Water Environment (Abstractions and Associated Impoundments) Act 2022

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Amendment of Act of 2000

116. The Act of 2000 is amended—

(a) in section 2(1), by the insertion of the following definitions:

“‘abstraction’ has the same meaning as in the Water Environment (Abstractions and Associated Impoundments) Act 2022;

‘abstraction licence’ means a licence granted by the Environmental Protection Agency under Part 5 of the Water Environment (Abstractions and Associated Impoundments) Act 2022;”,

(b) in section 7(2), by the substitution in paragraph (c) of “an integrated pollution control licence, an abstraction licence” for “an integrated pollution control licence”,

(c) in section 34(2), by the insertion of the following paragraph after paragraph (c):

“(ca) Where an application under this section relates to development which comprises or is for the purposes of an activity for which an abstraction licence is required, a planning authority shall take into consideration that the control of abstractions is a function of the Environmental Protection Agency.”,

(d) in section 37F, by the substitution in subsection (5) of “an integrated pollution control licence, an abstraction licence” for “an integrated pollution control licence”,

(e) in section 37G—

(i) by the insertion of the following subsection after subsection (4):

“(4A) Where an application under section 37E relates to proposed development which comprises or is for the purposes of an activity for which an abstraction licence is required, the Board shall not, where it decides to grant permission, subject that permission to conditions which are for the purposes of controlling the abstraction related to the operation of the activity.”,

and

(ii) by the substitution, in subsection (5), of “an integrated pollution control licence, an abstraction licence” for “an integrated pollution control licence”,

(f) by the insertion of the following section after section 173C:

“Environmental impact assessment relating to abstractions

173D.(1) Where a planning authority or the Board is considering an application for permission referred to in subsection (2)(a) of section 25 of the Act of 2022, it shall, upon the request in writing of the person who made the application and not later than 3 working days from the date of the request, provide that person with—

(a) the confirmation first-mentioned in the said subsection (2)(a), and

(b) in circumstances where an environmental impact assessment is not required, the confirmation referred to in subparagraph (ii) of the said subsection (2)(a).

(2) Where a planning authority or the Board grants a permission referred to in subsection (2)(b) of section 25 of the Act of 2022 but did not require an environmental impact assessment in relation to the application for that permission, it shall, upon the request in writing of the person to whom the permission was granted, provide that person with the confirmation referred to in subparagraph (ii) of the said subsection (2)(b).

(3) A planning authority or the Board, as may be appropriate, shall comply with a request of the Environmental Protection Agency under subsection (4)(a) of section 25 of the Act of 2022 within 4 weeks of receipt of the request.

(4) A planning authority or the Board, as may be appropriate, shall comply with a request of the Environmental Protection Agency under subsection (5)(a) of section 25 of the Act of 2022 within 4 weeks of receipt of the request.

(5) A planning authority shall comply with a request of the Environmental Protection Agency under subsection (8)(a) of section 25 of the Act of 2022 within 4 weeks of receipt of the request.

(6) Where a planning authority or the Board is considering an application for permission in respect of development—

(a) belonging to a class specified in Part 2 of Schedule 5 of the Planning and Development Regulations 2001, and

(b) that in its opinion requires an abstraction licence,

it shall, for the purpose of making a determination as to whether or not an environmental impact assessment is required, invite the Environmental Protection Agency to make observations within such period as may be specified by the planning authority or the Board, as may be appropriate, in relation to the application, and the planning authority or the Board, as may be appropriate, shall take account of any such observations when making that determination.

(7) A person who—

(a) makes an application for permission to a planning authority or the Board, and

(b) has made an application, or proposes to make an application, for an abstraction licence in connection with an application referred to in paragraph (a),

shall, when making the application referred to in paragraph (a), inform the planning authority concerned or the Board, as may be appropriate, in writing of his or her having so made the application referred to in paragraph (b) or his or her proposal to make such an application, as the case may be.

(8) In this section—

‘permission’ means—

(a) permission under Part III,

(b) approval for development under section 175, 177AE, 181(2L), 181B, 182B, 182D or 226, or

(c) substitute consent under section 177K.”.

(g) in section 175(10)—

(i) by the insertion of the following paragraph after paragraph (a):

“(aa) Where an application under this section relates to proposed development which comprises or is for the purposes of an activity for which an abstraction licence is required, the Board shall not, where it decides to approve the proposed development, subject that approval to conditions which are for the purposes of controlling the abstraction related to the operation of the activity.”,

and

(ii) by the substitution, in paragraph (b), of “an integrated pollution control licence, an abstraction licence” for “an integrated pollution control licence”,

(h) in section 177AE(10) —

(i) by the insertion of the following paragraph after paragraph (a):

“(aa) Where an application under this section relates to proposed development which comprises or is for the purposes of an activity for which an abstraction licence is required, the Board shall not, where it decides to approve the proposed development, subject that approval to conditions which are for the purposes of controlling the abstraction related to the operation of the activity.”,

and

(ii) by the substitution, in paragraph (b), of “an integrated pollution control licence, an abstraction licence” for “an integrated pollution control licence”,

(i) in the Fourth Schedule by the insertion of the following paragraph after paragraph 20C:

“20D.The proposed development would not be consistent with the objectives of a river basin management plan made under Regulation 13 of the European Communities (Water Policy) Regulations 2003 ( S.I. No. 722 of 2003 ).”,

and

(j) in the Seventh Schedule, by the substitution in paragraph 3 of “A groundwater abstraction, artificial groundwater recharge scheme or a surface water abstraction” for “A groundwater abstraction or artificial groundwater recharge scheme”.