SCHEDULE 2APPLICATIONS BY THE AGENCY
Exemption from advertising requirements3
1
The requirements of section 37(1) and (2) do not apply—
a
to an Agency application for a full licence or transfer licence if—
i
the application relates to abstraction at a proposed point of abstraction permitted under an existing licence held by the Agency;
ii
it would take effect immediately after the expiry of that licence;
iii
it would not permit the quantity of water to be abstracted under that licence to be increased; and
iv
it would otherwise be subject to materially the same terms as that licence;
b
to an Agency application under section 51(2) (which provides for the variation of a licence on the application of a licence holder) in relation to an existing abstraction licence held by the Agency that is to remain in force until revoked, if—
i
the application is for the existing licence to be varied so as to specify a date on which that licence will expire;
ii
the varied licence would not permit the quantity of water that may be abstracted under the existing licence to be increased; and
iii
the varied licence would otherwise be subject to materially the same terms as the existing licence; or
c
to an application for a full licence, a transfer licence or an impounding licence, or the variation of such a licence, if the relevant authority notifies the Agency that complying with those requirements in relation to that application would be contrary to the interests of national security.
2
In paragraph (1) “the relevant authority” means—
a
in the case of an application in relation to abstraction or to impounding works in England, the Secretary of State; and
b
in the case of an application in relation to abstraction or to impounding works in Wales, the Secretary of State or the Assembly.