10.—(1) An application under regulation 8 shall be determined in accordance with this regulation.
(2) In deciding whether to grant a licence the Department—
(a)shall have regard to all controlled activities being carried on or likely to be carried on in the area of the water environment likely to be affected by the controlled activity to which the application relates;
(b)shall have regard to any representations received pursuant to regulation 9(4); and
(c)may have regard to any agreement reached between different persons concerning controlled activities carried on in the area of the water environment likely to be affected by the controlled activity to which the application relates.
(3) The Department may grant a licence unconditionally or subject to conditions or it may refuse to grant a licence.
(4) The Department shall notify the applicant of its decision and, in the case of a refusal, the reasons for that decision.
(5) This regulation has effect subject to regulation 11.