Water Environment (Abstractions and Associated Impoundments) Act 2022
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Notice of proposal to carry out public abstraction | ||
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62. (1) Irish Water shall, not less than 42 days before the date on which it proposes to commence carrying out a public abstraction, give notice of the proposal in accordance with this section. | ||
(2) A notice under subsection (1) shall be— | ||
(a) given to the owner and occupier of the land where the abstraction point or points at which Irish Water proposes to carry out the public abstraction is or are located, | ||
(b) given to any person who, to the knowledge of Irish Water having made reasonable inquiry, has a right, title or interest in any easement, way-leave, water right, fishing right or other right over or in respect of the water to which the proposal to carry out a public abstraction relates, | ||
(c) given to the Agency, and | ||
(d) published in accordance with section 63 . | ||
(3) A notice under subsection (1) shall— | ||
(a) state that Irish Water proposes to carry out a public abstraction, | ||
(b) specify the date on which Irish Water proposes to commence carrying out the public abstraction, | ||
(c) identify, by means of such particulars, maps, plans or drawings as Irish Water considers appropriate the source of water from which the public abstraction is proposed to be carried out and its location, | ||
(d) identify, by means of such particulars, maps, plans or drawings as Irish Water considers appropriate the abstraction point or points at which the public abstraction is proposed to be carried out and its or their location, | ||
(e) specify the proposed daily rate of the public abstraction and, if applicable, specify different daily rates proposed to be abstracted at different times during a 12 month period, | ||
(f) where the water is to be abstracted from a source of water that is a lake, provide an estimate of the effect of the proposed public abstraction on the level of the lake, | ||
(g) where the water is to be abstracted from a source of water that is not a lake, provide an estimate of the effect of the proposed public abstraction— | ||
(i) on the flow of water in a river or stream, or | ||
(ii) on the level of groundwater, | ||
(h) where a canal forms part of the hydrological regime of the source of water, provide an estimate of the impact of the proposed public abstraction, if any, on the structural integrity of the canal, | ||
(i) identify any entry of the public abstraction in the register and confirm whether any application has been made under Part 5 for a licence for the public abstraction, | ||
(j) where any ancillary operations associated with the carrying out of the public abstraction are subject to a grant of permission for development under Part III of the Act of 2000, or a requirement to apply for such permission under that Act, include information on where the grant of planning permission or the application for permission may be inspected, | ||
(k) state that any person who believes that his or her right, title or interest in an easement, way-leave, water right, fishing right or other right over or in respect of water would be materially adversely affected by the proposed public abstraction may make an objection to the proposal in accordance with this Part, | ||
(l) state that any person whose right, title or interest in an easement, way-leave, water right, fishing right or other right over or in respect of water has been materially adversely affected by the carrying out of the public abstraction may, in accordance with section 69 , claim compensation from Irish Water in respect of any damage suffered in consequence of the public abstraction, and | ||
(m) contain such other information as may be prescribed by the Minister under section 73 . |