Water Environment (Abstractions and Associated Impoundments) Act 2022

Requirement for licence for temporary abstraction

77. (1) Irish Water shall not—

(a) commence a temporary abstraction that meets or exceeds the licensing threshold until a licence has been granted for that abstraction,

(b) commence a temporary abstraction that is of a class specified in Part 2 of Schedule 5 to the Regulations of 2001 but does not equal or exceed, as the case may be, the relevant quantity or area specified in that Part, until the Agency gives notice under subsection (8) or (12) of section 19 that an EIA is not required or that the abstraction is not likely to have significant effects on the environment, or

(c) carry out, or continue to carry out, a temporary abstraction, where the Agency gives notice under subsection (8) or (12) of section 19 that the abstraction requires a licence, until a licence has been granted for that abstraction.

(2) The Agency—

(a) shall assess a temporary abstraction referred to in subsection (1)(b) under section 19 (2), and

(b) may assess a temporary abstraction not otherwise referred to in paragraph (a) or (b) of subsection (1) under section 19 (2).

(3) The Agency shall give such priority to an assessment of a temporary abstraction under section 19 (2) as is necessary in the circumstances.