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

(b) compensation under section 68 of the Act of 1845 shall be available in respect of the carrying out of a public abstraction.

(4) Without prejudice to the generality of subsection (3), in an arbitration held under and by virtue of subsection (2)—

(a) the arbitrator shall refuse to award compensation unless he or she is satisfied that the right, title or interest in an easement, way-leave, water right, fishing right or other right over or in respect of water in relation to which the claim is made has been, or will be, materially adversely affected by the carrying out of the public abstraction concerned,

(b) the arbitrator shall have jurisdiction to determine the amount of compensation payable and may make a nil award,

(c) the arbitrator shall deduct from an award of compensation the amount equivalent to the value of the benefit conferred, by the carrying out of the public abstraction, on the person claiming compensation,

(d) where the arbitrator determines that compensation is payable, he or she may also determine—

(i) the time or times at which it shall be paid, and

(ii) any interest to be paid on the amount of outstanding or unpaid compensation,

(e) the arbitrator shall have regard to any undertaking given by Irish Water to the person claiming compensation to provide an alternative or additional water supply, and

(f) where applicable, the arbitrator shall have regard to any compensation awarded under the provisions specified in paragraphs (a) to (d) of section 72 to the person claiming compensation.

71. Recovery of compensation

71. (1) So much of section 69 to 83 of the Act of 1845 as is appropriate shall apply to compensation referred to in section 70 as if such compensation were purchase money or compensation under that Act of 1845, with any modifications that may be prescribed and any other necessary modifications.

(2) Where money is paid into court by Irish Water under section 69 of the Act of 1845, as applied by this section, no costs shall be payable by Irish Water to any person in respect of any proceedings for the investment, payment of income, or payment of capital of that money.

(3) All costs and expenses of parties to an arbitration to determine the amount of any compensation shall, in so far as the costs and expenses are payable by Irish Water, be recoverable from Irish Water as a simple contract debt in any court of competent jurisdiction.

72. Double compensation

72. A person who has been compensated by Irish Water under and in accordance with any of—

(a) this Chapter or Chapter 2,

(b) Part 7 or section 97 of the Act of 2007,

(d) sections 14 to 16 of the Act of 1942,

whether by agreement or otherwise, and who retains a right, title or interest in any easement, way-leave, water right, fishing right or other right over or in respect of water in relation to which a claim for compensation under section 69 or 82 is made, may make a claim under section 69 or 82 only in relation to damage suffered by the person in consequence of the public abstraction for which the person was not otherwise compensated under any of the provisions specified in paragraphs (a) to (d).

73. Regulations relating to public abstraction

73. (1) The Minister may, for the purposes of this Part, prescribe—

(a) information, other than that specified in section 62, 75 or 79, required to be provided by Irish Water in a notice under those sections,

(b) information, other than that specified in section 80, required to be provided by Irish Water in an application under that section,

(d) fees that may be charged by the Board under section 64 for considering an objection,

(e) procedures for the consideration and consolidation by the Board of 2 or more objections together,

(f) modifications for the purpose of section 71(1) or 82(4), and

(g) the information to be provided to Irish Water by a person making a claim for compensation, including evidence of his or her claim, and information as to his or her right, title or interest in the easement, way-leave, water right, fishing right or other right over or in respect of water to which the claim relates.

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

Chapter 2

74. Temporary abstraction

74. (1) Subject to the requirements of this Act and any other enactment, Irish Water may take immediate action to carry out a public abstraction on a temporary basis in order to maintain a supply of public water, where it forms the view that there is an immediate and serious risk to the supply of public water or to human health directly or indirectly resulting from—

(a) prolonged drought,

(b) another severe weather event or a combination of severe weather events, or

(in this Part referred to as a “temporary abstraction”).

(2) For the purposes of subsection (1), Irish Water may enter on land and carry out a temporary abstraction and any operations required to carry out the abstraction, including but not limited to the sinking or re-opening of boreholes or abstraction points, replacement or repair of water services infrastructure or installation of temporary water services infrastructure, as are necessary to secure the supply of public water.

(3) For the purposes of subsection (1), section 61(2) shall apply to a temporary abstraction as it applies to a public abstraction.

75. Notice of proposal to carry out a temporary abstraction

75. (1) Where Irish Water proposes to carry out a temporary abstraction it shall, as soon as may be, give notice of the proposal to—

(a) the Agency,

(b) the owner and occupier of the land referred to in section 74(2),

(c) any person who, to the knowledge of Irish Water having made reasonable enquiry, 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 the abstraction relates, and

(d) Waterways Ireland, in the case of an abstraction from a canal or navigable water.

(2) Where it is not practical to give notice to the persons referred to in subsection (1) of the proposal to carry out the temporary abstraction, Irish Water shall give notice to those persons within 48 hours after the commencement of the abstraction.

(3) A notice under subsection (1) shall include the following information—

(a) the matter referred to in paragraph (a), (b) or (c) of section 74(1) which gives rise to the need to carry out the temporary abstraction,

(b) the date or intended date of the commencement of the abstraction,

(d) the daily rate proposed to be abstracted,

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

(f) the abstraction point or points, identified by means of such particulars, maps, plans or drawings as Irish Water considers appropriate, at which the abstraction is proposed to be carried out,

(g) such other information as may be prescribed by the Minister under section 73,

(h) in respect of a notice to the persons specified in paragraphs (b) to (d) of subsection (1), that the person may, under section 81, appeal the proposal to carry out, or the carrying out of, the abstraction, and

(i) in respect of a notice to the Agency, where the proposed abstraction is an abstraction of a class specified in section 77(1)(b), the information referred to in section 24(2).

(4) Irish Water shall publish a notice containing the information in paragraphs (a) to (g) of subsection (3) on its website within 48 hours after the commencement of the temporary abstraction.

(5) The Agency may give notice to Irish Water requiring it to submit, within the period specified in the notice, any further information in relation to the temporary abstraction that the Agency may reasonably require.

76. Temporary nature of abstraction

76. (1) A temporary abstraction under section 74 may be carried out for a period of not more than 8 weeks.

(2) The period referred to in subsection (1) may be extended, once and once only, by a period of not more than 8 weeks upon notice by Irish Water to the persons who were given notice under section 75(1) and with the agreement of those persons.

(3) Where the persons specified in subsection (2) do not agree to the extension of the temporary abstraction, Irish Water may apply to the District Court for an order to extend, by no more than 8 weeks, the period of the temporary abstraction.

77. Requirement for licence for temporary abstraction

77. (1) Irish Water shall not—

(a) commence a temporary abstraction that meets or exceeds the licensing threshold until a licence has been granted for that abstraction,

(b) commence a temporary abstraction that is of a class 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, until the Agency gives notice under subsection (8) or (12) of section 19 that an EIA is not required or that the abstraction is not likely to have significant effects on the environment, or

(c) carry out, or continue to carry out, a temporary abstraction, where the Agency gives notice under subsection (8) or (12) of section 19 that the abstraction requires a licence, until a licence has been granted for that abstraction.

(2) The Agency—

(a) shall assess a temporary abstraction referred to in subsection (1)(b) under section 19(2), and

(b) may assess a temporary abstraction not otherwise referred to in paragraph (a) or (b) of subsection (1) under section 19(2).

(3) The Agency shall give such priority to an assessment of a temporary abstraction under section 19(2) as is necessary in the circumstances.

78. Emergency abstraction

78. (1) Where Irish Water is of the opinion that the nature or extent of the immediate and serious risk to the supply of public water or to human health referred to in paragraph (a), (b) or (c) of section 74(1) gives rise to a civil emergency, in accordance with Article 1(3) of the EIA Directive, and that the application of Part 5 to the temporary abstraction, including the requirement to apply for a licence or the carrying out of an EIA, would have an adverse effect on the response to the civil emergency (in this Part referred to as an “emergency abstraction”), Irish Water may take immediate action to carry out that abstraction.

(2) For the purposes of subsection (1)—

(a) Irish Water may enter on land and undertake any of the operations specified in section 74(2), and

(b) section 61(2) shall apply to an emergency abstraction as it applies to a public abstraction.

79. Notice of emergency abstraction

79. (1) Subject to section 80, where Irish Water proposes to carry out an emergency abstraction, it shall no later than—

(a) 24 hours prior to the commencement of the abstraction give notice of the proposal to the Agency, and

(b) 48 hours after the commencement of the abstraction, give notice of the abstraction to the persons specified in paragraphs (b) to (d) of section 75(1), as appropriate.

(2) A notice under subsection (1) shall include the following information—

(a) the matter referred to in paragraph (a), (b) or (c) of section 74(1) which gives rise to the need to carry out the abstraction,

(b) the nature of the civil emergency and the risks to the supply of public water or to human health which gives rise to the need to carry out the emergency abstraction, and

(3) Irish Water shall publish a notice containing the information referred to in paragraphs (a) to (c) of subsection (2) on its website within 48 hours after the commencement of the emergency abstraction.

(4) The Agency may give notice to Irish Water requiring it to submit, within the period specified in the notice, any further information in relation to the emergency abstraction that the Agency may reasonably require.

80. Application for exemption

80. (1) Where Irish Water proposes to carry out an emergency abstraction, it shall apply to the Minister for an exemption from the requirements of all or any provision of Part 5.

(2) An application under subsection (1) shall—

(a) be made no later than 24 hours after the commencement of the emergency abstraction,

(b) be in such form as may be specified by the Minister,

(d) state the main reasons for the opinion of Irish Water that an emergency abstraction is required and the requirement for the abstraction in response to the civil emergency,

(e) contain information on how the application of Part 5 would have an adverse effect on the response to the civil emergency,

(f) for the purposes of subsection (6) only, provide contact information for the persons specified in paragraphs (b) to(d) of section 75(1),

(g) be accompanied by such documents and information as may be relevant to the opinion of Irish Water, and

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

(3) The Minister shall immediately consider the application under subsection (1) and, in any case, no later than 7 days after the receipt of that application, shall—

(a) make an order under subsection (4), or

(b) give notice under subsection (6).

(4) The Minister may, on an application being made to him or her under subsection (1), make an order exempting the emergency abstraction from the requirements of all or any provision of Part 5 where he or she considers that—

(a) there is a civil emergency justifying the exemption,

(b) the sole purpose of the abstraction is the response to that civil emergency, and

(c) the carrying out of an EIA would have an adverse effect on the response to the civil emergency, in which case the order shall exempt the abstraction from the requirement to carry out an EIA.

(5) Before making an order under subsection (4), the Minister shall consult with any Minister of the Government as he or she considers appropriate and the Agency.

(6) The Minister shall give notice to Irish Water, the Agency and the persons specified in paragraphs (b) to (d) of section 75(1), as appropriate, where he or she decides not to make an order under subsection (4).

(7) An order under subsection (4) shall—

(a) refer to the nature of the civil emergency that poses an immediate and serious risk to the supply of public water or to human health,

(b) state the main reasons for the opinion of the Minister that a civil emergency has arisen and the requirement for the emergency abstraction in response to that emergency,

(c) provide that the emergency abstraction shall be exempt from the requirements of Part 5, or any provision of Part 5, as determined by the Minister,

(d) specify the duration of the emergency abstraction, which shall not be more than 8 weeks,

(e) specify the location, nature, and maximum daily rate of the temporary abstraction, and

(f) specify any other requirement or condition which the Minister considers necessary, including reporting requirements and conditions consistent with the environmental objectives of the water body concerned.

(8) The period of 8 weeks specified in subsection (7)(d) may be extended once and once only by order under subsection (4) for a further period of not more than 8 weeks.

(9) Irish Water shall be guilty of an offence if it contravenes a provision of an order made under this section that is declared in the order to be a penal provision.

81. Appeal to District Court against notice of temporary abstraction

81. (1) A person to whom a notice is given under section 75(1) may within 14 days after the date of the giving of the notice, appeal against the proposed temporary abstraction or the temporary abstraction the subject of the notice to the District Court on any one or more of the following grounds:

(a) in the case of a person referred to in section 75(1)(b)—

(i) that the person is not the owner or occupier of the land,

(ii) that the entry on to land and carrying out of the abstraction would cause or is causing unreasonable expense or unreasonable interference with the person’s use or enjoyment of the land,

(iii) the proposed carrying out or carrying out of the abstraction would cause or is causing the person’s right, title or interest in any easement, way-leave, fishing right or other right over or in respect of water to be materially adversely affected, or

(iv) insufficient time was given to the person to enable him or her to reasonably facilitate the proposed carrying out or carrying out of the temporary abstraction;

(b) in the case of a person referred to in section 75(1)(c), that the proposed carrying out or carrying out of the abstraction would cause or is causing the person’s right, title or interest in any easement, way-leave, fishing right or other right over or in respect of water to be materially adversely affected;

(c) in the case of Waterways Ireland, that the carrying out of the abstraction from a canal or navigable water would interfere or is interfering with navigation on the canal or navigable water;

(d) the proposed duration of the abstraction or the proposed abstraction is a disproportionate response to the matter referred to in paragraph (a), (b) or (c) of section 74(1) which gives rise to the need to carry out the temporary abstraction;

(e) reasonable alternative solutions are available to Irish Water to secure and maintain a supply of public water.

(2) Notice of an appeal under this section shall be given to Irish Water and Irish Water shall be entitled to appear, be heard and adduce evidence on the hearing of the appeal.

(3) An appeal against a notice given under section 75(1) shall not operate to suspend the operation of the notice unless—

(a) the appellant, in addition to making an appeal under this section, also applies to the District Court to have the operation of the notice suspended until such time as the appeal is determined, and

(b) the District Court, where it considers it appropriate to do so having regard to all the circumstances of the case, orders that the operation of the notice, or such particular effects of the notice as the Court may order, are suspended until the appeal is determined, or until such other time as the Court may order.

(4) The District Court may dismiss an appeal which is frivolous or vexatious or without substance or foundation.

(5) On the hearing of the appeal the District Court may, as it thinks proper, either—

(a) affirm the giving of the notice,

(b) affirm the giving of the notice subject to such modifications, alterations or additions as the Court thinks reasonable, or

(6) Where the District Court makes a decision referred to in subsection (5)(b), the notice shall have effect subject to the modifications, alterations or additions ordered by the Court.

(7) Where the District Court makes a decision referred to in subsection (5)(c), it shall make such ancillary orders as are necessary to enable Irish Water to leave the land or carry out any necessary works to repair or reinstate the land.

82. Claim for compensation for temporary or emergency abstraction

82. (1) A person—

(a) who is the owner or occupier of land referred to in section 74(2) or 78(2)(a), who suffers damage or whose use of the land suffers interference caused by the carrying out of a temporary abstraction or emergency abstraction, or

(b) whether or not a person referred to in paragraph (a), whose right, title or interest in any 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 temporary abstraction or emergency abstraction,

may claim compensation from Irish Water for damage suffered by the person in consequence of the temporary abstraction or emergency abstraction.

(2) Subject to subsection (3), a claim under subsection (1) shall be made not later than 52 weeks after the date on which the temporary or emergency abstraction ends.

(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 it considers that the interests of justice so require.

(4) Sections 70 to 71 shall apply to a claim for compensation under subsection (1) as it applies to a claim for compensation under section 69 subject to the following and any other necessary modifications:

(a) that a reference to section 69 in sections 70 and 71 shall be read as a reference to section 82,

(b) that in section 70(4)(a) “the arbitrator shall, in the case of a claim referred to in section 82(1)(b), refuse” is substituted for “the arbitrator shall refuse”, and

“(aa) the arbitrator shall, in relation to a claim referred to in section 82(1)(a) refuse to award compensation unless he or she is satisfied that any damage or interference results from the exercise by Irish Water of its powers to carry out a temporary or an emergency abstraction under this Chapter,”.

Chapter 3

83. Abstraction by Irish Water from reservoirs of Electricity Supply Board

83. (1) Irish Water and the ESB may enter into an agreement whereby Irish Water may abstract and the ESB may permit Irish Water to abstract water from a reservoir owned or operated by the ESB, (in this section referred to as a “water abstraction agreement”) upon such terms and subject to such conditions as may be specified in the water abstraction agreement.

(2) The Minister may, following a request by Irish Water and having consulted with the Minister for the Environment, Climate and Communications, give a direction to Irish Water and the ESB to enter into a water abstraction agreement upon such terms and subject to such conditions as may be determined by the Minister.

(3) Irish Water and the ESB shall comply with a direction of the Minister within the period specified in the direction.

(4) The Agency shall only consider an application under Part 5 by Irish Water for a licence for an abstraction from a reservoir owned or operated by the ESB where Irish Water provides a water abstraction agreement relating to that abstraction to the Agency.

(5) Where the Agency is provided with a water abstraction agreement under subsection (4), it may require further documents or information from Irish Water or the ESB concerning the water abstraction agreement as the Agency considers necessary and Irish Water or the ESB shall furnish the information to the Agency within the period specified by the Agency.

(6) The ESB shall not be liable to pay compensation to a 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 a public abstraction from a reservoir owned or operated by the ESB.

PART 7 Waterways Ireland

84. Abstraction from navigable waters

84. (1) Where the Agency receives an application under Part 5 for a licence for an abstraction from navigable water from an applicant other than Waterways Ireland, it shall give notice of the application to Waterways Ireland.

(2) (a) Waterways Ireland shall, if it is of the opinion that the abstraction in accordance with a licence granted on foot of an application referred to in subsection (1) would pose a material risk or impediment to navigation of the navigable water concerned, give notice of that opinion to the Agency giving the main reasons for it and furnish any information in relation to the opinion to the Agency as it considers appropriate.

(b) Waterways Ireland shall give notice of its opinion under paragraph (a) within 42 days after the date of the notice under subsection (1).

(3) The Agency may request additional information from Waterways Ireland in relation to its opinion under subsection (2) as it considers necessary and Waterways Ireland shall furnish that information to the Agency within the period specified in the request.

(4) The Agency may require the applicant to furnish further information to it concerning any matter arising from any consultation with Waterways Ireland as the Agency requires for the purposes of considering an application referred to in subsection (1) and the applicant shall furnish the further information within the period specified by the Agency.

(5) The Agency may consult with any person as it considers appropriate for the purpose of considering an application referred to in subsection (1).

(6) The Agency shall, having considered any opinion of Waterways Ireland and the main reasons for it, information provided by Waterways Ireland, any further information referred to in subsection (4) and the results of any consultation under subsection (5), make a decision under Part 5 in respect of an application referred to in subsection (1)—

(a) to grant the licence subject to any conditions it considers appropriate for the purpose of protecting navigation of the navigable water concerned, or

(b) to refuse to grant the licence where it is satisfied—

(i) that the abstraction under consideration would pose a material risk or impediment to navigation of the navigable water, and

(ii) that no reasonable condition that the Agency could attach to the grant of the licence would be sufficient to protect navigation while allowing the abstraction to take place.

(7) Before attaching conditions to a licence for an abstraction from navigable water, the Agency shall consult with Waterways Ireland.

(8) The Agency shall give its main reasons to the applicant where it attaches conditions to a licence for an abstraction from navigable water or where it refuses to grant such a licence.

(9) The Agency shall give its main reasons to Waterways Ireland where, contrary to the opinion of Waterways Ireland, the Agency grants a licence for an abstraction from navigable water or where it refuses to grant such a licence.

(10) The Agency may, in making a decision on an application referred to in subsection (1), proceed on the basis that Waterways Ireland has no objection to the grant of a licence if Waterways Ireland does not give notice of its opinion to the Agency under subsection (2).

(11) In any proceedings relating to a grant of a licence for an abstraction referred to in subsection (1), the Agency may, if appropriate, inform the court that the Agency proceeded in accordance with subsection (10) in making its decision on the application for the licence.

(12) Nothing in this section shall prevent Waterways Ireland from applying under Part 5 for a licence for an abstraction from navigable water or the Agency, in respect of that application, from attaching conditions referred to in subsection (6)(a) to the licence or refusing to grant the licence where it is satisfied as to the matters referred to in subsection (6)(b).

85. Abstraction from canals

85. (1) A person shall only carry out an abstraction from a canal having entered into an agreement with Waterways Ireland whereby the person may abstract and Waterways Ireland may facilitate the person in carrying out the abstraction upon such terms and subject to such conditions as may be specified in the agreement.

(2) The Agency shall only consider an application under Part 5 for a licence for an abstraction from a canal, by an applicant other than Waterways Ireland, where the applicant provides an agreement referred to in subsection (1) to the Agency relating to the abstraction.

(3) Where, in relation to an application referred to in subsection (2), the Agency is provided with an agreement referred to in subsection (1) it may request further documentation or information from the applicant or Waterways Ireland concerning the agreement as it considers necessary and the applicant or Waterways Ireland shall furnish the information to the Agency within the period specified in the request.

(4) The Agency may require the applicant to consult further with Waterways Ireland in relation to the application and furnish further information to the Agency concerning any matter arising from the consultation as the Agency requires for the purposes of considering an application referred to in subsection (2) and the applicant shall consult and furnish the further information within the period specified by the Agency.

(5) The Agency may consult with any person as it considers appropriate for the purpose of considering an application referred to in subsection (2).

(6) The Agency shall, having considered the agreement referred to in subsection (1), any further information referred to in subsections (3) and (4) and the results of any consultation under subsection (5), make a decision under Part 5 in respect of an application referred to in subsection (2)—

(a) to grant the licence subject to any conditions it considers appropriate for the purpose of protecting navigation of the canal concerned, or

(b) to refuse to grant the licence where it is satisfied—

(i) that the abstraction under consideration would pose a material risk or impediment to navigation of the canal, and

(ii) that no reasonable condition that the Agency could attach to the grant of the licence would be sufficient to protect navigation while allowing the abstraction to take place.

(7) Before attaching conditions to a licence for an abstraction from a canal, the Agency shall consult with Waterways Ireland.

(8) The Agency shall give its main reasons to the applicant where it attaches conditions to a licence for an abstraction from a canal or where it refuses to grant such a licence.

(9) Nothing in this section shall prevent Waterways Ireland from applying under Part 5 for a licence for an abstraction from a canal or the Agency, in respect of that application, from attaching conditions referred to in subsection (6)(a) to the licence or refusing to grant the licence where it is satisfied as to the matters referred to in subsection (6)(b).

86. Operation and maintenance of navigable water by Waterways Ireland

86. (1) Other than in relation to an abstraction, nothing in this Act shall operate to limit the functions of Waterways Ireland.

(2) Without prejudice to the generality of subsection (1), or section 20(2)(i), the Agency, in considering an application by Waterways Ireland under Part 5 for a licence stated in the application to be necessary for the management, operation or maintenance of navigable water or a canal or navigation thereon, shall have due regard to the functions conferred on Waterways Ireland under the Canals Act 1986 and the Act of 1990 and the need to protect navigation in navigable waters or canals.

PART 8 Electricity Supply Board

87. Operation and safety of hydro-electric schemes

87. (1) Only the ESB may apply for a licence for an abstraction for the purposes of a hydro-electric scheme.

(2) Without prejudice to the generality of section 20(2)(h), in considering an application under Part 5 by the ESB for a licence, stated in the application to be necessary for carrying out an abstraction for the purposes of a hydro-electric scheme, the Agency shall have regard to the functions of the ESB.

(3) The Agency may require the ESB to furnish further information to it concerning an application referred to in subsection (2) as the Agency requires for the purposes of considering the application.

(4) The Agency shall, having considered any further information referred to in subsection (3), and following consultation with the ESB and any other person as it sees fit, make a decision under Part 5 in respect of an application referred to in subsection (2) and shall only grant a licence where it is satisfied that the licence is required for the purposes of—

(a) the management of water levels at a hydro-electric scheme,

(b) the control or operation of an abstraction including discharge and flow rates of water, necessary for the operation or safety of a hydro-electric scheme, or

(5) The Agency may attach conditions to the licence referred to in subsection (4) to ensure that all measures, that are technically feasible and cost effective to mitigate the adverse impact of the abstraction on the status of the water body from which water is abstracted, shall be taken.

(6) The Agency shall not attach conditions to a licence referred to in subsection (5) that would operate to affect the performance of the functions of the ESB in such a way as to compromise the safety of a hydro-electric scheme by—

(a) restricting water levels or discharge or flow rates of water contrary to the levels and rates that are necessary for the operation of the scheme,

(b) affecting compliance by the ESB with the requirements of an enactment referred to in the definition of the functions of the ESB in subsection (8), or

(7) Each hydro-electric scheme established by or under an enactment referred to in the definition of the functions of the ESB in subsection (8) shall be regarded as a single abstraction, within the meaning of section 3(5), for the purposes of an application referred to in subsection (2), and not more than one licence may be granted in relation to an abstraction for the purposes of each hydro-electric scheme.

(8) In this section—

“functions of the ESB” means the functions conferred on the ESB by or under the following enactments in so far as they relate to the abstraction of water for the purpose of the operation and management of a hydro-electric scheme:

(a) the Shannon Electricity Act 1925;

(b) the Electricity (Supply) Act 1927;

(d) the Electricity (Supply) (Amendment) Act 1934;

(e) the Electricity (Supply) (Amendment) (No. 2) Act 1934;

(f) the Shannon Fisheries Act 1935;

(g) the Liffey Reservoir Act 1936;

(h) the Shannon Fisheries Act 1938;

(i) the Electricity (Supply) (Amendment) Act 1945;

(j) the Electricity (Supply) (Amendment) Act 1961;

(k) the River Erne Hydro-Electric Scheme Approval Order 1945 (S.I. No. 86 of 1945);

(l) the River Liffey (Leixlip) Hydro-Electric Scheme Approval Order 1945 (S.I No. 154 of 1945);

(m) the River Lee Hydro-Electric Scheme Approval Order 1949 (S.I. No. 321 of 1949);

(n) the River Liffey (Leixlip) Hydro-Electric Scheme Approval Order, 1945 (Amendment) Order 1950 (S.I. No. 183 of 1950);

(o) the River Erne Hydro-Electric Scheme Approval Order 1945 (Amendment) Order 1950 (S.I. No. 236 of 1950);

(p) the River Erne Hydro-Electric Scheme Approval Order 1945 (Amendment) Order 1952 (S.I. No. 245 of 1952);

(q) the River Lee Hydro-Electric Scheme Approval Order, 1949 (Amendment) Order 1953 (S.I. No. 168 of 1953);

(r) the River Clady Hydro-Electric Scheme Approval Order 1953 (S.I. No. 320 of 1953);

(s) the River Lee Hydro-Electric Scheme Approval Order 1949 (Amendment) Order 1955 (S.I. No. 44 of 1955);

(t) the River Lee Hydro-Electric Scheme Approval Order 1949 (Amendment) Order 1957 (S.I. No. 71 of 1957);

(u) the River Lee Hydro-Electric Scheme Approval Order 1949 (Amendment) Order 1958 (S.I. No. 34 of 1958);

(v) the River Lee Hydro Electric Scheme (Non-application of section 33(1) of Electricity (Supply) (Amendment) Act 1945) Order 1958 (S.I. No. 35 of 1958);

“hydro-electric scheme” means any of the following hydro-electric schemes operated by the ESB:

(a) the River Shannon hydro-electric power scheme;

(b) any of the 3 River Liffey hydro-electric power schemes;

(d) any of the 2 River Erne hydro-electric power schemes;

(e) the River Clady hydro-electric power scheme.

PART 9 Enforcement

88. Definitions (Part 9)

88. In this Part—

“authorised person” means—

(a) a person appointed under section 91 to be an authorised person, or

(b) a person appointed under section 93 to be an authorised person;

“compliance notice” means a compliance notice given by a local authority under section 97 or the Agency under section 98;

“environmental inspection” means, in relation to an abstraction, all actions undertaken by or on behalf of the Agency or a local authority under this Part, including site visits, monitoring the impact of the abstraction on the environment including the water environment, checking reports and documents created by the person carrying out the abstraction, verifying self-monitoring by the person carrying out the abstraction, and checking the techniques used to protect the water environment and the adequacy of management of the water environment by the person carrying out the abstraction for the purpose of monitoring and promoting compliance by the person carrying out the abstraction with—

(a) the licence to carry out the abstraction or conditions attached to that licence, or

(b) regulations under section 8 or 9;

“premises” includes land and any fixed or movable structure and a vessel, aircraft, vehicle and any other means of transport;

“site visit” means a visit by the Agency or a local authority to the premises where an abstraction is being carried out or has ceased to be carried out, for the purpose of an environmental inspection;

“specified date” has the meaning given to it by section 99(9).

89. Regulations for purpose of environmental inspections

89. (1) The Minister may, for the purposes of achieving the environmental objectives and ensuring compliance with this Act, make regulations providing for the carrying out by the Agency or a local authority of environmental inspections.

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

(a) the organisation, prioritisation and carrying out of environmental inspections,

(b) the preparation of plans for environmental inspections, the procedures to be followed in the preparation of such plans, the scope and contents of such plans, arrangements for their review, and the period in respect of which they are to apply,

(d) the preparation of reports following site visits and the making available to the public of certain information in relation to those reports, and the period within which each of those things is to be done,

(e) the investigation of incidents relating to an abstraction that may cause or are likely to cause a failure to meet the environmental objectives, and

(f) the period during which and purpose (including the purpose of preparing River Basin Management Plans) for which a record of an environmental inspection may be retained by a local authority or the Agency.

90. Functions of local authorities under this Part

90. (1) A local authority shall, within its administrative area, carry out environmental inspections and take measures necessary to ensure compliance with regulations under sections 8 and 9 by persons carrying out abstractions to which those regulations apply.

(2) In performing its functions referred to in subsection (1) a local authority shall—

(a) have regard to any code of practice for the time being published and approved by the Agency under section 76 of the Act of 1992 in so far as it relates to regulations under section 8 or 9, and

(b) consult to such extent as it considers necessary with the Agency, the Minister or such other person as it considers appropriate.

(3) Each local authority shall, as far as practicable, develop coordination arrangements with other local authorities with a view to promoting consistency of approach in performing its functions under subsection (1) and to avoid any unnecessary duplication of administrative procedures.

(4) A local authority shall in accordance with regulations under section 89—

(a) maintain a record of environmental inspections carried out by it, and

(b) make the record available to the Minister or Agency when requested by the Minister or Agency.

91. Authorised person appointed by local authority

91. (1) The chief executive of a local authority may, for the purpose of the performance of the functions of the local authority under this Part, appoint such and so many members of staff of the local authority as he or she considers appropriate to be authorised persons.

(2) A person appointed to be an authorised person under subsection (1) shall on his or her appointment be furnished with a warrant of his or her appointment, and when exercising a power under this Act shall, if requested by any person affected thereby, produce the warrant to that person for inspection.

(3) An appointment under subsection (1) shall cease—

(a) if the chief executive of the local authority revokes the appointment,

(b) if the appointment is for a fixed period, on expiry of that period, or

92. Functions of Agency under this Part

92. (1) The Agency shall carry out environmental inspections and take measures necessary to ensure compliance with this Act and regulations (other than regulations under sections 8 and 9) made under it by persons carrying out abstractions.

(2) The Agency shall, in accordance with regulations under section 89—

(a) maintain a record of environmental inspections carried out by it, and

(b) make the record available to the Minister when requested by the Minister.

93. Authorised person appointed by Agency

93. (1) A Director General of the Agency may, for the purpose of the performance by the Agency of its functions under section 92, appoint such and so many members of staff of the Agency as he or she considers appropriate to be authorised persons.

(2) A person appointed to be an authorised person under subsection (1) shall on his or her appointment be furnished with a certificate of his or her appointment, and when exercising a power under this Act shall, if requested by any person affected thereby, produce the certificate to that person for inspection.

(3) An appointment under subsection (1) shall cease—

(a) if the Director General of the Agency revokes the appointment,

(b) if the appointment is for a fixed period, on expiry of that period, or

94. Power of authorised person to enter premises

94. (1) Subject to subsection (2), an authorised person—

(a) appointed by a local authority may, for the purpose of the performance by the local authority of its functions under section 90, or

(b) appointed by the Agency may, for the purpose of the performance by the Agency of its functions under section 92,

at all reasonable times, and if necessary by use of reasonable force, enter any premises which the authorised person has reasonable grounds to believe are being or have been used for the carrying out of an abstraction or, at, on or in which the authorised person has reasonable grounds to believe that records relating to the carrying out of an abstraction are kept.

(2) An authorised person shall not enter a dwelling otherwise than—

(a) with the consent of the occupier, or

(b) pursuant to a warrant under section 96.

95. Powers of authorised person

95. (1) An authorised person who has entered a premises under section 94 may—

(a) at such premises inspect and take copies of any books, records, other documents (including documents stored in non-legible form) or extracts therefrom that he or she finds in the course of his or her inspection,

(b) remove any such books, records, documents, labels or packaging from such premises and retain them for such period as he or she reasonably considers to be necessary for the purposes referred to in section 90 or 92, as appropriate,

(i) any abstraction being carried out at the premises (including by monitoring and measuring the abstraction),

(ii) abstraction works, pipework, storage tanks or any other equipment that may be used in the abstraction of water on the premises, or

(iii) any equipment, machinery or plant found at the premises as he or she reasonably considers to be necessary for the purposes referred to in section 90 or 92, as appropriate,

(d) require any person at the premises, the owner or person in charge of the premises or any person employed therein to—

(i) give to the authorised person such assistance and information, and

(ii) produce to the authorised person books, documents or other records (and in the case of documents or records stored in non-legible form, a legible reproduction thereof), that are in that person’s possession or procurement,

as the authorised person may reasonably require for the purposes referred to in section 90 or 92, as appropriate,

(e) require any person at the premises (including the owner, person in charge of the premises and any person employed therein) to answer such questions as the authorised person may ask relative to any matter in connection with compliance with this Act,

(f) for the purposes of analysis and examination, take samples of water, soil or any other substance found at the premises,

(g) direct that any water, soil, other substance or any matter or thing that is found at the premises not be moved from the premises without his or her consent,

(h) secure for later inspection the premises, or any part of the premises, in which an abstraction is being carried out or in which water, soil or any other matter, or anything referred to in paragraph (b) is found or ordinarily kept, for such period as may reasonably be necessary for the purposes referred to in section 90 or 92, as appropriate,

(i) take possession of, remove from the premises and retain (for such period as he or she considers reasonably necessary for the purposes of his or her functions under this Act) anything referred to in paragraph (b) found at the premises, or

(j) take any other actions necessary for the purposes of an environmental inspection.

(2) Where an authorised person—

(a) appointed under section 91, upon reasonable grounds, believes that a person has committed an offence under a regulation under section 8 or 9 declared to be a penal provision, or

(b) appointed under section 93, upon reasonable grounds, believes that a person has committed an offence under this Act, a regulation under section 57 or 73 declared to be a penal provision or an article of an order under section 80 declared to be a penal provision,

the authorised person may require the person to provide the authorised person with his or her name and the address at which he or she ordinarily resides and documentary confirmation thereof.

(3) A statement or admission made by a person pursuant to a requirement under paragraph (d) or (e) of subsection (1) shall not be admissible as evidence in proceedings brought against that person for an offence (other than an offence under section 103(b)).

(4) An authorised person may be accompanied by such and so many members of the Garda Síochána as he or she considers necessary when exercising a power under this Part.

(5) In this section “person in charge” means, in relation to a premises—

(a) the person under whose direction and control any activities at that premises are being conducted, or

(b) the person whom the authorised person reasonably believes to be directing and controlling any activities taking place at that premises.

96. Warrant required to enter certain premises

96. (1) Upon the sworn information of an authorised person, a judge of the District Court may, if satisfied that there are reasonable grounds for believing that information, books, records or other documents (including information, books, records or documents stored in non-legible form) relating to the carrying out of an abstraction, are kept at a dwelling, issue a warrant authorising a named authorised person, accompanied by such other authorised persons or members of the Garda Síochána as the judge considers necessary to—

(a) enter the dwelling (if necessary by the use of reasonable force),

(b) inspect the dwelling, and

(2) Where an authorised person in the exercise of his or her powers under this Part —

(a) is prevented, or otherwise refused permission, from entering any premises,

(b) has reason to believe—

(i) in the case of an authorised person appointed under section 91 that evidence related to a suspected offence under a regulation under section 8 or 9 declared to be a penal provision, or

(ii) in the case of an authorised person appointed under section 93 that evidence related to a suspected offence under this Act, a regulation under section 57 or 73 declared to be a penal provision or an article of an order under section 80 declared to be a penal provision,

may be present in any premises and that evidence may be removed therefrom or destroyed, or

the authorised person or the person by whom he or she was appointed may apply to the District Court for a warrant authorising the entry by the authorised person onto the premises.

(3) If, on application to him or her under subsection (2), a judge of the District Court is satisfied on the sworn information of the authorised person that he or she—

(a) has been prevented, or otherwise refused, from entering onto a premises,

(b) has reason to believe that evidence related to a suspected offence under this Act, any regulations made under this Act or an order under section 80 may be present on the premises and that evidence may be removed therefrom or destroyed, or

the Court may issue a warrant authorising that person, accompanied by other authorised persons or by a member of the Garda Síochána, at any time or times within one month from the date of issue of the warrant, on production of the warrant if so requested, to enter, if need be by reasonable force, the premises concerned and exercise all or any of the powers conferred on an authorised person under this section or section 95.

97. Local authority may give compliance notice

97. (1) Where it appears to a local authority, as respects its administrative area, that it is necessary to do so in order to prevent or limit failure by a water body to meet its environmental objectives, caused by the carrying out of an abstraction, the local authority may give a compliance notice to the person carrying out the abstraction.

(2) Subsection (1) shall only apply in relation to an abstraction to which regulations under section 8 or 9 apply.

(3) The local authority shall, in giving a compliance notice, have regard to any code of practice for the time being published and approved by the Agency under section 76 of the Act of 1992 in so far as it relates to compliance with regulations under section 8 or 9.

(4) Where the abstraction to which a compliance notice to be given under this section relates is situated in the administrative area of more than one local authority, one of the local authorities concerned may with the agreement of the other local authority concerned give the compliance notice on behalf of that other local authority.

98. Agency may give compliance notice

98. (1) Where it appears to the Agency that it is necessary to do so in order to prevent or limit failure by a water body to meet its environmental objectives, caused by the carrying out of an abstraction, the Agency may give a compliance notice to the person carrying out the abstraction.

(2) Subsection (1) shall not apply in relation to an abstraction referred to in section 97(2).

(3) Without prejudice to the generality of subsection (1) where it appears to the Agency that the continuation of an abstraction, pending its decision on an application for a licence under section 35 or 44 in relation to that abstraction is likely to cause significant adverse effects on the environment, the Agency shall give a compliance notice to the person carrying out the abstraction.

(4) Where the application for a licence under section 35 or 44 involves development or proposed development the Agency shall give notice, as soon as may be, to the planning authority in whose area the development is or is to be carried out or the Board of the giving of the compliance notice.

99. Supplemental provisions relating to compliance notices

99. (1) Without prejudice to the generality of section 97(1) or 98(1), a compliance notice shall—

(a) require the taking of specified measures which the local authority or Agency considers necessary in order to prevent or limit failure by a water body to meet its environmental objectives caused by an abstraction or prevent a recurrence thereof,

(b) in the case of a compliance notice referred to in section 98(3) require the taking of specified measures which the Agency considers necessary in order to prevent or limit significant adverse effects on the environment caused by an abstraction,

(d) require the mitigation or remedying of any effects of any abstraction aforesaid in a specified manner,

(e) state the specified date, and

(f) advise the recipient of his or her right, under section 100, to appeal against or apply to suspend the operation of the compliance notice.

(2) Subject to section 100, a compliance notice shall take effect on the specified date.

(3) A compliance notice—

(a) may be given whether or not there has been a prosecution for an offence under this Act in relation to the abstraction concerned, and

(b) shall not prejudice the initiation of a prosecution for an offence under this Act in relation to the abstraction concerned.

(4) At any time where it considers it appropriate or necessary having regard to its functions under this Act, a local authority or the Agency may give a compliance notice amending a compliance notice (including a compliance notice amended under this subsection) and save where the context does not admit such a construction, references in this Part to a compliance notice shall, if the notice has been amended under this subsection, be construed as references to the compliance notice as so amended.

(5) A compliance notice shall remain in force—

(a) unless it is discharged on appeal or varied,

(b) until the local authority or the Agency revokes it, or

(c) until the local authority or the Agency gives notice to the recipient stating that the compliance notice has been complied with.

(6) A person who fails to comply with a compliance notice by the specified date shall be guilty of an offence.

(7) A person who continues to fail to comply with a compliance notice after the specified date shall be guilty of an offence.

(8) Where a person does not comply with a compliance notice by the specified date—

(a) the local authority or the Agency which gave the compliance notice may take any measures it considers necessary to protect or restore the water body, and

(b) in the case of a compliance notice referred to in section 98(3), the Agency may take any measures it considers necessary to mitigate or remedy the significant adverse effects on the environment,

and the local authority or the Agency, as the case may be, may recover the cost of such measures from the person to whom the compliance notice is given as a simple contract debt in a court of competent jurisdiction.

(9) In this section, “specified date” means—

(a) where the compliance notice provides that it is to take effect regardless of any appeal under section 100, the date the compliance notice is received by the person to whom it is given, or on such later date as may be specified in the compliance notice, or

(b) where the compliance notice does not so provide—

(i) where no appeal is brought under section 100 against the compliance notice, on the date on which the period during which an appeal may be taken expires, or if later than that date, the date specified in the compliance notice as the day on which it is to come into effect, or

(ii) where an appeal is brought under section 100, the date on which the compliance notice is confirmed on appeal, or the appeal is withdrawn, or if later than that date, the date specified in the compliance notice as the day on which it is to come into effect.

100. Appeal against or application to suspend compliance notice

100. (1) The bringing of an appeal against a compliance notice which is to take effect in accordance with section 99(9)(a) shall not have the effect of suspending the operation of the compliance notice but the appellant may apply to the District Court to have the operation of the compliance notice suspended until the appeal is disposed of and the judge, if he or she is satisfied that there are reasonable grounds for so doing in the interests of justice and having regard to the need to prevent or limit failure by a water body to meet its environmental objectives, or if applicable, prevent or limit significant adverse effects on the environment, may direct that the operation of the compliance notice is suspended until the appeal is disposed of.

(2) A person to whom a compliance notice is given may within 28 days beginning on the day on which the compliance notice is given to him or her, appeal against the compliance notice to the District Court and in determining the appeal the judge may, if he or she is satisfied that there are reasonable grounds for so doing in the interests of justice and having regard to the need to prevent or limit failure by a water body to meet its environmental objectives, or if applicable, prevent or limit significant adverse effects on the environment—

(a) confirm the compliance notice, with or without modification, or

(b) discharge the compliance notice.

(3) Where, on the hearing of an appeal under this section a compliance notice is confirmed, the judge of the District Court by whom the appeal is heard may, on the application of the appellant, suspend the operation of the compliance notice for such period as, in the circumstances of the case in the interests of justice and having regard to the need to prevent or limit failure by a water body to meet its environmental objectives, or if applicable, prevent or limit significant adverse effects on the environment, the judge considers appropriate.

(4) The person who appeals against a compliance notice or who applies to have the operation of the compliance notice suspended, shall at the same time notify the local authority or the Agency of the appeal or application and the local authority or the Agency shall be entitled to appear, be heard and adduce evidence on the hearing of the appeal or the application.

101. Application to Court

101. Subject to section 100, where a person to whom a compliance notice is given fails to comply with the compliance notice by the specified date, the local authority or the Agency, may, on notice to the person, apply in a summary manner to the Circuit Court for an order requiring the person to comply with the compliance notice (or to take such varied or other measures for the like purpose) and the Circuit Court—

(a) may—

(i) make the order sought, or

(ii) make the order sought subject to such variations as may be specified in the order, or make the order sought subject to such other measures for the like purpose as may be specified in the order,

(b) may dismiss the application,

and, whether paragraph (a) or (b) is applicable, may make such order as to costs as it thinks fit in respect of the application.

102. False or misleading information

102. A person who knowingly or recklessly provides information which is false or misleading in a material particular in purported compliance with this Act, regulations under this Act or an order under section 80, to—

(a) the Agency, or

(b) a local authority.

shall be guilty of an offence.

103. Obstruction

103. A person who—

(a) obstructs or interferes with an authorised person or a member of the Garda Síochána in the course of exercising a power conferred on him or her by this Act or a warrant under section 96 or impedes the exercise by the authorised person or member, as the case may be, of such power,

(b) fails or refuses to comply with a requirement of an authorised person or member of the Garda Síochána pursuant to paragraph (d) or (e) of section 95(1) or in purported compliance with such requirement gives information or makes a declaration to the authorised person or member that he or she knows to be false or misleading in any material respect, or

(c) fails or refuses to comply with a direction of an authorised person or member of the Garda Síochána pursuant to section 95(1)(g),

shall be guilty of an offence.

104. Offences and penalties

104. (1) A person guilty of an offence under section 8(4), 9(5), 11(10), subsection (4) or (5) of section 12, section 15(8), subsection (9) or (11) of section 16, section 52(10), 57(3), 73(2), 80(9), or subsection (6) or (7) of section 99 shall be liable on summary conviction to a class A fine or imprisonment for a term not exceeding 12 months or both.

(2) A person guilty of an offence under section 46, 102 or 103 shall be liable—

(a) on summary conviction, to a class A fine or imprisonment for a term not exceeding 12 months or both, or

(b) on conviction on indictment, to a fine not exceeding €50,000 or imprisonment for a term not exceeding 5 years or both.

(3) A person guilty of an offence under section 27(5), 35(5), or 44(5) shall be liable—

(a) on summary conviction, to a class A fine or imprisonment for a term not exceeding 12 months or both, or

(b) on conviction on indictment, to a fine not exceeding €15,000,000 or imprisonment for a term not exceeding 10 years or both.

105. Offence by body corporate

105. Where an offence is committed by a body corporate and it is proved that the offence was committed with the consent, connivance or approval of, or was attributable to any wilful neglect on the part of any director, manager, secretary or other officer of the body corporate, that person shall, as well as the body corporate, be guilty of an offence and shall be liable to be proceeded against and punished as if he or she were guilty of the first-mentioned offence.

106. Continuing offence

106. Where a person, after conviction of an offence under section 99(7) continues to fail to comply with the compliance notice, he or she shall be guilty of an offence on every day or part of a day on which the contravention continues and for each such offence he or she shall be liable on summary conviction to a class A fine.

107. Evidentiary presumptions

107. (1) An authorised person may arrange for the carrying out of tests, examinations and analyses of a sample or thing removed from a premises under section 95(1) by a person specified for that purpose by the Agency or a local authority.

(2) In any proceedings, a certificate purporting to be signed by an authorised person in respect of a test, examination or analysis referred to in subsection (1) may, without proof of the signature of the person signing the certificate or that he or she is authorised to sign the certificate, be produced in court and in all proceedings under this Act and is evidence, unless the contrary is shown, of the matter the subject of the certificate.

108. Prosecution by local authority

108. (1) A prosecution for an offence under section 8(4) or 9(5) or, in so far as it relates to a compliance notice given by the local authority under section 97(1), subsection (6) or (7) of section 99 may be taken by the local authority in whose administrative area the abstraction concerned is situate, or the local authority which gave the notice.

(2) Where a person is convicted of an offence referred to in subsection (1) in proceedings brought by a local authority, the court shall, unless it is satisfied that there are special and substantial reasons for not so doing, order the person to pay the local authority the costs and expenses, measured by the court, incurred by the local authority in relation to the investigation, detection and prosecution of the offence, including costs and expenses incurred in the taking of samples, the carrying out of tests, examinations or analyses and in respect of the remuneration and other expenses of employees of the local authority, or consultants and advisers engaged by the local authority.

(3) Where a court imposes a fine for an offence referred to in subsection (1) in proceedings brought by a local authority it shall, on the application of the local authority concerned (made before the time of such imposition), provide by order for the payment of the amount of the fine to the local authority as if the payment were due to that local authority on foot of an order made by the court in civil proceedings.

(4) The amount of any fine paid to, or recovered by a local authority under subsection (3) shall be disposed of by it in such manner as the Minister for Finance directs.

109. Prosecution by Agency

109. (1) A prosecution for an offence under section 11(10), subsection (4) or (5) of section 12, section 15(8), subsection (9) or (11) of section 16, section 52(10), 57(3), 73(2), 80(9), or, in so far as it relates to a compliance notice given by the Agency under section 98(1), subsection (6) or (7) of section 99 may be taken by the Agency.

(2) Where a person is convicted of an offence referred to in subsection (1) in proceedings brought by the Agency the court shall, unless it is satisfied that there are special and substantial reasons for not so doing, order the person to pay the Agency the costs and expenses, measured by the court, incurred by the Agency in relation to the investigation, detection and prosecution of the offence, including costs and expenses incurred in the taking of samples, the carrying out of tests, examinations or analyses and in respect of the remuneration and other expenses of directors or employees of the Agency, or consultants and advisers engaged by the Agency.

(3) Where a court imposes a fine in proceedings referred to in subsection (1) brought by the Agency it shall, on the application of the Agency (made before the time of such imposition), provide by order for the payment of the amount of the fine to the Agency as if the payment were due to the Agency on foot of an order made by the court in civil proceedings.

(4) The amount of any fine paid to, or recovered by the Agency under subsection (3) shall be disposed of by it in such manner as the Minister for Finance directs.

PART 10 Miscellaneous and transitional provisions

110. Minister may give general policy directives to Agency

110. (1) The Minister may, having regard to the matters specified in subsection (2), issue a general directive to the Agency as to policy (in this section referred to as a “directive”) and the Agency shall, in performing its functions under this Act, have regard to such a directive.

(2) Before issuing a directive under subsection (1), the Minister shall have regard to—

(a) the need to protect the water environment and the requirements of the Water Framework Directive,

(b) the objectives of a River Basin Management Plan,

(c) sustainable development, socio-economic needs and the need to maintain important sustainable human development activities,

(d) human safety and the protection of property, and

(e) matters of overriding public interest.

(3) The Minister may amend or revoke a directive.

(4) Nothing in this section shall be construed as enabling the Minister to exercise any power or control in relation to the performance by the Agency of a function assigned to it by or under this Act.

(5) The Minister shall, as soon as practicable after issuing a directive, or making an amendment or revocation under subsection (3), cause a copy of the directive, amendment or revocation to be laid before each House of the Oireachtas.

(6) A directive, or an amendment or revocation made under subsection (3), shall be published in Iris Oifigiúil as soon as practicable after it is issued or made.

111. Transitional arrangements consequent upon repeal of Act of 1942

111. (1) Notwithstanding the repeal of the Act of 1942 by section 7(1)(a), Irish Water may, in respect of a proposal that remains in force immediately before the date of the coming into operation of section 7(1)(a), continue to perform the functions referred to in paragraphs (a), (b) and (c) of section 13(1) of the Act of 1942 under and in accordance with the Act of 1942.

(2) Irish Water shall make an application for a licence in respect of a proposal referred to in subsection (1) that comprises an abstraction referred to in section 15(1) within the period referred to in subsections (2), (3), (4) or (5) of section 15, as appropriate.

(3) Subsection (1) shall no longer apply to a proposal that comprises an abstraction referred to in section 15(1) on and from the later of—

(a) the date the Agency has, in relation to the abstraction, made a decision under Part 5 to grant or refuse the licence, or

(b) where Irish Water appeals a decision of the Agency under Part 5 to refuse the licence, the date the court has made an order on foot of that appeal.

(4) Where an application for compensation under sections 14 to 16 of the Act of 1942 has not been determined pursuant to those sections before the date of the coming into operation of section 7(1)(a), the Act of 1942 shall continue to apply to the application for compensation notwithstanding the repeal of that Act by section 7(1)(a).

(5) In this section, “proposal” has the same meaning as it has in the Act of 1942.

112. Transitional provisions consequent upon repeal of Local Government (Sanitary Services) Act 1964

112. A water agreement, within the meaning of section 4 of the Local Government (Sanitary Services) Act 1964, entered into prior to the coming into operation of section 7(1)(b) shall be deemed to be a water abstraction agreement under section 83 and section 83 shall apply to such water agreement as it applies to a water abstraction agreement subject to any necessary modifications.

113. Transitional arrangements consequent upon revocation of Regulations of 2018

113. (1) A person carrying out an abstraction on the coming into operation of section 11 which meets or exceeds the registration threshold and which abstraction is entered in the register of abstractions on or before that coming into operation shall be taken to have complied with the requirements of subsections (1), (2), (3) and (4) of section 11.

(2) An abstraction referred to in subsection (1) that is entered in the register of abstractions shall, on the coming into operation of section 11, be deemed to be entered in the appropriate part of the register.

(3) A registration number issued under Regulation 4(2) of the Regulations of 2018 shall be deemed to be a registration number under section 11(5).

(4) Notwithstanding the revocation of the Regulations of 2018 by section 7(2), where a person made a notification of information under Regulation 4 of the Regulations of 2018 prior to revocation of those Regulations, that notification shall be treated as a notice given to the Agency under section 11(1).

(5) In this section, “register of abstractions” means the register established by the Agency under Regulation 3 of the Regulations of 2018.

PART 11 Amendment of other acts

114. Amendment of Canals Act 1986

114. The Canals Act 1986 is amended—

(a) in section 1(1), by the insertion of the following definition:

“‘Act of 2022’ means the Water Environment (Abstractions and Associated Impoundments) Act 2022;”,

(b) in section 6—

(i) by the substitution of “and shall, without prejudice to the generality of the foregoing and subject to the Act of 2022,” for “and shall without prejudice to the generality of the foregoing,”, and

(ii) by the substitution of the following paragraph for paragraph (g):

“(g) lease or let to any person canal property and licence (other than an abstraction within the meaning of the Act of 2022) the use of the canals and canal water by any person.”,

“(1B) Bye-laws under this section insofar as they relate to an abstraction (within the meaning of the Act of 2022) from the canals shall be subject to the provisions of that Act.”,

and

(d) in section 12(1)(b), by the insertion of “subject to the Act of 2022,” before “supplies of water”.

115. Amendment of Act of 1990

115. The Act of 1990 is amended—

(a) in section 1(1), by the insertion of the following definition:

“ ‘Act of 2022’ means the Water Environment (Abstractions and Associated Impoundments) Act 2022;”,

(b) in section 2, by the insertion of “and subject to the Act of 2022” after “to their powers under that Act”, and

(i) in subsection (1)—

(I) by the insertion, in paragraph (h), of “and subject to the Act of 2022” after “abstract water from the navigation channel”, and

(II) by the substitution, in paragraph (l)(ii), of “the use of water of or the abstraction of water from the canals and locks referred to in paragraph (b) of the definition of the Shannon navigation” for “the use of water of or the abstraction of water from the navigation channel”,

and

(ii) by the insertion of the following subsection after subsection (1A):

“(1B) Bye-laws under this section, in so far as they relate to an abstraction (within the meaning of the Act of 2022) from the Shannon navigation shall be subject to the provisions of that Act.”.

116. Amendment of Act of 2000

116. The Act of 2000 is amended—

(a) in section 2(1), by the insertion of the following definitions:

“‘abstraction’ has the same meaning as in the Water Environment (Abstractions and Associated Impoundments) Act 2022;

‘abstraction licence’ means a licence granted by the Environmental Protection Agency under Part 5 of the Water Environment (Abstractions and Associated Impoundments) Act 2022;”,

(b) in section 7(2), by the substitution in paragraph (c) of “an integrated pollution control licence, an abstraction licence” for “an integrated pollution control licence”,

“(ca) Where an application under this section relates to development which comprises or is for the purposes of an activity for which an abstraction licence is required, a planning authority shall take into consideration that the control of abstractions is a function of the Environmental Protection Agency.”,

(d) in section 37F, by the substitution in subsection (5) of “an integrated pollution control licence, an abstraction licence” for “an integrated pollution control licence”,

(e) in section 37G—

(i) by the insertion of the following subsection after subsection (4):

“(4A) Where an application under section 37E relates to proposed development which comprises or is for the purposes of an activity for which an abstraction licence is required, the Board shall not, where it decides to grant permission, subject that permission to conditions which are for the purposes of controlling the abstraction related to the operation of the activity.”,

and

(ii) by the substitution, in subsection (5), of “an integrated pollution control licence, an abstraction licence” for “an integrated pollution control licence”,

(f) by the insertion of the following section after section 173C:

“Environmental impact assessment relating to abstractions

173D.(1) Where a planning authority or the Board is considering an application for permission referred to in subsection (2)(a) of section 25 of the Act of 2022, it shall, upon the request in writing of the person who made the application and not later than 3 working days from the date of the request, provide that person with—

(a) the confirmation first-mentioned in the said subsection (2)(a), and

(b) in circumstances where an environmental impact assessment is not required, the confirmation referred to in subparagraph (ii) of the said subsection (2)(a).

(2) Where a planning authority or the Board grants a permission referred to in subsection (2)(b) of section 25 of the Act of 2022 but did not require an environmental impact assessment in relation to the application for that permission, it shall, upon the request in writing of the person to whom the permission was granted, provide that person with the confirmation referred to in subparagraph (ii) of the said subsection (2)(b).

(3) A planning authority or the Board, as may be appropriate, shall comply with a request of the Environmental Protection Agency under subsection (4)(a) of section 25 of the Act of 2022 within 4 weeks of receipt of the request.

(4) A planning authority or the Board, as may be appropriate, shall comply with a request of the Environmental Protection Agency under subsection (5)(a) of section 25 of the Act of 2022 within 4 weeks of receipt of the request.

(5) A planning authority shall comply with a request of the Environmental Protection Agency under subsection (8)(a) of section 25 of the Act of 2022 within 4 weeks of receipt of the request.

(6) Where a planning authority or the Board is considering an application for permission in respect of development—

(a) belonging to a class specified in Part 2 of Schedule 5 of the Planning and Development Regulations 2001, and

(b) that in its opinion requires an abstraction licence,

it shall, for the purpose of making a determination as to whether or not an environmental impact assessment is required, invite the Environmental Protection Agency to make observations within such period as may be specified by the planning authority or the Board, as may be appropriate, in relation to the application, and the planning authority or the Board, as may be appropriate, shall take account of any such observations when making that determination.

(7) A person who—

(a) makes an application for permission to a planning authority or the Board, and

(b) has made an application, or proposes to make an application, for an abstraction licence in connection with an application referred to in paragraph (a),

shall, when making the application referred to in paragraph (a), inform the planning authority concerned or the Board, as may be appropriate, in writing of his or her having so made the application referred to in paragraph (b) or his or her proposal to make such an application, as the case may be.

(8) In this section—

‘permission’ means—

(a) permission under Part III,

(b) approval for development under section 175, 177AE, 181(2L), 181B, 182B, 182D or 226, or

(g) in section 175(10)—

(i) by the insertion of the following paragraph after paragraph (a):

“(aa) Where an application under this section relates to proposed development which comprises or is for the purposes of an activity for which an abstraction licence is required, the Board shall not, where it decides to approve the proposed development, subject that approval to conditions which are for the purposes of controlling the abstraction related to the operation of the activity.”,

and

(ii) by the substitution, in paragraph (b), of “an integrated pollution control licence, an abstraction licence” for “an integrated pollution control licence”,

(h) in section 177AE(10) —

(i) by the insertion of the following paragraph after paragraph (a):

and

(ii) by the substitution, in paragraph (b), of “an integrated pollution control licence, an abstraction licence” for “an integrated pollution control licence”,

(i) in the Fourth Schedule by the insertion of the following paragraph after paragraph 20C:

“20D.The proposed development would not be consistent with the objectives of a river basin management plan made under Regulation 13 of the European Communities (Water Policy) Regulations 2003 (S.I. No. 722 of 2003).”,

and

(j) in the Seventh Schedule, by the substitution in paragraph 3 of “A groundwater abstraction, artificial groundwater recharge scheme or a surface water abstraction” for “A groundwater abstraction or artificial groundwater recharge scheme”.

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