Water Environment (Abstractions and Associated Impoundments) Act 2022
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Owner of impoundment not identified | ||
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48. (1) Notwithstanding section 47 , where an application under this Part relates to an abstraction and its associated impoundment, but the identity, existence or whereabouts of the person who is the holder of a right, title or interest in the associated impoundment cannot be established by taking reasonable measures, the applicant shall furnish to the Agency such particulars as the Agency may specify concerning searches made by or on behalf of the applicant to establish that identity, existence or whereabouts. | ||
(2) The Agency may grant a licence to an applicant referred to in subsection (1) that is not a joint licence where the Agency is satisfied— | ||
(a) that all reasonable measures referred to in that subsection were taken to identify the holder of a right, title or interest in the associated impoundment, and | ||
(b) the applicant has agreed to be liable under the licence for the operation of the associated impoundment and compliance with any conditions under the licence relating to the associated impoundment. | ||
(3) The licensee and holder of the right, title or interest in the associated impoundment shall comply with matters prescribed under section 57 where the holder becomes known after the grant of the licence. |