Water Environment (Abstractions and Associated Impoundments) Act 2022

Agency may give compliance notice

98. (1) Where it appears to the Agency that it is necessary to do so in order to prevent or limit failure by a water body to meet its environmental objectives, caused by the carrying out of an abstraction, the Agency may give a compliance notice to the person carrying out the abstraction.

(2) Subsection (1) shall not apply in relation to an abstraction referred to in section 97 (2).

(3) Without prejudice to the generality of subsection (1) where it appears to the Agency that the continuation of an abstraction, pending its decision on an application for a licence under section 35 or 44 in relation to that abstraction is likely to cause significant adverse effects on the environment, the Agency shall give a compliance notice to the person carrying out the abstraction.

(4) Where the application for a licence under section 35 or 44 involves development or proposed development the Agency shall give notice, as soon as may be, to the planning authority in whose area the development is or is to be carried out or the Board of the giving of the compliance notice.