Water Environment (Abstractions and Associated Impoundments) Act 2022
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Transitional arrangements consequent upon repeal of Act of 1942 | ||
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111. (1) Notwithstanding the repeal of the Act of 1942 by section 7 (1)(a), Irish Water may, in respect of a proposal that remains in force immediately before the date of the coming into operation of section 7 (1)(a), continue to perform the functions referred to in paragraphs (a), (b) and (c) of section 13(1) of the Act of 1942 under and in accordance with the Act of 1942. | ||
(2) Irish Water shall make an application for a licence in respect of a proposal referred to in subsection (1) that comprises an abstraction referred to in section 15 (1) within the period referred to in subsections (2), (3), (4) or (5) of section 15 , as appropriate. | ||
(3) Subsection (1) shall no longer apply to a proposal that comprises an abstraction referred to in section 15 (1) on and from the later of— | ||
(a) the date the Agency has, in relation to the abstraction, made a decision under Part 5 to grant or refuse the licence, or | ||
(b) where Irish Water appeals a decision of the Agency under Part 5 to refuse the licence, the date the court has made an order on foot of that appeal. | ||
(4) Where an application for compensation under sections 14 to 16 of the Act of 1942 has not been determined pursuant to those sections before the date of the coming into operation of section 7 (1)(a), the Act of 1942 shall continue to apply to the application for compensation notwithstanding the repeal of that Act by section 7 (1)(a). | ||
(5) In this section, “proposal” has the same meaning as it has in the Act of 1942. |