Water Environment (Abstractions and Associated Impoundments) Act 2022

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Assessment of certain abstractions

19. (1) For the purpose of determining if an abstraction should be subject to a retrospective EIA, the Agency shall assess an abstraction that—

(a) is deemed to be entered in the appropriate part of the register pursuant to section 113 (2),

(b) 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, and

(c) is less than the licensing threshold and does not otherwise require a licence under paragraphs (b) or (c) of section 15 (1).

(2) For the purpose of determining if an abstraction should be subject to an EIA, the Agency may assess an abstraction, other than an abstraction referred to in subsection (1)(a), that—

(a) 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, and

(b) is less than the licensing threshold and does not otherwise require a licence under paragraphs (b) or (c) of section 15 (1).

(3) For the purposes of an assessment under subsection (1) or (2), the Agency may give notice to the person carrying out the abstraction requiring him or her to submit, within the period specified in the notice, such information relating to the abstraction and the environmental effects of that abstraction as the Agency may reasonably require, including information in relation to any permission or consent relating to the abstraction granted under any enactment.

(4) The Agency may enter into consultations with such public authorities as the Agency considers appropriate.

(5) In carrying out an assessment under subsection (1) or (2), the Agency shall have regard to—

(a) the information in the register in relation to the abstraction, if applicable,

(b) any information submitted under subsection (3), and

(c) such other information relating to the effects on the environment arising from the abstraction that is available to the Agency.

(6) The Agency shall, as soon as practicable after the coming into operation of this section, carry out an assessment under subsection (1) of an abstraction referred to in that subsection and where the Agency concludes that—

(a) there have been no significant effects on the environment arising from the abstraction and there is no real likelihood of such significant effects, the Agency shall determine that a retrospective EIA is not required,

(b) there is a significant and realistic doubt as to the likelihood of whether there have been or there may be significant effects on the environment arising from the abstraction, the Agency shall determine that a screening assessment is required, or

(c) there have been significant effects on the environment arising from the abstraction or there is a real likelihood of significant effects on the environment, the Agency shall determine that a retrospective EIA is required.

(7) If the Agency carries out an assessment under subsection (2) of an abstraction referred to in that subsection and concludes that—

(a) there have been no significant effects on the environment arising from the abstraction and there is no real likelihood of such significant effects, the Agency shall determine that an EIA is not required,

(b) there is a significant and realistic doubt as to the likelihood of whether there have been or there may be significant effects on the environment arising from the abstraction, the Agency shall determine that a screening assessment is required, or

(c) there have been significant effects on the environment arising from the abstraction or there is a real likelihood of significant effects on the environment, the Agency shall determine that an EIA is required.

(8) The Agency shall give notice to the person carrying out the abstraction of—

(a) its determination under subsection (6) or (7),

(b) the main reasons for the determination, and

(c) in the case of a determination under subsection (6)(c) or (7)(c), the requirement to make an application for a licence, accompanied by an EIAR or a retrospective EIAR under section 21 , 29 or 37 , as appropriate.

(9) Where the Agency makes a determination under subsection (6)(b) or (7)(b), the Agency shall give notice to the person carrying out the abstraction requiring him or her to submit, within the period specified in the notice, the information specified in section 24 (2) and he or she may also submit a description of features or measures, if any, incorporated or envisaged to avoid or prevent what might otherwise be or have been significant adverse effects on the environment.

(10) The Agency shall assess whether the abstraction specified in subsection (9) has had or is likely to have significant effects on the environment (in this section referred to as a “screening assessment”).

(11) In carrying out a screening assessment, the Agency shall have regard to the information submitted under subsection (9) and to the matters specified in paragraphs (a), (c), (d) and (f) of section 24 (4).

(12) Where the Agency, having carried out a screening assessment, concludes—

(a) that the abstraction has had or is likely to have significant effects on the environment, the Agency shall give notice to the person carrying out the abstraction of—

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

(ii) the requirement to make an application for a licence, accompanied by an EIAR or a retrospective EIAR, as appropriate, under section 21 , 29 or 37 ,

or

(b) that the abstraction has not had and is not likely to have significant effects on the environment, the Agency shall give notice to the person carrying out the abstraction of—

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

(ii) any features or measures proposed by that person to avoid or prevent significant adverse effects on the environment.

(13) Subject to subsection (14), the Agency shall give notice under subsection (12) as soon as practicable and within 8 weeks after the date on which the person carrying out the abstraction has submitted all of the information required under subsection (9).

(14) The Agency may, in exceptional cases, including where it is justified by the nature, complexity, location or size of the abstraction, extend the 8 week period referred to in subsection (13) and in such cases, it shall give notice to the person carrying out the abstraction of the reasons justifying the extension and of the date when the notice can be expected.

(15) In this section, a reference to the person carrying out the abstraction shall be read as including a reference to a proposal by Irish Water to carry out a temporary abstraction, within the meaning of section 74 .