Water Environment (Abstractions and Associated Impoundments) Act 2022

Emergency abstraction

78. (1) Where Irish Water is of the opinion that the nature or extent of the immediate and serious risk to the supply of public water or to human health referred to in paragraph (a), (b) or (c) of section 74 (1) gives rise to a civil emergency, in accordance with Article 1(3) of the EIA Directive, and that the application of Part 5 to the temporary abstraction, including the requirement to apply for a licence or the carrying out of an EIA, would have an adverse effect on the response to the civil emergency (in this Part referred to as an “emergency abstraction”), Irish Water may take immediate action to carry out that abstraction.

(2) For the purposes of subsection (1)

(a) Irish Water may enter on land and undertake any of the operations specified in section 74 (2), and

(b) section 61 (2) shall apply to an emergency abstraction as it applies to a public abstraction.