PART 6ASSESSMENT OF PLANS AND PROJECTS
CHAPTER 7ENVIRONMENTAL CONTROLS
Abstraction and works authorised under water legislation99
1
The assessment provisions apply in relation to the granting of an authorisation by virtue of—
a
the granting of a licence under Chapter 2 of Part 2 of the WRA138 (abstraction and impounding);
b
the making of an order under section 27A139 of the WRA (variation of small quantity threshold);
c
the making of regulations under section 33A140 of the WRA (power to provide for further exemptions), where those regulations relate to—
i
a prescribed geographical area,
ii
a prescribed source of supply (in the case of an exemption from the restriction on abstraction or the other restrictions imposed by section 24141 of the WRA (restrictions on abstraction)), or
iii
prescribed inland waters (in the case of an exemption from the restriction on impounding works);
d
any consent given under paragraph (2);
e
the making of an order under section 73142 of the WRA (power to make ordinary and emergency drought orders) which has the effect of authorising—
i
an abstraction or additional abstraction, or
ii
a discharge or additional discharge;
f
the granting of a permit under section 79A143 of that Act (drought permits);
g
2
An exemption conferred by regulations under section 33A of the WRA, other than regulations referred to in paragraph (1)(c), does not apply in relation to any particular abstraction or impounding works unless the Environment Agency has given consent in writing to the abstraction or impounding works being carried out.
3
Where, in relation to any plan or project authorised by any means referred to in sub-paragraphs (a) to (h) of paragraph (1), the competent authority consider that any adverse effects of the plan or project on the integrity of a European site or a European offshore marine site would be avoided if the authorisation were subject to conditions, they may grant the authorisation, or cause it to be granted, subject to those conditions.
4
Where, by virtue of paragraph (1)(g), the assessment provisions apply in relation to the granting of an authorisation by virtue of a consent under section 166 of the WIA or section 164 of the WRA, the section in question has effect as if in each case—
a
in subsection (3), the words “and, subject to that subsection, where an application for any consent is required to be determined within the period specified in paragraph (a) above and is not so determined, the consent applied for shall be deemed to have been given unconditionally.” were omitted; and
b
in paragraph (a) of that subsection, for the words “the period of seven days” there were substituted the words “the period of fourteen days”.
5
The review provisions apply to any authorisation mentioned in paragraph (1)(a), (b), (c), (d) or (h).
6
Where on the review of any such authorisation the competent authority consider that any adverse effects on the integrity of a European site or a European offshore marine site of the carrying out or, as the case may be, the continuation of the activities authorised by it would be avoided by a variation of the authorisation, they may vary it, or cause it to be varied, accordingly.