Water Environment (Abstractions and Associated Impoundments) Act 2022
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Chapter 3 Licence application requiring retrospective EIA or screening for retrospective EIA | ||
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Application for licence requiring retrospective EIA or screening for retrospective EIA | ||
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29. (1) A person referred to in section 15 (4) shall— | ||
(a) make an application to the Agency for a licence within the period specified in that subsection, 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), where that application is accompanied by a retrospective EIAR, or | ||
(b) the submission of a retrospective EIAR following a retrospective screening determination. | ||
(3) A retrospective EIA shall be carried out by the Agency in respect of an application for a licence under subsection (1)(a) where the abstraction is of a class specified in— | ||
(a) Part 1 or Part 2 of Schedule 5 to the Regulations of 2001 and the abstraction would equal or exceed any relevant quantity or area specified in that Part and an environmental impact assessment should have been carried out prior to, or after, the commencement of the abstraction, or | ||
(b) Part 2 of Schedule 5 to the Regulations of 2001 but does not equal or exceed the relevant quantity or area specified in that Part such that a determination as to whether an environmental impact assessment was required should have been made prior to, or after, the commencement of the abstraction and the Agency determines that the abstraction has had or is likely to have significant effects on the environment. | ||
(4) The Agency shall, where appropriate, coordinate a retrospective EIA with any other assessment of the abstraction under the Regulations of 2011. |