Water Environment (Abstractions and Associated Impoundments) Act 2022

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Retrospective EIAR

31. (1) Where an application for a licence is subject to a retrospective EIA under section 29 (3), the applicant shall submit, in electronic form, a retrospective EIAR to the Agency—

(a) where the application is in respect of an abstraction specified in section 29 (3)(a), at the time of the application for a licence under section 29 (1), or

(b) where the application is in respect of an abstraction specified in section 29 (3)(b), within such period as may be specified by the Agency in a retrospective screening determination under section 32 .

(2) The applicant shall ensure that a retrospective EIAR—

(a) is prepared by competent experts,

(b) subject to subsection (3), contains the following:

(i) a statement of the significant effects, if any, on the environment, which have occurred or which are occurring or which can reasonably be expected to occur because of the abstraction;

(ii) details of—

(I) any appropriate remedial measures undertaken or proposed to be undertaken by the applicant to remedy any significant adverse effects on the environment, and

(II) the period within which any proposed remedial measures will be carried out by or on behalf of the applicant;

(iii) the information specified in section 23 (2)(b), subject to any necessary modifications,

and

(c) takes into account the available results of other relevant assessments carried out pursuant to European Union legislation or any enactment with a view to avoiding duplication of assessments.

(3) Subsections (3) to (6) of section 23 shall apply to a retrospective EIAR as they apply to an EIAR, subject to—

(a) the modification that a reference in those subsections to an EIA shall be read as a reference to a retrospective EIA,

(b) the modification that a reference in those subsections to an EIAR shall be read as a reference to a retrospective EIAR, and

(c) any other necessary modifications.