submit, in electronic form, an EIAR to the Agency—

(a) where the application is in respect of an abstraction specified in section 21 (3)(a), at the time of the application for a licence under section 21 (1), or

(b) where the application is in respect of an abstraction specified in section 21 (3)(b), within such period as may be specified by the Agency in a screening determination under section 24 .

(2) The applicant shall ensure that an EIAR—

(a) is prepared by competent experts,

(b) subject to subsection (3), contains the following information:

(i) a description of the abstraction comprising information on the site, design, size and other relevant features of the abstraction;

(ii) a description of the likely significant effects of the abstraction on the environment;

(iii) a description of any features of the abstraction and of any measures envisaged in order to avoid, prevent or reduce and, if possible, offset likely significant adverse effects on the environment;

(iv) a description of the reasonable alternatives studied by the applicant which are relevant to the abstraction and its specific characteristics, and an indication of the main reasons for the option chosen, taking into account the effects of the abstraction on the environment;

(v) any additional information specified in paragraph 2 of Schedule 6 to the Regulations of 2001 that is relevant to the specific characteristics of the abstraction and to the environmental features likely to be affected;

(vi) a non-technical summary of the information referred to in subparagraph (i) to (v);

(vii) a reference list detailing the sources used for the descriptions and assessments included in the report,

and

(c) takes into account the available results of other relevant assessments carried out pursuant to European Union legislation or any enactment with a view to avoiding duplication of assessments.

(3) The applicant may, in accordance with regulations under section 57 , request the Agency to issue an opinion on the scope and level of detail of the information to be included in the EIAR and where the Agency issues such an opinion, the EIAR shall be based on that opinion and shall include the information that may reasonably be required for reaching a reasoned conclusion on the significant effects of the abstraction on the environment, taking into account current knowledge and methods of assessment.

(4) In carrying out an EIA, the Agency shall ensure it has, or has access as necessary to, sufficient expertise to examine the EIAR to ensure its completeness and quality and may have regard to and adopt in whole or in part any reports prepared by its officials or by consultants, experts or other advisers.

(5) The Agency shall consider whether an EIAR submitted under this section identifies and describes adequately the likely direct and indirect significant effects of the abstraction on the environment.

(6) The Agency may give notice to the applicant requiring him or her to submit, within the period specified in the notice, any additional information specified in Schedule 6 to the Regulations of 2001 which is necessary to ensure the completeness and quality of the EIAR and which is directly relevant to enable the Agency to reach a reasoned conclusion on the significant effects of the abstraction on the environment.