Water Environment (Abstractions and Associated Impoundments) Act 2022

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Decision by Board in respect of objection

67. (1) When making a decision in respect of an objection the Board may consider any information before it that it considers relevant to the proposal to carry out the public abstraction.

(2) Without prejudice to the generality of subsection (1), the Board shall, in making its decision, have regard to—

(a) the objection,

(b) a report under section 66 (2), information submitted under section 66 (3) or submissions or observations submitted under section 66 (4),

(c) the likely effects of the proposed carrying out of the public abstraction on the exercise by the person making the objection of their right, title or interest in an easement, way-leave, water right, fishing right or other right over or in respect of water,

(d) the requirement to carry out the proposed public abstraction for the proper performance by Irish Water of its functions,

(e) the water services policy statement prepared and published under section 32A of the Water Services (No. 2) Act 2013 , and

(f) the water services strategic plan prepared and published under section 33 of the Water Services (No. 2) Act 2013 .

(3) The Board may make a decision—

(a) to reject the objection, or

(b) to accede to the objection.

(4) In the case of a decision referred to in subsection (3)(a), Irish Water may, subject to this Act and any other enactment, proceed to carry out the public abstraction referred to in the notice under section 62 .

(5) In the case of a decision referred to in subsection (3)(b), Irish Water shall not proceed to carry out the public abstraction referred to in the notice under section 62 notwithstanding that—

(a) a licence was granted to Irish Water under Part 5 for that public abstraction, or

(b) a permission for development was granted under the Act of 2000, in respect of development required for the carrying out of the public abstraction or its ancillary operations.