Water Environment (Abstractions and Associated Impoundments) Act 2022
|
Consideration of objection by Board | ||
|
66. (1) The Board shall, as soon as may be following receipt of an objection, give notice to Irish Water of the objection, furnish copies of it and the information referred to in paragraphs (d) to (h) of section 64 (3) to Irish Water and shall require Irish Water to provide its observations on the objection to the Board for its consideration within the period specified in the notice. | ||
(2) Irish Water may, not later than the period specified in the notice under subsection (1), prepare and submit to the Board a report setting out the views of Irish Water in relation to the objection, having regard in particular to— | ||
(a) any application for a licence under Part 5 or licence granted under that Part for the public abstraction concerned, | ||
(b) any application for permission for development, or grant of that permission, under the Act of 2000, required for the carrying out of the public abstraction or its ancillary operations, and | ||
(c) the requirement for the abstraction for the purpose of the performance by Irish Water of its functions. | ||
(3) The Board may, before making a decision under section 67 (3), require the person who made the objection to submit, within such period as the Board may specify, such further information as the Board may specify. | ||
(4) The Board may, before making a decision under section 67 (3), invite— | ||
(a) the Agency, | ||
(b) the planning authority to whom an application for permission referred to in subsection (2)(b) has been made or by whom such a permission has been granted, and | ||
(c) any other person or body as the Board considers necessary to assist it in making the decision, | ||
to make submissions or observations in relation to the objection within such period as the Board may specify. | ||
(5) The Board may, at any time after the expiration of the period within which submissions or observations may be made under subsection (4), make a decision under section 67 in relation to the objection. | ||
(6) Where the person who made the objection fails or refuses to comply with subsection (3), the objection concerned is deemed to have been withdrawn. | ||
(7) For the avoidance of doubt and notwithstanding any other enactment, the Board is not required to carry out a screening for environmental impact assessment (within the meaning of the Act of 2000) or an environmental impact assessment (within the meaning of the Act of 2000) of a public abstraction for the purposes of considering an objection. |