Water Environment (Abstractions and Associated Impoundments) Act 2022

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Regulations relating to licences

57. (1) The Minister may by regulations prescribe such matters of procedure and administration as appear to the Minister to be necessary or expedient in respect of this Part.

(2) Without prejudice to the generality of subsection (1), regulations under this section may provide for any or all of the following:

(a) the form and manner in which an application for a licence, an application for the surrender of a licence, an application for the transfer of a licence, an application for the review of the conditions to which a licence is subject and an application to terminate a suspension of a licence, shall be made, including by electronic means;

(b) the form and manner of a notice of a review by the Agency under section 52 , and any information to be provided by the licensee to the Agency for the purpose of the review;

(c) the form and manner in which notice is to be given under section 18 (2);

(d) any fees to be charged by the Agency in order to consider an application, or class of application, specified in paragraph (a);

(e) the information to be provided by an applicant in relation to an application specified in paragraph (a) and the form and manner in which that information is to be provided;

(f) the information and particulars to be provided by an applicant to the Agency to enable it to form an opinion under paragraph (c) or (d) of section 46 (2);

(g) the information and particulars, including reports and technical assessments relating to an EIA or retrospective EIA, to be provided by an applicant to the Agency;

(h) the information to be provided by an applicant and the Agency to the EIA portal;

(i) the period within which any information and particulars specified in paragraph (b), (e), (f), (g) or (h) shall be provided;

(j) procedures to be followed by the Agency where an applicant requests that technical, financial or commercial information provided in relation to an application specified in paragraph (a) is confidential;

(k) procedures to be followed by applicants for a joint licence under section 47 ;

(l) information and particulars to be provided by a licensee who holds a licence referred to in section 48 (2) and procedures to be followed by the licensee, the holder of the right, title or interest in the associated impoundment and the Agency where the holder becomes known after the grant of the licence;

(m) procedures to be followed by the Agency and licensee on a revocation or suspension of a licence under section 53 , or termination of a suspension under section 54 ;

(n) the publication of a notice or notices by an applicant in respect of an application specified in paragraph (a) within a specified period and the form, manner and information to be included in such a notice;

(o) the making available of specified information and documents by the Agency to specified public bodies and members of the public, on the website of the Agency or otherwise, in relation to—

(i) an application specified in paragraph (a),

(ii) a review under section 52 ,

(iii) the fact that an application is subject to an EIA or a retrospective EIA,

(iv) an EIAR or a retrospective EIAR,

(v) the main reports and advice issued to the Agency in relation to an EIA or a retrospective EIA,

(vi) the existence of exceptional circumstances under section 30 or 39 ,

(vii) a proposed decision and decision on an application specified in paragraph (a) including the main reasons for the decision,

(viii) the times and places at which, and the means by which, information will be available, and

(ix) the arrangements for public participation and consultation;

(p) the procedures to be followed by the Agency in respect of an application specified in paragraph (a), a review under section 52 , an assessment under section 19 , and in respect of the revocation or suspension of a licence, including the procedures for consultation with members of the public and such bodies as the Agency considers appropriate in relation to such application, any EIA or retrospective EIA, the Agency’s consideration of exceptional circumstances under section 30 or 39, the Agency’s proposed decision and decision under section 27 , 35 or 44 and the timeframe for submissions or observations;

(q) additional requirements which a body or organisation referred to in section 56 (8)(b)(ii) shall satisfy in order to be granted leave under that section, being requirements of a general nature and for the purposes of transparency and accountability in the operation of such body or organisation including requirements—

(i) in relation to its membership,

(ii) that the pursuit of its aims or objectives be otherwise than for profit,

(iii) in relation to the possession of a specified legal personality and the possession of a constitution or rules, or

(iv) that the area of environmental protection to which its aims or objectives relate is relevant to the class of matter to which the decision of the Agency, the Board or the Minister, the subject of the application for leave to apply for judicial review, falls;

(r) the extension of time limits;

(s) such provisions as may be required for the purpose of giving effect to the EIA Directive and otherwise in relation to an EIA or retrospective EIA of an abstraction, including the issuing of an opinion by the Agency on the scope and level of detail of the information to be included in an EIAR or a retrospective EIAR, the procedures for carrying out an EIA and a retrospective EIA where both assessments are required in respect of a combined application for a licence and the carrying out of an EIA or a retrospective EIA by the Agency in circumstances where a screening determination or a retrospective screening determination has not been made;

(t) the manner and form in which notice is to be given to the Agency under section 19 ;

(u) the conditions that may be attached to a licence under section 20 ;

(v) the fees which may be imposed on the licensee by the Agency to discharge the costs incurred by the Agency specified in section 20 (7);

(w) notification to, the provision of information to, and consultations with a Member State or a transboundary state and members of the public in that state in respect of an application for a licence that is likely to have had or is likely to have significant effects on the environment of a Member State or a transboundary state;

(x) the timeframe for any notification, provision of information and consultation under paragraph (w) and the extension of time limits in respect of a decision on an application for a licence to facilitate such consultation;

(y) procedures for receipt of a notification from another Member State or a transboundary state regarding an abstraction, including notification to the Agency by the Minister and the notification and consultation procedures to be undertaken by the Agency, including the timeframe for such notification and consultation;

(z) such incidental, supplementary and consequential matters as appear to the Minister to be necessary or expedient for the purposes of giving effect to this Part.

(3) A person who contravenes a provision of regulations under this section declared in the regulations to be a penal provision shall be guilty of an offence.