Water Environment (Abstractions and Associated Impoundments) Act 2022

Retrospective screening determination

32. (1) Where the Agency receives an application for a licence for an abstraction of a class specified in section 29 (3)(b) and that application does not include a retrospective EIAR, the Agency shall determine whether or not the abstraction has had or is likely to have significant effects on the environment (in this Part referred to as a “retrospective screening determination”).

(2) Subsections (2) to (7) of section 24 shall apply to an application for a licence referred to in subsection (1) and to a retrospective screening determination as they apply to a screening determination, subject to—

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

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

(c) the modification that, in section 24 (5)(a), the words “the abstraction has had or is likely to have” shall be substituted for the words “the abstraction is likely to have”,

(d) the modification that, in section 24 (5)(b), the words “the abstraction has not had or is not likely to have” shall be substituted for the words “the abstraction is not likely to have”, and

(e) any other necessary modifications.