The Water Resources (Abstraction and Impounding) Regulations 2006

Advertisement of an application

6.—(1) Where the requirements of subsection (1) of section 37(1) (publication of application for licence) (including that section as applied by section 51(3), subject to the modifications made by section 51(4)) apply in relation to an application(2), and those requirements have not been dispensed with under regulation 7(4), notice of that application must be published—

(a) in at least one newspaper circulating in the locality of the proposed point of abstraction or impounding; and

(b) on the Agency’s website.

(2) Except in the cases specified in paragraphs (3) to (5), the notice of application must be published by the date 28 days after the relevant date.

(3) In a case where, after the relevant date but on or before the date referred to in sub-paragraph (a), the Agency serves notice on the applicant of a decision under section 36A(1), the notice of the application must be published—

(a) if no notice of appeal is served, by the date 28 days after the end of the period within which notice of appeal against that decision may be served; and

(b) if notice of appeal is so served, by the date 28 days after the day on which the Agency receives notice of the determination or withdrawal of the appeal.

(4) In a case where a matter in relation to a valid application falls to be determined under section 191A(3) (exclusion from registers of information affecting national security), the notice of the application must be published by the date 28 days after the day on which Agency receives notice of that determination.

(5) In a case where a matter in relation to a valid application falls to be determined under section 191B(4) (exclusion from registers of certain confidential information) the notice of the application must be published—

(a) if the Agency determines under section 191B(4) that the information in question might be commercially confidential, by the date 28 days after the day on which Agency serves notice on the applicant of that determination; and

(b) if the Agency determines under section 191B(4) that the information in question is not commercially confidential—

(i) if no notice of appeal is served, by the date 28 days after the end of the period within which notice of appeal against that determination may be served; or

(ii) if notice of appeal is so served, by the date 28 days after the day on which the Agency receives notice of the determination or withdrawal of the appeal.

(6) Subject to paragraph (7), the notice must—

(a) state the name of the applicant;

(b) specify—

(i) the type of application being made including, if appropriate, the type of licence being applied for;

(ii) the purpose of the proposed abstraction or impounding;

(iii) the proposed point of abstraction or impounding(5);

(iv) in the case of an application for an abstraction licence, the period over which abstraction would take place;

(v) in the case of an application for a full licence, the quantity of water to be abstracted; and

(vi) in the case of an application for an impounding licence, the proposed means of impounding;

(c) include such other particulars (if any) as the Agency considers necessary to explain the application; and

(d) state—

(i) where and when the application documents and the register containing details of the application may be inspected, and that such inspection is free of charge; and

(ii) the address to which any representations in relation to the application should be sent.

(7) The notice must not include any information that is not to be included in a register by virtue of section 191A (exclusion from registers of information affecting national security) or 191B (exclusion from registers of information of certain confidential information).

(1)

Section 37 was substituted by the WA, section 14(1).

(2)

The requirements of section 37(1) and (2) apply in relation to any application for a full, transfer or impounding licence (section 37(1)), and to certain applications by the holder of a licence to vary such a licence (section 51(3) and (4)(a)), except as otherwise provided by regulation 7.

(3)

Section 191A was inserted by the EA, section 120 and Schedule 22, paragraph 170.

(4)

Section 191B was inserted by the EA, section 120 and Schedule 22, paragraph 170.

(5)

For the definition of “proposed point of abstraction or impounding” see section 37(7) (inserted by section 14(1) of the Water Act 2003).