Water Environment (Abstractions and Associated Impoundments) Act 2022
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Grant of licences | ||
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20. (1) The Agency may decide to grant or refuse to grant a licence under section 27 , 35 or 44 on an application being made to it and— | ||
(a) the Agency may attach such conditions to the licence as it considers appropriate, and | ||
(b) the licence shall, subject to any conditions concerning its duration, remain in force for an indefinite period, subject to its surrender, suspension or revocation. | ||
(2) In considering an application for a licence, the Agency shall have regard to— | ||
(a) the environmental objectives for the water body concerned, | ||
(b) the water resources plan prepared by Irish Water for the purposes of the water services strategic plan prepared under section 33 of the Water Services (No. 2) Act 2013 , | ||
(c) any directive issued by the Minister under section 110 concerning the grant of licences, | ||
(d) the matters specified in section 18 (4)(a), in the case of an abstraction from a body of surface water, | ||
(e) the matters specified in section 18 (4)(b), in the case of an abstraction from a body of groundwater, | ||
(f) the matters specified in section 18 (4)(c), | ||
(g) in the case of an application relating to a public abstraction or an abstraction that may affect a public abstraction, the functions of Irish Water, | ||
(h) in the case of an application relating to a public abstraction from a reservoir of the ESB, or an abstraction by the ESB, the functions of the ESB referred to in section 87 (8), and | ||
(i) in the case of an application relating to an abstraction from a canal or navigable water, the functions conferred on Waterways Ireland under the Canals Act 1986 and the Act of 1990. | ||
(3) The Agency shall not grant a licence unless it is satisfied that the abstraction, carried out in accordance with such conditions as may be attached to the licence will not— | ||
(a) cause a deterioration in the status of the body of surface water concerned or the body of groundwater concerned, and | ||
(b) compromise compliance with any standards and objectives established for a protected area, where applicable. | ||
(4) The Agency may decide to refuse to grant a licence where the Agency considers that the abstraction, notwithstanding any conditions that may be attached to the licence, is unacceptable on environmental grounds. | ||
(5) The Agency shall attach conditions to a licence consistent with the environmental objectives of the water body concerned, including conditions that aim to protect or restore— | ||
(a) the hydrological regime of that water body, and | ||
(b) in the case of a body of surface water, the continuity or morphological condition of that water body. | ||
(6) Conditions attached to a licence may— | ||
(a) specify limits on— | ||
(i) the daily rate, and | ||
(ii) the rate of water which may be abstracted in any 12 month period, | ||
(b) specify measures to be taken to protect the water body concerned from the effects of short-term high-intensity abstractions, | ||
(c) specify periods during which a person may or may not carry out an abstraction, | ||
(d) specify the means, including the provision, operation, maintenance and supervision of plant and other facilities, to be used for controlling an abstraction, | ||
(e) require the provision, operation and maintenance of meters, gauges, manholes, inspection chambers or other means for the purpose of monitoring the nature, extent and effects of the abstraction, | ||
(f) require the taking of and analysis of samples, the making of measurements, the keeping of records and the submission of information to the Agency, or to any other specified person, | ||
(g) specify the date by which a condition is to be complied with, | ||
(h) specify the measures, if any, to be taken on the cessation of the abstraction, | ||
(i) specify the requirements for the surrender of a licence, | ||
(j) require measures to be taken relating to the effect of the abstraction on the environment, including any appropriate monitoring measures, | ||
(k) specify measures to be taken, including a reduction in the rate of water that may be abstracted, in the event of a temporary abstraction or an emergency abstraction within the meaning of section 60 , and | ||
(l) specify such other matters as may be prescribed. | ||
(7) The Agency may, in accordance with regulations under section 57 , specify a fee to be charged by the Agency and paid by the licensee to discharge the costs incurred by the Agency— | ||
(a) in determining whether there has been compliance with the conditions attached to the licence, | ||
(b) in relation to steps taken for the purpose of monitoring the abstraction, or | ||
(c) otherwise in relation to the abstraction. | ||
(8) For the avoidance of doubt and notwithstanding any other enactment the Agency is not required to make a screening determination or carry out an EIA for the purposes of considering— | ||
(a) a water abstraction agreement referred to in section 83 , | ||
(b) an opinion of Waterways Ireland referred to in section 84 , | ||
(c) an agreement to abstract water from a canal referred to in section 85 , or | ||
(d) further information furnished by the ESB referred to in section 87 (3). |