Water Environment (Abstractions and Associated Impoundments) Act 2022
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PART 6 Abstraction by Irish Water | ||
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Chapter 1 Public abstraction by Irish Water | ||
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Definitions and provision relating to notices | ||
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60. (1) In this Part— | ||
“Act of 1845” means the Lands Clauses Consolidation Act 1845 ; | ||
“Act of 2007” means the Water Services Act 2007 ; | ||
“ancillary operations” means embanking, damming, dredging, deepening, widening, straightening, diverting, altering the level of or otherwise affecting a source of water or any river, lake, pond, or other water on or connected (directly or indirectly) with a public abstraction; | ||
“EIA” has the same meaning as it has in Chapter 1 of Part 5 ; | ||
“emergency abstraction” has the meaning given to it by section 78 (1); | ||
“land” has the same meaning as it has in the Act of 2007; | ||
“materially adversely affected” in relation to a right, title or interest in an easement, way-leave, water right, fishing right or other right over or in respect of water, means an actual material impediment to the use or enjoyment of that right, title or interest or actual material loss suffered and shall not include a trivial impediment or loss; | ||
“objection” has the meaning given to it by section 64 (1); | ||
“supply of public water” means all services related to the provision of water intended for human consumption, including the storage, treatment or distribution of surface water, groundwater or water supplied by a water services authority (within the meaning of the Act of 2007); | ||
“temporary abstraction” has the meaning given to it by section 74 (1). | ||
(2) Failure by Irish Water to give a notice to every person, other than the Agency and Waterways Ireland, that is required under this Part, shall not in relation to the public abstraction, temporary abstraction or emergency abstraction to which the notice refers, of itself invalidate— | ||
(a) the carrying out of the abstraction concerned, | ||
(b) any consideration by the Board under section 66 , | ||
(c) any assessment by the Agency under section 77 , | ||
(d) the consideration by the Minister under section 80 , or | ||
(e) the hearing of an appeal by the District Court under section 81 . | ||
(3) Where subsection (2) applies, a person referred to in that subsection may make an application to the District Court and the Court may— | ||
(a) direct Irish Water to give a notice to that person, and | ||
(b) make such other ancillary orders as the Court thinks reasonable. |