Water Environment (Abstractions and Associated Impoundments) Act 2022
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Chapter 4 Combined application for a licence and EIA | ||
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Combined application for licence | ||
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37. (1) A person referred to in section 15 (5) shall make an application for a licence for— | ||
(a) an abstraction referred to in section 15 (4) (in this Chapter referred to as an “existing abstraction”), and | ||
(b) a revised abstraction, | ||
in one application (in this Part referred to as a “combined application for a licence”). | ||
(2) Where an applicant makes a combined application for a licence, he or she shall— | ||
(a) make an application to the Agency within the period specified in section 15 (5), and | ||
(b) publish notice of the application in the prescribed form. | ||
(3) A combined application for a licence may be subject to— | ||
(a) a retrospective EIA by the Agency in respect of the existing abstraction, and | ||
(b) an EIA by the Agency in respect of the revised abstraction, or where the revised abstraction involves development or proposed development, an EIA by the planning authority or the Board under the Act of 2000. | ||
(4) The applicant shall provide the prescribed information in electronic form to the EIA portal prior to— | ||
(a) the making of an application under subsection (2), where that application is accompanied by a retrospective EIAR or an EIAR, or | ||
(b) the submission of a retrospective EIAR or an EIAR following a determination by the Agency, the planning authority or the Board that the existing abstraction or the revised abstraction has had or is likely to have significant effects on the environment. | ||
(5) A retrospective EIA shall be carried out by the Agency in respect of an existing abstraction where the abstraction is of a class— | ||
(a) specified in Part 1 or Part 2 of Schedule 5 to the Regulations of 2001 and the abstraction would equal or exceed, as the case may be, 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) specified in Part 2 of Schedule 5 to the Regulations of 2001 but does not equal or exceed, as the case may be, 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. | ||
(6) An EIA shall be carried out by the Agency in respect of a revised abstraction where the abstraction, on its own or together with the existing abstraction, is of a class— | ||
(a) specified in Part 1 or Part 2 of Schedule 5 to the Regulations of 2001 and the abstraction would equal or exceed, as the case may be, any relevant quantity or area specified in that Part, or | ||
(b) specified in Part 2 of Schedule 5 to the Regulations of 2001 but does not equal or exceed, as the case may be, the relevant quantity or area specified in that Part and the Agency, the planning authority or the Board determines that the abstraction is likely to have significant effects on the environment. |