Water Environment (Abstractions and Associated Impoundments) Act 2022
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Retrospective EIAR and EIAR | ||
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40. (1) Where an existing abstraction is subject to a retrospective EIA under section 37 (5), 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 37 (5)(a), at the time of the application for a licence under section 37 (1), or | ||
(b) where the application is in respect of an abstraction specified in section 37 (5)(b), within such period as may be specified by the Agency in a retrospective screening determination under section 41 (1). | ||
(2) Section 31 (2) shall apply to a retrospective EIAR required under this section, subject to any necessary modifications, and subsections (3) to (6) of section 23 shall apply to a retrospective EIAR submitted under subsection (1) 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. | ||
(3) Where a revised abstraction is subject to an EIA under section 37 (6), the applicant shall submit, in electronic form, an EIAR to the Agency— | ||
(a) where the application is in respect of an abstraction specified in section 37 (6)(a), at the time of the application for a licence under section 37 (1), or | ||
(b) where the application is in respect of an abstraction specified in section 37 (6)(b), within such period as may be specified by the Agency in a screening determination under section 41 (3). | ||
(4) Subsections (2) to (6) of section 23 shall apply to an EIAR submitted under subsection (3) subject to any necessary modifications. |