Water Environment (Abstractions and Associated Impoundments) Act 2022

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PART 7

Waterways Ireland

Abstraction from navigable waters

84. (1) Where the Agency receives an application under Part 5 for a licence for an abstraction from navigable water from an applicant other than Waterways Ireland, it shall give notice of the application to Waterways Ireland.

(2) (a) Waterways Ireland shall, if it is of the opinion that the abstraction in accordance with a licence granted on foot of an application referred to in subsection (1) would pose a material risk or impediment to navigation of the navigable water concerned, give notice of that opinion to the Agency giving the main reasons for it and furnish any information in relation to the opinion to the Agency as it considers appropriate.

(b) Waterways Ireland shall give notice of its opinion under paragraph (a) within 42 days after the date of the notice under subsection (1).

(3) The Agency may request additional information from Waterways Ireland in relation to its opinion under subsection (2) as it considers necessary and Waterways Ireland shall furnish that information to the Agency within the period specified in the request.

(4) The Agency may require the applicant to furnish further information to it concerning any matter arising from any consultation with Waterways Ireland as the Agency requires for the purposes of considering an application referred to in subsection (1) and the applicant shall furnish the further information within the period specified by the Agency.

(5) The Agency may consult with any person as it considers appropriate for the purpose of considering an application referred to in subsection (1).

(6) The Agency shall, having considered any opinion of Waterways Ireland and the main reasons for it, information provided by Waterways Ireland, any further information referred to in subsection (4) and the results of any consultation under subsection (5), make a decision under Part 5 in respect of an application referred to in subsection (1)—

(a) to grant the licence subject to any conditions it considers appropriate for the purpose of protecting navigation of the navigable water concerned, or

(b) to refuse to grant the licence where it is satisfied—

(i) that the abstraction under consideration would pose a material risk or impediment to navigation of the navigable water, and

(ii) that no reasonable condition that the Agency could attach to the grant of the licence would be sufficient to protect navigation while allowing the abstraction to take place.

(7) Before attaching conditions to a licence for an abstraction from navigable water, the Agency shall consult with Waterways Ireland.

(8) The Agency shall give its main reasons to the applicant where it attaches conditions to a licence for an abstraction from navigable water or where it refuses to grant such a licence.

(9) The Agency shall give its main reasons to Waterways Ireland where, contrary to the opinion of Waterways Ireland, the Agency grants a licence for an abstraction from navigable water or where it refuses to grant such a licence.

(10) The Agency may, in making a decision on an application referred to in subsection (1), proceed on the basis that Waterways Ireland has no objection to the grant of a licence if Waterways Ireland does not give notice of its opinion to the Agency under subsection (2).

(11) In any proceedings relating to a grant of a licence for an abstraction referred to in subsection (1), the Agency may, if appropriate, inform the court that the Agency proceeded in accordance with subsection (10) in making its decision on the application for the licence.

(12) Nothing in this section shall prevent Waterways Ireland from applying under Part 5 for a licence for an abstraction from navigable water or the Agency, in respect of that application, from attaching conditions referred to in subsection (6)(a) to the licence or refusing to grant the licence where it is satisfied as to the matters referred to in subsection (6)(b).