Water Environment (Abstractions and Associated Impoundments) Act 2022

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Screening determination

24. (1) Where the Agency receives an application for a licence in respect of an abstraction of a class specified in section 21 (3)(b), and that application does not include an EIAR, the Agency shall, where the application does not involve development or proposed development for which a grant of permission is required, determine whether or not the abstraction is likely to have significant effects on the environment (in this Part referred to as a “screening determination”).

(2) An application referred to in subsection (1) shall contain the following information:

(a) a description of the nature and extent of the abstraction;

(b) its characteristics;

(c) its likely significant effects on the environment (including the information specified in Schedule 7A to the Regulations of 2001); and

(d) where relevant, information on how the available results of other relevant assessments of the effects on the environment carried out pursuant to any enactment or under European Union legislation (other than the EIA Directive) have been taken into account.

(3) In addition to the information specified in subsection (2), the application may contain a description of the features, if any, of the abstraction and the measures, if any, incorporated or envisaged to avoid or prevent what might otherwise be or have been significant adverse effects on the environment.

(4) Before making a screening determination, the Agency shall have regard to—

(a) the criteria for determining whether the abstraction should be subject to an EIA, specified in Schedule 7 to the Regulations of 2001,

(b) the information submitted under subsections (2) and (3),

(c) the environmental objectives for the water body concerned,

(d) the groundwater status or surface water status of the source of the abstraction and the likely impact of the abstraction on that water status,

(e) its assessment and determination under section 18 , if applicable, and

(f) in respect of an abstraction which would be located on, or in, or have the potential to impact on—

(i) a European site,

(ii) land the subject of a notice under section 16 (2)(b) of the Wildlife (Amendment) Act 2000 ,

(iii) land designated as a natural heritage area under section 18 of the Wildlife (Amendment) Act 2000 ,

(iv) land established or recognised as a nature reserve within the meaning of section 15 or 16 of the Wildlife Act 1976 ,

(v) land designated as a refuge for flora or as a refuge for fauna under section 17 of the Wildlife Act 1976 ,

(vi) a place, site or feature of ecological interest, the preservation, conservation or protection of which is an objective of a development plan or local area plan, draft development plan or draft local area plan, or proposed variation of a development plan, for the area in which the abstraction is proposed, or

(vii) a place or site which has been included by the Minister in a list of proposed Natural Heritage Areas published on the National Parks and Wildlife Service website,

the likely significant effects of the abstraction on such site, land, place or feature, as appropriate.

(5) Where the Agency determines under subsection (1) that—

(a) the abstraction is likely to have significant effects on the environment, the application shall be subject to an EIA and the Agency shall specify in its screening determination—

(i) the main reasons for that determination with reference to the relevant criteria specified in Schedule 7 to the Regulations of 2001, and

(ii) the period within which an EIAR is to be submitted to the Agency,

or

(b) the abstraction is not likely to have significant effects on the environment, the application shall not be subject to an EIA and the Agency shall specify in its screening determination—

(i) the main reasons for that determination with reference to the relevant criteria specified in Schedule 7 to the Regulations of 2001, and

(ii) any features of the abstraction and measures proposed by the applicant to avoid or prevent significant adverse effects on the environment.

(6) Subject to subsection (7), the Agency shall give notice to the applicant of its screening determination as soon as practicable and within 8 weeks after the date on which the applicant has submitted all of the information required under subsection (2).

(7) The Agency may, in exceptional cases, including where it is justified by the nature, complexity, location or size of the abstraction, extend the 8 week period referred to in subsection (6) and in such cases, it shall inform the applicant in writing of the reasons justifying the extension and of the date when its screening determination can be expected.