Water Environment (Abstractions and Associated Impoundments) Act 2022
Number 48 of 2022
WATER ENVIRONMENT (ABSTRACTIONS AND ASSOCIATED IMPOUNDMENTS) ACT 2022
REVISED
Updated to 18 June 2025
This Revised Act is an administrative consolidation of the Water Environment (Abstractions and Associated Impoundments) Act 2022. It is prepared by the Law Reform Commission in accordance with its function under the Law Reform Commission Act 1975 (3/1975) to keep the law under review and to undertake revision and consolidation of statute law.
All Acts up to and including Residential Tenancies (Amendment) Act 2025 (5/2025), enacted 19 June 2025, and all statutory instruments up to and including Planning and Development Act 2024 (Commencement) (No. 2) Order 2025 (S.I. No. 256 of 2025), made 17 June 2025, were considered in the preparation of this Revised Act.
Disclaimer: While every care has been taken in the preparation of this Revised Act, the Law Reform Commission can assume no responsibility for and give no guarantees, undertakings or warranties concerning the accuracy, completeness or up to date nature of the information provided and does not accept any liability whatsoever arising from any errors or omissions. Please notify any errors, omissions and comments by email to
revisedacts@lawreform.ie.
Number 48 of 2022
WATER ENVIRONMENT (ABSTRACTIONS AND ASSOCIATED IMPOUNDMENTS) ACT 2022
REVISED
Updated to 18 June 2025
CONTENTS
Preliminary and general
Section
Regulations for certain abstractions
8. Regulations for certain abstractions
Exemptions
9. Exemption for certain abstractions
Register of abstractions
10. Requirement for Agency to keep register
11. Submission of information to Agency
12. Provision of information to Agency
13. Evidential value of entries in register
Licensing of abstractions
Abstractions requiring licence
15. Requirement for a licence to abstract
16. Registration and licensing thresholds
17. Agency opinion that licence required
18. Identification of significant abstractions
19. Assessment of certain abstractions
Licence application and EIA
21. Application for licence for abstraction
25. Coordination of EIA with planning authority or Board
26. Submission of information for purposes of Chapter 2
27. Grant or refusal of licence application under section 21
28. Decision where application was subject to EIA
Licence application requiring retrospective EIA or screening for retrospective EIA
29. Application for licence requiring retrospective EIA or screening for retrospective EIA
32. Retrospective screening determination
33. Consultation with planning authority
34. Submission of information for purposes of Chapter 3
35. Grant or refusal of licence application under section 29
36. Decision where application was subject to a retrospective EIA
Combined application for a licence and EIA
37. Combined application for licence
38. Coordination of EIA for combined application for licence
39. Exceptionality test for combined application for licence
40. Retrospective EIAR and EIAR
41. Screening determinations for combined application for licence
42. Coordination of EIA with planning authority or Board for combined application for licence
43. Submission of information for purposes of Chapter 4
44. Grant or refusal of licence application under section 37
45. Decision where application was subject to EIA or retrospective EIA
Obligations, joint licences, surrenders, transfers, reviews, revocations or suspensions
46. General provisions relating to licensee
47. Application for joint licence
48. Owner of impoundment not identified
51. Review of conditions attached to licence on application by licensee
52. Review by Agency of conditions attached to licence
53. Revocation or suspension of licence
55. Appeal to High Court against certain decisions of Agency
Miscellaneous provisions relating to licences
57. Regulations relating to licences
59. Clerical or technical amendment of licence
Abstraction by Irish Water
Public abstraction by Irish Water
60. Definitions and provision relating to notices
61. Power to carry out public abstraction
62. Notice of proposal to carry out public abstraction
63. Provision supplemental to section 62
64. Objection to proposal to carry out public abstraction
65. No objection or objection withdrawn
66. Consideration of objection by Board
67. Decision by Board in respect of objection
68. Provision supplemental to section 67
70. Determination of claim for compensation
73. Regulations relating to public abstraction
Temporary Abstraction by Irish Water
75. Notice of proposal to carry out a temporary abstraction
76. Temporary nature of abstraction
77. Requirement for licence for temporary abstraction
79. Notice of emergency abstraction
81. Appeal to District Court against notice of temporary abstraction
82. Claim for compensation for temporary or emergency abstraction
Abstraction by Irish Water from reservoirs of Electricity Supply Board
83. Abstraction by Irish Water from reservoirs of Electricity Supply Board
Waterways Ireland
84. Abstraction from navigable waters
86. Operation and maintenance of navigable water by Waterways Ireland
Electricity Supply Board
87. Operation and safety of hydro-electric schemes
Enforcement
89. Regulations for purpose of environmental inspections
90. Functions of local authorities under this Part
91. Authorised person appointed by local authority
92. Functions of Agency under this Part
93. Authorised person appointed by Agency
94. Power of authorised person to enter premises
95. Powers of authorised person
96. Warrant required to enter certain premises
97. Local authority may give compliance notice
98. Agency may give compliance notice
99. Supplemental provisions relating to compliance notices
100. Appeal against or application to suspend compliance notice
102. False or misleading information
105. Offence by body corporate
108. Prosecution by local authority
Miscellaneous and transitional provisions
110. Minister may give general policy directives to Agency
111. Transitional arrangements consequent upon repeal of Act of 1942
112. Transitional provisions consequent upon repeal of Local Government (Sanitary Services) Act 1964
113. Transitional arrangements consequent upon revocation of Regulations of 2018
Amendment of other acts
Acts Referred to
Acquisition of Land (Assessment of Compensation) Act 1919 (9 & 10 Geo. 5, c. 57)
Canals Act 1986 (No. 3)
Companies Act 2014 (No. 38)
Electricity (Supply) (Amendment) (No. 2) Act 1934 (No. 38)
Electricity (Supply) (Amendment) Act 1931 (No. 32)
Electricity (Supply) (Amendment) Act 1934 (No. 6)
Electricity (Supply) (Amendment) Act 1945 (No. 12)
Electricity (Supply) (Amendment) Act 1961 (No. 2)
Electricity (Supply) Act 1927 (No. 27)
Environmental Protection Agency Act 1992 (No. 7)
Lands Clauses Consolidation Act 1845 (8 & 9 Vict.) c. 18
Liffey Reservoir Act 1936 (No. 54)
Local Government (Sanitary Services) Act 1964 (No. 29)
Local Government (Water Pollution) Act 1977 (No. 1)
Local Government Act 2001 (No. 37)
Planning and Development Act 2000 (No. 30)
Shannon Electricity Act 1925 (No. 26)
Shannon Fisheries Act 1935 (No. 4)
Shannon Fisheries Act 1938 (No. 7)
Shannon Navigation Act 1990 (No. 20)
Water Services (No. 2) Act 2013 (No. 50)
Water Services Act 2007 (No. 30)
Water Supplies Act 1942 (No. 1)
Wildlife (Amendment) Act 2000 (No. 38)
Wildlife Act 1976 (No. 39)
Number 48 of 2022
WATER ENVIRONMENT (ABSTRACTIONS AND ASSOCIATED IMPOUNDMENTS) ACT 2022
REVISED
Updated to 18 June 2025
An Act to provide for the regulation of water abstractions and their associated impoundments; to give further effect to Directive 2000/60/EC of the European Parliament and of the Council of 23 October 20001 establishing a framework for Community action in the field of water policy; to provide for the Minister for Housing, Local Government and Heritage to regulate water abstractions not requiring a licence; to provide for the Minister to make regulations to exempt certain categories of water abstraction from certain requirements of the Act; to provide for the establishment of a register of water abstractions; to provide for licensing of water abstractions; to provide for the Minister to specify by order the daily rate of an abstraction that requires registration and licensing; to provide for the conferral of licensing and certain enforcement functions on the Environmental Protection Agency; to give further effect to Directive No. 2011/92/EU of the European Parliament and of the Council of 13 December 20112 on the assessment of the effects of certain public and private projects on the environment amended by Directive 2014/52/EU of the European Parliament and of the Council of 16 April 20143; to provide for Irish Water to carry out abstractions for the purpose of the performance of its functions; to provide for certain temporary and emergency abstractions required to be carried out by Irish Water and for those abstractions to be exempt from certain requirements of the Act; to provide for compensation for certain abstractions carried out by Irish Water; to provide for abstractions by Irish Water from reservoirs of the Electricity Supply Board; to provide for particular arrangements relating to abstractions from canals or navigable waters; to confer certain enforcement functions on local authorities; to repeal the Water Supplies Act 1942 and certain provisions of the Local Government (Sanitary Services) Act 1964 and the Local Government (Water Pollution) Act 1977 and to revoke the European Union (Water Policy) (Abstractions Registration) Regulations 2018 (S.I. No. 261 of 2018); to amend the Canals Act 1986, the Shannon Navigation Act 1990 and the Planning and Development Act 2000; and to provide for related matters.
[20th December, 2022]
Be it enacted by the Oireachtas as follows:
Annotations
Modifications (not altering text):
C1
Functions transferred and references to "Cathaoirleach" or "Cathaoirligh", "Leas-Chathaoirleach", "chief executive" and "deputy chief executive" construed (16.05.2024) by Local Government (Mayor of Limerick) and Miscellaneous Provisions Act 2024 (7/2024), ss. 10, 23, 25, 26, 28 and sch. 1 parts 1, 2, S.I. No. 207 of 2024.
Functions of Mayor
10. (1) All functions (other than functions conferred by or under an enactment specified in Part 1 of Schedule 1) that, immediately before the vesting day, vested in the Cathaoirleach of Limerick City and County Council shall, on and after that day, vest in the Mayor.
(2) All functions (other than functions conferred by or under an enactment specified in Part 2 of Schedule 1) that, immediately before the vesting day, vested in the chief executive of Limerick City and County Council shall, on and after that day, vest in the Mayor.
(3) From the vesting day, a reference in any enactment (other than an enactment specified in Part 1 of Schedule 1) to Cathaoirleach shall, in so far as the reference applies to the Cathaoirleach of Limerick City and County Council, be construed as a reference to the Mayor, or as including a reference to the Mayor, as the context requires.
(4) From the vesting day, a reference in any enactment (other than an enactment specified in Part 2 of Schedule 1) to chief executive shall, in so far as that reference applies to the chief executive of Limerick City and County Council, be construed as a reference to the Mayor, or as including a reference to the Mayor, as the context requires.
(5) This section shall apply subject to the modifications of the Principal Act specified in Schedule 3.
...
Functions of Príomh Chomhairleoir
23. (1) All functions conferred by or under an enactment specified in Part 1 of Schedule 1 that, immediately before the vesting day, vested in the Cathaoirleach of Limerick City and County Council shall, on and after that day, vest in the Príomh Chomhairleoir.
(2) From the vesting day, a reference in an enactment specified in Part 1 of Schedule 1 to Cathaoirleach or Cathaoirligh shall, in so far as that reference applies to the Cathaoirleach of Limerick City and County Council, be construed as a reference to the Príomh Chomhairleoir, or as including a reference to the Príomh Chomhairleoir, as the context may require.
(3) This section shall apply subject to the modifications of the Principal Act specified in Schedule 3.
...
Functions of Leas-Phríomh Chomhairleoir
25. (1) All functions conferred by or under any enactment that, immediately before the vesting day, vested in the Leas-Chathaoirleach of Limerick City and County Council shall, on and after that day, vest in the Leas-Phríomh Chomhairleoir.
(2) From the vesting day, a reference in any enactment to Leas-Chathaoirleach shall, in so far as that reference applies to the Leas-Chathaoirleach of Limerick City and County Council, be construed as a reference to the Leas-Phríomh Chomhairleoir, or as including a reference to the Leas-Phríomh Chomhairleoir, as the context may require.
(3) This section shall apply subject to the modifications of the Principal Act specified in Schedule 3.
Director general
26. (1) The chief executive of Limerick City and County Council shall, on and after the vesting day, be known as the director general of Limerick City and County Council and is in this Act referred to as the “director general”.
(2) The person who, immediately before the vesting day, was the chief executive of Limerick City and County Council shall, on and after that day, continue in office and be referred to in accordance with subsection (1).
(3) On and after the vesting day, a reference in an enactment specified in Part 2 of Schedule 1 to chief executive shall, in so far as that reference applies to the chief executive of Limerick City and County Council, be construed as a reference to the director general, or as including a reference to the director general, as the context may require.
(4) This section shall apply subject to the modifications of the Principal Act specified in Schedule 3.
...
Deputy director general
28. (1) On and after the vesting day, a deputy chief executive appointed by the director general under section 148 of the Principal Act shall be known as the deputy director general of Limerick City and County Council and is, in this Act, referred to as the “deputy director general”.
(2) The person who, immediately before the vesting day, was the deputy chief executive of Limerick City and County Council shall, on and after that day, continue in office and be referred to in accordance with subsection (1).
(3) On and after the vesting day, a reference in any enactment to deputy chief executive shall, in so far as the reference applies to the deputy chief executive of Limerick City and County Council, be construed as a reference to the deputy director general, or as including a reference to the deputy director general, as the context may require.
(4) This section shall apply subject to the modifications of the Principal Act specified in Schedule 3.
...
SCHEDULE 1
PART 1
Enactments for Purposes of Sections 10 and 23
|
Number and Year (1) |
Provision (2) |
Extent of Modification (3) |
|
No. 37 of 2001 |
Local Government Act 2001 |
Sections 11(5)(b), 11(8), 31(4)(a), 31(5), 31(7), 31(9), 31(11), 33, 34(2)(e), 36, 37, 38, 104(7)(a), 133(6)(a), 134(4)(b), 140(8), 141(1)(b), 141(4), 142(2)(a), 142(5)(f), 143(1), 147, 148, 158(3), 174(8), 178(2)(b), 178(5), 180(3)(a), 189(9), 190(9), 216(2)(a), 219(1) and 220(1); paragraphs 3(4), 4(2), 4(3), 6(1), 6(2), 6(3), 7(9), 10, 13(5)(e), 13(6) and 16(4)(c) of Schedule 10; paragraph 3 of Schedule 14. |
PART 2
Enactments for Purposes of Sections 10 and 26
|
Number and Year (1) |
Short Title (2) |
Provision (3) |
|
... |
... |
... |
|
No. 48 of 2022 |
Water Environment (Abstractions and Associated Impoundments) Act 2022 |
Sections 90, 91, 97, 101 and 108. |
|
... |
... |
... |