Water Environment (Abstractions and Associated Impoundments) Act 2022

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PART 3

Exemptions

Exemption for certain abstractions

9. (1) The Minister may by regulations prescribe certain abstractions or activities relating to abstractions to be exempt from regulations under section 8 or the requirements of section 11 where he or she is satisfied that prescribing the abstraction or activity to be so exempt has or will have no significant impact on surface water status or groundwater status.

(2) Before prescribing under subsection (1), the Minister shall consult with and consider any recommendations of the Agency and the Minister shall have regard to—

(a) the environmental objectives for the water body concerned,

(b) the obligation to protect species and habitats under the Habitats Directive and Birds Directive, and

(c) the requirements of the EIA Directive.

(3) Without prejudice to the generality of subsection (1), the following abstractions or activities relating to abstractions may be prescribed:

(a) an abstraction from a borehole or well to provide drinking water to a domestic dwelling;

(b) a temporary abstraction to facilitate the carrying out of works;

(c) an abstraction stored in an impoundment or an artificial storage pond built for the purpose of storing water which receives its inflow from an abstraction entered in the register;

(d) an abstraction for testing or investigative reasons;

(e) a temporary abstraction to facilitate any works or operations authorised by or under an enactment;

(f) an abstraction that is required for fire-fighting;

(g) works relating to an associated impoundment of an exempted abstraction;

(h) such other abstraction or activity relating to an abstraction as the Minister may prescribe.

(4) Regulations under this section may provide for all or any of the following matters:

(a) the nature, scale and duration of the abstraction or activity relating to an abstraction;

(b) the application of the exemption to all or part of the State;

(c) the volume of water that may be abstracted in any 24 hour or other period;

(d) any other requirement or condition which the Minister considers necessary.

(5) 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.