Water Environment (Abstractions and Associated Impoundments) Act 2022
|
Notice of proposal to carry out a temporary abstraction | ||
|
75. (1) Where Irish Water proposes to carry out a temporary abstraction it shall, as soon as may be, give notice of the proposal to— | ||
(a) the Agency, | ||
(b) the owner and occupier of the land referred to in section 74 (2), | ||
(c) any person who, to the knowledge of Irish Water having made reasonable enquiry, 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 the abstraction relates, and | ||
(d) Waterways Ireland, in the case of an abstraction from a canal or navigable water. | ||
(2) Where it is not practical to give notice to the persons referred to in subsection (1) of the proposal to carry out the temporary abstraction, Irish Water shall give notice to those persons within 48 hours after the commencement of the abstraction. | ||
(3) A notice under subsection (1) shall include the following information— | ||
(a) the matter referred to in paragraph (a), (b) or (c) of section 74 (1) which gives rise to the need to carry out the temporary abstraction, | ||
(b) the date or intended date of the commencement of the abstraction, | ||
(c) the expected duration of the abstraction and the date of intended cessation of the abstraction, | ||
(d) the daily rate proposed to be abstracted, | ||
(e) the source of water, identified by means of such particulars, maps, plans or drawings as Irish Water considers appropriate, from which the abstraction is proposed to be carried out and its location, | ||
(f) the abstraction point or points, identified by means of such particulars, maps, plans or drawings as Irish Water considers appropriate, at which the abstraction is proposed to be carried out, | ||
(g) such other information as may be prescribed by the Minister under section 73 , | ||
(h) in respect of a notice to the persons specified in paragraphs (b) to (d) of subsection (1), that the person may, under section 81 , appeal the proposal to carry out, or the carrying out of, the abstraction, and | ||
(i) in respect of a notice to the Agency, where the proposed abstraction is an abstraction of a class specified in section 77 (1)(b), the information referred to in section 24 (2). | ||
(4) Irish Water shall publish a notice containing the information in paragraphs (a) to (g) of subsection (3) on its website within 48 hours after the commencement of the temporary abstraction. | ||
(5) The Agency may give notice to Irish Water requiring it to submit, within the period specified in the notice, any further information in relation to the temporary abstraction that the Agency may reasonably require. |