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Water Abstraction and Impoundment (Licensing) Regulations (Northern Ireland) 2006

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Time limits for determining applications

19.—(1) Subject to paragraphs (2) and (3), the Department shall determine an application under regulation 8, 13(1)(b), 14(2) or 15(3) within 4 months beginning with the date on which it receives the application or shall determine it within such later period as may be agreed in writing with the applicant.

(2) Paragraph (1) shall not have effect in any case where, under regulation 18(3), the Department refuses to proceed with the application in question.

(3) For the purpose of calculating the periods mentioned in paragraph (1) the following periods shall be disregarded, namely—

(a)the period beginning with the date on which notice is served on the applicant under regulation 18(1) and ending on the date of receipt by the Department of the information to which the notice relates;

(b)the period beginning with the date on which the Department makes a direction to the Appeals Commission under regulation 17 and ending on the date of receipt by the Department of the report of the Appeals Commission on the public local inquiry to which the direction relates; and

(c)any period of time determined under regulation 14(5)(b) of the Water Resources (Environmental Impact Assessment) Regulations (NI) 2005

(4) Where the Department fails to determine the application within the period provided for under this regulation the application shall be deemed to have been refused.

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