Water Environment (Abstractions and Associated Impoundments) Act 2022

38

Coordination of EIA for combined application for licence

38. (1) Where a combined application for a licence under section 37(1) comprises a revised abstraction that involves development or proposed development that is or was the subject of an environmental impact assessment (within the meaning of the Act of 2000) by the planning authority or the Board under the Act of 2000, the EIA required to be carried out by the Agency under section 37(6) may be carried out by the Agency in part or in whole by way of the sharing of information and documentation relating to the effects of the abstraction or development on the environment with, consultation with, or the submission of observations to, that planning authority or the Board in accordance with section 25, as modified by section 42.

(2) The Agency shall, where appropriate, coordinate the EIA or the retrospective EIA with any other assessment of the abstraction under the Regulations of 2011.

Annotations

Amendments:

F12

Substituted by Planning and Development Act 2024 (34/2024), s. 631 and sch. 7 ref. no. 65, not commenced as of date of revision.

F13

Inserted by Planning and Development Act 2024 (34/2024), s. 631 and sch. 7 ref. no. 65, not commenced as of date of revision.

Modifications (not altering text):

C8

Prospective affecting provision: subs. (1) amended by Planning and Development Act 2024 (34/2024), s. 631 and sch. 7 ref. no. 65, not commenced as of date of revision.

38. (1) Where a combined application for a licence under section 37(1) comprises a revised abstraction that involves development or proposed development that is or was the subject of an environmental impact assessment (within the meaning of the F12[Act of 2024]) by the planning authority or the Board under the Act of 2000 F13[or the Act of 2024], the EIA required to be carried out by the Agency under section 37(6) may be carried out by the Agency in part or in whole by way of the sharing of information and documentation relating to the effects of the abstraction or development on the environment with, consultation with, or the submission of observations to, that planning authority or the Board in accordance with section 25, as modified by section 42.