Water Environment (Abstractions and Associated Impoundments) Act 2022

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Application for joint licence

47. (1) Where an abstraction and its associated impoundment are carried out and operated by different persons, an application under this Part for a licence may be made—

(a) by the person carrying out the abstraction, on the person’s own behalf and on behalf of the person operating the associated impoundment, or

(b) jointly by both of those persons,

and in the case of an application for a licence under paragraph (a) or (b), (in this Act referred to as a “joint licence”), the person carrying out the abstraction and the person operating the associated impoundment shall, subject to subsection (6), be responsible jointly and severally for any joint licence that may be granted and for compliance with any conditions to which it may be subject.

(2) The Agency may require the applicant for a joint licence to furnish information and documents relating to any agreement providing for the abstraction and associated impoundment entered into between the person carrying out the abstraction and the person operating the associated impoundment.

(3) The Agency may take account of the terms and conditions contained in an agreement referred to in subsection (2) when determining an application for a joint licence.

(4) The Agency shall only grant a joint licence in respect of an application referred to in subsection (1) where the Agency is satisfied, taking the terms and conditions of any agreement referred to in subsection (2) into account, that—

(a) the person operating the associated impoundment has agreed to the abstraction,

(b) the person operating the associated impoundment is aware that any joint licence granted by the Agency will be subject to conditions, which will apply to the associated impoundment, and

(c) there is agreement between the person carrying on the abstraction and the person operating the associated impoundment—

(i) concerning the cesser of the abstraction, and

(ii) to ensure that the cesser or amendment of the abstraction, including by operation of section 49 , 50 , 51 , 52 or 53 will not affect the continued operation of the associated impoundment concerned as an associated impoundment to which a joint licence (other than the joint licence the subject of the application under subsection (1)) applies.

(5) Where, on an application for a joint licence, the associated impoundment is the subject of an existing licence or joint licence relating to a different abstraction, the Agency may only grant a joint licence on foot of the application where the Agency is satisfied that the grant of the joint licence—

(a) will not give rise to any alteration to the impoundment concerned, including its operation, such as to cause the water body concerned to fail or be likely to fail to meet its environmental objectives, and

(b) will not affect the continued operation of the associated impoundment concerned as an associated impoundment to which the existing licence or joint licence applies.

(6) Notwithstanding subsection (1), the Agency may, having considered an application for a joint licence, require on the grant of the licence that one only of the joint holders of the licence shall be responsible for the licence or for one or more than one condition to which it is subject, where the Agency is satisfied that such requirement will not affect the need to protect environmental objectives and—

(a) where one of the joint holders of the licence is a public authority, the requirement is necessary for the proper performance of the public authority’s functions, or

(b) on the basis of the application, that compliance with the joint licence and the conditions to which it is subject will not be affected.

(7) The obligations under this section in relation to an application for a joint licence shall operate in addition to and not in substitution for the obligations of an applicant or the Agency on an application for a licence under section 21 , 29 or 37 .

(8) On an application referred to in subsection (1)(b), the Agency where granting a joint licence, shall grant it to both of the persons who jointly applied for it.

(9) In this section, a reference to an abstraction being carried out or an associated impoundment being operated includes as necessary a reference to an abstraction proposed to be carried out or an associated impoundment proposed to be operated.