Water Environment (Abstractions and Associated Impoundments) Act 2022
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Application for exemption | ||
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80. (1) Where Irish Water proposes to carry out an emergency abstraction, it shall apply to the Minister for an exemption from the requirements of all or any provision of Part 5. | ||
(2) An application under subsection (1) shall— | ||
(a) be made no later than 24 hours after the commencement of the emergency abstraction, | ||
(b) be in such form as may be specified by the Minister, | ||
(c) include the information specified in section 79 (2), | ||
(d) state the main reasons for the opinion of Irish Water that an emergency abstraction is required and the requirement for the abstraction in response to the civil emergency, | ||
(e) contain information on how the application of Part 5 would have an adverse effect on the response to the civil emergency, | ||
(f) for the purposes of subsection (6) only, provide contact information for the persons specified in paragraphs (b) to (d) of section 75 (1), | ||
(g) be accompanied by such documents and information as may be relevant to the opinion of Irish Water, and | ||
(h) contain such other information as may be prescribed by the Minister under section 73 . | ||
(3) The Minister shall immediately consider the application under subsection (1) and, in any case, no later than 7 days after the receipt of that application, shall— | ||
(a) make an order under subsection (4), or | ||
(b) give notice under subsection (6). | ||
(4) The Minister may, on an application being made to him or her under subsection (1), make an order exempting the emergency abstraction from the requirements of all or any provision of Part 5 where he or she considers that— | ||
(a) there is a civil emergency justifying the exemption, | ||
(b) the sole purpose of the abstraction is the response to that civil emergency, and | ||
(c) the carrying out of an EIA would have an adverse effect on the response to the civil emergency, in which case the order shall exempt the abstraction from the requirement to carry out an EIA. | ||
(5) Before making an order under subsection (4), the Minister shall consult with any Minister of the Government as he or she considers appropriate and the Agency. | ||
(6) The Minister shall give notice to Irish Water, the Agency and the persons specified in paragraphs (b) to (d) of section 75 (1), as appropriate, where he or she decides not to make an order under subsection (4). | ||
(7) An order under subsection (4) shall— | ||
(a) refer to the nature of the civil emergency that poses an immediate and serious risk to the supply of public water or to human health, | ||
(b) state the main reasons for the opinion of the Minister that a civil emergency has arisen and the requirement for the emergency abstraction in response to that emergency, | ||
(c) provide that the emergency abstraction shall be exempt from the requirements of Part 5 , or any provision of Part 5 , as determined by the Minister, | ||
(d) specify the duration of the emergency abstraction, which shall not be more than 8 weeks, | ||
(e) specify the location, nature, and maximum daily rate of the temporary abstraction, and | ||
(f) specify any other requirement or condition which the Minister considers necessary, including reporting requirements and conditions consistent with the environmental objectives of the water body concerned. | ||
(8) The period of 8 weeks specified in subsection (7)(d) may be extended once and once only by order under subsection (4) for a further period of not more than 8 weeks. | ||
(9) Irish Water shall be guilty of an offence if it contravenes a provision of an order made under this section that is declared in the order to be a penal provision. |