Water Environment (Abstractions and Associated Impoundments) Act 2022
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Review of conditions attached to licence on application by licensee | ||
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51. (1) The Agency may carry out a review of and, if appropriate, amend the conditions attached to a licence for an abstraction, other than an abstraction of a class referred to in section 21 (3)(a), on application to it in that behalf by the licensee where the application is made in such form and accompanied by such information as may be specified by the Agency. | ||
(2) A licensee who requires the Agency to carry out a review of the conditions attached to a licence for an abstraction of a class referred to in section 21 (3)(a), shall make an application, accompanied by an EIAR, under section 21 for a new licence. | ||
(3) Where the application for a review under subsection (1) relates to a licence for an abstraction of a class referred to in section 21 (3)(b), the application for the review shall include— | ||
(a) a description, with particular reference to the conditions under review, of the nature and extent of the abstraction, its characteristics, its likely significant effects on the environment (including the information specified in Schedule 7A to the Regulations of 2001), and | ||
(b) where relevant, information, with particular reference to those conditions, on how the available results of other relevant assessments of the effects on the environment carried out pursuant to any enactment or under European Union legislation (other than the EIA Directive) have been taken into account. | ||
(4) The Agency shall carry out a screening for EIA and make a screening determination in respect of an application referred to in subsection (3) within 8 weeks after receipt of the application, or where further information is required under subsection (5), within 8 weeks after the receipt of that information, whichever occurs later. | ||
(5) For the purposes of a review or a screening determination under this section, the Agency may require the licensee who applies for the review to furnish to the Agency such further information, within such period, as the Agency may specify. | ||
(6) Where, on foot of the screening determination, the Agency decides that an amendment of any condition is likely to have significant effects on the environment, the Agency shall, as soon as practicable give notice to the licensee— | ||
(a) of the decision to refuse the application under subsection (1), | ||
(b) of the main reasons for that decision with reference to the relevant criteria specified in Schedule 7 to the Regulations of 2001, and | ||
(c) of the requirement, if the licensee wishes to amend the conditions attached to the licence, to make an application, accompanied by an EIAR, under section 21 for a new licence. | ||
(7) The Agency may decide on an application under this section (other than in relation to an application where it has made a decision under subsection (6))— | ||
(a) to refuse the application, | ||
(b) to review the conditions of the licence and— | ||
(i) amend the conditions attached to the licence, | ||
(ii) amend the conditions subject to modifications, or | ||
(iii) refuse to amend the conditions. | ||
(8) In carrying out a review under this section, the Agency shall have regard to the matters referred to in paragraphs (a) to (i) of section 20 (2) and the Agency shall not amend the conditions attached to the licence unless it is satisfied that the abstraction, carried out in accordance with such conditions as may be attached to the licence, will not— | ||
(a) cause a deterioration in the status of the body of surface water concerned or the body of groundwater concerned, and | ||
(b) compromise compliance with any standards and objectives established for a protected area, where applicable. | ||
(9) The Agency shall, as soon as practicable after making a decision under subsection (7), give notice of the decision to the licensee together with the main reasons for the decision. |