Water Environment (Abstractions and Associated Impoundments) Act 2022
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Grant or refusal of licence application under section 37 | ||
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44. (1) Subject to subsection (3) and section 28 , as modified by section 45 , the Agency shall, within 8 weeks after receipt of an application for a licence under section 37 (1), or where additional information has been requested in relation to the application, within 8 weeks after the receipt of the additional information, give notice to the applicant and inform the public of— | ||
(a) its proposed decision to grant or refuse the licence, | ||
(b) the proposed conditions to be attached to the licence, if applicable, and | ||
(c) the right to make observations, in writing, in relation to the matters referred to in paragraph (a) and (b) to the Agency not later than 28 days after the date of the notice. | ||
(2) The Agency shall, within 8 weeks after the date for receipt of observations under subsection (1)(c) and having considered any such observations, decide to grant or refuse to grant the licence and the Agency shall give notice to the applicant and inform the public of— | ||
(a) its decision to grant or refuse to grant the licence, and | ||
(b) the conditions attached to the licence, if applicable. | ||
(3) The Agency may extend the period of 8 weeks referred to in subsection (1) by such period as the Agency considers reasonable and necessary— | ||
(a) for the completion of consultation with the planning authority or the Board under section 25 , as modified by section 42 , | ||
(b) to enable the Agency to comply with section 25 (4)(d), as modified by section 42 , | ||
(c) for the completion of consultations with a Member State or a transboundary state in accordance with regulations under section 57 , or | ||
(d) for the completion of consultation with Waterways Ireland under section 84 or 85 . | ||
(4) Where the Agency extends the 8 week period referred to in subsection (3), the Agency shall inform the applicant in writing of the main reasons justifying the extension and of the date when its decision can be expected. | ||
(5) A person who carries on an existing abstraction after a combined application for a licence which refers to the abstraction has been refused by the Agency under subsection (2), or after an application has been withdrawn, shall be guilty of an offence. |