Water Environment (Abstractions and Associated Impoundments) Act 2022
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Revocation or suspension of licence | ||
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53. (1) The Agency may revoke a licence or suspend the operation of a licence if— | ||
(a) the licensee fails to comply with an order of the Circuit Court under section 101 , | ||
(b) it appears to the Agency that the licensee no longer satisfies the requirements specified in section 46 (2) in circumstances which are, in the opinion of the Agency, of such seriousness as to warrant the revocation of the licence or the suspension of its operation, | ||
(c) it appears to the Agency that the licensee has provided information to the Agency which is false or misleading in a material particular, in purported compliance with this Act or regulations under this Act in circumstances which are, in the opinion of the Agency, of such seriousness as to warrant the revocation of the licence or the suspension of its operation, | ||
(d) the carrying out of the abstraction to which the licence relates has not been substantially commenced within 3 years after the date on which the licence was granted, or | ||
(e) the abstraction to which the licence relates has ceased to be carried out and has not resumed within 3 years after that cessation in circumstances where the licensee has not made an application for its surrender under section 49 . | ||
(2) Where the Agency proposes to revoke or suspend a licence under this section, it shall, in accordance with procedures prescribed under section 57 , give notice to the licensee of its proposal and shall give the licensee an opportunity to make observations in writing to it in relation to the matter. | ||
(3) The Agency may give notice to any person it considers appropriate of a proposal to revoke or suspend a licence and may request information from the person in relation to the proposal to be provided to the Agency within the period specified in the notice. | ||
(4) The Agency may, having considered any observations made by the licensee and information provided by any person referred to in subsection (3), decide to revoke or suspend the licence and shall give notice to the licensee of its decision, the main reasons for it, and that the decision may be appealed under section 55 . | ||
(5) The Agency may attach conditions to the revocation or suspension of a licence and the person who was the licensee in the case of a revocation, or the licensee in the case of a suspension, shall be liable to comply with the conditions notwithstanding that revocation or suspension. | ||
(6) An appeal under section 55 against a decision of the Agency under this section shall operate to suspend the decision until an order of the High Court is made under section 55 (5) unless— | ||
(a) the Agency applies to the High Court to have its decision stand pending the making of the order, and | ||
(b) the High Court, where it considers it appropriate to do so in all the circumstances of the case, orders that the decision of the Agency, or such particular effects of the decision as the High Court may order, shall stand pending an order under section 55 (5). |