Water Environment (Abstractions and Associated Impoundments) Act 2022

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Coordination of EIA with planning authority or Board

25. (1) In subsections (2) to (6), “environmental impact assessment”, “environmental impact assessment report” and “permission” have the same meanings as in the Act of 2000.

(2) Where an application for a licence under section 21 (1) is made to the Agency in respect of an abstraction that involves development or proposed development for which a grant of permission is required, the applicant shall, as soon as practicable, submit to the Agency—

(a) confirmation in writing from a planning authority or the Board that an application for permission comprising or for the purposes of the abstraction is currently under consideration by the planning authority concerned or the Board, and in that case, shall also submit to the Agency either—

(i) a copy of the environmental impact assessment report where one is required by or under the Act of 2000 relating to that application for permission, or

(ii) confirmation in writing from the planning authority or the Board that an environmental impact assessment is not required by or under the Act of 2000,

or

(b) a copy of a grant of permission comprising or for the purposes of the abstraction that was issued by the planning authority concerned or the Board and in that case shall also submit to the Agency either—

(i) where the planning authority or the Board accepted or required the submission of an environmental impact assessment report in relation to the application for permission, a copy of the environmental impact assessment report, or

(ii) confirmation in writing from the planning authority or the Board that an environmental impact assessment was not required by or under the Act of 2000.

(3) Where an application for a licence is made to the Agency in respect of an abstraction that involves development or proposed development for which a grant of permission is required but the applicant does not comply with subsection (2), the Agency shall refuse to consider the application and shall inform the applicant accordingly.

(4) The Agency, on receipt of an application where an environmental impact assessment report is required under subsection (2)(a)(i), shall—

(a) within 2 weeks after the date of receipt of such application, give notice to the planning authority in whose functional area the abstraction is or will be situate or the Board, that it has received an application to which subsection (2)(a)(i) applies and request the planning authority or the Board, within 4 weeks after receipt of the notice, to furnish to the Agency any observations that the planning authority or the Board has in relation to the application for a licence,

(b) consider any observations made to the Agency by the planning authority or the Board following a request under paragraph (a) before giving notice of its proposed decision under section 27 ,

(c) enter into consultations, as the Agency considers appropriate, with the planning authority or the Board in relation to any environmental impacts of the proposed development, and

(d) ensure that a grant of permission has been made or a decision has been made to refuse a grant of permission for development comprising or for the purposes of the abstraction to which the application relates and the period for any appeal under section 37 of the Act of 2000 has expired without an appeal being made before giving notice of its proposed decision under section 27 .

(5) The Agency, on receipt of an application where an environmental impact assessment report was required under subsection (2)(b)(i), shall—

(a) within 2 weeks after the date of receipt of such application, give notice to the planning authority in whose functional area the abstraction is or will be situate or the Board, that it has received an application to which subsection (2)(b)(i) applies and request the planning authority or the Board to respond to the Agency within 4 weeks after receipt of the notice—

(i) stating whether the abstraction is permitted by the grant of permission referred to in subsection (2)(b),

(ii) furnishing all documents relating to the environmental impact assessment carried out by the planning authority or the Board in respect of the development or proposed development to which the grant of permission referred to in subsection (2)(b) refers, and

(iii) furnishing any observations that the planning authority or the Board wishes to make in relation to the application for a licence,

(b) consider the statement and documents furnished to the Agency and any observations made to the Agency by the planning authority or the Board following a request under paragraph (a) before giving notice of its proposed decision under section 27 , and

(c) enter into consultations, as the Agency considers appropriate, with the planning authority or the Board in relation to any environmental impacts of the development comprising or for the purposes of the abstraction to which the application relates.

(6) Where—

(a) a planning authority or the Board gives notice to the Agency of an application for permission comprising or for the purposes of an abstraction that is the subject of an application for a licence under section 21 (1), and

(b) the application for permission is accompanied by an environmental impact assessment report or an environmental impact assessment report was sought by the planning authority or the Board in relation to the application,

the Agency shall—

(i) satisfy itself that the development or proposed development the subject of the application for permission is development comprising or for the purposes of an abstraction that is the subject of an application for a licence under section 21 (1),

(ii) forward to the planning authority or the Board, as the case may be, such observations as it has on the application for permission, including the environmental impact assessment report, and

(iii) enter into such consultations with the planning authority or the Board in relation to the environmental impacts of the proposed development as the Agency, the planning authority or the Board consider necessary to enable completion of the environmental impact assessment.

(7) Where a planning authority or the Board, in relation to an application for permission comprising or for the purposes of an abstraction that is the subject of an application for a licence under section 21 (1), is obliged under the Act of 2000 to make a determination whether an environmental impact assessment is required, the Agency shall, when requested by the planning authority or the Board, consult with or provide observations to that planning authority or the Board for the purpose of its deliberations in relation to the determination and the Agency shall accept the determination of the planning authority or the Board so made.

(8) Where an application for a licence under section 21 (1) is made to the Agency in respect of an abstraction that involves development or proposed development for which a grant of permission is not required and an EIAR is submitted to the Agency in accordance with paragraph (a) or (b) of section 23 (1), the Agency shall—

(a) within 2 weeks after the date of receipt of the report, give notice to the planning authority in whose functional area the abstraction is or will be situate, that it has received an EIAR in respect of the application for a licence and request the planning authority, within 4 weeks after receipt of the notice, to furnish to the Agency any observations that the planning authority has in relation to the EIAR and the application for a licence,

(b) before giving notice of its proposed decision under section 27 , consider any observations made to the Agency by the planning authority following a request under paragraph (a), and

(c) enter into consultations, as the Agency considers appropriate, with the planning authority in relation to any environmental impacts of the development or proposed development comprising or for the purposes of the abstraction to which the application relates.