Water Environment (Abstractions and Associated Impoundments) Act 2022

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Decision where application was subject to EIA

28. (1) Where an application for a licence under section 21 is subject to an EIA, the Agency, before making a decision under section 27 to grant or refuse the licence, shall—

(a) carry out an examination of—

(i) the information presented in the EIAR,

(ii) any supplementary information provided by the applicant,

(iii) any submissions or observations validly made in relation to the environmental effects of the abstraction in accordance with regulations under section 57 , and

(iv) if applicable, observations or information provided by the planning authority or the Board under section 25 ,

(b) take into account the views, if any, provided by any other Member State or a transboundary state following consultation in accordance with regulations under section 57 , and

(c) reach a reasoned conclusion on the significant effects of the abstraction on the environment.

(2) In the case of an application referred to in subsection (1), the Agency’s decision under section 27 (2) shall include—

(a) the reasoned conclusion on the significant effects of the abstraction on the environment, taking into account the results of the Agency’s examination of the EIAR and where appropriate, its own supplementary examination,

(b) any conditions relating to the environment, attached to the licence, which shall be proportionate to the nature, location and size of the project and the significance of its effects on the environment, including conditions regarding monitoring measures, parameters to be monitored and the duration of monitoring,

(c) a description of the features of the abstraction and measures, if any, envisaged to avoid, prevent, reduce or offset the significant adverse effects of the abstraction on the environment,

(d) the main reasons and considerations on which the decision is based, including—

(i) information on the public’s participation in the decision-making process,

(ii) a summary of the results of the consultations and the information gathered from the EIAR, submissions or observations made by members of the public and the views, if any, furnished by other states pursuant to regulations under section 57 , and

(iii) a description of how the results referred to in subparagraph (ii) have been incorporated or otherwise addressed by the Agency,

and

(e) information on the judicial review procedures under section 56 by which a person may seek to question the validity of the Agency’s decision.

(3) The Agency shall be satisfied that the reasoned conclusion referred to in subsection (2)(a) is still up to date when it makes its decision under section 27 (2).

(4) The Agency may, if appropriate to avoid duplication of monitoring, identify existing monitoring measures to be used for the purpose of subsection (2)(b).