Water Environment (Abstractions and Associated Impoundments) Act 2022
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Claim for compensation for temporary or emergency abstraction | ||
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82. (1) A person— | ||
(a) who is the owner or occupier of land referred to in section 74 (2) or 78 (2)(a), who suffers damage or whose use of the land suffers interference caused by the carrying out of a temporary abstraction or emergency abstraction, or | ||
(b) whether or not a person referred to in paragraph (a), whose right, title or interest in any easement, way-leave, water right, fishing right or other right over or in respect of water has been materially adversely affected by the carrying out of a temporary abstraction or emergency abstraction, | ||
may claim compensation from Irish Water for damage suffered by the person in consequence of the temporary abstraction or emergency abstraction. | ||
(2) Subject to subsection (3), a claim under subsection (1) shall be made not later than 52 weeks after the date on which the temporary or emergency abstraction ends. | ||
(3) The High Court may, on the application of a person referred to in subsection (1), extend the period referred to in subsection (2) for the making of a claim under subsection (1) where it considers that the interests of justice so require. | ||
(4) Sections 70 to 71 shall apply to a claim for compensation under subsection (1) as it applies to a claim for compensation under section 69 subject to the following and any other necessary modifications: | ||
(a) that a reference to section 69 in sections 70 and 71 shall be read as a reference to section 82 , | ||
(b) that in section 70 (4)(a) “the arbitrator shall, in the case of a claim referred to in section 82 (1)(b), refuse” is substituted for “the arbitrator shall refuse”, and | ||
(c) that the following paragraph is contained in section 70 (4): | ||
“(aa) the arbitrator shall, in relation to a claim referred to in section 82 (1)(a) refuse to award compensation unless he or she is satisfied that any damage or interference results from the exercise by Irish Water of its powers to carry out a temporary or an emergency abstraction under this Chapter,”. |