Water Environment (Abstractions and Associated Impoundments) Act 2022
|
Exceptionality test | ||
|
30. (1) An application for a licence that requires a retrospective EIA under section 29 (3) shall not be granted unless the Agency is satisfied that exceptional circumstances exist such that it is appropriate to carry out a retrospective EIA. | ||
(2) The Agency may give notice to an applicant requiring him or her to submit, within the period specified in the notice, any information that the Agency considers necessary for the purposes of this section. | ||
(3) In considering whether exceptional circumstances exist under subsection (1), the Agency shall have regard to the following matters: | ||
(a) whether carrying out a retrospective EIA would circumvent the purpose and objectives of the EIA Directive; | ||
(b) whether the ability to carry out an EIA and the ability of the public to participate in that process has been substantially impaired; | ||
(c) the actual or likely significant effects on the environment or adverse effects on the integrity of a European site resulting from the abstraction; | ||
(d) whether the abstraction is being or has been managed and operated in accordance with a previous authorisation, if applicable; | ||
(e) whether the applicant has complied with previous licenses issued by the Agency under any enactment; | ||
(f) such other matters as the Agency considers relevant. | ||
(4) Where the Agency is not satisfied that exceptional circumstances exist, the Agency shall not carry out a retrospective EIA and the application for a licence shall be refused under section 35 . | ||
(5) Where information required by the Agency under subsection (2) is not submitted by the applicant within the period specified, or any further period as may be specified by the Agency, the application for a licence shall be deemed to be withdrawn. |