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The Water Resources (Environmental Impact Assessment) (England and Wales) Regulations 2003
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- UK Statutory Instruments
- 2003 No. 164
- PART IV
- Regulation 14
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Version Superseded: 01/04/2013
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Variation of abstraction or impounding licence at instance of Agency or Secretary of StateU.K.
14.—(1) Where proposals are formulated under section 52(1) of the 1991 Act (proposals for modification at the instance of the Agency or Secretary of State) for the variation of an abstraction or impounding licence, the Agency shall determine whether those proposals would amount to or form part of a relevant project; and in making that determination the Agency shall take into account such of the selection criteria set out in Schedule 1 as are relevant.
(2) The Agency shall give written notice of its determination to the licence holder and to the appropriate Minister.
(3) The appropriate Minister may review the determination of the Agency, by giving notice to the Agency not later than four weeks after the receipt of a notice under paragraph (2); and where he does so, having taken into account such of the selection criteria set out in Schedule 1 as are relevant, he shall by notice in writing given to the licence holder and the Agency—
(a)uphold the determination of the Agency; or
(b)substitute his own determination.
(4) The notice required by section 52(4) of the 1991 Act (notice of proposals formulated under that section)—
(a)in the case of a review under paragraph (3), shall not be served before notice is given to the Agency under that paragraph; and
(b)shall include notice of the determination under this regulation.
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