Water Environment (Abstractions and Associated Impoundments) Act 2022
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Appeal to District Court against notice of temporary abstraction | ||
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81. (1) A person to whom a notice is given under section 75 (1) may within 14 days after the date of the giving of the notice, appeal against the proposed temporary abstraction or the temporary abstraction the subject of the notice to the District Court on any one or more of the following grounds: | ||
(a) in the case of a person referred to in section 75 (1)(b)— | ||
(i) that the person is not the owner or occupier of the land, | ||
(ii) that the entry on to land and carrying out of the abstraction would cause or is causing unreasonable expense or unreasonable interference with the person’s use or enjoyment of the land, | ||
(iii) the proposed carrying out or carrying out of the abstraction would cause or is causing the person’s right, title or interest in any easement, way-leave, fishing right or other right over or in respect of water to be materially adversely affected, or | ||
(iv) insufficient time was given to the person to enable him or her to reasonably facilitate the proposed carrying out or carrying out of the temporary abstraction; | ||
(b) in the case of a person referred to in section 75 (1)(c), that the proposed carrying out or carrying out of the abstraction would cause or is causing the person’s right, title or interest in any easement, way-leave, fishing right or other right over or in respect of water to be materially adversely affected; | ||
(c) in the case of Waterways Ireland, that the carrying out of the abstraction from a canal or navigable water would interfere or is interfering with navigation on the canal or navigable water; | ||
(d) the proposed duration of the abstraction or the proposed abstraction is a disproportionate response to 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; | ||
(e) reasonable alternative solutions are available to Irish Water to secure and maintain a supply of public water. | ||
(2) Notice of an appeal under this section shall be given to Irish Water and Irish Water shall be entitled to appear, be heard and adduce evidence on the hearing of the appeal. | ||
(3) An appeal against a notice given under section 75 (1) shall not operate to suspend the operation of the notice unless— | ||
(a) the appellant, in addition to making an appeal under this section, also applies to the District Court to have the operation of the notice suspended until such time as the appeal is determined, and | ||
(b) the District Court, where it considers it appropriate to do so having regard to all the circumstances of the case, orders that the operation of the notice, or such particular effects of the notice as the Court may order, are suspended until the appeal is determined, or until such other time as the Court may order. | ||
(4) The District Court may dismiss an appeal which is frivolous or vexatious or without substance or foundation. | ||
(5) On the hearing of the appeal the District Court may, as it thinks proper, either— | ||
(a) affirm the giving of the notice, | ||
(b) affirm the giving of the notice subject to such modifications, alterations or additions as the Court thinks reasonable, or | ||
(c) allow the appeal and cancel the notice. | ||
(6) Where the District Court makes a decision referred to in subsection (5)(b), the notice shall have effect subject to the modifications, alterations or additions ordered by the Court. | ||
(7) Where the District Court makes a decision referred to in subsection (5)(c), it shall make such ancillary orders as are necessary to enable Irish Water to leave the land or carry out any necessary works to repair or reinstate the land. |