Water Environment (Abstractions and Associated Impoundments) Act 2022
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PART 8 Electricity Supply Board | ||
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Operation and safety of hydro-electric schemes | ||
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87. (1) Only the ESB may apply for a licence for an abstraction for the purposes of a hydro-electric scheme. | ||
(2) Without prejudice to the generality of section 20 (2)(h), in considering an application under Part 5 by the ESB for a licence, stated in the application to be necessary for carrying out an abstraction for the purposes of a hydro-electric scheme, the Agency shall have regard to the functions of the ESB. | ||
(3) The Agency may require the ESB to furnish further information to it concerning an application referred to in subsection (2) as the Agency requires for the purposes of considering the application. | ||
(4) The Agency shall, having considered any further information referred to in subsection (3), and following consultation with the ESB and any other person as it sees fit, make a decision under Part 5 in respect of an application referred to in subsection (2) and shall only grant a licence where it is satisfied that the licence is required for the purposes of— | ||
(a) the management of water levels at a hydro-electric scheme, | ||
(b) the control or operation of an abstraction including discharge and flow rates of water, necessary for the operation or safety of a hydro-electric scheme, or | ||
(c) the management of flow of water into and out of a hydro-electric scheme. | ||
(5) The Agency may attach conditions to the licence referred to in subsection (4) to ensure that all measures, that are technically feasible and cost effective to mitigate the adverse impact of the abstraction on the status of the water body from which water is abstracted, shall be taken. | ||
(6) The Agency shall not attach conditions to a licence referred to in subsection (5) that would operate to affect the performance of the functions of the ESB in such a way as to compromise the safety of a hydro-electric scheme by— | ||
(a) restricting water levels or discharge or flow rates of water contrary to the levels and rates that are necessary for the operation of the scheme, | ||
(b) affecting compliance by the ESB with the requirements of an enactment referred to in the definition of the functions of the ESB in subsection (8), or | ||
(c) controlling water levels in, or the operation of, an associated impoundment. | ||
(7) Each hydro-electric scheme established by or under an enactment referred to in the definition of the functions of the ESB in subsection (8) shall be regarded as a single abstraction, within the meaning of section 3 (5), for the purposes of an application referred to in subsection (2), and not more than one licence may be granted in relation to an abstraction for the purposes of each hydro-electric scheme. | ||
(8) In this section— | ||
“functions of the ESB” means the functions conferred on the ESB by or under the following enactments in so far as they relate to the abstraction of water for the purpose of the operation and management of a hydro-electric scheme: | ||
(a) the Shannon Electricity Act 1925 ; | ||
(b) the Electricity (Supply) Act 1927 ; | ||
(f) the Shannon Fisheries Act 1935 ; | ||
(g) the Liffey Reservoir Act 1936 ; | ||
(h) the Shannon Fisheries Act 1938 ; | ||
(k) the River Erne Hydro-Electric Scheme Approval Order 1945 ( S.I. No. 86 of 1945 ); | ||
(l) the River Liffey (Leixlip) Hydro-Electric Scheme Approval Order 1945 ( S.I No. 154 of 1945 ); | ||
(m) the River Lee Hydro-Electric Scheme Approval Order 1949 ( S.I. No. 321 of 1949 ); | ||
(n) the River Liffey (Leixlip) Hydro-Electric Scheme Approval Order, 1945 (Amendment) Order 1950 ( S.I. No. 183 of 1950 ); | ||
(o) the River Erne Hydro-Electric Scheme Approval Order 1945 (Amendment) Order 1950 ( S.I. No. 236 of 1950 ); | ||
(p) the River Erne Hydro-Electric Scheme Approval Order 1945 (Amendment) Order 1952 ( S.I. No. 245 of 1952 ); | ||
(q) the River Lee Hydro-Electric Scheme Approval Order, 1949 (Amendment) Order 1953 ( S.I. No. 168 of 1953 ); | ||
(r) the River Clady Hydro-Electric Scheme Approval Order 1953 ( S.I. No. 320 of 1953 ); | ||
(s) the River Lee Hydro-Electric Scheme Approval Order 1949 (Amendment) Order 1955 ( S.I. No. 44 of 1955 ); | ||
(t) the River Lee Hydro-Electric Scheme Approval Order 1949 (Amendment) Order 1957 ( S.I. No. 71 of 1957 ); | ||
(u) the River Lee Hydro-Electric Scheme Approval Order 1949 (Amendment) Order 1958 ( S.I. No. 34 of 1958 ); | ||
(v) the River Lee Hydro Electric Scheme (Non-application of section 33(1) of Electricity (Supply) (Amendment) Act 1945) Order 1958 ( S.I. No. 35 of 1958 ); | ||
“hydro-electric scheme” means any of the following hydro-electric schemes operated by the ESB: | ||
(a) the River Shannon hydro-electric power scheme; | ||
(b) any of the 3 River Liffey hydro-electric power schemes; | ||
(c) any of the 2 River Lee hydro-electric power schemes; | ||
(d) any of the 2 River Erne hydro-electric power schemes; | ||
(e) the River Clady hydro-electric power scheme. |