Water Environment (Abstractions and Associated Impoundments) Act 2022
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Abstraction from canals | ||
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85. (1) A person shall only carry out an abstraction from a canal having entered into an agreement with Waterways Ireland whereby the person may abstract and Waterways Ireland may facilitate the person in carrying out the abstraction upon such terms and subject to such conditions as may be specified in the agreement. | ||
(2) The Agency shall only consider an application under Part 5 for a licence for an abstraction from a canal, by an applicant other than Waterways Ireland, where the applicant provides an agreement referred to in subsection (1) to the Agency relating to the abstraction. | ||
(3) Where, in relation to an application referred to in subsection (2), the Agency is provided with an agreement referred to in subsection (1) it may request further documentation or information from the applicant or Waterways Ireland concerning the agreement as it considers necessary and the applicant or Waterways Ireland shall furnish the information to the Agency within the period specified in the request. | ||
(4) The Agency may require the applicant to consult further with Waterways Ireland in relation to the application and furnish further information to the Agency concerning any matter arising from the consultation as the Agency requires for the purposes of considering an application referred to in subsection (2) and the applicant shall consult and 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 (2). | ||
(6) The Agency shall, having considered the agreement referred to in subsection (1), any further information referred to in subsections (3) and (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 (2)— | ||
(a) to grant the licence subject to any conditions it considers appropriate for the purpose of protecting navigation of the canal 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 canal, 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 a canal, 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 a canal or where it refuses to grant such a licence. | ||
(9) Nothing in this section shall prevent Waterways Ireland from applying under Part 5 for a licence for an abstraction from a canal 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). |