Water Environment (Abstractions and Associated Impoundments) Act 2022

Type Act

Publication 2022-12-20

Last updated 2025-12-31

State In force

Source Irish Statute Book

articles 116

(5) Where information required by the Agency under subsection (2) is not submitted by the applicant within the period specified, or any further period as may be specified by the Agency, the application for a licence shall be deemed to be withdrawn.

31. Retrospective EIAR

31. (1) Where an application for a licence is subject to a retrospective EIA under section 29(3), the applicant shall submit, in electronic form, a retrospective EIAR to the Agency—

(a) where the application is in respect of an abstraction specified in section 29(3)(a), at the time of the application for a licence under section 29(1), or

(b) where the application is in respect of an abstraction specified in section 29(3)(b), within such period as may be specified by the Agency in a retrospective screening determination under section 32.

(2) The applicant shall ensure that a retrospective EIAR—

(a) is prepared by competent experts,

(b) subject to subsection (3), contains the following:

(i) a statement of the significant effects, if any, on the environment, which have occurred or which are occurring or which can reasonably be expected to occur because of the abstraction;

(ii) details of—

(I) any appropriate remedial measures undertaken or proposed to be undertaken by the applicant to remedy any significant adverse effects on the environment, and

(II) the period within which any proposed remedial measures will be carried out by or on behalf of the applicant;

(iii) the information specified in section 23(2)(b), subject to any necessary modifications,

and

(c) takes into account the available results of other relevant assessments carried out pursuant to European Union legislation or any enactment with a view to avoiding duplication of assessments.

(3) Subsections (3) to (6) of section 23 shall apply to a retrospective EIAR as they apply to an EIAR, subject to—

(a) the modification that a reference in those subsections to an EIA shall be read as a reference to a retrospective EIA,

(b) the modification that a reference in those subsections to an EIAR shall be read as a reference to a retrospective EIAR, and

32. Retrospective screening determination

32. (1) Where the Agency receives an application for a licence for an abstraction of a class specified in section 29(3)(b) and that application does not include a retrospective EIAR, the Agency shall determine whether or not the abstraction has had or is likely to have significant effects on the environment (in this Part referred to as a “retrospective screening determination”).

(2) Subsections (2) to (7) of section 24 shall apply to an application for a licence referred to in subsection (1) and to a retrospective screening determination as they apply to a screening determination, subject to—

(a) the modification that a reference in those subsections to a screening determination shall be read as a reference to a retrospective screening determination,

(b) the modification that a reference in those subsections to an EIAR shall be read as a reference to a retrospective EIAR,

(c) the modification that, in section 24(5)(a), the words “the abstraction has had or is likely to have” shall be substituted for the words “the abstraction is likely to have”,

(d) the modification that, in section 24(5)(b), the words “the abstraction has not had or is not likely to have” shall be substituted for the words “the abstraction is not likely to have”, and

(e) any other necessary modifications.

33. Consultation with planning authority

33. Where an application for a licence under section 29 is subject to a retrospective EIA, the Agency shall—

(a) within 2 weeks after the date of receipt of a retrospective EIAR, give notice to the planning authority in whose functional area the abstraction is situate, that it has received a retrospective EIAR in respect of the application for a licence and request the planning authority, within 4 weeks after receipt of the notice, to furnish to the Agency any observations that the planning authority has in relation to the retrospective EIAR and the application for a licence,

(b) consider any observations made to the Agency by the planning authority following a request under paragraph (a) before giving notice of its proposed decision under section 35, and

(c) enter into consultations, as the Agency considers appropriate, with the planning authority in relation to any environmental impacts of the abstraction.

34. Submission of information for purposes of Chapter 3

34. Section 26 shall apply to a retrospective EIA as it applies to an EIA, subject to the modification that the reference in that section to an EIA shall be read as a reference to a retrospective EIA and subject to any other necessary modifications.

35. Grant or refusal of licence application under section 29

35. (1) Subject to subsection (3) and section 28, as modified by section 36, the Agency shall, within 8 weeks after receipt of an application for a licence under section 29(1), or where additional information has been requested in relation to the application, within 8 weeks after the receipt of the additional information, give notice to the applicant and inform the public of—

(a) its proposed decision to grant or refuse the licence,

(b) the proposed conditions to be attached to the licence, if applicable, and

(c) the right to make observations, in writing, in relation to the matters referred to in paragraphs (a) and (b) to the Agency not later than 28 days after the date of the notice.

(2) The Agency shall, within 8 weeks after the date for receipt of observations under subsection (1)(c) and having considered any such observations, decide to grant or refuse to grant the licence and the Agency shall give notice to the applicant and inform the public of—

(a) its decision to grant or refuse to grant the licence, and

(b) the conditions attached to the licence, if applicable.

(3) The Agency may extend the period of 8 weeks referred to in subsection (1) by such period as the Agency considers reasonable and necessary—

(a) for the completion of consultations with the planning authority under section 33,

(b) for the completion of consultations with a Member State or a transboundary state in accordance with regulations under section 57, or

(4) Where the Agency extends the 8 week period referred to in subsection (1), the Agency shall inform the applicant in writing of the main reasons justifying the extension and of the date when its decision can be expected.

(5) A person who carries on an abstraction after an application for a licence which refers to the abstraction has been refused by the Agency under subsection (2), or after an application has been withdrawn, shall be guilty of an offence.

36. Decision where application was subject to a retrospective EIA

36. (1) Section 28 shall apply to a decision on an application for a licence under section 35 as it applies to a decision on an application for a licence under section 21, subject to—

(a) the following modifications:

(i) a reference to section 27 shall be read as a reference to section 35;

(ii) a reference to an EIA shall be read as a reference to a retrospective EIA;

(iii) a reference to an EIAR shall be read as a reference to a retrospective EIAR,

and

(b) any other necessary modifications.

Chapter 4

37. Combined application for licence

37. (1) A person referred to in section 15(5) shall make an application for a licence for—

(a) an abstraction referred to in section 15(4) (in this Chapter referred to as an “existing abstraction”), and

(b) a revised abstraction,

in one application (in this Part referred to as a “combined application for a licence”).

(2) Where an applicant makes a combined application for a licence, he or she shall—

(a) make an application to the Agency within the period specified in section 15(5), and

(b) publish notice of the application in the prescribed form.

(3) A combined application for a licence may be subject to—

(a) a retrospective EIA by the Agency in respect of the existing abstraction, and

(b) an EIA by the Agency in respect of the revised abstraction, or where the revised abstraction involves development or proposed development, an EIA by the planning authority or the Board under the Act of 2000.

(4) The applicant shall provide the prescribed information in electronic form to the EIA portal prior to—

(a) the making of an application under subsection (2), where that application is accompanied by a retrospective EIAR or an EIAR, or

(b) the submission of a retrospective EIAR or an EIAR following a determination by the Agency, the planning authority or the Board that the existing abstraction or the revised abstraction has had or is likely to have significant effects on the environment.

(5) A retrospective EIA shall be carried out by the Agency in respect of an existing abstraction where the abstraction is of a class—

(a) specified in Part 1 or Part 2 of Schedule 5 to the Regulations of 2001 and the abstraction would equal or exceed, as the case may be, any relevant quantity or area specified in that Part and an environmental impact assessment should have been carried out prior to, or after, the commencement of the abstraction, or

(b) specified in Part 2 of Schedule 5 to the Regulations of 2001 but does not equal or exceed, as the case may be, the relevant quantity or area specified in that Part such that a determination as to whether an environmental impact assessment was required should have been made prior to, or after, the commencement of the abstraction and the Agency determines that the abstraction has had or is likely to have significant effects on the environment.

(6) An EIA shall be carried out by the Agency in respect of a revised abstraction where the abstraction, on its own or together with the existing abstraction, is of a class—

(a) specified in Part 1 or Part 2 of Schedule 5 to the Regulations of 2001 and the abstraction would equal or exceed, as the case may be, any relevant quantity or area specified in that Part, or

(b) specified in Part 2 of Schedule 5 to the Regulations of 2001 but does not equal or exceed, as the case may be, the relevant quantity or area specified in that Part and the Agency, the planning authority or the Board determines that the abstraction is likely to have significant effects on the environment.

38. Coordination of EIA for combined application for licence

38. (1) Where a combined application for a licence under section 37(1) comprises a revised abstraction that involves development or proposed development that is or was the subject of an environmental impact assessment (within the meaning of the Act of 2000) by the planning authority or the Board under the Act of 2000, the EIA required to be carried out by the Agency under section 37(6) may be carried out by the Agency in part or in whole by way of the sharing of information and documentation relating to the effects of the abstraction or development on the environment with, consultation with, or the submission of observations to, that planning authority or the Board in accordance with section 25, as modified by section 42.

(2) The Agency shall, where appropriate, coordinate the EIA or the retrospective EIA with any other assessment of the abstraction under the Regulations of 2011.

39. Exceptionality test for combined application for licence

39. (1) A combined application for a licence that requires a retrospective EIA under section 37(5) shall not be granted unless the Agency is satisfied that exceptional circumstances exist such that it is appropriate to carry out a retrospective EIA.

(2) Subsections (2) to (5) of section 30 shall apply to an application referred to in subsection (1) as they apply to an application referred to in section 30(1) subject to any necessary modifications.

40. Retrospective EIAR and EIAR

40. (1) Where an existing abstraction is subject to a retrospective EIA under section 37(5), the applicant shall submit, in electronic form, a retrospective EIAR to the Agency—

(a) where the application is in respect of an abstraction specified in section 37(5)(a), at the time of the application for a licence under section 37(1), or

(b) where the application is in respect of an abstraction specified in section 37(5)(b), within such period as may be specified by the Agency in a retrospective screening determination under section 41(1).

(2) Section 31(2) shall apply to a retrospective EIAR required under this section, subject to any necessary modifications, and subsections (3) to (6) of section 23 shall apply to a retrospective EIAR submitted under subsection (1) as they apply to an EIAR, subject to—

(a) the modification that a reference in those subsections to an EIA shall be read as a reference to a retrospective EIA,

(b) the modification that a reference in those subsections to an EIAR shall be read as a reference to a retrospective EIAR, and

(3) Where a revised abstraction is subject to an EIA under section 37(6), the applicant shall submit, in electronic form, an EIAR to the Agency—

(a) where the application is in respect of an abstraction specified in section 37(6)(a), at the time of the application for a licence under section 37(1), or

(b) where the application is in respect of an abstraction specified in section 37(6)(b), within such period as may be specified by the Agency in a screening determination under section 41(3).

(4) Subsections (2) to (6) of section 23 shall apply to an EIAR submitted under subsection (3) subject to any necessary modifications.

41. Screening determinations for combined application for licence

41. (1) Where the Agency receives a combined application for a licence that comprises an existing abstraction of a class specified in section 37(5)(b) and that application does not include a retrospective EIAR, the Agency shall make a retrospective screening determination.

(2) Subsections (2) to (7) of section 24 shall apply to an application for a licence referred to in subsection (1) and to a retrospective screening determination under subsection (1) as they apply to a screening determination, subject to—

(a) the modification that a reference in those subsections to a screening determination shall be read as a reference to a retrospective screening determination,

(b) the modification that a reference in those subsections to an EIAR shall be read as a reference to a retrospective EIAR,

(c) the modification that, in section 24(5)(a), the words “the abstraction has had or is likely to have” shall be substituted for the words “the abstraction is likely to have”,

(e) any other necessary modifications.

(3) Where a revised abstraction on its own or together with the existing abstraction concerned is of a class specified in section 37(6)(b) and the combined application for a licence does not include an EIAR, the Agency shall, where the application does not involve development or proposed development for which a grant of permission is required, make a screening determination and where it determines that the abstraction is likely to have significant effects on the environment, the revised abstraction shall be subject to an EIA.

(4) Subsections (2) to (7) of section 24 shall apply to an application for a licence referred to in subsection (3) and to a screening determination under subsection (3) subject to any necessary modifications.

42. Coordination of EIA with planning authority or Board for combined application for licence

42. (1) Section 25 shall apply to a combined application for a licence under section 37(1) that comprises a revised abstraction that involves development or proposed development as it applies to an application for a licence under section 21(1), subject to—

(a) the following modifications:

(i) a reference to section 21(1) shall be read as a reference to section 37(1);

(ii) a reference to an abstraction shall be read as a reference to a revised abstraction;

(iii) a reference to section 27 shall be read as a reference to section 44;

(iv) a reference to paragraph (a) or (b) of section 23(1) shall be read as a reference to paragraph (a) or (b) of section 40(3), as appropriate,

and

(b) any other necessary modifications.

(2) Where section 25 does not apply to a combined application for a licence, section 33 shall apply to such an application as it applies to an application for a licence under section 29, subject to the modification that a reference to section 35 shall be read as a reference to section 44 and subject to any other necessary modifications.

43. Submission of information for purposes of Chapter 4

43. (1) The Agency may give notice to the applicant for a licence under section 37(1) requiring him or her to submit, within the period specified in the notice, any further information that the Agency considers necessary—

(a) to consider an application under section 37(1), or

(b) to enable the Agency to carry out a retrospective EIA or an EIA, as the case may be.

(2) Where information required by the Agency under subsection (1) or section 23(6), as modified by section 40, is not submitted by the applicant within the period specified, or any further period as may be specified by the Agency, the combined application for a licence shall be deemed to be withdrawn.

44. Grant or refusal of licence application under section 37

44. (1) Subject to subsection (3) and section 28, as modified by section 45, the Agency shall, within 8 weeks after receipt of an application for a licence under section 37(1), or where additional information has been requested in relation to the application, within 8 weeks after the receipt of the additional information, give notice to the applicant and inform the public of—

(a) its proposed decision to grant or refuse the licence,

(b) the proposed conditions to be attached to the licence, if applicable, and

(c) the right to make observations, in writing, in relation to the matters referred to in paragraph (a) and (b) to the Agency not later than 28 days after the date of the notice.

(a) its decision to grant or refuse to grant the licence, and

(b) the conditions attached to the licence, if applicable.

(3) The Agency may extend the period of 8 weeks referred to in subsection (1) by such period as the Agency considers reasonable and necessary—

(a) for the completion of consultation with the planning authority or the Board under section 25, as modified by section 42,

(b) to enable the Agency to comply with section 25(4)(d), as modified by section 42,

(c) for the completion of consultations with a Member State or a transboundary state in accordance with regulations under section 57, or

(d) for the completion of consultation with Waterways Ireland under section 84 or 85.

(4) Where the Agency extends the 8 week period referred to in subsection (3), the Agency shall inform the applicant in writing of the main reasons justifying the extension and of the date when its decision can be expected.

(5) A person who carries on an existing abstraction after a combined application for a licence which refers to the abstraction has been refused by the Agency under subsection (2), or after an application has been withdrawn, shall be guilty of an offence.

45. Decision where application was subject to EIA or retrospective EIA

45. Section 28 shall apply to a decision on a combined application for a licence under section 44 as it applies to a decision on an application for a licence under section 21, subject to—

(a) the following modifications:

(i) a reference to section 27 shall be read as a reference to section 44;

(ii) a reference to an EIA shall be read as a reference to an EIA or a retrospective EIA, as the case may be;

(iii) a reference to an EIAR shall be read as a reference to an EIAR or a retrospective EIAR, as the case may be,

and

(b) any other necessary modifications.

Chapter 5

46. General provisions relating to licensee

46. (1) A licensee shall comply with the licence and any condition to which the licence is subject.

(2) The Agency shall only grant a licence under this Part to a person who—

(a) has not been convicted of an offence under this Act or any other enactment or rule of law relating to environmental objectives or other standards relating to protection of water quality in circumstances which are, in the opinion of the Agency, of such seriousness as to warrant a refusal to grant the licence,

(b) has not come to the attention of the Agency in respect of a breach of a licence under this Act or other licence or authorisation howsoever called granted by the Agency under another enactment where the breach is, in the opinion of the Agency, of such seriousness as to warrant a refusal to grant the licence,

(c) in the opinion of the Agency has, or any individual employed by the person to direct or control the carrying out of the abstraction has, the requisite technical knowledge or qualifications to carry out the abstraction in accordance with the licence and requirements of this Act, and

(d) in the opinion of the Agency, is likely to be in a position to meet the financial commitments or liabilities that the Agency reasonably considers have been or will be entered into or incurred in carrying out the abstraction to which the licence relates or will relate, in accordance with the conditions to which the licence is likely to be subject or in consequence of ceasing to carry out the abstraction.

(3) Subsection (2) applies—

(a) in a case where more than one person applies for a licence, to each of the persons who applies for the licence, and

(b) in a case where a person applies for a licence on behalf of persons who may include the first mentioned person, to the person who applies for the licence and each of the persons on behalf of whom the application is made.

(4) Where in a case referred to in paragraph (a) or (b) of subsection (3), each of the persons to whom any licence is granted shall be responsible jointly and severally for the licence and conditions to which it is subject.

(5) In subsection (2), where the person applying to be the licensee is a body corporate, the Agency shall only grant a licence to that body corporate where each of its directors, managers, secretary or other officers of the body corporate purporting to act in that capacity would, if an applicant, satisfy the Agency in relation to the requirements specified in subsection (2).

(6) A person who contravenes subsection (1) shall be guilty of an offence.

47. Application for joint licence

47. (1) Where an abstraction and its associated impoundment are carried out and operated by different persons, an application under this Part for a licence may be made—

(a) by the person carrying out the abstraction, on the person’s own behalf and on behalf of the person operating the associated impoundment, or

(b) jointly by both of those persons,

and in the case of an application for a licence under paragraph (a) or (b), (in this Act referred to as a “joint licence”), the person carrying out the abstraction and the person operating the associated impoundment shall, subject to subsection (6), be responsible jointly and severally for any joint licence that may be granted and for compliance with any conditions to which it may be subject.

(2) The Agency may require the applicant for a joint licence to furnish information and documents relating to any agreement providing for the abstraction and associated impoundment entered into between the person carrying out the abstraction and the person operating the associated impoundment.

(3) The Agency may take account of the terms and conditions contained in an agreement referred to in subsection (2) when determining an application for a joint licence.

(4) The Agency shall only grant a joint licence in respect of an application referred to in subsection (1) where the Agency is satisfied, taking the terms and conditions of any agreement referred to in subsection (2) into account, that—

(a) the person operating the associated impoundment has agreed to the abstraction,

(b) the person operating the associated impoundment is aware that any joint licence granted by the Agency will be subject to conditions, which will apply to the associated impoundment, and

(c) there is agreement between the person carrying on the abstraction and the person operating the associated impoundment—

(i) concerning the cesser of the abstraction, and

(ii) to ensure that the cesser or amendment of the abstraction, including by operation of section 49, 50, 51, 52 or 53 will not affect the continued operation of the associated impoundment concerned as an associated impoundment to which a joint licence (other than the joint licence the subject of the application under subsection (1)) applies.

(5) Where, on an application for a joint licence, the associated impoundment is the subject of an existing licence or joint licence relating to a different abstraction, the Agency may only grant a joint licence on foot of the application where the Agency is satisfied that the grant of the joint licence—

(a) will not give rise to any alteration to the impoundment concerned, including its operation, such as to cause the water body concerned to fail or be likely to fail to meet its environmental objectives, and

(b) will not affect the continued operation of the associated impoundment concerned as an associated impoundment to which the existing licence or joint licence applies.

(6) Notwithstanding subsection (1), the Agency may, having considered an application for a joint licence, require on the grant of the licence that one only of the joint holders of the licence shall be responsible for the licence or for one or more than one condition to which it is subject, where the Agency is satisfied that such requirement will not affect the need to protect environmental objectives and—

(a) where one of the joint holders of the licence is a public authority, the requirement is necessary for the proper performance of the public authority’s functions, or

(b) on the basis of the application, that compliance with the joint licence and the conditions to which it is subject will not be affected.

(7) The obligations under this section in relation to an application for a joint licence shall operate in addition to and not in substitution for the obligations of an applicant or the Agency on an application for a licence under section 21, 29 or 37.

(8) On an application referred to in subsection (1)(b), the Agency where granting a joint licence, shall grant it to both of the persons who jointly applied for it.

(9) In this section, a reference to an abstraction being carried out or an associated impoundment being operated includes as necessary a reference to an abstraction proposed to be carried out or an associated impoundment proposed to be operated.

48. Owner of impoundment not identified

48. (1) Notwithstanding section 47, where an application under this Part relates to an abstraction and its associated impoundment, but the identity, existence or whereabouts of the person who is the holder of a right, title or interest in the associated impoundment cannot be established by taking reasonable measures, the applicant shall furnish to the Agency such particulars as the Agency may specify concerning searches made by or on behalf of the applicant to establish that identity, existence or whereabouts.

(2) The Agency may grant a licence to an applicant referred to in subsection (1) that is not a joint licence where the Agency is satisfied—

(a) that all reasonable measures referred to in that subsection were taken to identify the holder of a right, title or interest in the associated impoundment, and

(b) the applicant has agreed to be liable under the licence for the operation of the associated impoundment and compliance with any conditions under the licence relating to the associated impoundment.

(3) The licensee and holder of the right, title or interest in the associated impoundment shall comply with matters prescribed under section 57 where the holder becomes known after the grant of the licence.

49. Surrender of licence

49. (1) A licensee who has ceased or who intends to cease carrying out an abstraction to which the licence relates may, subject to this section, surrender the licence.

(2) A licensee who has ceased carrying out an abstraction shall immediately, on the occurrence of the cesser, give notice of it to the Agency.

(3) The cesser of an abstraction to which a licence relates shall not affect the obligations of the licensee to comply with the requirements of the licence, any conditions to which the licence is subject or this Act.

(4) The surrender of a licence shall not affect the obligations of the person who surrendered the licence to comply with any conditions to which the surrender of the licence is subject or this Act.

(5) A licensee referred to in subsection (1) shall make an application to the Agency for a decision to accept a surrender of the licence, in such form and accompanied by such information, including but not limited to evidence of the cessation of the abstraction, as may be prescribed under section 57.

(6) On receipt of an application under subsection (5), the Agency may—

(a) inspect the site of the abstraction and, as appropriate, any abstraction still being carried out, and

(b) require the person who makes the application to submit to the Agency, within such period as the Agency may specify, such further information as the Agency may specify.

(7) The Agency may give notice to a person who makes an application under subsection (5), requiring the person to carry out, or have carried out, any monitoring, sampling or investigation, within the period and in the manner specified in the notice, as the Agency considers necessary for the purpose of considering the application.

(8) Before the Agency makes a decision to accept the surrender of a licence on foot of an application under subsection (5), it shall consult with such persons it considers appropriate and in accordance with such procedures as may be prescribed under section 57.

(9) The Agency shall only make a decision on an application under subsection (5) to accept a surrender of the licence concerned where it is satisfied—

(a) that the carrying out of the abstraction has ceased,

(b) in the case of an application relating to a licence referred to in section 48 or a joint licence—

(i) that the associated impoundment has ceased operating, or

(ii) that the cesser or proposed cesser of the abstraction will not affect the continued operation of the associated impoundment concerned as an associated impoundment to a different abstraction which is the subject of a joint licence (other than the joint licence the subject of the application under subsection (5)),

and

(10) The Agency shall give notice of its decision on an application under subsection (5) to the licensee who makes the application and shall give the main reasons for the decision.

(11) The surrender of a licence under this section may be subject to such conditions as the Agency considers necessary.

(12) Where the surrender of a licence under this section is subject to conditions—

(a) the conditions to which the surrender is subject shall be entered in the register by the Agency, and

(b) the licence may not be surrendered until the Agency gives notice to the licensee that the Agency is satisfied that the conditions have been complied with.

(13) Subject to subsections (3) and (4), where the decision on an application under subsection (5) is to accept a surrender of a licence, the licence shall be taken to be surrendered on the date of the giving of the notice under subsection (10) or, if applicable under, subsection (12)(b).

(14) Where the decision on an application under subsection (5) is to accept a surrender of the licence the Agency shall give notice of the decision to—

(a) the local authority in whose functional area the abstraction is being or has been carried out, and

(b) any person consulted by the Agency under subsection (8).

50. Transfer of licence

50. (1) A licence may only be transferred from the licensee to another person in accordance with this section.

(2) The licensee and the person to whom the licence is proposed to be transferred (in this section referred to as the “proposed transferee”) shall jointly make an application to the Agency requesting the Agency to transfer the licence.

(3) An application under subsection (2) shall be made in such form and include such information as may be prescribed under section 57 and shall be accompanied by the licence concerned.

(4) The Agency may require the provision of such further information by the licensee or the proposed transferee as it considers appropriate for the purposes of considering an application under subsection (2).

(5) The Agency may only make a decision on an application under subsection (2), and any further information provided in respect thereof to effect the transfer of the licence where the Agency is satisfied—

(a) that the proposed transferee would if an applicant for a like licence in respect of the abstraction concerned, satisfy the requirements for the grant of a like licence under this Part, including in particular the requirements of section 46,

(b) in the case of a joint licence—

(i) that the persons jointly and severally responsible for the licence under section 47 have jointly made the application under subsection (2), and

(ii) where the abstraction and its associated impoundment are, following the transfer, to be carried out and operated by different persons, as to the matters referred to in section 47,

and

(6) The Agency shall give notice of its decision on an application under subsection (2) to the persons who make the application and shall give the main reasons for the decision.

(7) A person to whom a licence is transferred under this section shall be deemed to have assumed and accepted all liabilities, requirements and obligations provided for in or arising under the licence, regardless of how and in respect of what period, including a period prior to the transfer of the licence, that such liabilities, requirements and obligations may arise.

(8) In this section, “like licence” does not require that the same number of persons hold a transferred licence as held the licence before the transfer.

51. Review of conditions attached to licence on application by licensee

51. (1) The Agency may carry out a review of and, if appropriate, amend the conditions attached to a licence for an abstraction, other than an abstraction of a class referred to in section 21(3)(a), on application to it in that behalf by the licensee where the application is made in such form and accompanied by such information as may be specified by the Agency.

(2) A licensee who requires the Agency to carry out a review of the conditions attached to a licence for an abstraction of a class referred to in section 21(3)(a), shall make an application, accompanied by an EIAR, under section 21 for a new licence.

(3) Where the application for a review under subsection (1) relates to a licence for an abstraction of a class referred to in section 21(3)(b), the application for the review shall include—

(a) a description, with particular reference to the conditions under review, of the nature and extent of the abstraction, its characteristics, its likely significant effects on the environment (including the information specified in Schedule 7A to the Regulations of 2001), and

(b) where relevant, information, with particular reference to those conditions, on how the available results of other relevant assessments of the effects on the environment carried out pursuant to any enactment or under European Union legislation (other than the EIA Directive) have been taken into account.

(4) The Agency shall carry out a screening for EIA and make a screening determination in respect of an application referred to in subsection (3) within 8 weeks after receipt of the application, or where further information is required under subsection (5), within 8 weeks after the receipt of that information, whichever occurs later.

(5) For the purposes of a review or a screening determination under this section, the Agency may require the licensee who applies for the review to furnish to the Agency such further information, within such period, as the Agency may specify.

(6) Where, on foot of the screening determination, the Agency decides that an amendment of any condition is likely to have significant effects on the environment, the Agency shall, as soon as practicable give notice to the licensee—

(a) of the decision to refuse the application under subsection (1),

(b) of the main reasons for that decision with reference to the relevant criteria specified in Schedule 7 to the Regulations of 2001, and

(c) of the requirement, if the licensee wishes to amend the conditions attached to the licence, to make an application, accompanied by an EIAR, under section 21 for a new licence.

(7) The Agency may decide on an application under this section (other than in relation to an application where it has made a decision under subsection (6))—

(a) to refuse the application,

(b) to review the conditions of the licence and—

(i) amend the conditions attached to the licence,

(ii) amend the conditions subject to modifications, or

(iii) refuse to amend the conditions.

(8) In carrying out a review under this section, the Agency shall have regard to the matters referred to in paragraphs (a) to (i) of section 20(2) and the Agency shall not amend the conditions attached to the licence unless it is satisfied that the abstraction, carried out in accordance with such conditions as may be attached to the licence, will not—

(a) cause a deterioration in the status of the body of surface water concerned or the body of groundwater concerned, and

(b) compromise compliance with any standards and objectives established for a protected area, where applicable.

(9) The Agency shall, as soon as practicable after making a decision under subsection (7), give notice of the decision to the licensee together with the main reasons for the decision.

52. Review by Agency of conditions attached to licence

52. (1) The Agency may not more frequently than once in every 3 year period after the date of the grant of a licence, carry out a review of the licence and the abstraction to which it relates and, if appropriate, amend the conditions attached to a licence where—

(a) in the opinion of the Agency, the continued abstraction without review of the conditions of the licence is likely to cause deterioration in the status of the body of groundwater or body of surface water from which the abstraction is carried out,

(b) in the opinion of the Agency, the continued abstraction without review of the conditions of the licence is likely to cause the body of groundwater or body of surface water from which the abstraction is carried out to fail or be likely to fail to meet its environmental objectives,

(c) the Agency forms the view that a review is warranted because information or evidence relating to one or more of the conditions, not considered by the Agency when the licence was granted, comes before the Agency,

(d) the Agency forms the view that a review is warranted due to the requirements of this Act or any other enactment or rule of law regarding environmental objectives, or other standards relating to protection of water quality, or

(e) in accordance with the conditions of the licence, the holder of the licence informs the Agency of a material change to the abstraction or an increase in the daily rate.

(2) Where the Agency proposes a review of conditions under subsection (1) it shall give notice to the licensee of the proposal which shall—

(a) contain the main reasons for the proposal,

(b) in the case of a licence for an abstraction of a class referred to in section 21(3)(a), inform the licensee of its opinion that the licensee is required to make an application, accompanied by an EIAR, under section 21 for a new licence,

(c) in the case of a licence for an abstraction of a class referred to in section 21(3)(b), request the licensee to provide—

(i) a description, with particular reference to the conditions the Agency proposes to review, of the nature and extent of the abstraction, its characteristics, its likely significant effects on the environment (including the information specified in Schedule 7A to the Regulations of 2001), and

(ii) where relevant, information with particular reference to those conditions, on how the available results of other relevant assessments of the effects on the environment carried out pursuant to any enactment or under European Union legislation (other than the EIA Directive) have been taken into account,

and

(d) request the licensee to provide observations in writing to the Agency on the proposal, and any other information which the Agency may request, within the period specified in the notice.

(3) Where, having considered any observations and information provided under subsection (2)(d), the Agency decides that the licensee referred to in subsection (2)(b) is required to make an application, accompanied by an EIAR under section 21 for a new licence it shall, as soon as practicable, give notice to the licensee—

(a) giving the main reasons for the decision of the Agency and that it may be appealed under section 55, and

(b) of the requirement to make an application, accompanied by an EIAR, under section 21 for a new licence within the period specified in the notice.

(4) Having considered any observations and information provided under subsection (2)(d), the Agency may carry out a review of the abstraction and, in relation to a proposal to review an abstraction referred to in subsection (2)(c), the Agency shall carry out a screening for EIA and make a screening determination in respect of the review under this section within 8 weeks after receipt of the description and information referred to in subsection (2)(c).

(5) For the purposes of a screening determination under this section the Agency may require the licensee to furnish to the Agency such further information within such period as the Agency may specify.

(6) Where, on foot of the screening determination the Agency decides that an amendment of any condition is likely to have significant effects on the environment, the Agency shall, as soon as practicable, give notice of the decision to the licensee—

(a) giving the main reasons for that decision with reference to the relevant criteria specified in Schedule 7 to the Regulations of 2001 and that it may be appealed under section 55, and

(b) of the requirement to make an application, accompanied by an EIAR, under section 21 for a new licence within the period specified in the notice.

(7) Other than in respect of a licence the subject of a decision of the Agency under subsection (3) or (6) , the Agency may decide—

(a) to amend the conditions attached to the licence, or

(b) not to amend the conditions attached to the licence.

(a) cause a deterioration in the status of the body of surface water concerned or the body of groundwater concerned, and

(b) compromise compliance with any standards and objectives established for a protected area, where applicable.

(9) The Agency shall, as soon as practicable after making a decision under subsection (7), give notice of the decision to the licensee together with the main reasons for the decision and that the decision may be appealed under section 55.

(10) A licensee who fails to comply with a notice under subsection (3) or (6) shall be guilty of an offence.

53. Revocation or suspension of licence

53. (1) The Agency may revoke a licence or suspend the operation of a licence if—

(a) the licensee fails to comply with an order of the Circuit Court under section 101,

(b) it appears to the Agency that the licensee no longer satisfies the requirements specified in section 46(2) in circumstances which are, in the opinion of the Agency, of such seriousness as to warrant the revocation of the licence or the suspension of its operation,

(c) it appears to the Agency that the licensee has provided information to the Agency which is false or misleading in a material particular, in purported compliance with this Act or regulations under this Act in circumstances which are, in the opinion of the Agency, of such seriousness as to warrant the revocation of the licence or the suspension of its operation,

(d) the carrying out of the abstraction to which the licence relates has not been substantially commenced within 3 years after the date on which the licence was granted, or

(e) the abstraction to which the licence relates has ceased to be carried out and has not resumed within 3 years after that cessation in circumstances where the licensee has not made an application for its surrender under section 49.

(2) Where the Agency proposes to revoke or suspend a licence under this section, it shall, in accordance with procedures prescribed under section 57, give notice to the licensee of its proposal and shall give the licensee an opportunity to make observations in writing to it in relation to the matter.

(3) The Agency may give notice to any person it considers appropriate of a proposal to revoke or suspend a licence and may request information from the person in relation to the proposal to be provided to the Agency within the period specified in the notice.

(4) The Agency may, having considered any observations made by the licensee and information provided by any person referred to in subsection (3), decide to revoke or suspend the licence and shall give notice to the licensee of its decision, the main reasons for it, and that the decision may be appealed under section 55.

(5) The Agency may attach conditions to the revocation or suspension of a licence and the person who was the licensee in the case of a revocation, or the licensee in the case of a suspension, shall be liable to comply with the conditions notwithstanding that revocation or suspension.

(6) An appeal under section 55 against a decision of the Agency under this section shall operate to suspend the decision until an order of the High Court is made under section 55(5) unless—

(a) the Agency applies to the High Court to have its decision stand pending the making of the order, and

(b) the High Court, where it considers it appropriate to do so in all the circumstances of the case, orders that the decision of the Agency, or such particular effects of the decision as the High Court may order, shall stand pending an order under section 55(5).

54. Termination of suspension

54. (1) A licensee whose licence has been suspended under section 53 may apply to the Agency, upon the compliance by the licensee with a condition attached under section 53(5), or having otherwise remedied the reasons for the suspension and in accordance with regulations under section 57, to terminate the suspension.

(2) The licensee who makes an application under subsection (1) shall furnish information, in such form as may be specified by the Agency, to satisfy the Agency that the suspension of the licence may be terminated.

(3) The Agency may request the licensee concerned to furnish additional documents or information for the purpose of making a decision on an application under subsection (1).

(4) Where the Agency makes a request under subsection (3), the application under subsection (1) shall not be considered until the licensee concerned complies with that request.

(5) The Agency, having considered an application under subsection (1) and any information furnished under subsection (2) or (3), may decide to—

(a) terminate the suspension of the licence, or

(b) refuse to terminate the suspension of the license.

(6) The Agency shall give notice to the licensee of its decision, the main reasons for it and, in the case of a decision under subsection (5)(b), that the decision may be appealed under section 55.

55. Appeal to High Court against certain decisions of Agency

55. (1) The licensee may, within 8 weeks after the date of the notice under subsection (3), (6) or (9) of section 52, section 53(4) or 54(6), in the case of a decision under section 54(5)(b), appeal to the High Court against the decision.

(2) The High Court may, for the purpose of ensuring the efficient, fair and timely determination of an appeal, issue directions in respect of the conduct of the appeal.

(3) The High Court shall dismiss an appeal which is vexatious, frivolous, an abuse of process or without substance of foundation.

(4) The High Court may on the application of the licensee to whom a notice under section 52(9) has been given, extend the period for the making of an appeal under subsection (1) where satisfied that—

(a) there is good and sufficient reason for doing so, and

(b) the circumstances that resulted in the failure to bring the appeal within the period referred to in subsection (1) were outside the control of the licensee.

(5) Following the consideration of an appeal under this section, the High Court may—

(a) confirm the decision of the Agency, or

(b) where on the hearing of the appeal, it decides that the Agency, in making its decision committed a serious and significant error of law or fact, or a series of minor errors of law or fact which when taken together amount to a serious and significant error—

(i) set aside the decision of the Agency,

(ii) set aside the decision of the Agency and replace it with such other decision as the Court considers just or appropriate to make, or

(iii) remit the decision for reconsideration by the Agency, subject to such directions as the Court considers appropriate.

Chapter 6

56. Judicial review

56. (1) Where a point of law arises on any matter with which the Agency is concerned under section 27, 35, 44, 49, 50 or 51, with which the Board is concerned under section 67 or with which the Minister is concerned under section 81, the Agency, Board or the Minister may refer the point to the Court for decision.

(2) A person shall not question the validity of any decision made or other act done by the Agency under section 27, 35, 44, 49, 50 or 51 a decision made or Act done by the Board under section 67 or a decision made or other act done by the Minister under section 81 otherwise than by way of an application for judicial review under Order 84.

(3) The Agency, the Board or the Minister may, at any time after the bringing of an application for leave to apply for judicial review of any decision or other act to which subsection (2) applies and which relates to a matter for the time being before the Agency, the Board or the Minister, apply to the Court to stay the proceedings pending the making of a decision by the Agency, the Board or the Minister in relation to the matter concerned.

(4) On the making of such an application, the Court may, where it considers that the matter before the Agency, the Board or the Minister is within the jurisdiction of the Agency, the Board or the Minister, make an order staying the proceedings concerned on such terms as it thinks fit.

(5) Subject to subsection (6), an application for leave to apply for judicial review under Order 84 in respect of a decision or other act to which subsection (2) applies (in this section referred to as an “application for leave”) shall be made within the period of 8 weeks beginning on the date of the Agency giving notice of its decision under section 27, 35, 44, 49, 50 or 51, the Board giving notice of its decision under section 67(3) or the Minister making an order under section 80(4) or giving notice under section 80(6) or, as the case may be, the date of the doing of the act by the Agency, the Board or the Minister, as appropriate.

(6) The Court may extend the period provided for in subsection (5) within which an application for leave may be made but shall only do so if it is satisfied that—

(a) there is good and sufficient reason for doing so, and

(b) the circumstances that resulted in the failure to make the application for leave within the period so provided were outside the control of the applicant for the extension.

(7) (a) An application for leave shall be made by motion ex parte and shall be grounded in the manner specified in Order 84 in respect of an ex parte motion for leave.

(b) The Court hearing the ex parte application for leave may decide, having regard to the issues arising, the likely impact of the proceedings on the respondent or another party, or for other good and sufficient reason, that the application for leave should be conducted on an inter partes basis and may adjourn the application on such terms as it may direct in order that a notice may be served on that person.

(c) If the Court directs that the leave hearing is to be conducted on an inter partes basis it shall be by motion on notice (grounded in the manner specified in Order 84 in respect of an ex parte motion for leave)—

(i) to the Agency, the Board or the Minister, as the case may be, and

(ii) to any other person specified for that purpose by order of the Court.

(d) The Court may—

(i) on the consent of all of the parties, or

(ii) where there is good and sufficient reason for so doing and it is just and equitable in all the circumstances,

treat the application for leave as if it were the hearing of the application for judicial review and may for that purpose adjourn the hearing on such terms as it may direct.

(8) The Court shall not, on an application for leave, grant the leave unless it is satisfied that—

(a) there are substantial grounds for contending that the decision or act concerned is invalid or ought to be quashed, and

(b) the person applying for leave—

(i) has a sufficient interest in the matter which is the subject of the application, or

(ii) where the decision or act concerned relates to an abstraction identified in accordance with Part 5 as an abstraction which may have significant effects on the environment—

(I) is a body or organisation (other than a State authority, a public authority or governmental body or agency) the aims or objectives of which relate to the promotion of environmental protection,

(II) has, during the period of 12 months preceding the date of the application for leave, pursued those aims or objectives, and

(III) satisfies such requirements as may be prescribed under section 57(2)(q).

(9) A sufficient interest for the purposes of subsection (8)(b) is not limited to an interest in land or other financial interest.

(10) If the Court, on an application for leave, grants the leave, no grounds shall be relied upon in the application for judicial review under Order 84 other than those determined by the Court to be substantial under subsection (8)(a).

(11) The Court may, as a condition for granting leave, require the applicant for such leave to give an undertaking as to damages.

(12) The determination of the Court of an application for leave or of an application for judicial review on foot of such leave shall be final and no appeal shall lie from the decision of the Court to the Court of Appeal in either case save with leave of the Court which leave shall only be granted where the Court certifies that its decision involves a point of law of exceptional public importance and that it is desirable in the public interest that an appeal should be taken to the Court of Appeal.

(13) Subsection (12) shall not apply to a determination of the Court in so far as it involves a question as to the validity of any law having regard to the provisions of the Constitution.

(14) If an application is made for judicial review under Order 84 in respect of part only of a decision or other act to which subsection (2) applies, the Court may, if it thinks fit, declare to be invalid or quash the part concerned or any provision thereof without declaring invalid or quashing the remainder of the decision or other act or part of the decision or other act, and if the Court does so, it may make any consequential amendments to the remainder of the decision or other act or the part thereof that it considers appropriate.

(15) The Court shall, in determining an application for leave or an application for judicial review on foot of such leave, act as expeditiously as possible consistent with the administration of justice.

(16) On an appeal from a determination of the Court in accordance with subsection (12) in respect of an application for leave or an application for judicial review on foot of such leave, the Court of Appeal shall—

(a) have jurisdiction to determine only the point of law certified by the Court under subsection (12) (and to make only such order in the proceedings as follows from such determination), and

(b) in determining the appeal, act as expeditiously as possible consistent with the administration of justice.

(17) Rules of court may make provision for the expeditious hearing of applications for leave and applications for judicial review on foot of such leave.

(18) In this section—

“Court”, where used without qualification, means the High Court (but this definition shall not be construed as meaning that subsections (8) to (11) and (14) do not extend to and govern the exercise by the Court of Appeal of jurisdiction on any appeal that may be made);

“Order 84” means Order 84 of the Rules of the Superior Courts (S.I. No. 15 of 1986).

57. Regulations relating to licences

57. (1) The Minister may by regulations prescribe such matters of procedure and administration as appear to the Minister to be necessary or expedient in respect of this Part.

(2) Without prejudice to the generality of subsection (1), regulations under this section may provide for any or all of the following:

(a) the form and manner in which an application for a licence, an application for the surrender of a licence, an application for the transfer of a licence, an application for the review of the conditions to which a licence is subject and an application to terminate a suspension of a licence, shall be made, including by electronic means;

(b) the form and manner of a notice of a review by the Agency under section 52, and any information to be provided by the licensee to the Agency for the purpose of the review;

(d) any fees to be charged by the Agency in order to consider an application, or class of application, specified in paragraph (a);

(e) the information to be provided by an applicant in relation to an application specified in paragraph (a) and the form and manner in which that information is to be provided;

(f) the information and particulars to be provided by an applicant to the Agency to enable it to form an opinion under paragraph (c) or (d) of section 46(2);

(g) the information and particulars, including reports and technical assessments relating to an EIA or retrospective EIA, to be provided by an applicant to the Agency;

(h) the information to be provided by an applicant and the Agency to the EIA portal;

(i) the period within which any information and particulars specified in paragraph (b), (e), (f), (g) or (h) shall be provided;

(j) procedures to be followed by the Agency where an applicant requests that technical, financial or commercial information provided in relation to an application specified in paragraph (a) is confidential;

(k) procedures to be followed by applicants for a joint licence under section 47;

(l) information and particulars to be provided by a licensee who holds a licence referred to in section 48(2) and procedures to be followed by the licensee, the holder of the right, title or interest in the associated impoundment and the Agency where the holder becomes known after the grant of the licence;

(m) procedures to be followed by the Agency and licensee on a revocation or suspension of a licence under section 53, or termination of a suspension under section 54;

(n) the publication of a notice or notices by an applicant in respect of an application specified in paragraph (a) within a specified period and the form, manner and information to be included in such a notice;

(o) the making available of specified information and documents by the Agency to specified public bodies and members of the public, on the website of the Agency or otherwise, in relation to—

(i) an application specified in paragraph (a),

(ii) a review under section 52,

(iii) the fact that an application is subject to an EIA or a retrospective EIA,

(iv) an EIAR or a retrospective EIAR,

(v) the main reports and advice issued to the Agency in relation to an EIA or a retrospective EIA,

(vi) the existence of exceptional circumstances under section 30 or 39,

(vii) a proposed decision and decision on an application specified in paragraph (a) including the main reasons for the decision,

(viii) the times and places at which, and the means by which, information will be available, and

(ix) the arrangements for public participation and consultation;

(p) the procedures to be followed by the Agency in respect of an application specified in paragraph (a), a review under section 52, an assessment under section 19, and in respect of the revocation or suspension of a licence, including the procedures for consultation with members of the public and such bodies as the Agency considers appropriate in relation to such application, any EIA or retrospective EIA, the Agency’s consideration of exceptional circumstances under section 30 or 39, the Agency’s proposed decision and decision under section 27, 35 or 44 and the timeframe for submissions or observations;

(q) additional requirements which a body or organisation referred to in section 56(8)(b)(ii) shall satisfy in order to be granted leave under that section, being requirements of a general nature and for the purposes of transparency and accountability in the operation of such body or organisation including requirements—

(i) in relation to its membership,

(ii) that the pursuit of its aims or objectives be otherwise than for profit,

(iii) in relation to the possession of a specified legal personality and the possession of a constitution or rules, or

(iv) that the area of environmental protection to which its aims or objectives relate is relevant to the class of matter to which the decision of the Agency, the Board or the Minister, the subject of the application for leave to apply for judicial review, falls;

(r) the extension of time limits;

(s) such provisions as may be required for the purpose of giving effect to the EIA Directive and otherwise in relation to an EIA or retrospective EIA of an abstraction, including the issuing of an opinion by the Agency on the scope and level of detail of the information to be included in an EIAR or a retrospective EIAR, the procedures for carrying out an EIA and a retrospective EIA where both assessments are required in respect of a combined application for a licence and the carrying out of an EIA or a retrospective EIA by the Agency in circumstances where a screening determination or a retrospective screening determination has not been made;

(t) the manner and form in which notice is to be given to the Agency under section 19;

(u) the conditions that may be attached to a licence under section 20;

(v) the fees which may be imposed on the licensee by the Agency to discharge the costs incurred by the Agency specified in section 20(7);

(w) notification to, the provision of information to, and consultations with a Member State or a transboundary state and members of the public in that state in respect of an application for a licence that is likely to have had or is likely to have significant effects on the environment of a Member State or a transboundary state;

(x) the timeframe for any notification, provision of information and consultation under paragraph (w) and the extension of time limits in respect of a decision on an application for a licence to facilitate such consultation;

(y) procedures for receipt of a notification from another Member State or a transboundary state regarding an abstraction, including notification to the Agency by the Minister and the notification and consultation procedures to be undertaken by the Agency, including the timeframe for such notification and consultation;

(z) such incidental, supplementary and consequential matters as appear to the Minister to be necessary or expedient for the purposes of giving effect to this Part.

(3) A person who contravenes a provision of regulations under this section declared in the regulations to be a penal provision shall be guilty of an offence.

58. Agency guidelines

58. (1) The Agency shall, as soon as may be, and following consultation with the Minister and such public authorities as the Agency considers appropriate, prepare and issue technical guidelines on the categories of abstraction that are likely to require a retrospective EIA or a retrospective screening determination under this Part, including the abstractions that are considered to be of a class specified in—

(a) subparagraph (ii) of section 15(4)(b),

(b) paragraph (a) or (b) of section 29(3), and

(2) Before making guidelines under subsection (1), the Agency shall have regard to the EIA Directive and may have regard to the Act of 2000 F16[or the Act of 2024] and the Regulations of 2001.

(3) The Agency shall have regard to the EIA Directive and to the Regulations of 2001 in the preparation of guidelines under subsection (1).

(4) The Agency shall, as soon as practicable, publish on its website guidelines issued under subsection (1).

(5) The Agency shall, at such intervals as it considers appropriate, revise guidelines issued under subsection (1) and the provisions of this section shall apply to the preparation, issuing and publication of such revised guidelines as they apply to the guidelines first issued.

(6) A failure on the part of any person to observe any provision of guidelines issued and published under this section shall not, of itself, render that person liable to any proceedings.

59. Clerical or technical amendment of licence

59. (1) The Agency may amend a licence for the purposes of—

(a) correcting any clerical error therein,

(b) facilitating the doing of any thing pursuant to a condition attached to the licence where the doing of that thing may reasonably be regarded as having been contemplated by the terms of the condition or the terms of the licence taken as a whole but which was not expressly provided for in the condition, or

(c) otherwise facilitating the operation of the licence, where the making of the amendment does not result in the requirements of this Part ceasing to be satisfied.

(2) The Agency shall, where appropriate, consult with the licensee before exercising the power under subsection (1).

(3) The Agency shall, as soon as may be after the exercise of the power under subsection (1), notify particulars of the amendment effected by that exercise to the licensee and the planning authority or person consulted by the Agency in relation to the application for the licence.

PART 6 Abstraction by Irish Water

Chapter 1

60. Definitions and provision relating to notices

60. (1) In this Part—

“Act of 1845” means the Lands Clauses Consolidation Act 1845;

“Act of 2007” means the Water Services Act 2007;

“ancillary operations” means embanking, damming, dredging, deepening, widening, straightening, diverting, altering the level of or otherwise affecting a source of water or any river, lake, pond, or other water on or connected (directly or indirectly) with a public abstraction;

“EIA” has the same meaning as it has in Chapter 1 of Part 5;

“emergency abstraction” has the meaning given to it by section 78(1);

“land” has the same meaning as it has in the Act of 2007;

“materially adversely affected” in relation to a right, title or interest in an easement, way-leave, water right, fishing right or other right over or in respect of water, means an actual material impediment to the use or enjoyment of that right, title or interest or actual material loss suffered and shall not include a trivial impediment or loss;

“objection” has the meaning given to it by section 64(1);

“supply of public water” means all services related to the provision of water intended for human consumption, including the storage, treatment or distribution of surface water, groundwater or water supplied by a water services authority (within the meaning of the Act of 2007);

“temporary abstraction” has the meaning given to it by section 74(1).

(2) Failure by Irish Water to give a notice to every person, other than the Agency and Waterways Ireland, that is required under this Part, shall not in relation to the public abstraction, temporary abstraction or emergency abstraction to which the notice refers, of itself invalidate—

(a) the carrying out of the abstraction concerned,

(b) any consideration by the Board under section 66,

(d) the consideration by the Minister under section 80, or

(e) the hearing of an appeal by the District Court under section 81.

(3) Where subsection (2) applies, a person referred to in that subsection may make an application to the District Court and the Court may—

(a) direct Irish Water to give a notice to that person, and

(b) make such other ancillary orders as the Court thinks reasonable.

61. Power to carry out public abstraction

61. (1) Subject to the requirements of this Act and any other enactment, Irish Water may carry out a public abstraction and undertake any ancillary operations as are necessary for the purpose of carrying out the public abstraction.

(2) For the purpose of subsection (1), Irish Water may—

(a) control and from time to time alter or otherwise affect the level of any river, lake, pond, or other water on or connected (directly or indirectly) with the public abstraction,

(b) control and from time to time divert or otherwise interfere with, the flow of water in any river, lake, pond or other water connected (directly or indirectly) with the public abstraction,

(c) carry out the public abstraction notwithstanding the right of any person to prevent or restrict the public abstraction,

(d) restrict or otherwise interfere with any easement, way-leave, water right, fishing right or other right over or in respect of any water, and

(e) carry out the public abstraction notwithstanding that Irish Water has not acquired the right, title or interest of any person in an easement, way-leave, water right, fishing right or other right over or in respect of the water in the source of water from which the public abstraction shall be carried out, or to the uninterrupted flow of water from that source of water into or through any watercourse, whether natural or artificial.

62. Notice of proposal to carry out public abstraction

62. (1) Irish Water shall, not less than 42 days before the date on which it proposes to commence carrying out a public abstraction, give notice of the proposal in accordance with this section.

(2) A notice under subsection (1) shall be—

(a) given to the owner and occupier of the land where the abstraction point or points at which Irish Water proposes to carry out the public abstraction is or are located,

(b) given to any person who, to the knowledge of Irish Water having made reasonable inquiry, has a right, title or interest in any easement, way-leave, water right, fishing right or other right over or in respect of the water to which the proposal to carry out a public abstraction relates,

(d) published in accordance with section 63.

(3) A notice under subsection (1) shall—

(a) state that Irish Water proposes to carry out a public abstraction,

(b) specify the date on which Irish Water proposes to commence carrying out the public abstraction,

(c) identify, by means of such particulars, maps, plans or drawings as Irish Water considers appropriate the source of water from which the public abstraction is proposed to be carried out and its location,

(d) identify, by means of such particulars, maps, plans or drawings as Irish Water considers appropriate the abstraction point or points at which the public abstraction is proposed to be carried out and its or their location,

(e) specify the proposed daily rate of the public abstraction and, if applicable, specify different daily rates proposed to be abstracted at different times during a 12 month period,

(f) where the water is to be abstracted from a source of water that is a lake, provide an estimate of the effect of the proposed public abstraction on the level of the lake,

(g) where the water is to be abstracted from a source of water that is not a lake, provide an estimate of the effect of the proposed public abstraction—

(i) on the flow of water in a river or stream, or

(ii) on the level of groundwater,

(h) where a canal forms part of the hydrological regime of the source of water, provide an estimate of the impact of the proposed public abstraction, if any, on the structural integrity of the canal,

(i) identify any entry of the public abstraction in the register and confirm whether any application has been made under Part 5 for a licence for the public abstraction,

(j) where any ancillary operations associated with the carrying out of the public abstraction are subject to a grant of permission for development under Part III of the Act of 2000, or a requirement to apply for such permission under that Act, include information on where the grant of planning permission or the application for permission may be inspected,

(k) state that any person who believes that his or her right, title or interest in an easement, way-leave, water right, fishing right or other right over or in respect of water would be materially adversely affected by the proposed public abstraction may make an objection to the proposal in accordance with this Part,

(l) state that any person whose right, title or interest in an easement, way-leave, water right, fishing right or other right over or in respect of water has been materially adversely affected by the carrying out of the public abstraction may, in accordance with section 69, claim compensation from Irish Water in respect of any damage suffered in consequence of the public abstraction, and

(m) contain such other information as may be prescribed by the Minister under section 73.

63. Provision supplemental to section 62

63. (1) Irish Water shall cause a notice under section 62(1) to be published on its website, in one national newspaper and in one local newspaper, if there is one, circulating in the area where the abstraction point or points at which the proposed public abstraction is proposed to be carried out.

(2) Notwithstanding section 62(3), a notice published in accordance with subsection (1) in a national or local newspaper is not required to contain the information referred to in paragraphs (c) to (j) of section 62(3) but shall give notice where the information concerned shall be made available, including by publication on the website of Irish Water.

(3) A notice under section 62(1) shall specify the times and places at which, and the period (within 42 days after the date of the notice) during which a copy of the notice and all the information referred to in section 62(3) may be inspected free of charge or purchased on payment of a fee prescribed under section 73.

(4) Notwithstanding section 6(1)(d), where, for the purpose of giving a notice under section 62(2)(a), the owner or occupier of land cannot be ascertained by reasonable inquiry, Irish Water, as well as complying with section 62(2), shall, on the same day as giving notice under section 62, erect on or near the land or affix to a structure on the land, for a period of not less than 42 days, the notice in a form that is weatherproof and visible from the public roadway.

64. Objection to proposal to carry out public abstraction

64. (1) A person who believes that his or her right, title or interest in an easement, way-leave, water right, fishing right or other right over or in respect of water would be materially adversely affected by a proposed public abstraction may, in accordance with this Part make an objection to the Board (in this Part referred to as an “objection”).

(2) An objection shall be made within 42 days after the date of the giving of the notice in relation to the proposed public abstraction under section 62(1).

(3) An objection shall—

(a) be in writing,

(b) give the name, address and contact information of the person making the objection,

(d) identify the proposal to carry out a public abstraction to which the objection relates,

(e) provide information on the right, title or interest of the person making the objection in the easement, way-leave, water right, fishing right or other right over or in respect of water,

(f) provide information relating to the exercise by the person making the objection, of his or her right, title or interest in an easement, way-leave, water right, fishing right or other right over or in respect of water,

(g) provide information on the likely effect of the proposed carrying out of the public abstraction on the exercise by the person making the objection of his or her right, title or interest in an easement, way-leave, water right, fishing right or other right over or in respect of water,

(h) be accompanied by such other particulars, maps, plans or drawings as may be prescribed by the Minister for the purpose of identifying the right, title or interest in an easement, way-leave, water right, fishing right or other right over or in respect of water of the person making the objection, and

(i) be accompanied by the prescribed fee.

65. No objection or objection withdrawn

65. (1) Irish Water may, subject to the requirements of this and any other enactment, carry out a public abstraction where, in relation to the proposal to carry out the public abstraction—

(a) no objection is made to the Board within the period referred to in section 64(2),

(b) an objection is made and the person who made the objection gives notice to the Board, at any time before the Board makes a decision under section 67(3) in relation to it, that he or she has withdrawn the objection, or

(2) The Board shall give notice to Irish Water, as soon as may be, following the occurrence of a matter referred to in paragraph (a), (b) or (c) of subsection (1).

(3) Irish Water may only commence carrying out a public abstraction under this Chapter where the Board has, in respect of the abstraction, given notice under subsection (2).

66. Consideration of objection by Board

66. (1) The Board shall, as soon as may be following receipt of an objection, give notice to Irish Water of the objection, furnish copies of it and the information referred to in paragraphs (d) to (h) of section 64(3) to Irish Water and shall require Irish Water to provide its observations on the objection to the Board for its consideration within the period specified in the notice.

(2) Irish Water may, not later than the period specified in the notice under subsection (1), prepare and submit to the Board a report setting out the views of Irish Water in relation to the objection, having regard in particular to—

(a) any application for a licence under Part 5 or licence granted under that Part for the public abstraction concerned,

(b) any application for permission for development, or grant of that permission, under the Act of 2000, required for the carrying out of the public abstraction or its ancillary operations, and

(3) The Board may, before making a decision under section 67(3), require the person who made the objection to submit, within such period as the Board may specify, such further information as the Board may specify.

(4) The Board may, before making a decision under section 67(3), invite—

(a) the Agency,

(b) the planning authority to whom an application for permission referred to in subsection (2)(b) has been made or by whom such a permission has been granted, and

to make submissions or observations in relation to the objection within such period as the Board may specify.

(5) The Board may, at any time after the expiration of the period within which submissions or observations may be made under subsection (4), make a decision under section 67 in relation to the objection.

(6) Where the person who made the objection fails or refuses to comply with subsection (3), the objection concerned is deemed to have been withdrawn.

(7) For the avoidance of doubt and notwithstanding any other enactment, the Board is not required to carry out a screening for environmental impact assessment (within the meaning of the Act of 2000) or an environmental impact assessment (within the meaning of the Act of 2000) of a public abstraction for the purposes of considering an objection.

67. Decision by Board in respect of objection

67. (1) When making a decision in respect of an objection the Board may consider any information before it that it considers relevant to the proposal to carry out the public abstraction.

(2) Without prejudice to the generality of subsection (1), the Board shall, in making its decision, have regard to—

(a) the objection,

(b) a report under section 66(2), information submitted under section 66(3) or submissions or observations submitted under section 66(4),

(c) the likely effects of the proposed carrying out of the public abstraction on the exercise by the person making the objection of their right, title or interest in an easement, way-leave, water right, fishing right or other right over or in respect of water,

(d) the requirement to carry out the proposed public abstraction for the proper performance by Irish Water of its functions,

(e) the water services policy statement prepared and published under section 32A of the Water Services (No. 2) Act 2013, and

(f) the water services strategic plan prepared and published under section 33 of the Water Services (No. 2) Act 2013.

(3) The Board may make a decision—

(a) to reject the objection, or

(b) to accede to the objection.

(4) In the case of a decision referred to in subsection (3)(a), Irish Water may, subject to this Act and any other enactment, proceed to carry out the public abstraction referred to in the notice under section 62.

(5) In the case of a decision referred to in subsection (3)(b), Irish Water shall not proceed to carry out the public abstraction referred to in the notice under section 62 notwithstanding that—

(a) a licence was granted to Irish Water under Part 5 for that public abstraction, or

(b) a permission for development was granted under the Act of 2000, in respect of development required for the carrying out of the public abstraction or its ancillary operations.

68. Provision supplemental to section 67

68. (1) The Board shall give notice of a decision under section 67(3) to—

(a) the person who made the objection,

(b) Irish Water, and

(c) the Agency, planning authority, or other person or body referred to in section 66(4)(c), who made a submission or objection under section 66(4).

(2) The notice referred to in subsection (1) shall—

(a) state the main reasons and considerations on which the decision under section 67(3) is based,

(b) state that a person may, in accordance with section 56 question the validity of the decision of the Board by way of an application for judicial review, under Order 84 of the Rules of the Superior Courts,

(c) specify the sum due to be paid to the Board by Irish Water for the purpose of contributing to the reasonable costs of the Board in performing its functions under this Chapter,

(d) specify the sum due to be paid to the Agency or a planning authority by Irish Water for the purpose of contributing to the reasonable costs of the Agency or the planning authority in making submissions or observations under section 66(4).

(3) Irish Water shall be liable to pay to the Board, Agency or planning authority any sum specified by the Board under paragraph (c) or (d) of subsection (2).

(4) Subject to subsections (5) to (7), it shall be the objective of the Board to ensure that a decision is made by the Board under section 67(3)—

(a) within the period of 18 weeks beginning on the last day for submitting further information in accordance with section 66(3), or

(b) within such other period as the Minister may prescribe, either generally or in respect of a particular class or classes of matter, where it appears to the Minister to be necessary, by virtue of exceptional circumstances relating to the need to balance administrative efficiency and efficacy of procedures relating to objections with the need for the Board to have all necessary information in order to perform its functions under this Chapter.

(5) Where the Board forms a view that it would not be possible or appropriate, because of the particular circumstances of the objection with which the Board is concerned, to make its decision within the period referred to in paragraph (a) or (b) of subsection (4), the Board shall give notice to Irish Water and to the person who made the objection before the expiration of that period informing them of the Board’s view and the notice shall specify the date before which the Board intends to make that decision.

(6) Where a notice has been given under subsection (5), the Board shall take all reasonable steps to ensure that a decision is made under section 67(3) before the date specified in the notice.

(7) The Board shall include in each report made under F21[section 522of the Act of 2024] a statement of the number of decisions made by the Board under section 67(3), the period within which the decision was made, and such other information as to the time taken to make the decision as the Minister may direct.

69. Claim for compensation

69. (1) Any person whose right, title or interest in an easement, way-leave, water right, fishing right or other right over or in respect of water has been materially adversely affected by the carrying out of a public abstraction may claim compensation from Irish Water for damage suffered by the person in consequence of that public abstraction.

(2) Subject to subsection (3), a claim under subsection (1) shall be made within 52 weeks from the date of the commencement of the carrying out of the public abstraction.

(3) The High Court may, on the application of a person referred to in subsection (1), extend the period referred to in subsection (2) for the making of a claim under subsection (1) where the Court is satisfied that—

(a) there is good and sufficient reason for so doing, and

(b) the circumstances that resulted in the failure to bring the claim under subsection (1) within the period referred to in subsection (2) were outside the control of the person.

70. Determination of claim for compensation

70. (1) Sections 68 to 79 of the Act of 1845 shall apply and have effect for the purposes of the determination of a claim for compensation under section 69, including a claim for injurious affection, and for the purposes of such application Irish Water shall be deemed to be the promoter of the undertaking and this Chapter shall be deemed to be the special Act.

(2) A claim for compensation under section 69, including a claim for injurious affection, shall, in default of agreement, be determined by arbitration under the Acquisition of Land (Assessment of Compensation) Act 1919 and for this purpose Irish Water shall be deemed to be a public authority under that Act.

(3) Notwithstanding any provision of the Act of 1845, for the purposes of the determination of a claim for compensation under section 69—

(a) any question of disputed compensation under the Act of 1845 shall be determined in accordance with subsection (2), and

This document does not substitute the official text published in the Irish Statute Book. We accept no responsibility for any inaccuracies arising from the transcription of the original into this format.

This text is published under Irish Statute Book's own terms of reuse, not a Legalize or public-domain licence. Irish Statute Book
CC-BY 4.0 (Oireachtas Open Data PSI Licence)
Contains Irish Public Sector Information licensed under the Oireachtas (Houses of the Oireachtas) Open Data PSI Licence / Creative Commons Attribution 4.0 International, sourced from https://www.irishstatutebook.ie.