Water Environment (Abstractions and Associated Impoundments) Act 2022

Exceptionality test for combined application for licence

39. (1) A combined application for a licence that requires a retrospective EIA under section 37 (5) 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) Subsections (2) to (5) of section 30 shall apply to an application referred to in subsection (1) as they apply to an application referred to in section 30 (1) subject to any necessary modifications.