Water Environment (Abstractions and Associated Impoundments) Act 2022
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Number 48 of 2022 | ||
WATER ENVIRONMENT (ABSTRACTIONS AND ASSOCIATED IMPOUNDMENTS) ACT 2022 | ||
CONTENTS | ||
Preliminary and general | ||
Section | ||
Regulations for certain abstractions | ||
Exemptions | ||
Register of abstractions | ||
Licensing of abstractions | ||
Abstractions requiring licence | ||
Licence application and EIA | ||
27. Grant or refusal of licence application under section 21 | ||
Licence application requiring retrospective EIA or screening for retrospective EIA | ||
29. Application for licence requiring retrospective EIA or screening for retrospective EIA | ||
35. Grant or refusal of licence application under section 29 | ||
36. Decision where application was subject to a retrospective EIA | ||
Chapter 4 | ||
Combined application for a licence and EIA | ||
38. Coordination of EIA for combined application for licence | ||
39. Exceptionality test for combined application for licence | ||
41. Screening determinations for combined application for licence | ||
42. Coordination of EIA with planning authority or Board for combined application for licence | ||
44. Grant or refusal of licence application under section 37 | ||
45. Decision where application was subject to EIA or retrospective EIA | ||
Obligations, joint licences, surrenders, transfers, reviews, revocations or suspensions | ||
51. Review of conditions attached to licence on application by licensee | ||
55. Appeal to High Court against certain decisions of Agency | ||
Miscellaneous provisions relating to licences | ||
Abstraction by Irish Water | ||
Public abstraction by Irish Water | ||
Temporary Abstraction by Irish Water | ||
81. Appeal to District Court against notice of temporary abstraction | ||
82. Claim for compensation for temporary or emergency abstraction | ||
Abstraction by Irish Water from reservoirs of Electricity Supply Board | ||
83. Abstraction by Irish Water from reservoirs of Electricity Supply Board | ||
Waterways Ireland | ||
86. Operation and maintenance of navigable water by Waterways Ireland | ||
Electricity Supply Board | ||
Enforcement | ||
100. Appeal against or application to suspend compliance notice | ||
Miscellaneous and transitional provisions | ||
111. Transitional arrangements consequent upon repeal of Act of 1942 | ||
112. Transitional provisions consequent upon repeal of Local Government (Sanitary Services) Act 1964 | ||
113. Transitional arrangements consequent upon revocation of Regulations of 2018 | ||
Amendment of other acts | ||
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Acts Referred to | ||
Acquisition of Land (Assessment of Compensation) Act 1919 (9 & 10 Geo. 5, c. 57) | ||
Canals Act 1986 (No. 3) | ||
Companies Act 2014 (No. 38) | ||
Electricity (Supply) Act 1927 (No. 27) | ||
Lands Clauses Consolidation Act 1845 (8 & 9 Vict.) c. 18 | ||
Liffey Reservoir Act 1936 (No. 54) | ||
Local Government Act 2001 (No. 37) | ||
Planning and Development Act 2000 (No. 30) | ||
Shannon Electricity Act 1925 (No. 26) | ||
Shannon Fisheries Act 1935 (No. 4) | ||
Shannon Fisheries Act 1938 (No. 7) | ||
Shannon Navigation Act 1990 (No. 20) | ||
Water Services (No. 2) Act 2013 (No. 50) | ||
Water Services Act 2007 (No. 30) | ||
Water Supplies Act 1942 (No. 1) | ||
Wildlife (Amendment) Act 2000 (No. 38) | ||
Wildlife Act 1976 (No. 39) | ||
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Number 48 of 2022 | ||
WATER ENVIRONMENT (ABSTRACTIONS AND ASSOCIATED IMPOUNDMENTS) ACT 2022 | ||
An Act to provide for the regulation of water abstractions and their associated impoundments; to give further effect to Directive 2000/60/EC of the European Parliament and of the Council of 23 October 20001 establishing a framework for Community action in the field of water policy; to provide for the Minister for Housing, Local Government and Heritage to regulate water abstractions not requiring a licence; to provide for the Minister to make regulations to exempt certain categories of water abstraction from certain requirements of the Act; to provide for the establishment of a register of water abstractions; to provide for licensing of water abstractions; to provide for the Minister to specify by order the daily rate of an abstraction that requires registration and licensing; to provide for the conferral of licensing and certain enforcement functions on the Environmental Protection Agency; to give further effect to Directive No. 2011/92/EU of the European Parliament and of the Council of 13 December 20112 on the assessment of the effects of certain public and private projects on the environment amended by Directive 2014/52/EU of the European Parliament and of the Council of 16 April 20143 ; to provide for Irish Water to carry out abstractions for the purpose of the performance of its functions; to provide for certain temporary and emergency abstractions required to be carried out by Irish Water and for those abstractions to be exempt from certain requirements of the Act; to provide for compensation for certain abstractions carried out by Irish Water; to provide for abstractions by Irish Water from reservoirs of the Electricity Supply Board; to provide for particular arrangements relating to abstractions from canals or navigable waters; to confer certain enforcement functions on local authorities; to repeal the Water Supplies Act 1942 and certain provisions of the Local Government (Sanitary Services) Act 1964 and the Local Government (Water Pollution) Act 1977 and to revoke the European Union (Water Policy) (Abstractions Registration) Regulations 2018 ( S.I. No. 261 of 2018 ); to amend the Canals Act 1986 , the Shannon Navigation Act 1990 and the Planning and Development Act 2000 ; and to provide for related matters. | ||
[20th December, 2022] | ||
Be it enacted by the Oireachtas as follows: | ||
