Water Environment (Abstractions and Associated Impoundments) Act 2022
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Screening determinations for combined application for licence | ||
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41. (1) Where the Agency receives a combined application for a licence that comprises an existing abstraction of a class specified in section 37 (5)(b) and that application does not include a retrospective EIAR, the Agency shall make 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 under subsection (1) 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. | ||
(3) Where a revised abstraction on its own or together with the existing abstraction concerned is of a class specified in section 37 (6)(b) and the combined application for a licence does not include an EIAR, the Agency shall, where the application does not involve development or proposed development for which a grant of permission is required, make a screening determination and where it determines that the abstraction is likely to have significant effects on the environment, the revised abstraction shall be subject to an EIA. | ||
(4) Subsections (2) to (7) of section 24 shall apply to an application for a licence referred to in subsection (3) and to a screening determination under subsection (3) subject to any necessary modifications. |