The Water Resources (Abstraction and Impounding) Regulations 2006

Duties of the Agency in dealing with applications

10.—(1) The Agency must serve notice in writing on the applicant of—

(a) its decision on the application; or

(b) the reference of the application to the Secretary of State or the Assembly under section 41 (Secretary of State’s power to call in applications).

(2) In the case of an application for a temporary licence, the notice referred to in paragraph (1) must be served—

(a) except in a case mentioned in sub–paragraph (b)—

(i) in a case where, in accordance with regulation 9(1), notice of that application is served on a National Park authority or the Broads Authority, by the date 14 days after the end of the period referred to in paragraph (2)(b) of that regulation; and

(ii) in a case where no notice under regulation 9(1) is served, by the date 28 days after the relevant date; and

(b) in a case where, on or before the date referred to in sub–paragraph (a)(i) or (ii) (as the case may be), the Agency serves notice on the applicant under section 201(1) (power to require information in respect of water resources functions) that it requires him to provide information in relation to the application, by the date 28 days after that information is received by the Agency.

(3) In a case where regulation 6(1) applies, the notice referred to in paragraph (1) must be served by the date four months after the relevant date or (if later)—

(a) in a case where, on or before the date four months after the relevant date, the Agency serves notice on the applicant under section 201 that it requires him to provide information in relation to the application, the date two months after that information is received by the Agency;

(b) in a case referred to in paragraph (3) of regulation 6, the date two months after the date calculated in accordance with that paragraph; and

(c) in a case referred to in paragraph (4) or (5) of regulation 6, the date two months after the date calculated in accordance with the relevant paragraph.

(4) Except in a case mentioned in paragraph (2) or (3), the notice referred to in paragraph (1) must be served by the date three months after the relevant date or (if later)—

(a) in a case where, on or before the date three months after the relevant date, the Agency serves notice on the applicant under section 201 that it requires him to provide information in relation to the application, the date two months after that information is received by the Agency; and

(b) in a case where, on or before the date three months after the relevant date, the Agency serves notice on the applicant of a decision under section 36A(1)—

(i) if no notice of appeal is served, the date two months after the end of the period within which notice of appeal against that decision may be served; or

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

(5) Where the Agency grants a licence subject to conditions or on terms which are different in any material respect from the application, or it refuses an application, the notice referred to in paragraph (1)(a) must—

(a) include a statement of the Agency’s reasons for doing so; and

(b) state the applicant’s entitlement to appeal to the Secretary of State or the Assembly (as the case may be) if he is dissatisfied with the Agency’s decision on the application.

(6) Where the Agency refers an application to the Secretary of State or the Assembly under section 41, the notice referred to in paragraph (1)(b) must state—

(a) the reasons, if any, given by the Secretary of State or the Assembly for directing that reference to be made;

(b) the applicant’s entitlement to request to appear before, and be heard by, a person appointed for the purpose of determining the application; and

(c) that the decision on the application shall be final.

(1)

Section 201 was substituted by the WA, section 70.