Water Environment (Abstractions and Associated Impoundments) Act 2022

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Review by Agency of conditions attached to licence

52. (1) The Agency may not more frequently than once in every 3 year period after the date of the grant of a licence, carry out a review of the licence and the abstraction to which it relates and, if appropriate, amend the conditions attached to a licence where—

(a) in the opinion of the Agency, the continued abstraction without review of the conditions of the licence is likely to cause deterioration in the status of the body of groundwater or body of surface water from which the abstraction is carried out,

(b) in the opinion of the Agency, the continued abstraction without review of the conditions of the licence is likely to cause the body of groundwater or body of surface water from which the abstraction is carried out to fail or be likely to fail to meet its environmental objectives,

(c) the Agency forms the view that a review is warranted because information or evidence relating to one or more of the conditions, not considered by the Agency when the licence was granted, comes before the Agency,

(d) the Agency forms the view that a review is warranted due to the requirements of this Act or any other enactment or rule of law regarding environmental objectives, or other standards relating to protection of water quality, or

(e) in accordance with the conditions of the licence, the holder of the licence informs the Agency of a material change to the abstraction or an increase in the daily rate.

(2) Where the Agency proposes a review of conditions under subsection (1) it shall give notice to the licensee of the proposal which shall—

(a) contain the main reasons for the proposal,

(b) in the case of a licence for an abstraction of a class referred to in section 21 (3)(a), inform the licensee of its opinion that the licensee is required to make an application, accompanied by an EIAR, under section 21 for a new licence,

(c) in the case of a licence for an abstraction of a class referred to in section 21 (3)(b), request the licensee to provide—

(i) a description, with particular reference to the conditions the Agency proposes to 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

(ii) 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,

and

(d) request the licensee to provide observations in writing to the Agency on the proposal, and any other information which the Agency may request, within the period specified in the notice.

(3) Where, having considered any observations and information provided under subsection (2)(d), the Agency decides that the licensee referred to in subsection (2)(b) is required to make an application, accompanied by an EIAR under section 21 for a new licence it shall, as soon as practicable, give notice to the licensee—

(a) giving the main reasons for the decision of the Agency and that it may be appealed under section 55 , and

(b) of the requirement to make an application, accompanied by an EIAR, under section 21 for a new licence within the period specified in the notice.

(4) Having considered any observations and information provided under subsection (2)(d), the Agency may carry out a review of the abstraction and, in relation to a proposal to review an abstraction referred to in subsection (2)(c), the Agency shall carry out a screening for EIA and make a screening determination in respect of the review under this section within 8 weeks after receipt of the description and information referred to in subsection (2)(c).

(5) For the purposes of a screening determination under this section the Agency may require the licensee 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 of the decision to the licensee—

(a) giving the main reasons for that decision with reference to the relevant criteria specified in Schedule 7 to the Regulations of 2001 and that it may be appealed under section 55 , and

(b) of the requirement to make an application, accompanied by an EIAR, under section 21 for a new licence within the period specified in the notice.

(7) Other than in respect of a licence the subject of a decision of the Agency under subsection (3) or (6) , the Agency may decide—

(a) to amend the conditions attached to the licence, or

(b) not to amend the conditions attached to the licence.

(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 and that the decision may be appealed under section 55 .

(10) A licensee who fails to comply with a notice under subsection (3) or (6) shall be guilty of an offence.